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Home My WebLink About20191923.tiffBEFORE THE WELD COUNTY, COLORADO. PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Tom Cope, that the following resolution be introduced for denial 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 USR19-0007 KEVIN & DEANNA DOGHERTY 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, (OUTDOOR STORAGE OF RVS. BOATS, MOTORHOMES, AND 5TH WHEEL TRAILERS) 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. PART SE4 SECTION 33, T1N. R65W OF THE 6TH P.M., WELD COUNTY. COLORADO. NORTH OF AND ADJACENT TO CR 2; APPROXIMATELY 1 MILE WEST OF CR 45. be recommended unfavorably 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 not 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 not consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-20.8 - A. Policy 2.2 states. "Allow commercial and industrial uses. which are directly related to or dependent upon agriculture, to locate within agricultural areas when the impact to surrounding properties is minimal or mitigated and where adequate services and infrastructure are currently available or reasonably obtainable.... " The applicant is proposing a commercial use for the Agricultural Zoned property to provide a RV and boat storage and non-commercial trailer storage. The property has historically been utilized as a rural residence with dryland agricultural uses consisting of pasture grasses. This tract of land is surrounded by rural residential properties on moderate to large tracts of land, many with moderate to higher end residences, agricultural outbuildings, some properties also are utilized for dryland agriculture. The Weld County Department of Planning Services sent notice to nine (9) Surrounding Property Owners. Planning staff received two (2) letters of concern/opposition from property owners who live within 500 feet of the proposed development parcel. The letters listed several common concerns/issues: • • • • • • The business is not an agricultural related use; Impacts on property values, including re -sale opportunities: A potential eyesore: Increased traffic on area roads and traffic impacts; Traffic safety — the potential for staging on CR 2 from vehicles waiting to enter the facility; Not compliant with current land uses and future expectations. These uses as defined in the request are not supported by the Weld County Comprehensive Plan and the uses as requested are not directly related to or dependent upon agriculture. and may impact the surrounding neighborhood and adjacent rural residential properties through an increase in area traffic and new turning movements into and out of the property; on -site lighting that will produce ambient and RESOLUTION USR19-0007 KEVIN AND DEANNA DOUGHERTY PAGE 2 possibly transient light onto adjacent property and public rights -of -way and will reduce the dark sky enjoyed by adjacent property owners; and the potential for new neighborhood security issues as the facility is open 24 -hours a day seven days a week. B. 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 Lochbuie and Adams County. The Town of Lochbuie states in their electronic mail referral dated February 15, 2010 " ... requested a traffic report, identifying traffic types, volumes and route of travel. The 1-76 and Baseline Road interchange is experiencing traffic backups, especially on the east bound off -ramp." Adams County did not return a referral response. The Town of Lochbuie in their 2018 Comprehensive Plan Future Land Use map designates the lands east of County Road 41 and north of East 168th Avenue (County Road 2) as Single Family Residential with no commercial or mixed -use development. This designation allows for conventional single-family residential neighborhoods developed in areas that provide a sense of both individual identity neighborhood cohesion in a more compact arrangement than rural residential. Allowed uses within this designation include single-family attached dwellings, single-family detached dwellings, accessory secondary dwelling units and public, quasi -public uses, e.g., parks, schools and churches. 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. Should the Board of County Commissioners approve the proposal, the Planning Commission recommends the following conditions: 1. Prior to recording the USR R map: A. The applicant shall provide written evidence that the Division of Water Resources Well permit number 53138 is plugged and abandoned. The applicant must submit a Well Abandonment Report (Form GWS-9) to the State Engineer's Office to affirm that the old well plugged and abandoned. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. (Department of Planning Services) B. A Road Maintenance Agreement is required at this location. Road maintenance includes, but is not limited to, damage repair to specified haul routes. (Department of Public Works) C. 