HomeMy WebLinkAbout20193474.tiffHEARING CERTIFICATION
DOCKET NO. 2019-93
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR19-0030, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(OUTDOOR STORAGE OF RVS, BOATS, TRACTOR TRAILERS, PERSONAL
VEHICLES AND EQUIPMENT, INDOOR STORAGE AND UP TO 600 CARGO
CONTAINERS TO BE USED FOR PERSONAL STORAGE) 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 —
RONALD AND DIANE BAKEL
A public hearing was conducted on August 7, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem - EXCUSED
Commissioner Sean P. Conway
Commissioner Scott K. James
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Selena Baltierra
Assistant County Attorney, Bob Choate
Planning Services Department representative, Chris Gathman
Public Works Department representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
le I hereby certify that pursuant to a notice dated June 25, 2019, and duly published June 28,
2019, in the Greeley Tribune, a public hearing was conducted to consider the request of Ronald
and Diane Bakel, for a Site Specific Development Plan and Use by Special Review Permit,
USR19-0030, for any Use permitted as a Use by Right, Accessory Use or Use by Special Review
in the Commercial or Industrial Zone Districts (outdoor storage of RVs, boats, tractor trailers,
personal vehicles and equipment, indoor storage and up to 600 cargo containers to be used for
personal storage) 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, including a requested waiver from the Weld County sign
requirements delineated in Chapter 23 of the Weld County Code, to allow two (2) 15 square -foot
temporary signs, two (2) 18 square -foot permanent free-standing signs, and two (2) permanent
32 square -foot building signs. Bob Choate, Assistant County Attorney, made this a matter of
record.
lEi Chair Kirkmeyer reviewed for the applicant and the public, the procedures to follow should
this case result in a tie vote due to four (4) Commissioners being present and Commissioner
Freeman excused.
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Chris Gathman, Department of Planning Services, presented a brief summary of the proposal
and stated the applicant was originally proposing two (2) accesses. He explained there are two (2)
County Road (CR) rights -of -way (ROW) along the section line for CR 7, and mentioned the
applicant is now proposing only one (1) access point along the east, CR 7 alignment. He indicated
the site will be accessible by gate 24 hours a day, seven (7) days a week, and stated there are
no outside employees proposed. He noted the pre -application was reviewed in October 2018,
and the USR application was submitted in April 2019, prior to the Code change in July 2019. He
explained the notice process included all residences within 500 feet of the proposed property,
including residences in Larimer County, and mentioned the proposed use will be on land primarily
designated as non -prime. He provided the adjacent CRs, State Highway, and Interstate 25 (1-25),
and briefly mentioned the required Landscaping and Screening Plan. He indicated a letter of
opposition was received from the adjacent dairy facility, which included concerns about a shared
access, biosecurity and traffic. He stated the applicant was requesting a waiver for the sign
requirements and reviewed the proposed signage and recommendation by Planning Staff. He
indicated the site is located within the three (3) mile referral areas of the Towns of Berthoud and
Johnstown, and reviewed the Town of Johnstown's referral response, which requested screening
from public ROW. Mr. Gathman entered the favorable recommendation of the Planning
Commission into the record as written, and explained 13 referrals were sent out, and five (5)
referral agencies responded. He mentioned DS #5-7 are standards required of past storage
facilities, stated DS #8 required signage and presented images of the site and surrounding views.
He referenced the displayed images to explain the proposed screening and indicated the
applicant owns additional property adjacent to the proposed site.
Ei In response to Commissioner Moreno, Mr. Gathman explained the aforementioned shared
access with the dairy farm is actually County ROW that has not been vacated, and Ms. Balzano
confirmed it is a 60 -foot, unmaintained section line ROW. In response to Commissioner Moreno
and Chair Kirkmeyer, Mr. Gathman provided the location of the ROW and the dairy access.
e Hayley Balzano, Department of Public Works, provided a brief overview of the transportation
plans and requirements, and reiterated the applicant was originally requesting two (2) accesses;
however, the applicant, at the Planning Commission (PC) hearing, agreed to solely use the
unmaintained ROW as their access. She mentioned there will be changes to the Conditions of
Approval and Development Standards, per the change to the access, and stated the traffic
narrative indicated there will be two (2) daily roundtrips. She presented the drainage and grading
requirements, and in response to Commissioner James regarding the correlation between the
daily roundtrips and the 600 conex containers, Ms. Balzano confirmed the information was
provided in the traffic narrative and stated there is not a requirement for a Traffic Impact Study for
storage units.
Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, and stated portable toilets can be used in accordance with Environmental Health (EH)
policy. She noted screening from adjacent properties had been included in the DS, and DS #11-19
address EH items.
