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Home My WebLink About20191937BEFORE THE WELD COUNTY. COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bruce Johnson. that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: APPLICANT PLANNER REQUEST: LEGAL DESCRIPTION LOCATION U S R 19-0006 MNR, LLC DIANA AUNGST 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 (INDOOR STORAGE OF RVS, BOATS, TRAILERS, CARS, ATVS. AND GENERAL RESIDENTIAL ITEMS) 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 AND A SEVENTY (70) SQUARE FOOT FREESTANDING SIGN IN THE A (AGRICULTURAL) ZONE DISTRICT PART NW4SW4 SECTION 19, T3N, R68 OF THE 6TH P.M.. WELD COUNTY, COLORADO. EAST OF AND ADJACENT TO CR 1, APPROXIMATELY 0.3 MILES NORTH OF HWY 66. be recommended favorably to the Board of County Commissioners 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 Planning Commission 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. 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 any RV, vehicle, boat trailer, equipment, material or personal property be located outdoors on the storage facility grounds. Additionally. because all the storage will be located indoors, potential crime will be minimized and no unsightly materials and items will be visible, which promotes a quality environment. The applicant is providing a dumpster for disposal of trash and is also proposing a dump station 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 22-2-20.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. Productive agricultural activities are not readily supported on this parcel because of the small lot size. The commercial use is appropriate because it is located in an urbanizing area of the County which is rapidly developing with residential and commercial uses. The need for this facility results from residential developments, which are covenant controlled subdivisions that typically prohibit the storing of RVs, boats, trailers on private property. The proposed facility provides those residents with the option of utilizing this facility for storage purposes without violating their HOA covenants. The existing on -site residence will continue to be used and the proposed landscaping will buffer potential commercial nuisances from adjacent properties. The storage facility is compatible if buffered from adjacent residential uses to the north, south and east and County Road 1 to the west. Furthermore. the property has adequate access to transportation networks with State RESOLUTION USR19-0006 MNR, LLC PAGE 2 Highway 66 being approximately 0.3 miles to the south and the Boulder -Weld County Line Road being directly west of the site. Section 22-2-20. H - A. Goal 8. states, "Ensure that adequate services and facilities are currently available or reasonably obtainable to accommodate the requested new land use change for more intensive development." The existing residence is served by Longs Peak Water District and a residential septic system permitted for 2 bedrooms (G19850226). The proposed facility will purchase a commercial water tap and will install a commercial septic system. Mountain View Fire Rescue is also working with the applicant to design the site to meet the safety requirements. B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-10 — Intent states, "The A (Agricultural) Zone District is also 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." This code section allows the applicant to apply for a Use by Special Review permit for the subject business which is more intense than Uses Allowed by Right. Section 23-3-40.S. — Uses by special review, of the Weld County Code allows, "Any use permitted as a Use by Right, an Accessory Use. or a Use by Special Review in the Commercial or Industrial zone districts. 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." This code section allows the applicant to apply for a USR for a commercial/industrial operation as the site is not located within a subdivision. C. 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 low and medium density residential and agricultural uses. The closest residence is about 40 feet north of the site. There are six (6) Use by Special Review Permits issued within one mile of the site. USR-1738 for a home business to the north. USR-1470 for a landscaping, vehicle and equipment storage/repair to the north. USR-1061 for a 12" gas line to the north. USR12-0010 for a dental office to the southeast. USR14-0040 for a kennel to the south. USR-1681 for an antique business and storage to the south. The Weld County Department of Planning Services sent notice thirteen (13) Surrounding Property Owners within 500 feet of the site. Planning staff received two (2) letters in opposition to the USR of the subject USR property. The letter outlined concerns with detention pond design, traffic impacts. access design and bulk/height of the buildings. The proposed use is in an area that can support this development and the proposed landscaping, security fencing. Improvements Agreement. Conditions of Approval and the Development Standards will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region. D. 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 the Town of Firestone, the City of Longmont and Town of Mead. All three (3) municipalities returned referrals stating no concerns, dated January 23, February 13. and January 22, 2019 respectively. RESOLUTION USR19-0006 MNR. LLC PAGE 3 The site is located in the Coordinated Planning Agreement (CPA) boundary of the Towns of Firestone and Mead. As part of the pre -application process, both towns were notified of the proposal by Planning staff and were provided Notice of Inquiry forms by the applicant. Both municipalities submitted signed NOI forms, which stated no annexation interest. The site is not located with a Regional Urbanization Area (RUA) or Urban Growth Boundary (UGB). 