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) D. A Lighting Plan, including cut sheets of the intended lights, shall be provided to the Department of Planning Services for review and approval. The lighting plan shall adhere to the lighting requirements for off-street parking spaces per Section 23-4-30.E of the Weld County Code and shall adhere to the lighting standards, in accordance with Section 23-3-360.F and Section 23-2-250.D of the Weld County Code. Further, the approved Lighting Plan shall be delineated on the plat. (Department of Planning Services) E. The applicant shall submit a screening plan for review and approval by the Department of Planning Services. In addition to the screening provided adjacent to County Road 2, the screening plan shall address screening from residential properties to the south, north and east of the proposed use. (Department of Planning Services) F. The applicant shall submit a sign plan for review and approval by the Department of Planning Services. All signs shall adhere to Chapter23, Article IV, Division 2 and Appendices 23-C, 23-D and RESOLUTION USR1 g-0007 KEVIN AND DEANNA DOUGHERTY PAGE 3 23-E of the Weld County Code. (Department of Planning Services) G. The applicant shall submit a parking layout plan in accordance with Chapter 23, Appendix 23-A of the Weld County Code for review and approval by the Department of Planning Services. (Department of Planning Services) H. The USR map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR19-0007 (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 trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. (Department of Planning Services) 5. The map shall delineate the landscaping and/or screening as approved by the Department of Planning Services. (Department of Planning Services) 6. The map shall delineate the lighting per Section 23-4-30.E of the Weld County Code and shall adhere to the lighting standards, in accordance with Section 23-3-360.F and Section 23-2-250.D 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 show the parking layout spaces and internal travel lanes in accordance with Appendix 23-A of the Weld County Code. 9. County Road 2 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. County Road 43 Section Line is shown to have 0 feet of unmaintained section line right-of-way per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-way on the site plan. Show and label the section line Right -of -Way as "CR 43 Section Line Right -Of -Way, not County maintained." All setbacks shall be measured from the edge of right-of-way. (Department of Public Works) 11. Show and label the approved access locations, approved access width and the appropriate turning radii (60') on the site plan. The applicant must obtain an access permit in the approved location(s) prior to construction. (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) 13. Show and label a 30 -foot minimum access and utility easement to provide legal access to the parcel on the site plan, if applicable. (Department of Public Works) RESOLUTION USR19-0007 KEVIN AND DEANNA DOUGHERTY PAGE 4 14. 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) 15. Show and label the drainage flow arrows. (Department of Public Works) 16. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works) 17. The map shall delineate the parking area for customers and/or employees for the facility. (Department of Planning Services) 18. Show and label all existing oil and gas wellsand tank batteriesincluding setbacks. (Department of Planning Services) 19. 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 USR map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the USR map the applicant shall submit a Mylar USR map along with all other documentation required as Conditions of Approval. The Mylar USR map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The USR map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar USR 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 USR 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 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 the release of Building Permits: A. The application shall provide the letter of notification from the Hudson Fire Rescue District prior to any new construction. (Department of Building Inspection) 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. 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 RESOLUTION USR1 g-0007 KEVIN AND DEANNA DOUGHERTY PAGE 5 Services) Motion seconded by Skip Holland. VOTE: For Passage Against Passage Bruce Johnson Bruce Sparrow Tom Cope Gene Stille Lonnie Ford Skip Holland Abstain Michael Wailes Richard Beck 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 7th of May, 2019 4Ykchd& cp° WcM- Michelle Wall Secretary RESOLUTION USR19-0007 KEVIN AND DEANNA DOUGHERTY PAGE 6 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Kevin and Deanne Dougherty USRrI 9-0007 1. A Site Specific Development Plan and Use by Special Review Permit, USR19-0007, 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, (outdoor storage of RVs, boats, motorhomes, and fifth wheel trailers) 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 of the outdoor RV parking area are 24 -hours a day seven (7) days a week, as stated by the applicant. (Department of Planning Services) 4. The number of on -site employees shall be two (2). (Department of Planning Services) 5. The RV parking and storage component is unmanned with access by keypad, as stated by the applicant. (Department of Planning Services) 6. No derelict vehicles, as defined in Section 23-1-90 of the Weld County Code shall be stored on site. (Department of Planning Services) 7. All vehicles located within the RV storage area must be operational with current license plates and tags. (Department of Planning Services) 8. There shall be no outside storage of industrial and/or commercial vehicles, equipment or materials. (Department of Planning Services) 9. No hazardous materials shall be stored on the property. (Department of Planning Services) 10. The parking area on the site shall be maintained. (Department of Planning Services) 11. 