HomeMy WebLinkAbout20191949HEARING CERTIFICATION
DOCKET NO. 2019-62
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR19-0006, FOR A USE PERMITTED AS USE BY RIGHT, ACCESSORY USE OR USE
BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(INDOOR STORAGE OF RV, BOATS, TRAILERS, CARS, ATVS, AND GENERAL
RESIDENTIAL ITEMS), PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN
APPROVED OR RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN
FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS
IN THE A (AGRICULTURAL) ZONE DISTRICT — MNR, LLC
A public hearing was conducted on May 29, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro -Tern
Commissioner Sean P. Conway
Commissioner Scott K. James
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Jessica Reid
Assistant County Attorney, Bob Choate
Planning Services Department representative, Diana Aungst
Public Works Engineer representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated April 4, 2019, and duly published
April 10, 2019, in the Greeley Tribune, a public hearing was conducted to consider the request of
MNR, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR19-0006, for a Use permitted as Use by Right, Accessory Use or Use by Special Review in
the Commercial or Industrial Zone Districts (indoor storage of RV, boats, trailers, cars, ATVs, and
general residential items), provided that the property is not a lot in an approved or recorded
subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling
subdivisions in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made
this a matter of record.
Diana Aungst, Department of Planning Services, presented a brief summary of the proposal
and stated the proposed site is located east of and adjacent to County Line
Road/County Road (CR) 1, and indicated 15 referrals were sent out and nine (9) responded. She
stated the proposal is for indoor, self -storage, with 786 units of various sizes. She provided the
number of employees, hours of operation, and described the parking area, landscape plan,
security gate and fence around the site. She stated the applicant is proposing one (1),
70 square -foot sign and described surrounding uses. She indicated the Department of Planning
Services had received two (2) letters of opposition and outlined the concerns mentioned in the
letters. Ms. Aungst stated the proposed site is within the three (3) mile referral area of the Towns
of Firestone and Mead, and the City of Longmont, and is within the Cooperative Planning Area of
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PAGE 2
the Towns of Firestone and Mead, and both have no annexation interest. She entered the
favorable recommendation of the Planning Commission into the record as written and displayed
images of site and surrounding areas. In response to Chair Kirkmeyer, Ms. Aungst indicated the
proposed site is eight (8) acres and approximately 90 percent will be covered with buildings. In
response to Commissioner Conway she pointed to the rental house and the proposed site location
on the map.
• Hayley Balzano, Department of Public Works, provided a brief overview of the transportation
plans and requirements, and stated the applicant is proposing to use an existing access on CR 1,
and keep the residential access. She explained the applicant is requesting a radius variance of
45 feet and stated the Department of Public Works (PW) is not in agreement due to the traffic
volume from the south. She provided the daily roundtrip counts, average speeds, and drainage
requirements, and stated PW is requiring tracking control, as well as an Improvements and Road
Maintenance Agreement.
ei Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, and stated the Longs Peak Water District will serve the facility. She further explained
a new commercial septic system will serve the house and the facility, and will need to be installed
prior to the issuance of the Certificate of Occupancy. She indicated Development Standards (DS)
#19-28 address Environmental Health (EH) items.
• Rosi Dennett, Front Range Land Solutions, represented the applicant and stated a market
study showed the use is needed in the area. She mentioned the site is located among other
businesses, explained the design layout, clarified the percentage of building coverage is
approximately 50 percent, and indicated she and the applicant had no concerns with the
Conditions of Approval (COA) and Development Standards (DS).
e Joseph Hanlon, surrounding property owner (SPO) to the south and east, expressed
concerns about the turning radius on CR 1, the Right -of -Way (ROW) easement for the driveway,
and a gate on his driveway, stating any changes will impede his access. He submitted a Warranty
Deed and a subdivision plat to show proof of his ownership of the easement, and showed on the
map where he lives and the location of the easement. In response to Commissioner Moreno,
Mr. Hanlon stated he had talked to the applicant, and indicated he and his wife had lived there for
47 years.
• Dorothy Rasmussen, SPO to the north, has lived in her home for 50 years. She indicated the
proposed site is adjacent to her easement and house. She expressed concerns, stating the whole
area is becoming industrial uses which has a negative impact on her property value. In response
to Commissioner Conway, Ms. Rasmussen stated the Board needed to look at the runoff of the
proposed site, and she confirmed she had informed the applicant of this issue.
• In response to Chair Kirkmeyer, Mr. Choate interpreted the Deed and easement information
given to him by Mr. Hanlon, and indicated there appeared to be no limits on use of the easement.
In response to Commissioner Conway, Mr. Choate confirmed the access and use of the easement
would be a private matter. There was discussion among the Board and Mr. Choate about
conveyance of an access easement.
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• Ms. Dennett clarified the applicant is not proposing to change or modify the easement or put
a gate across Mr. Hanlon's access easement, and mentioned the gate referred to on the plan is
internal to the proposed site, not the access road. In response to Chair Kirkmeyer, she indicated
on the map where Mr. Hanlon's access is and where the gate to the proposed facility will be.
There was discussion between Chair Kirkmeyer, Ms. Dennett, and staff about the conveyance of
easement documents. Mr. Chote stated, per the Deed from 2002, MNR, LLC, can use the
easement in any manner that is consistent with the easement. In response to Chair Kirkmeyer,
the applicant indicated the property had always been accessed through the easement. In
response to Commissioner Moreno, Ms. Dennett clarified the concrete referenced on the site
map.