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 not within the A -P (Airport) Overlay District, Geologic Hazard Overlay District, a Special Flood Hazard Area or MS4 area. Building Permits issued on the lot will be required to adhere to the fee structure of the County - Wide Road Impact Fee Program. Building Permits issued on the lot will be required to adhere to the fee structure of 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 eastern portion of the parcel is located on soils designated as "Prime (Irrigated) - Farmland of National Importance" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The western portion of the parcel is designated as "Other". The subject property is not currently used for agricultural purposes and the USR will not further remove any active farm ground from production. Due to the small size of the property and being located in a developing area, it is not suitable for agricultural 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 Planning Commission recommendation for approval is conditional upon the following: 1. Prior to recording the map: A. The applicant shall address the requirements of Mountain View Fire Rescue regarding water supply for fire protection, utility plans, building plans, and emergency access. as stated in the referral response dated February 5, 2019. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) B. The applicant shall address the requirements of the Colorado Division of Water Resources regarding stormwater management, as stated in the referral response dated February 11, 2019. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) C. The applicant shall submit a Lighting Plan for the facility, addressing pole -mounted lighting, building -mounted lighting and gate/wayfinding lighting. (Department of Planning Services) RESOLUTION USR19-0006 MNR, LLC PAGE 4 D. An Improvements and Road Maintenance Agreement is required for off -site improvements at this location. Road maintenance includes, but is not limited to, damage repair to specified haul routes and future triggered improvements. The Agreement shall include provisions addressing engineering requirements, submission of collateral, and testing and approval of completed improvements. (Department of Public Works) E. 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) F The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR19-0006 (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) Show and label existing and proposed landscaping and the proposed fence. (Department of Planning Services) 5) Show and label the employee parking area. (Department of Planning Services) 6) Show and label the enclosed or screened trash collection areas. (Department of Planning Services) 7) Show and label the twenty -foot (20') setback from the edge of the future or existing right- of-way, whichever is greater. The proposed sign must be located outside of the setback. (Department of Planning Services) 8) The facility sign shall adhere to the Sign Plan criteria as detailed in the application materials and as stated in the Development Standards which the Board of County Commissioners approved on May 29. 2019. All other 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) 9) County Road 1 is a paved road and is designated on the Weld County Functional Classification Map as a collector road which requires 80 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) 10) Show and label the approved access locations. approved access width and the appropriate turning radii (60') on the site plan. Public Works is requiring that the resieentia access point, ocatec on County Roae ' approximate y 1795 feet nortn of Highway 66 be closed and reclaimed. The applicant must obtain an access permit in the approved location(s) prior to construction. (Department of Public Works) 11) Show and label the approved tracking control on the site plan. (Department of Public Works) 12) Show and label the entrance gate if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled surface be less than 35 feet. (Department of Public Works) RESOLUTION USR19-0006 MNR, LLC PAGE 5 13) 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) 14) Show and label the drainage flow arrows. (Department of Public Works) 15) Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works) 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 added for each additional three (3) month period. (Department of Planning Services) 4. Prior to Construction: A. The approved access and tracking control shall be constructed prior to on -site construction. (Department of Public Works) B. If more than one (1) acre is to be disturbed. a Weld County Grading Permit will be required. (Department of Public Works) 5. Prior to 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) 6. Prior to Operation: 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. The Use by Special Review is not perfected until the Conditions of Approval are completed and the map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the property. until the Use by Special Review map 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) RESOLUTION USR19-0006 MNR, LLC PAGE 6 Motion seconded by Richard Beck. VOTE: For Passage Bruce Johnson Bruce Sparrow Michael Wailes Tom Cope Gene Stille Lonnie Ford Richard Beck Skip Holland Against Passage Absent Elijah Hatch The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I, Michelle Wall. Recording Secretary for the Weld County Planning Commission. do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on May 7, 2019. Dated the 7'h of May, 2019 •-trtechucec, of uadi- Michelle Wall Secretary RESOLUTION USR19-0006 MNR, LLC PAGE 7 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS MNR, LLC - Family Storage USR19-0006 1. A Site Specific Development Plan and Use by Special Review Permit. USR19-0006. 