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) 12. The landscaping/screening on the site shall be maintained in accordance with the approved Landscape and Screening Plan. (Department of Planning Services) 13. Sources of light shall be shielded so that beams or rays of light 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) 14. 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) 15. 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) RESOLUTION USR19-0007 KEVIN AND DEANNA DOUGHERTY PAGE 7 16. 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) 17. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 18. 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) 19. The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement. (Department of Public Works) 20. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. (Department of Public Works) 21. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 22. Weld County is not responsible for the maintenance of Onsite drainage related features. (Department of Public Works) 23. 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) 24. 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) 25. 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) 26. 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) 27. The 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) 28. 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) 29. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The existing well (permit 53138) cannot be used for the business unless it is re -permitted to allow commercial use. Department of Public Health and Environment) 30. Adequate 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 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, contain hand sanitizers and be screened from public view. Department of Public Health and Environment) 31. 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) RESOLUTION USR19-0007 KEVIN AND DEANNA DOUGHERTY PAGE 8 32. 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. (Department of Building Inspection) 33. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 34. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property with 24 -hour notice to the property owner/operator 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. 35. 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. 36. 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. 37. 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. 38. 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. 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, RESOLUTION USRI 9-0007 KEVIN AND DEANNA DOUGHERTY PAGE 9 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. Pc. tal\mktke5 D516 -r (20►R 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 USR 19-0007 KEVIN & DEANNA DOGHERTY 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. (OUTDOOR STORAGE OF RVS, BOATS, MOTORHOMES, AND 5TH WHEEL TRAILERS) 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. PART SE4 SECTION 33. TIN. R65W OF THE 6TH P.M., WELD COUNTY. COLORADO. NORTH OF AND ADJACENT TO CR 2; APPROXIMATELY 1 MILE WEST OF CR 45. Diana Aungst, Planning Services. presented Case USR19-0007, reading the recommendation and comments into the record. Planning Staff received 2 letters of concern/opposition from property owners who live within 500 feet of the proposed development parcel. The common concerns are impact on property values, potential eyesore, increased traffic on area road and traffic impacts, traffic safety and not compliant with current land uses. One letter of support was also submitted. The Department of Planning Services recommends denial of this application. Commissioner Cope asked where the USR for the 4-H facility was located. Staff said it is on the other side of the adjacent driveway to the west. Commissioner Wailes asked if staffs recommendation for denial is impacted by Lochbuie's IGA. Staff said Weld County does not have an IGA with the Town of Lochbuie. Commissioner Holland asked if there was a site plan showing the applicant's proposal. Staff explained it is a rectangular lot and RVs will be parked on a gravel surface. A USR map is included in the application. Mike McRoberts, Public Works. reported on the existing traffic. access to the site and drainage conditions for the site. Lauren Light, Environmental Health. reviewed the public water and sanitary sewer requirements. on -site dust control, and the Waste Handling Plan. Kevin and Deanna Dogherty, 20995 County Road 2, Brighton, Colorado. Ms. Dogherty said they are raising their granddaughter in a country environment but feel with all the surrounding growth in the area. there is a need for RV parking. She said they currently have 2 RVs parked on their property. Ms. Dogherty feels the traffic on County Road 2 would not be impacted. She said there are other USRs in their area and feels RV parking would be compatible with the neighborhood. Ms. Dogherty said they spoke with the neighbor whose view would be directly affected by the RV parking and they have submitted a letter of support from that neighbor. Ms. Dogherty said they do not want an eyesore on their property; they have worked hard to dean up the property since they have owned it. Commissioner Cope asked if there was a sufficient distance from the proposed site entrance to the traffic coming from over the hill to the east. The applicants said there was. Commissioner Cope asked if the applicant planned to have fencing around