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HomeMy WebLinkAbout20191540.tiffHEARING CERTIFICATION DOCKET NO. 2019-55 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR18-0125, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE OR 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 6,000 -SQUARE -FOOT 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 PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT - HIGH PLAINS RV STORAGE AND SERVICE, LLC A public hearing was conducted on April 24, 2019, at 10:00 a.m., with the following present: Commissioner Barbara Kirkmeyer, Chair Commissioner Mike Freeman, Pro-Tem Commissioner Sean P. Conway Commissioner Scott K. James Commissioner Steve Moreno Also present: Acting Clerk to the Board, Jessica Reid Assistant County Attorney, Bob Choate Planning Services Department representative, Kim Ogle Public Works Department representative, Mike McRoberts Health Department representative, Lauren Light The following business was transacted: IR I hereby certify that pursuant to a notice dated March 13, 2019, and duly published March 20, 2019, in the Greeley Tribune, a public hearing was conducted to consider the request of High Plains RV Storage and Service, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0125, for a Use permitted as a Use by Right, Accessory Use or 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 6,000 -square -foot 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 part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter of record. IJ Kim Ogle, Department of Planning Services, presented a brief summary of the proposal noting the cities and towns in close proximity to the proposed site and stated the site is not in a subdivision, but rather Lot A of Recorded Exemption, RE -4435. He described surrounding uses and explained the applicants met with the Ranch Eggs Neighborhood Association (RENA) Board. He indicated the site is within the three (3) mile referral area of the Town of Erie, City of CL: cLlvyo1TP),awtH(Lt-) 60 119119 2019-1540 PL2663 HEARING CERTIFICATION - HIGH PLAINS RV STORAGE AND SERVICE, LLC (USR18-0125) PAGE 2 Northglenn, City and County of Broomfield, and Adams County, and noted the City of Erie expressed concerns with traffic and lack of improvements along County Road (CR) 7. He indicated 30 letters of correspondence had been received, including a letter from the adjacent neighbor to the north, not objecting to the proposed use, but listing desired stipulations, if approved. He stated the primary concerns expressed in the letters from surrounding property owners (SPOs) were traffic, excessive speed, and lack of shoulders on CR 7. Mr. Ogle noted there was also a letter of correspondence received from Dave Bower, attorney with Johnson and Repucci, LLP, representing two (2) Ranch Eggs landowners, and another letter from the RENA Board. He described the business plan, including hours of operation, types of storage, fencing, landscaping, amenities, and number of employees, and stated access to the site is through a private easement. He indicated the Department of Planning Services sent out 16 referrals and five (5) referral agencies responded. He entered the favorable recommendation of the Planning Commission (PC) into the record as written, and noted the PC believed the concerns expressed by SPOs, referral agencies, and the RENA Board can be mitigated. He noted they received a petition of opposition submitted by the RENA Board on behalf of the residents, and a letter from the Farmers Reservoir and Irrigation Company (FRICO). He displayed images of site and surrounding properties, and in response to Commissioner Conway, Mr. Ogle indicated an agreement had not yet been reached with FRICO. a. Mike McRoberts, Department of Public Works, provided a brief,overview of the transportation plans and requirements, and stated access to the proposed site is on a private, shared road that accesses onto CR 7, he provided daily roundtrip counts and average speeds, and indicated there could be up to 300 renters at full occupancy of the proposed site. He noted the Department of Public Works (PW) would require an Improvements Agreement (IA) with triggers for possible off - site public improvements and road maintenance and presented the drainage and grading requirements. Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions, and stated the Left Hand Water District will provide water to the property, and a commercial septic would be installed. She explained that due to the phasing of the project a Development Standard (DS) was added that will allow for portable toilets as long as they are screened from public view. She added there will be no washing or fuel storage onsite, there will be on -site maintenance, and a DS was added to address the floor drain waste being included in a separate vault. She indicated a permit will be required from the Department of Public and Environmental Health (EH) once the Recreational Vehicle (RV) dump is installed, the site would have a commercial noise limit, and DS #14-25 address EH items. In response to Commissioner Conway, Ms. Light clarified DS #23 (portable toilets). 