Robert Molloy, Planscapes, represented the applicant and provided a PowerPoint
presentation (Exhibit D) with images of the site. He explained the images, traffic flow, access
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locations, and the exterior appearance of the proposed storage units. In response to
Commissioner James regarding the traffic expectations, Mr. Molloy explained the anticipated
traffic expectations are from personal observation and not a formal survey. re After additional
discussion regarding the traffic predictions, Kevin Bakel, applicant, explained the site is designed
to allow for various types of storage and stated the roundtrips were originally based on three (3)
site visits, per tenant, per year, averaged throughout the year. He indicated he had spoke with
owners of similar facilities, who supported his traffic prediction. He expressed willingness to
modify the estimate, and provided his knowledge of the traffic in the area. In response to
Commissioner Conway, Mr. Bakel explained their target market is the storage of recreational
vehicles (RV); however, the conex containers were included in the application description to allow
for other opportunities. The Board and staff computed the number of roundtrips with the numbers
presented, which averaged to approximately 2 roundtrips per day, as previously mentioned.
el Tom Haren, AGPROfessionals, represented the adjacent M & J Dairy, and stated the dairy
is not in opposition of the use. He expressed an understanding that the dairy will not share their
access, and used the displayed image to describe the dairy site layout, including the accesses
and residences. He requested the Board reevaluate the proposed access and suggested the
applicant use CR 7 to access the proposed site. In response to Commissioner Conway, Mr. Haren
clarified his request to the Board regarding the access. In response to Commissioner James,
Ms. Balzano explained the ROW is not maintained by the County, and addressed the safety
concerns with the use of CR 7. She further explained there would likely need to be an evaluation
of the access by a traffic engineer concerning the site distance.
e Mr. Molloy expressed the applicants' willingness to eliminate the conex containers from the
application and to discuss alternative access options. In response to Chair Kirkmeyer, Mr. Molloy
estimated there would be 250 parking spaces, and attempted to define "equipment" as stated in
the application. Additionally, Mr. Molloy confirmed there had not been a traffic study done
concerning the parking spaces identified. In response to Commissioner James, there was
discussion regarding the site layout for the use of outdoor storage or conex containers, the
number of parking spaces was corrected to 650, and Chair Kirkmeyer clarified if there are no
conex containers, there will be 650 spaces for RV parking/storage.
El Commissioner Conway, expressed he was not comfortable without all of the data, and
proposed continuing the case with specific direction to the applicant. Commissioner James
agreed with Commissioner Conway's comments, stated he was unsure the application met the
intent of the A (Agricultural) Zone District and indicated he was not in favor of the use at this
location. He expressed there would need to be significant screening and modifications to the
request, and agreed to a continuance. Commissioner Moreno agreed with the comments of his
fellow Commissioners, indicated there was a lot of unknowns within the application, stated the
request is unclear and mentioned he would be okay with a continuance. Chair Kirkmeyer indicated
she was not in support of a continuance and inferred the comments of the Board to equate to an
incomplete application. She explained the application would require a Substantial Change and
expressed she was in support of a denial. She explained the hearing is not a negotiation, and
stated there was an opportunity for the applicant to improve the application prior to the hearing.
She agreed with Commissioner James regarding the incompatibility with the surrounding land
uses, and made the following findings: the site is not consistent with the Comprehensive Land
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Use plan, specifically cited Section 22-2-20.A (A.Goal 1), Section 22-2-20.8 (A.Goal 2), Section
22-2-20.D (A.Goal 4), Section 22-2-20.1 (A.Goal 9), Section 22-2-40 (UD.Goal 1); the proposed
use does not protect the surrounding areas within the A (Agricultural) Zone from adverse impacts,
does not promote agriculture, and proposes an unsafe access location. She indicated she could
not find compliance with the previous citations in the Code, and expressed she was not in support
of a continuance due to the substantial changes to the application that would have to occur.
El Commissioner James agreed with Chair Kirkmeyer's comments and in response to
Commissioner James concerning the denial impacts for the applicant, Chair Kirkmeyer explained
the process if the applicant can prove a Substantial Change. Commissioner Conway mentioned
the application could be sent back to PC, stated the application was approved at PC on a seven
(7) to one (1) vote, and requested moving forward to work out the issues mentioned by the
applicant and the public at the hearing. There was additional discussion regarding the denial and
substantial change to the application, and Chair Kirkmeyer reiterated her statement that deleting
600 cargo containers from the application is considered a substantial change.
El Commissioner James moved to deny the request of Ronald and Diane Bakel for a Site
Specific Development Plan and Use by Special Review Permit, USR19-0030, for any Use
permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial or
Industrial Zone Districts (outdoor storage of RVs, boats, tractor trailers, personal vehicles and
equipment, indoor storage and up to 600 cargo containers to be used for personal storage)
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. The motion was seconded by Commissioner Moreno, and Chair Kirkmeyer
reiterated the request is not consistent with Chapter 22, specifically Section 22-2-20.A (A.Goal 1)
with concerns from the diary facility about biosecurity, Section 22-2-20.B (A.Goal 2.1 and 2.2),
Section 22-2-20.D (A.Goal 4) stating the site is unsightly, Section 22-2-20.1 (A.Goal 9), and
Section 22-2-40 (UD.Goal 1) and reminded the Board the site is within the three (3) mile referral
area of a municipality. She reiterated the site is not consistent with the intent of the A (Agricultural)
Zone District, and is not compatible with the existing or future surrounding land uses. In response
to Commissioner Conway, Mr. Choate explained if the applicant were to reapply, it would require
a zoning change due to Code changes. Commissioner Conway stated there was not a referral
response from the Town of Johnstown, who did not submit a letter of opposition. There being no
further discussion, the motion passed on a 3-1 vote, with Commissioner Conway in opposition.
The hearing was completed at 11:34 a.m.
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This Certification was approved on the 12th day of August, 2019.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COL ADO
ATTEST: datiL Jeit4;lk
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
l<
arbara Kirkmeyer, C
A
hair
Mike Freeman, Pro -Tern
Steve Moreno
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