El Bill Novell, applicant, described the gate location. In response to Commissioner James,
Ms. Balzano explained the logistics of an access permit, noting all permits are determined by
usage type, and physical standards, such as turning radii and width, and mentioned neither of the
accesses in question are permitted because they were built prior to access permitting. In response
to Chair Kirkmeyer, Dawn Anderson with PW stated both parties would have to sign a shared
access easement agreement. Mr. Choate clarified the use of the easement for Commissioner
James, followed by discussion by the Board about the access.
El Chair Kirkmeyer recessed the hearing for ten (10) minutes to allow time for Mr. Choate to
discuss the access permit process with staff.
• Chair Kirkmeyer reconvened the hearing at 11:33 a.m. and asked for comments from the
Board. In response to Commissioner Conway regarding the break discussion, Mr. Choate
explained staff discussed the Access Permit code and requirements to approve access permit
applications. After much discussion about the access and the easement, it was determined the
easement allows the Hanlons to cross the MNR, LLC property, and MNR, LLC cannot interfere
with the Hanlon's ability to do that. In response to Commissioner James, Ms. Balzano clarified
the accesses were reviewed with the application, but the permits would still need to be obtained.
• Tom Parko, Director of the Department of Planning Service, explained the document, Minor
Subdivision 1207-19-3-M5-18 (Exhibits D and F), he sent to the Board. Mr. Choate reiterated the
use cannot interfere with the Hanlon's ability to access their property.
• Mr. Novell stated he will use the existing residential access and tear the existing house down
if the Board believes the use would interfere with the Hanlon's ability to access their property. In
response to Chair Kirkmeyer, Mr. Novell indicated he purchased the site a couple of years ago,
and explained the application meets the intent of the A (Agricultural) Zone District by describing
surrounding uses, including two (2) landscape companies and a vehicle storage facility.
In response to Commissioner Conway, Ms. Dennett explained the site location process and
stated the site was designed to attempt to mitigate concerns. Mr. Novell indicated there are
apartments and housing to the south with a need for storage, and they chose indoor storage to
be compatible with the surrounding area. In response to Commissioner Conway, Mr. Novell
explained the facility will use 7.2 acres of the eight (8) -acre site. In response to Chair Kirkmeyer,
2019-1949
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Mr. Novell described the location of the housing being built in the area, reviewed the Landscaping
Plan, and clarified the roundtrips per day to be 200.
• Commissioner Freeman stated he believed the application works in this area because the
storage is indoors. In support of the application, Commissioner James cited Weld County Code,
Sections 23-3-10 and 23-3-40.S, and stated he believes the Use meets the intent of the
A (Agricultural) Zone District and, because it is indoor, it is compatible with surrounding uses.
Commissioner Moreno stated he believes there are enough findings to support the application,
but he struggles with the access. Commissioner Conway stated he is in agreement with moving
forward.
• Commissioner Conway suggested deleting the words "emergency access" in COA #1.A (fire
protection) because it is not mentioned in the referral, Commissioner Moreno suggested adding
the Dark Sky Policy to COA #1.C (lighting), and on COA #1.F.10 (residential access), per the
recommendation of the Department of Public Works (PW), the Board agreed to leave the turning
radii requirement at 60 feet and delete the second sentence. Regarding COA #1.F.12 (entrance
gate), Chair Kirkmeyer suggested changing the language to read, "No portion of the adjacent
property's access easement shall be gated", deleting DS #6 (sign size), and adding the Dark Sky
Policy to DS #29 (lighting plan). She also suggested adding a new COA #1.F.7 to read, "The
applicant shall develop an irrigation plan to maintain the landscaping." Ms. Aungst suggested
adding a new DS #8 to read, "The landscaping shall be maintained with an irrigation system."
The Board agreed to all of the changes made.
In response to the changes made to the COA and DS, Ms. Rasmussen asked if the detention
pond was going to be covered, and Chair Kirkmeyer stated it would not.
• In response to Chair Kirkmeyer, Mr. Novell indicated he reviewed, and agreed to abide by,
the Conditions of Approval and Development Standards, as amended.
• Commissioner Freeman moved to approve the request of MNR, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR19-0006, for a Use permitted as Use
by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone Districts
(indoor storage of RV, boats, trailers, cars, ATVs, and general residential items), provided that
the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed
prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District,
based on the recommendations of Planning staff and the Planning Commission, with the
Conditions of Approval and Development Standards, as amended. The motion was seconded by
Commissioner Moreno and passed on a 4-1 vote, with Chair Kirkmeyer opposed. There being no
further discussion, the hearing was completed at 12:26 p.m.
2019-1949
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HEARING CERTIFICATION - MNR, LLC (USR19-0006)
PAGE 5
This Certification was approved on the 3rd day of June, 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: C�
Weld County Clerk to the Board
BY:
AP
aR
Deputy Clerk to the Board
ttorney
Date of signature: ()Cote/Ic1
EXCUSED DATE OF APPROVAL
Barbara Kirkmeyer, Chair
Mike Freeman, Pro-Tem
EXCUSED DATE OF APPROVAL
Sea ' . Conway
Steve Moreno
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