12: Kristie Oenes, applicant, shared a PowerPoint presentation, displayed and described images of the site and its boundaries, surrounding properties, and explained there will be 279 parking spaces total, including open parking, covered parking, and enclosed garages. She stated there will be a fence around the perimeter, secured entrances, two (2) dump stations, and an air and water station. She described the proposed landscaping, mentioned there would be a water tank for fire suppression, two (2) fire hydrants, and a 6,000 -square -foot building with an office and a shop for service of RVs. She addressed SPO concerns and indicated they had received a letter from Mountain View Fire District stating the access and water supply meet the requirements of the Fire Department, and they have no objection to the proposed use. She described the sprinkler 2019-1540 PL2663 HEARING CERTIFICATION - HIGH PLAINS RV STORAGE AND SERVICE, LLC (USR18-0125) PAGE 3 system in the building and the water tap, and referenced a letter from the Left Hand Water District stating they can provide metered potable water service to the property, pending Board approval, and she read the stipulations of the water service. Daniel Oenes, applicant, described the detention pond and explained the measures they will take to address SPO concerns about water contamination from the detention pond. He mentioned they had submitted a Drainage Report to the Department of Planning Services and addressed the flooding concerns. He stated the parking between the fence and detention pond would only be for big trailers so the line of sight will not be impacted, and reiterated the fence would be an eight (8) foot fence on top of an 18 -inch berm. IR Mrs. Oenes addressed concerns about contamination from petrochemicals and explained all vehicles will be inspected for leaks, any leaks will have to be repaired within 60 days, and a drip pan will be provided by the applicants until the leaks are fixed. She provided details about phasing, stating phase one (1) would be everything except the 6,000 -square -foot building, enclosed garages, and paved access road. She stated all lighting will be downward and displayed images of the proposed lighting and fence, a line of sight drawing, and a sketch of the shop/office building. She provided hours of operation, the number of employees onsite, and the reasoning for the site location. She addressed traffic concerns and stated RV use is seasonal, so the majority of the site traffic will occur in April -September, provided an estimate for the site -related traffic, and described surrounding uses. Mr. Oenes addressed the noise pollution concern brought up in the opposition letters. He reiterated there will be no heavy machinery, 18 -wheelers, commercial vehicles, or derelict vehicles. He referenced a conversation with Eve Cravin from FRICO, which implied FRICO will support the route of the ditch water to alleviate concerns of cross contamination of storm and ditch waters. He stated they (the applicants) will work with engineers on the size and type of pipe, the slope, and the routing across their property to go under CR 7. 2 In response to Commissioner Moreno, Mrs. Oenes indicated there will be 210 open parking spaces, and explained the height and type of material of the fence. In response to Commissioner James, Mr. and Mrs. Oenes reiterated the phasing plan and stated 100 rented spaces will trigger the construction of the 6,000 -square -foot shop/office building and confirmed the portable toilets will be screened. In response to Commissioner Conway, the applicants outlined their business plan and described the preliminary research they did on the proposed use, and Mr. Ogle stated USR15-0045, for an RV storage facility on an adjacent lot, had not been developed due to a lawsuit that was recently resolved. In response to Chair Kirkmeyer, Mr. Ogle read the regulations on RV storage facilities in the City of Broomfield and the Town of Erie. El Sherri Struble, SPO and President of RENA, expressed concern about the proposed USR and stated the aerial pictures displayed previously are not consistent with what is seen from the ground level. She indicated the use is not compatible with the A (Agricultural) Zone District and described the challenges of rehabilitating the site if it were to become derelict. In response to Commissioner James, Ms. Struble explained a "neighborhood association", and she deferred 2019-1540 PL2663 HEARING CERTIFICATION - HIGH PLAINS RV STORAGE AND SERVICE, LLC (USR18-0125) PAGE 4 Commissioner Conway's question of which properties are in the Town of Erie, versus the Ranch Eggs neighborhood, to another speaker. ' Sandy Barnett, SPO, stated she is opposed to the proposed use due to incompatibility, noting the surrounding properties are small farms and ranchettes. She mentioned she had lived there for 50 years, was troubled by the applicants' lack of planning, and had concerns of polluted runoff water and light pollution. 