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HomeMy WebLinkAbout20191528.tiffPlanner: Case Number: Applicant: Request: Legal Description: Location: Size of Parcel: LAND USE APPLICATION SUMMARY SHEET Kim Ogle U SR 18-0125 Hearing Date: April 2, 2019 Daniel and Kristie Oenes, dba High Plains RV Storage and Service LLC 15104 St. Paul Street, Thornton, CO 8002 A Site Specific Development Plan and Use by Special Review Permit for any Use Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the Commercial or Industrial Zone Districts (RV and boat storage, two dump stations, a 100,000 gallon fire suppression tank, steel framed enclosed and covered parking garages, one 5 000 SF steel framed RV maintenance shop with office and security living quarters) provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District Lot A, Recorded Exemption RE -4435, being a part of the S2 NE4 Section 33, Township 1 North, Range 68 West of the 5th P.M., County of Weld, State of Colorado West of and adjacent to County Road 7; approximately 1300 feet south of County Road 4 and approximately 3325 feet North of Highway 7 (County Road 2) +1- 9.1 acres Parcel No. 1467-33-1-00-021 The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: Town of Erie, referral dated December 21, 2018 Colorado Department of Transportation, referral dated January 2, 2019 Weld County Department of Public Health and Environment, referral dated January 7, 2019 Weld County Department of Public Works, referral dated January 8, 2019 City and County of Broomfield, referral dated January 8, 2019 The Department of Planning Services' staff has received referral responses without comments from the following agencies: Weld County Zoning Compliance, referral dated December 13, 2018 City of Northglenn, referral dated December 20, 2018 Colorado Geologic Survey, referral dated January 10, 2019 Mountain View Fire and Rescue, referral dated March 22, 2019 The Department of Planning Services' staff has not received responses from the following agencies: ) ) ) Left Hand Water District Boulder Valley Conservation District Weld County Office of Emergency Management Adams County Weld County Building Inspection Colorado Parks and Wildlife Weld County Sheriff's Office Daniel and Kristie Oenes High Plains RV Storage and Service, LLC USR18-0125 Page 1 Planner: Case Number: Applicant: Request: Legal Description: Location: Size of Parcel: Case Summary: Kim Ogle USR18-0125 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Hearing Date: April 2, 2019 Daniel and Kristie Oenes, dba High Plains RV Storage and Service LLC 15104 St. Paul Street, Thornton, CO 8002 A Site Specific Development Plan and Use by Special Review Permit for any Use Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the Commercial or Industrial Zone Districts (RV and boat storage, two dump stations, a 100,000 gallon fire suppression tank, steel framed enclosed and covered parking garages, one 6000 SF steel framed RV maintenance shop with office and security living quarters) provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District Lot A, Recorded Exemption RE -4435, being a part of the S2 NE4 Section 33, Township 1 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado West of and adjacent to County Road 7; approximately 1300 feet south of County Road 4 and approximately 3325 feet North of Highway 7 (County Road 2) +/- 9.1 acres Parcel No. 1467-33-1-00-021 The property located at 587 County Road 7 will be used as an RV storage and service facility. There will be a commercial building on the property approximately 6000 square feet in size that will have an office and two garage bays. The building will be used for performing maintenance and/or repairs to customers' recreational vehicles. The remainder of the land will be utilized for RV storage. The facility will be enclosed by fencing and will have security gates at the entry/exit points. The applicant's business plan includes building enclosed bays on the property for customers who want to garage their RV. The applicant will also allocate part of the property for storage spaces that will be open but will have a cover. Those spaces will be for customers who want weather protection for their RV. The remainder of the property will be open parking spaces for RVs. The property will have numerous security cameras strategically located throughout the property, along with lighting. There will also be an air station, a water station, and a dump station. Landscaping will be around the perimeter of the land to include wild grass, shrubs and wildflowers. There will also be some landscaping around the office portion of the building. The application materials state the office and service shop (commercial building) are open Monday through Friday from 8:30 am to 4:30 pm. with some consideration to operating on Saturdays from 8:00 am to 12:00 pm. RV storage customers will have a key card that will allow them access to the property through a mechanized gate outside of office/service operating hours. Areas near and around the proposed site are being developed, and the residential developments are covenant controlled subdivisions that prohibit the storing of RVs on private property. This business provides those residents with the option of utilizing this facility for storage purposes. Daniel and Kristie Oenes High Plains RV Storage and Service, LLC USR18-0125 Page 2 At the opening of the business, both owners, Daniel and Kristie Oenes, will be working on site full- time. As needed, there will be an increase the number of employees