HomeMy WebLinkAbout20195123.tiffHEARING CERTIFICATION
DOCKET NO. 2019-138.A
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR19-0049, 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, ATVS, BOATS, CAMPERS, TRAILERS,
AND VEHICLES) 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 - NATHAN TROWBRIDGE AND GROVES
FARM, LLC
A public hearing was conducted on December 18, 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, Michael Hall
Public Works Department representative, Evan Pinkham
Health Department representative, Lauren Light
The following business was transacted:
El I hereby certify that pursuant to a notice dated October 24, 2019, and duly published
October 30, 2019, in the Greeley Tribune, a public hearing was conducted to consider the request
of Nathan Trowbridge and Groves Farm, LLC, for a Site Specific Development Plan and Use by
Special Review Permit, USR19-0049, 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,
ATVs, boats, campers, trailers, and vehicles) 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.
Michael Hall, Department of Planning Services, presented a brief summary of the proposal
and stated the facility will be located on an Amended Subdivision Exemption,
1AMSUBX19-08-1128, which was conditionally approved by Planning Staff on October 1, 2019.
He explained once the facility is approved, the applicant will be the sole owners of the USR and
indicated up to eight (8) acres of the lot will be used for the proposed storage facility; however,
the remaining six (6) acres contain the applicant's residence.
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"�. He indicated the site location and stated the facility entrance will be in the northwest corner
of the property designated as Lot D on the pending map for 1AMRE619-08-4777, owned by
Groves Farm. He stated the two (2) property owners will manage and operate the storage facility
and mentioned no additional employees are proposed. He provided the hours of operation,
explained the facility will be accessible with an electrical, keypad gate, and described the existing
and proposed vegetation to be used as visual mitigations and to act as a wind break. He outlined
the security measures and the proposed lighting and indicated ten (10) referrals were sent out
and eight (8) agencies responded without concerns. He noted the site is located within the three
(3) mile referral area of the Town of Eaton, which returned a referral response and indicated no
concern. He stated Planning Staff sent notice to five (5) surrounding property owners (SPO), three
(3) SPOs responded in opposition, and he summarized the concerns. He noted the applicant is
required to submit a Landscaping and Screening Plan, Property Maintenance Plan, and Lighting
Plan and described the requirements of each plan. He referenced the displayed map and
explained the three (3) parcels included in the site boundary will be amended into one (1) 14 -acre
parcel. He described the surrounding USRs and Zoning and in response to Chair Kirkmeyer,
Mr. Hall clarified the expansion to the current Subdivision Exemption (SE) lot and the amendment
of the lot lines of an adjacent Recorded Exemption (RE) lot. He described the parcels adjacent to
the site and reiterated the nearest residence is owned by the applicant's family members. He
described the displayed site map, showed the location of the proposed and existing screening
and in response to Commissioner Moreno, Mr. Hall indicated there are no buildings located on
the property lines. In response to Chair Kirkmeyer, Mr. Hall referenced the displayed map to show
the proposed lot lines, entered the favorable recommendation of the Planning Commission into
the record as written and displayed images of the site and surrounding views.
Evan Pinkham, Department of Public Works, provided a brief overview of the transportation
plans and requirements, reiterated access for the site is on County Road (CR) 74 and provided
the traffic counts and average speed. He stated an Improvements and a Road Maintenance
Agreement is required and he presented the drainage and grading requirements.
E Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions and stated the residence is served by an individual domestic well, which is permitted
for up to three (3) bedrooms and will not be used for the business. She indicated a screened,
portable toilet can be used and Development Standards (DS) #17-24 address Environmental
Health (EH) items.
8, Nathan Trowbridge, applicant, addressed the concern of taking agricultural land out of
production, confirmed there is no irrigation water on the property, and stated there is a "Dry Up
Covenant" on the property, which prevents water from being used on the property again. He
explained it has a grass pasture and indicated he has no intentions of using the property for
agricultural services. He described his family's history with the community and the importance of
the revenue from the proposed storage facility. He explained his relationship with the concerned
SPOs, expressed his intent to maintain the appearance of the facility, and reiterated his plans for
visual mitigation. Mr. Trowbridge indicated he is outside the Town of Eaton's growth area and
used the Weld County Code to demonstrate how his proposal meets the intent of the
Comprehensive Plan.