12 Debora Lynch, SPO, indicated most properties in Ranch Eggs are approximately five (5) acres, multi-generationally owned, with agricultural uses. She noted several properties are currently being renovated, described the open site line fencing in the neighborhood, and stated the proposed use is not consistent with existing uses. a Mike Schweitzer, SPO, referenced Weld County Code, Section 23-2-230.B.3-4, and B.7, stating the proposed use is not compatible with surrounding uses, and noted the applicant will not be living onsite. He mentioned he is concerned about adequate water in case of a fire, and the commercial noise level. He described the surrounding uses, and in response to Commissioner James, stated USR15-0045 (an RV storage facility), is a part of the Ranch Eggs neighborhood, but is at the end of a dead-end road. In response to Commissioner Conway, he confirmed the SPOs in Ranch Eggs did request a residential noise level at the PC hearing. Ed Koscrok, SPO, provided the history on the property, and mentioned he is in the insurance and risk management line of work. He stated his concerns were traffic, risk of fire, limited amount of water, and the risk for first responders. He appreciated the applicants' business plan, but stated the proposed use is not compatible. In response to Commissioner Conway, Mr. Koscrok stated the facilities to the northwest of the proposed site are in Ranch Eggs. CR Ashleigh Merritt, SPO, explained she circulated a petition of opposition which is signed by 100 residents in Ranch Eggs. She stated the proposed use is not consistent with the theme of neighborhood, and displayed images of surrounding RV storage facilities, none of which are in a residential neighborhood. E Ms. Struble indicated on a displayed map where the city limits are in relation to the Ranch Eggs neighborhood. In response to Commissioner Conway, she described the boundaries of the Ranch Eggs neighborhood to the west and north. 2. Chair Kirkmeyer recessed the hearing until 1:30 p.m. The hearing was reconvened at 1:31 p.m. ra Jamie Merritt, SPO, stated he is strongly opposed, described where he lives, indicated the applicants intend to bring fill dirt to the proposed site, and expressed he is concerned about contaminated dirt. He described the history of flooding in the area, displayed a video of flooding, and showed where the culvert is. He noted Xcel Energy's gas line runs parallel with CR 7 and mentioned he believed the proposed site should have a commercial water tap. 2019-1.540 PL2663 HEARING CERTIFICATION - HIGH PLAINS RV STORAGE AND SERVICE, LLC (USR18-0125) PAGE 5 2 Bradley Howe, SPO, stated the proposed site is in the direct line of site of his property. He outlined his plans for a luxury home on his property, but indicated he has halted his plans pending the outcome of the USR hearing. He expressed concerns about lighting at the facility, decreased property values, traffic, safety, and increased risk of theft, and concluded by reiterating he is strongly opposed to the proposed facility. ▪ Natalie Ottobrina, SPO, expressed she is strongly opposed to the proposed facility, referred to the neighborhood as a "rural oasis", and noted the Weld County Code needs to change to prevent the allowance of an industrial business in a residential neighborhood. • Sean Davies, SPO, explained he and his wife run Spirit Horse Ranch in the Ranch Eggs neighborhood. He stated he is concerned about flooding and fire on the property, quality of life, danger to life, and lack of water on the property. He reiterated the neighborhood is a rural, agricultural community and noted the applicants did not introduce themselves until after the property was purchased and plans for the RV park were underway. . Michelle Arrick, SPO, noted her property is south of the proposed facility, and cited the proposed use is not consistent with the Weld County Right to Farm Statement. D= Sandy Rice, SPO, stated she lives at the end of the private road, and mentioned it is a small road with infrastructure problems. She described the traffic at several accesses out of the neighborhood, explained the use of the private road to access the RV facility would cause a problem, and read Weld County's Mission Statement. In response to Commissioner Conway, Mr. Ogle confirmed the proposed access is off of a private road, and the homeowners adjacent to the road own it. Mr. Choate clarified the logistics of the private road in relation to the proposed site and noted the Board has the authority to require a road agreement between the applicants and other property owners along the road. . Robert Graeber, SPO, expressed his main concern is lower property values, mentioned the access road is a dirt, farm road so, there is not room for two vehicles to pass one another, and stated there is a floodplain east of the proposed site. In response to Commissioner Conway, Mr. Graeber confirmed he had seen the proposed site flood several times. aDave Bower, attorney with Johnson and Repucci, LLP, represented the Merrits and Sandy Barnett. He provided a PowerPoint presentation and displayed the Weld County standards for a USR, the Weld County Comprehensive Plan, and cited Weld County Code Section 22-2-20 (Agricultural Goals and Policies), Section 22-2-80 (Industrial development Goals and Policies), Zoning Code Ordinance 2019-02, and provided the definition of outdoor storage after zoning changes. He referenced a similar application, USR17-0016, that was denied by the Board, and provided the reasons why the denial was upheld in court. Chris Raimo, SPO, stated she had lived in the neighborhood for 17 years, had done many renovations to her property and recently built her dream home. She explained her bedroom balcony faces the proposed site that is currently pasture, she