up to six (6), including a part- time, less than 30 hours/ week mechanic to assist with the maintenance and repairs to RVs, but the total number of employees will ultimately be contingent on the demand for service. DEPA R TMEN T OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-20. G.A.Goal 7. states "County land use regulations should protect the individual property owner's right to request a land use change." The property historically was a large tract of agriculture land with a residence and outbuildings that in 2006 was split into two equal parcels through the Recorded Exemption land use application process. The easternmost parcel was without improvements and is viable for development. Section 22-2-20.G.2 A.Policy 7.2 states "Conversion of agricultural land to nonurban residential, commercial and industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region." The proposed facility is located east of a permitted mini -storage and RV surface parking area (USR15-0045) that gains access from the same private easement. This property is adjacent to County Road 7 a paved road that is designated on the Weld County Functional Classification Map as an arterial road, which requires 140 feet of right-of-way and the proposed facility is also within 3200 feet of the intersection of County Road 7 and Highway 7 (County Road 2) within the City and County of Broomfield. Section 22-2-20.H.3. A.Policy 8.3. The land use applicants should demonstrate that the roadway facilities associated with the proposed development are adequate in width, classification and structural capacity to serve the proposed land use change. Weld County Public Works has reviewed the proposal having direct access onto County Road 7 a paved arterial road that is maintained by Weld County. Access to the property is via a private easement from the site entrance/exit to the County Road 7 access point. The existing access and utility easement is 30 -feet in width created on March 25, 1974 under Reception number 1632579. As a condition of approval, a Weld County Improvements and Road Maintenance Agreement with triggers is required for off -site improvements. Section 22-2-20.D. A.. Goal 4. states "Promote a quality environment which is free of derelict vehicles, refuse, litter and other unsightly materials." The applicant indicates that at no time will a vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid registration with the State, as required by Section Daniel and Kristie Oenes High Plains RV Storage and Service, LLC USR18-0125 Page 3 42-3-103, 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to use on public road rights -of -way or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202 to 42- 2-227, C.R.S. be parked or stored on premises. The applicant is providing a dumpster for disposal of trash and is also proposing two (2) dump stations to address effluent transfer from the recreational vehicles to a sealed vault that is pumped on a regular basis by a licensed service provider. Section 22-6-20.C.1 ECON.Policy 3.1. states "County activities and regulation should protect the rights of private property owners and the public health, safety and welfare, recognizing that these basic rights and protections allow the free market to prosper and grow the local economy." The proposed facility location and the property surrounding the site is predominately comprised of agricultural and residential lots. There are new residential communities being developed to the south, southwest, and southeast of the site. This proposed business provides those residents of the aforementioned communities with an opportunity to store their recreational vehicles close to home without violating their HOA covenants. The proposed use is in an area that can support this development and the proposed landscape treatment, limited downcast security and operational lighting and opaque screening, the Development Standards, and the Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3- 40.S which allows for a Site Specific Development Plan and Use by Special Review Permit for any Use Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the Commercial or Industrial Zone Districts (RV and boat storage, two dump stations, a 100,000 gallon fire suppression tank, steel framed enclosed and covered parking garages, one 6000 SF steel framed RV maintenance shop with office and security living quarters) provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions. The A (Agricultural) Zone District is intended to provide areas for the conduct of uses by Special Review which have been determined to be more intense or to have a potentially greater impact than uses Allowed by Right. The A (Agricultural) Zone District regulations are established to promote the health, safety and general welfare of the present and future residents of the County. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The adjacent lands consist of pasture, small crop production, obsolete egg production facilities and rural residences. Residences are in close proximity in each direction, to the north the distance is 249 feet more or less from the north property line; to the east the residence is 195 feet more or less to the east property line; to the south the residence is 588 -feet more or less to the south property line and to the west the residence is 300 -feet more or less from the west property line. There are several USRs within one mile of the site. To the west is USR-1627 for a Buddhist Temple and School; USR15-0045 for RV, Boat and Trailer Storage, an office/Caretaker building and a garage. To the north are SUP -97 for an Egg Production Facility, I M U S R 16-99-1004 for an accessory structure and more than the number of horses allowed as a use by right; and USR-748 for a Furniture Manufacturing Facility. To the east across County Road 7 are USR-1359 for a Daniel and Kristie Oenes High Plains RV Storage and Service, LLC USR18-0125 Page 4 Home Business, Trophy Production; SUP -54 for a water well and pump house; USR-749 for a Home Business and Accessory Structure; USR-1581 for a Landscape Contractor Business, USR15-0055 for a Second Single Family Dwelling, USR-984 for an Accessory Structure and USR- 1630 for a Church. Lands less than one-half mile to the west have been annexed into the Town of Erie as part of the Vista Ridge subdivision and lands less than one -eighth of a mile to the south are within the City and County of Broomfield and are developing as residential subdivisions. The Weld County Department of Planning Services sent notice to twenty-two (22) Surrounding Property Owners. Planning staff received no correspondence from surrounding property owners within 500 feet of the parent parcel. Planning staff have received two (2) telephone calls from property owners within the Ranch Eggs subdivision who held concerns with traffic, lighting and property value devaluation. The applicant has been in contact with the Surrounding Property Owners and conducted a community meeting on January 17, 2019 with the Homeowners Association for Ranch Eggs, Inc. The applicant submitted copies of the proposed facility plan and information contained in the USR application file. The applicant has also had informal conversations with neighbors to the west who share the common easement access onto County Road 7. The Conditions of Approval require that the applicant submit an Emergency Action and Safety Plan and a Road Maintenance and Improvements Agreement (for roads and traffic) and a Landscaping/Screening Plan. The Development Standards and Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region. C. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located within the three (3) mile referral area of Town of Erie, City of Northglenn, City and County of Broomfield and Adams County. The City of Northglenn in their referral dated December 20, 2018 indicated no conflicts with their interests. The Town of Erie in their referral dated December 21, 2018 stated "Weld County has previously met with the Town of Erie and the City and County of Broomfield to discuss the growing traffic along WCR 7 and the lack of improvements being done by developments along it. As this County development directly fronts WCR 7, the Town is curious what improvements the County will be requiring this development complete to WCR 7." The City and County of Broomfield in their referral dated January 8, 2019 indicated "The City and County of Broomfield has reviewed your referral and have made the comments contained in this letter. 1. It appears right-of-way is being preserved for the future widening of CR 7. It is unclear how far the fence is being setback from the current roadway and how that in addition to a berm impacts visibility. 2. The traffic study should address any impacts to CR 7 at State Highway 7. a What roadway improvements are proposed on CR 7? There do not appear to be any shown for turning movements of large vehicles and trucks pulling trailers. 4. How is the site and parking areas being screened from CR 7 and adjacent residential properties? Appropriate screening is needed? Adams County did not provide a referral response. The Town of Erie in the Comprehensive Plan - 2015 Update Land Use Plan map identifies the project area as being within the jurisdiction of the City and County of Broomfield. Daniel and Kristie Oenes High Plains RV Storage and Service, LLC USR18-0125 Page 5 The City and County of Broomfield in their 2016 Comprehensive Plan Land Use map designates the lands east of Sheridan Parkway and South of Lowell Lane as residential with limited commercial development proposed for lands north of Highway► 7 (County Road 2) east of Sheridan and west of the new aligned Huron Street (CR 7.5) Lands to the west of County Road 7 and south of Lowell Lane are slated for 1010 residential units in the Highland subdivision and lands to the east of County Road 7 south of Lowell Lane are slated for 377 residential units in the Palisade subdivision. Adams County and the City of Northglenn while within the three (3) mile referral area are not adjacent to Weld County for this proposed project location. E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The property is located within the Geologic Hazard Overlay District, where lands are prone to subsidence, or the sinking or settling of the ground surface. Ground subsidence can result from the settlement of native low -density soils, or the caving in of natural or man-made underground voids. Subsidence may occur gradually over many years as sags or depressions form on the ground surface. It's more infrequent, but subsidence can occur abruptly -virtually instantly -as dangerous ground openings that could swallow any part of a structure that happen to lie at that location or leave a dangerous steep -sided hole. In Weld County, the types of subsidence of greatest concern are settlement related to collapsing soils and the ground subsidence over abandoned mine workings. The Colorado Geologic Survey reviewed this application and their referral dated January 10, 2019 indicated no concerns with the proposed development. The property is not within MS4 area, Special Flood Hazard Area or the Airport Overlay District. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee, the County Facility Fee and Drainage Impact Fee Programs. F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed facility is located on approximately 9 acres of Prime [Irrigated] lands per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The property is located within an urbanizing area, has no irrigation water available to the property and given the location, the highest and best use may not be agriculture production. G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23- 2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the map: A. The applicant shall submit a Lighting Plan for the facility, including the exterior of the maintenance shop, the entry and exit gates and internal to the parking storage and staging areas.. (Department of Planning Services) Daniel and Kristie Oenes High Plains RV Storage and Service, LLC USR18-0125 Paget B. The applicant shall submit a Screening Plan that screens the site from the Surrounding Property Owners and the public right-of-way and access easement. (Department of Planning Services) C. The applicant shall address attempt to the concerns of CDOT Region 1 Traffic Division as stated in their referral dated January 2, 2019 to determine if any improvements, or if a new access permit is required at the intersection of County Road 7 and State Highway 7 (County Road 2). (Department of Planning Services, CDOT) D. The applicant shall attempt to address the concerns of the City and County of Broomfield as stated in their referral dated January 8, 2019. (Department of Planning Services) E. The applicant shall attempt to address the concerns of the Town of Erie as stated in their referral dated December 21, 2018. (Department of Planning Services) F. An Improvements and Road Maintenance Agreement with triggers is required for off -site improvements. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. The Agreement shall include provisions addressing engineering requirements, submission of collateral, and testing and approval of completed improvements. (Department of Public Works) O. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. (Department of Public Works) H. The applicant shall submit a recorded copy of any agreement signed by all the owners of the property crossed by the access. The access shall be for ingress, egress, utilities and shall be referenced on the USR map by the Weld County Clerk and Recorder's Reception number. (Department of Public Works) I. The USR map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR18-0125 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4. The applicant shall delineate on the map the enclosed or screened trash collection areas. Per Section 23-3-350.H of the Weld County Code. (Department of Planning Services) 5. The map shall delineate the site screening. (Department of Planning Services) 6. The map shall delineate the lighting which shall adhere to Section of the Weld County Code. (Department of Planning Services) 7. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 8. The map shall delineate the parking area for the vendors, customers and/or employees. (Department of Planning Services) 9. County Road 7 is a paved road and is designated on the Weld County Functional Classification Map as an arterial road, which requires 140 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) Daniel and Kristie Oenes High Plains RV Storage and Service, LLC USR18-0125 Page 7 10. Show and label any private easements used to access the site from County Road 7, from the site entrance/exit to and including the County Road 7 access point. The physical location of the drive within the easement shall be shown on the map. Reception numbers shall be referenced for easement documents. (Department of Public Works). 11. Show and label the accepted drainage features. Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume. (Department of Public Works) 12. Show and label the drainage flow arrows. (Department of Public Works) 13. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works) 14. Show and label all recorded easements on the map by book and page number or reception number and date on the site plan. (Department of Planning Services) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall be added for each additional three (3) month period. (Department of Planning Services) 4. Prior to Construction: A. The applicant shall obtain a Weld County Grading Permit. (Department of Public Works) 6. Prior to operation of the Maintenance Shop: A. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility operator, the Fire District and the Weld County Office of Emergency Management. Submit evidence of acceptance to the Department of Planning Services. (Department of Planning Services) 7. Prior to the issuance of the Certificate of Occupancy: A. An On -Site Wastewater Treatment System (OWTS) is required for the proposed facility and shall be installed according to the Weld County On -Site Wastewater Treatment System Regulations. The OWTS is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health and Environment) 8. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. (Department of Planning Services) Daniel and Kristie Oenes High Plains RV Storage and Service, LLC USR18-0125 Page 8 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Daniel and Kristie Oenes High Plains RV Storage and Service LLC USR18-0125 1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0125, for any Use Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the Commercial or Industrial Zone Districts (RV and boat storage, two dump stations, a 100,000 gallon fire suppression tank, steel framed enclosed and covered parking garages, one 6000 SF steel framed RV maintenance shop with office and security living quarters) provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. The hours of operation are 8:30 a.m. - 4:30 p.m. Monday — Friday, 8:00 a.m. - 12:00 p.m. Saturday, as stated by the applicants. (Department of Planning Services) 4. The number of on -site employees shall be six (6), as stated by the applicants. (Department of Planning Services) 5. The parking area on the site shall be maintained. (Department of Planning Services) 6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 7. The landscaping/screening on the site shall be maintained. (Department of Planning Services) 8. The property owner or operator shall provide written evidence of an approved Emergency Action and Safety Plan on or before March 15th of any given year signed by representatives for the Fire District and the Weld County Office of Emergency Management to the Department of Planning Services. (Department of Planning Services) 9. No derelict vehicles, as defined in Section 23-1-90 of the Weld County Code shall be stored on site.. (Department of Planning Services) 10. All vehicles located within the RV Storage area must be operational with current license plates and tags. (Department of Planning Services) 11. There shall be no outside storage of industrial and/or commercial vehicles, equipment or materials. (Department of Planning Services) 12. No hazardous materials shall be stored on the site. (Department of Planning Services) 13. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 14. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment) Daniel and Kristie Oenes High Plains RV Storage and Service, LLC USR18-0125 Page 9 15. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and Environment) 16. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment) 17. All potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. (Department of Public Health and Environment) 18. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 19. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Onsite Waste Water Treatment Systems. (Department of Public Health and Environment) 20. RV dump stations shall be connected to an appropriately engineer designed On Site Wastewater Treatment System which complies with all provisions of the Weld County Code, pertaining to Onsite Waste Water Treatment Systems. (Department of Public Health and Environment) 21. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 22. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 23. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works) 24. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. (Department of Public Works) 25. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 26. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works) 27. The Property Owner shall comply with all requirements provided in the executed Improvements Agreement. (Department of Public Works) 28. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. (Department of Public Works) 29. Access will be along a shared private road. Maintenance of the private road will not be the responsibility of Weld County. (Department of Public Works) 30. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 31. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) Daniel and Kristie Oenes High Plains RV Storage and Service, LLC USR18-0125 Page 10 32. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in accordance with the map. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. (Department of Planning Services) 33. Building permits may be required, for any new construction or set up manufactured structure, per Section 29-3-10 of the Weld County Code. A building permit application must be completed and submitted. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2018 International Building Codes; 2018 International Residential Code; 2006 International Energy Code; 2017 National Electrical Code; and Chapter 29 of the Weld County Code. A plan review shall be approved, and a permit must be issued prior to the start of construction. 34. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. (Department of Planning Services) 35. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) 36. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. (Department of Planning Services) 37. The property owner or operator shall be responsible for complying with all the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. (Department of Public Health and Environment) 38. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. Daniel and Kristie Oenes High Plains RV Storage and Service, LLC USRI 8-0125 Page 11 39. WELD COUNTYS RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Daniel and Kristie Oenes High Plains RV Storage and Service, LLC USR18-0125 Page 12 February 26, 2019 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: kogle@weldgov.com PHONE: (970) 400-3549 FAX: (970) 304-6498 KRISTIE OENES 15104 ST. PAUL STREET THORNTON, CO 80602 Subject: USR18-0125 - A Site Specific Development Plan and Use by Special Review Permit for any Use Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the Commercial or Industrial Zone Districts (RV and boat storage, two dump stations, a 100,000 gal fire suppression tank, steel framed enclosed and covered parking garages, one 6000 SF steel framed RV maintenance shop with office and security living quarters) provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District On parcel(s) of land described as: LOT A REC EXEMPT RE -4435, PART NE4 SECTION 33, Ti N, R68W OF THE 6TH P.M., WELD COUNTY, COLORADO. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on April 2, 2019, at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on April 24, 2019 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at www.weldcountyplanningcases.org Page 2 of 2 If you have any questions concerning this matter, please call. Respectfully, Kim Ogl Planner December 11, 2018 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: kogle@weldgov.com PHONE: (970) 400-3549 FAX: (970) 304-6498 KRISTIE OENES 15104 ST. PAUL ST THORNTON, CO 80602 Subject: USR18-0125 - A Site Specific Development Plan and Use by Special Review Permit for any Use Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the Commercial or Industrial Zone Districts (RV and boat storage, two dump stations, a 100,000 gal fire suppression tank, steel framed enclosed and covered parking garages, one 6000 SF steel framed RV maintenance shop with office and security living quarters) provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District On parcel(s) of land described as: PART NE4 SECTION 33, T1N, R68W LOT A REC EXEMPT RE -4435 of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the following Planning Departments for their review and comments: Erie at Phone Number 303-926-2700 Northglenn at Phone Number 303-450-8709 It is recommended that you contact the listed Planning Departments for information regarding their process and to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please call. Respectfully, Planner FIELD CHECK- USR18-0125 Inspection Date: March 12, 2019 Applicant: Daniel and Kristie Oenes, dba High Plains RV Storage and Service LLC Request: A Site Specific Development Plan and Use by Special Review Permit for any Use Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the Commercial or Industrial Zone Districts (RV and boat storage, two dump stations, a 100,000 gallon fire suppression tank, steel framed enclosed and covered parking garages, one 6000 SF steel framed RV maintenance shop with office and security living quarters) provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District . Legal: Lot A, Recorded Exemption RE -4435, being a part of the S2 NE4 Section 33, Township 1 North, Range 68 West of the 61h P.M., County of Weld, State of Colorado Location: West of and adjacent to County Road 7; approximately 1300 feet south of County Road 4 and approximately 3325 feet North of Highway 7 (County Road 2) Parcel ID #: 1467-33-1-00-021 Acres: 9.1 +/- Zoning Land Use N AGRICULTURE N Rural residence with opaque fence and outbuildings E AGRICULTURE E Rural residences with Ranch Eggs Subdivision S AGRICULTURE S Vacant lands with oil rig in operation, beyond City & County of Broomfield Residential and Commercial Development W AGRICULTURE W Horse Boarding Facility with rural residence Comments: The property is located west of County Road 7 a paved heavily traveled road posted at 45 MPH. There is a grade change between the road and the property of approximately 5 feet. The property is flat, vacant and in pasture grass. The irrigation ditch has been recently cleaned and bladed for spring flows. Several cottonwood trees have been downed and bucked into lengths. The current access is adjacent to the west property line. Access to the proposed facility site and all other parcels to the west is via a private easement. The adjacent lands consist of pasture, small crop production, obsolete egg production facilities and rural residences. Residences are in close proximity in each direction, to the north the distance is 249 feet more or less from the north property line; to the east the residence is 195 feet more or less to the east property line; to the south the residence is 588 -feet more or less to the south property line and to the west the residence is 300 -feet more or less from the west property line. There are several USRs within one mile of the site. To the west is USR-1627 for a Buddhist Temple and School; USR15-0045 for RV, Boat and Trailer Storage, an office/Caretaker building and a garage. To the north are SUP -97 for an Egg Production Facility, 1 MUSR16-99-1004 for an accessory structure and more than the number of horses allowed as a use by right; and USR-748 for a Furniture Manufacturing Facility. To the east across County Road 7 are USR-1359 for a Home Business, Trophy Production; SUP -54 for a water well and pump house; USR-749 for a Home Business and Accessory Structure; USR-1581 for a Landscape Contractor Business, USR15-0055 for a Second Single Family Dwelling, USR-984 for an Accessory Structure and USR-1630 for a Church. Lands less than one-half mile to the west have been annexed into the Town of Erie as part of the Vista Ridge subdivision and lands less than one -eighth of a mile to the south are within the City and County of Broomfield and are developing as residential subdivisions. Signature ❑ House(s) ❑ Outbuilding(s) ❑ Access to Property ❑ Crop Productions ❑ Site Distance ❑ Mobile Home(s) ❑ Other Animals On -Site ❑ Water Bodies ❑ Ditch ❑ Derelict Vehicles ❑ Non-commercial junkyard (list components) ❑ Irrigation Sprinkler ❑ Crops ❑ Wetlands ❑ Oil & Gas Structures ❑ Wildlife ❑ Utilities On -Site (transmission lines) ❑ Topography Note any commercial business/commercial vehicles that are operating from the site. — Vacant Hello