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Dale Trowbridge, applicant's father and Groves Farm manager, stated the farm has been in
the family since the 1930s. He indicated he is also an SPO and will be able to see the site from
his residence, therefore, he will hold the applicant accountable for the upkeep of the property. He
provided clarification on the RE and SE and in response to Chair Kirkmeyer, explained the
ownership of the adjacent lots. There was further discussion regarding the ownership of the RE
and SE, expansion of the existing lots to a five (5) lot RE, and the compliance with the Subdivision
requirements of the Weld County Code. In response to Chair Kirkmeyer, Mr. Hall clarified the SE
is a separate parcel and Mr. Choate clarified the legal procedures if the lot was created for
financial purposes and foreclosed.
In response to Chair Kirkmeyer, Mr. Hall indicated there was not currently a home on Lot D
and explained which lots have residences. Chair Kirkmeyer explained SEs typically expire when
a second home goes away; however, there is not a home on the property. Mr. Hall used the map
to indicate the locations of the existing homes and stated there were two (2) homes on the
property prior to the SE. There was additional discussion concerning the existence of the SE and
the RE and their creation and Mr. Hall stated one (1) of the lots, Lot C or the SE lot, had to move
and the applicant elected to move Lot C.
.O In response to Chair Kirkmeyer, Mr. Hall confirmed Planning staff had originally denied the
application due to incompatibility with surrounding properties and reiterated the application was
approved at the Planning Commission hearing.
IR In response to Chair Kirkmeyer, Mr. Hall reiterated the amendment to Lot C had been
conditionally approved by staff and stated the amended SE and amended RE have already been
approved. In response to Commissioner James, Mr. Hall explained the markings of the site map
and there was discussion among the Board regarding the lot boundaries, whether they would
allow the expansion of the SE, and the parts of the application the Board is considering.
E; Mr. Choate clarified the Board has the ability to overturn the decision of the conditional
approval made by the Department of Planning Services and stated if they are considering
changing the boundary of the USR, he would recommend a continuance. In response to
Commissioner James, Mr. Hall stated the RE could not go away and Commissioner James
indicated he would consider approval with an abundance of mitigation.
12 In response to Chair Kirkmeyer, Mr. Hall clarified the requirements of COA#1.B (Landscaping
and Screening Plan) and in response to Commissioner Conway, Mr. Trowbridge explained the
details of the proposed visual mitigation and confirmed he had the water needed to maintain the
landscaping. In response to Chair Kirkmeyer, Mr. Trowbridge used the displayed map to indicate
the location of the existing trees.
Commissioner James reiterated the findings of the Planning Commission, expressed concern
about visual mitigation and traffic, and requested a Landscaping and Screening Plan be submitted
to the Department of Planning Services prior to the Board considering approval. Chair Kirkmeyer
agreed with Commissioner James and suggested a continuance to allow the applicant time to
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complete a Landscaping and Screening Plan. The Board discussed visual mitigation and traffic
concerns with the applicant and Mr. Pinkham reiterated the requirement of an Improvements and
Road Maintenance Agreement.
In response to Chair Kirkmeyer, the applicant agreed to a continuance date of Monday,
December 23, 2019, at 10:00 a.m., to address the concerns of the Board and Staff and
Chair Kirkmeyer requested adding the Dark Sky Policy to the Lighting Plan.
Commissioner Conway moved to continue the request of Nathan Trowbridge and Groves
Farm, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR19-0049, 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, ATVs, boats, campers,
trailers, and vehicles) 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, to Monday December 23, 2019, at 10:00 a.m., to allow the
applicant adequate time to draft a Landscape and Screening Plan to address visual mitigation
concerns. The motion was seconded by Commissioner James, and it carried unanimously. There
being no further discussion, the hearing was completed at 12:04 p.m.
This Certification was approved on the 23rd day of December, 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ..aj;‘,A
Weld County Clerk to the Board
BY:6���fr vtl/'1
eputy Clerk to the Board
Barbara Chair
Mike Freeman, Pro-Tem
'. Conway
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