reiterated the neighborhood was 2019-1540 PL2663 HEARING CERTIFICATION - HIGH PLAINS RV STORAGE AND SERVICE, LLC (USR18-0125) PAGE 6 created as a rural, residential, agricultural community, and stated the proposed use is not compatible. In response to Commissioner James, Mr. Ogle explained how the Department of Planning Services staff defines "compatibility". In response to SPO concerns, Mr. and Mrs. Oenes reiterated the commercial noise is confined to the shop area and will not be louder than farming equipment, so they believe they will meet the residential noise limit. She stated they have an approved fire plan, a commercial water tap approved by the Left Hand Water District, they provided a drainage report to addresses flooding, they have mitigation measures in place to avoid ground contamination of petrochemicals, the lighting will be downward and shadowed, and she stated the RVs using the access road will not pass any other property. She cited Weld County Code Sections 22-2-10 and 23-3-10, described the surrounding uses in the Ranch Eggs community and indicated there is a proposed development on CR 7 and Erie Parkway, stating CR 7 will have to expand if the area does develop. Lastly, the applicants displayed an image that showed surrounding RV facilities. a In response to Commissioner James, Mr. Ogle confirmed the site has a proposed noise limit of commercial, and the applicants indicated they did not do a noise study because there would be no commercial vehicles onsite. ' Chair Kirkmeyer stated she is not in support of the application, as the applicant had not met the burden of proof. She explained the proposal is not consistent with the Weld County Code, specifically Section 22-2-10.B, as the use does not relate to the intent of agriculture, Section 22-2-20.A (A.Goal 1), as the use does not enhance the economic health or sustainability of agriculture, and Section 22-2-20.8 (A.Goal 2 and A.Policy 2.2) as the use is not an agricultural business and does not relate to agriculture in any way. She also cited Section 22-2-20.C (A.Goal 3), as the use is inconsistent with the referral from FRICO and does not protect the water rights of shareholders. She also cited Section 22-2-20.H.3 (A.Goal 8.3) because the roadway facilities are not adequate in width or structural capacity, Section 22-2-20.D (A.Goal 4) because the use would be unsightly and would not be a low impact use, and Section 22-6-20.C.1 (ECON.Policy 3.1) and stated the rights of the property owners that already live in the community need to be upheld. She explained the proposed use is not consistent with the intent of the A (Agricultural) Zone District and is not compatible with future or existing land uses. She stated portable toilets are not compatible in residential or agricultural areas and mentioned RV storage is not allowed in residential areas. She indicated concerns with the site access being impassable, the noise level being commercial, no landscaping plan, the drainage issue with FRICO, and limited traffic and law enforcement in the area. Chair Pro-Tem Freeman agreed with some of Chair Kirkmeyer's statements; however, he indicated he believed the use met the Agricultural Goal, with the exception of compatibility, therefore, he is not in support of the application. Commissioner Conway explained compatibility was the main issue, and cited Section 22-2-20.C (A.Goal 3), Section 23-2-230.6.2, and Section 23-2-230.B.6-7 stating the proposed use is not consistent with surrounding uses. He also cited the letter from FRICO as a concern. 2019-1540 PL2663 HEARING CERTIFICATION - HIGH PLAINS RV STORAGE AND SERVICE, LLC (USR18-0125) PAGE 7 Commissioner Moreno listed lack of compatibility and access as reasons he is not in support of the application. -" = Commissioner James stated he is not in intent of the A (Agricultural) Zone District. He level, especially since the applicants did not noise emittance. support of the application, citing it does not meet the also noted he is concerned about the potential noise do a noise study to substantiate their claim of a low Commissioner Conway moved to deny the request of High Plains RV Storage and Service, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0125, for a Use permitted as a Use by Right, Accessory Use or 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 6,000 -square -foot 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 part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, based on the findings mentioned above. The motion was seconded by Commissioner James, and it carried unanimously. There being no further discussion, the hearing was completed at 3:01 p.m. This Certification was approved on the 29th day of April, 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: C/O ',%ok EXCUSED DATE OF APPROVAL Barbara Kirkmeyer, Chair Weld County Clerk to the Board BY: (�A QOIA Deputy Clerk to the Board APP ounty A orney Date of signature: CA f ll IF) of Mike Freeman, Pro-Tem onwa K. James a 2019-1540 PL2663 ATTENDANCE LIST Agflu(20fq .. NAME PLEASE PRINT LEGIBLY ,ADDRESS (CITY, STATE ZIP) '.`. EMAIL _;,' COUNTY OF . ,RESIDENCE ,,SPEAKING SPEAK (Y/N)? _• �urr�7 3't( St.� f- b�. Lit 1,t'/e +� rgt;;�Ze 44 eawa , 600-7 Lk -ice d tc ()flobr�a 3a99 U� eti- o, nt1' o4r/� / a. 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