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 (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 lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions and a seventy (70) square foot freestanding sign 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 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) 4. The hours of operation are 6:00 am to 6:00 pm, 7 -days a week, as stated in the application materials. (Department of Planning Services) 5. The public and employee parking areas shall be maintained. (Department of Planning Services) 6. The facility sign shall adhere to the Sign Plan criteria as submitted in the application materials and as approved by the Board of County Commissioners. The sign will be a permanent, freestanding sign, seventy (70) square -feet (10'x7') and is located north of the facility's access point. (Department of Planning Services) 7. All other 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) 8. The existing and proposed landscaping and proposed screening on the site shall be maintained. (Department of Planning Services) 9. There shall be no outdoor storage of vehicles, equipment. materials, et cetera. No derelict vehicles, as defined in Section 23-1-90 of the Weld County Code, shall be stored on the site. The site shall not be utilized as a storage yard. salvage yard or commercial junkyard. No overnight occupation of any RV or storage unit is permitted. (Department of Planning Services) 10. No hazardous materials shall be stored on site. (Department of Planning Services) 11. 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) 12. 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) 13. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 14. 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) RESOLUTION USR19-0006 MNR. LLC PAGE 8 15. The Property Owner shall comply with all requirements provided in the executed Improvements Agreement. (Department of Public Works) 16. The Improvements Agreement for this site may be reviewed on an annual basis. including a site visit and possible updates. (Department of Public Works) 17. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 18. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 19. 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) 20. 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) 21. 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) 22. 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) 23. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment) 24. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Onsite Waste Water Treatment Systems. A permanent. adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 25. In the event the applicant intends to utilize the existing septic system. permitted as G19850226, G19750885. for business use the septic system shall be reviewed by a Colorado registered professional engineer. The review shall consist of observation of the system and a technical review describing the system's ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed, the system shall be brought into compliance with current Onsite Waste Water Treatment Systems regulations. (Department of Public Health and Environment) 26. 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. A vault permit is required. (Department of Public Health and Environment) 27. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. For 10 or less customers or visitors per day, and 2 or less full time employees on site. portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County, shall contain hand sanitizers and be screened from public view. (Department of Public Health and Environment) RESOLUTION USR19-0006 MNR, LLC PAGE 9 28. 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) 29. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. 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) 30. 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. 31. 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 in order 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. 32. 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. 33. The property owner or operator shall be responsible for complying with all of 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. 34. 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. 35. WELD COUNTY'S 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. RESOLUTION USR19-0006 MNR, LLC PAGE 10 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. Q� i\kcNtk-eS 051011 ww SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, May 7, 2019 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair, Michael Wailes, at 12:30 pm. Roll Call. Present: Michael Wailes, Bruce Sparrow, Bruce Johnson, Gene Stille, Tom Cope, Lonnie Ford, Richard Beck, Skip Holland. Absent: Elijah Hatch. Also Present: Chris Gathman. Diana Aungst, and Angela Snyder, Department of Planning Services; Lauren Light, Department of Health; Evan Pinkham, Hayley Balzano and Mike McRoberts. Public Works: Karin McDougal. County Attorney, and Michelle Wall, Secretary. Motion: Approve the April 16, 2019 Weld County Planning Commission minutes, Moved by Gene Stille, Seconded by Tom Cope. Motion passed unanimously. CASE NUMBER: APPLICANT: PLANNER REQUEST LEGAL DESCRIPTION: LOCATION USR19-0006 MNR. LLC DIANA AUNGST 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 (INDOOR STORAGE OF RVS, BOATS. TRAILERS. CARS. ATVS. AND GENERAL RESIDENTIAL ITEMS) 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 AND A SEVENTY (70) SQUARE FOOT FREESTANDING SIGN IN THE A (AGRICULTURAL) ZONE DISTRICT PART NW4SW4 SECTION 19, T3N. R68 OF THE 6TH P.M., WELD COUNTY. COLORADO. EAST OF AND ADJACENT TO CR 1, APPROXIMATELY 0.3 MILES NORTH OF HWY 66. Diana Aungst, Planning Services. presented Case USR19-0006, reading the recommendation and comments into the record. Staff received two letters of opposition from surrounding property owners. The letters expressed concern with the detention pond design, traffic impact, access design and bulk height of buildings. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Hayley Balzano, Public Works, reported on the existing traffic, access to the site and drainage conditions for the site. Ms. Balzano said Public Works is requesting to modify Condition of Approval 1.F.10 regarding access locations. Lauren Light, Environmental Health. reviewed the public water and sanitary sewer requirements. on -site dust control, and the Waste Handling Plan. Ms. Light said Environmental Health is requesting modifications to Development Standard 26. Rosi Dennett. 210 Lincoln Street. Longmont, Colorado stated she is the planning consultant for the applicant. Ms. Dennett said that Bill Novell, one of the partners of MNR LLC was available to answer questions. She said when the project first began, the name of the facility was Family Storage but was changed to County Line Storage at the time of application submittal. Ms. Dennett said they will not be phasing the project; the entire project will be done in two years. The planned sequence of building the facility will be utilities. roads, one-story structures on the westside, and then the second -story structure. Ms. Dennett said they did a market study and found a high demand for a storage facility in this area. She said they feel the facility is compatible with the area. Ms. Dennett stated she would like to see Condition of Approval F.10 be modified to allow turning radius of 45' on one side and 60' on the other. She would also like Development Standard 26 be modified to allow separate systems for the dump station and septic system. Bill Novell, 6000 Kiva Ridge Drive, Berthoud, Colorado, explained what types of storage would be in the different buildings; Climate control will be available in some of the units. Commissioner Holland asked Mr. Novell how much acreage was being used for this project. Mr. Novell explained the storage facility covered a little over seven acres. but the entire property is approximately eight acres. Commissioner Holland asked which way the water will run from the detention basin that will be located in the northwest corner. Mr. Novell said historic drainage is southwest. Ms. Dennett explained that the drainage will be designed by a licensed engineer and will have to meet all criteria with the County before the facility can be approved. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Dorothy Rasmussen. 14376 County Road 1, Longmont. Colorado, expressed her concerns of blocked views, water drainage. property values, and fast traffic. Ms. Rasmussen said she has lived on her property for 50 years. She asked the Planning Commission to consider her concerns. Ms. Rasmussen said she does not want anyone else using the easement on her property because that is for her property and the Stoke's property. Commissioner Cope asked Ms. Rasmussen if there were other businesses located to the east and northwest of her property. Ms. Rasmussen said Parker Tree Service is to the west of them and there is a landscaping building behind her property. Joseph Hanlon, 14318 County Road 1, Longmont, Colorado, expressed his concern with the potential detention pond on the applicant's property. Mr. Hanlon explained he does not want any water from their detention pond making its way onto his property through the culvert under his driveway. He said he didn't see anything in the plans about hazardous materials and the dump station. Commissioner Johnson asked Mr. Hanlon is the water flow has historically run down to his property. Mr. Hanlon said if it rains or snows enough, water does come down to his property. Commissioner Holland asked Staff if the County allows urban drainage into irrigation ditches. Ms. Balzano said no: however, staff needs to determine if it is an irrigation ditch or a drainage way. Ms. Balzano explained all of Public Work's standards will need to be met before recording the final USR map. Mr. Hanlon said he owns the easement on his property: he has the deed to prove it. He is concerned about the traffic impact, waste disposal and loss of the view from his property. Ms. Dennett stated that Mr. Hanlon's driveway easement will stay in tack; they are not proposing to change it. She said they are proposing to move some of the utilities with the utility companies. Ms. Dennett said an engineer has completed a preliminary design for the stormwater drainage and the applicant has to meet all County standards and requirements. Commissioner Stille asked if moving the utility poles would affect the neighbors. Mr. Novell said it would not. The Chair asked Mr. Novell what the applicant's plans were for the septic dump for RVs. Mr. Novell explained they will have a 3,000 -gallon tank/vault with a meter. Once it gets to a certain level, an off -site company will come to the property and pump out the tank. Mr. Novell said they will be getting a new septic system for the house. He said there will be no washing of vehicles on the property. The Chair asked Staff how they wish to modify Development Standard 26. Ms. Light recommended adding a sentence at the end of the standard that reads, "A vault permit is required." Motion: Amend Development Standard 26, as requested by Staff. Moved by Gene Stille, Seconded by Bruce Johnson. Motion carried unanimously. The Chair asked Staff how they want to amend Condition of Approval 1.F.10. Ms. Balzano recommended deleting the second sentence, "Public Works is requiring that the residential access point, located on County Road 1 approximately 1795 feet north of Highway 66 be closed and reclaimed." She said they will review the turning radii and address that with the County Commissioners. Motion: Amend Condition of Approval 1.F.10, as requested by Staff, Moved by Gene Stille. Seconded by Bruce Johnson. Motion carried unanimously. Ms. Light asked that the permit number be corrected to G19750885 in Development Standard 25 The Chair acknowledged the request and said the typographic error will be corrected. The Chair asked the applicant if they have read through the amended Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Motion: Forward Case USR19-0006 to the Board of County Commissioners along with the Conditions of amended Approval and Development Standards with the Planning Commission's recommendation of approval. Moved by Bruce Johnson, Seconded by Richard Beck. Vote: Motion carried by unanimous roll call vote (summary: Yes = 8). Yes: Bruce Johnson, Bruce Sparrow, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland. Tom Cope. Meeting adjourned at 4:37pm. 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