the proposed RV parking. Mr. Dogherty answered yes. Commissioner Cope asked if there will be a security keyed gate. Mr. Dogherty said there will be a keyed gate The Chair asked if there was anyone in the audience who wished to speak for or against this application. Mark and Jami Longhurst, 27550 East 168th Avenue, Brighton, Colorado. Mr. Longhurst said they live directly south of the applicant's property. He said the facility will intrude on their views, be an eyesore and decrease property value. He is concerned about neighborhood security, additional traffic, and road safety. Mr. Longhurst said an RV facility is not compatible in a residential area. Ms. Longhurst is upset that the facility will clutter their neighborhood with outdoor toys. She said she will get a petition signed by neighbors, if needed. Ms. Longhurst suggested if this facility is approved, provisions such as having a 150 ft setback from County Road 2 and installing a privacy fence around the entire property should be made. Commissioner Wailes asked the applicant to explain what type of fencing they are planning to have. Mr. Dogherty said he plans on having a 6 -foot fence with barb wire on the top. Commissioner Wailes asked if the fence will be opaque. Mr. Dogherty said they would be willing to put up whatever kind of fence is required. The Chair asked the applicant if they have read through the Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Commissioner Beck requested more clarification on the reason for denial and asked Staff if the primary reason for recommending denial is based on what the Town of Locbuie may have planned for the land in the future. Commissioner Wailes said he too is confused with the recommendation of denial and that is why he asked about an IGA with Lochbuie earlier in the hearing but was told there is not one. The Chair said he feels this facility► meets the criteria under Weld County code23-2-220.A. Commissioner Johnson expressed his concern with the recommendation of denial for this application. Although he is not a supporter of commercial use in an ag zone, he said he is conflicted with the inconsistency...similar cases have been approved in the past. Commissioner Johnson expressed that he is not in favor of vinyl fencing. He feels that trees of something similar would make a better buffer. Commissioner Johnson said he would like to make a motion to recommend approval of the case. Commissioner Beck said he would like to second the motion. He said that in the future, he would like it if staff could more adequately fortify their position. Ms. McDougal addressed the Chair and explained that because the staff recommendation was denial, the Planning Commission will need to make findings on the record on how they meet the 7 criteria to move forward with recommendations because it is not currently in the resolution. Commissioner Wailes said he feels RV parking is low impact. Commissioner Stille said he feels 100 RVs on 3 acres is a high impact. Commissioner Wailes disagreed. Commissioner Beck said he would like to hear staff defend their position of denial. Ms. Au ngst said there was a similar request for this type of project in the Ranch Eggs subdivision. When the case went to the Board of County Commissioners, the application was denied unanimously. The Chair asked staff if their recommendation of denial is based on the actions of the Board of County Commissioners. Staff said it is based on the experience of the last USR. Commissioner Holland stated he was aware that there was a lawsuit about this type of use that went to court. The court told Weld County they could not approve these kinds of activities based on County Code. Commissioner Cope said the Planning Commission has 7 criteria they have to agree to and that is what the Planning Commission is supposed to look at. He said they have approved similar cases in the past. Commissioner Cope said he feels this particular case would not be compatible in the area and he would be voting against approval of the RV facility. Commissioner Beck disagreed with Cope's comments. The Chair stated there is a motion on the table for recommendation of approval. Ms. McDougal addressed the Chair and said if the Board is going to approve this case, they need make some findings on the record, not just cite the statute we are talking about and how it complies with that stated code section. The Chair asked Ms. McDougal if the Board could address their findings while placing their votes. Ms. McDougal said that would be fine. The Chair recused himself from the panel and asked Vice Chair Commissioner Stille to complete the action. Motion: Forward Case USR1 9`0007 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval. Moved by Bruce Johnson, Seconded by Richard Beck. Vote: Motion failed (summary: Yes = 2, No = 5, Abstain = 1). Yes: Bruce Johnson, Richard Beck. No: Bruce Sparrow, Gene Stille, Lonnie Ford, Skip Holland, Tom Cope. Abstain: Michael Wailes. Commissioner Ford voted no, based on Weld County Code 22-2-20.B. and because he feels there are safety issues on the road situation. Commissioner Cope voted no and said he agrees with Commissioner Ford. He said it is not compatible with the neighborhood. Commissioner Holland voted no and said he agrees with Commissioners Ford and Cope. Commissioner Sparrow voted no but said with a bit of a conflict because he feels they are being asked to look at the codes differently. Commissioner Stille voted no because he doesn't believe it is compatible and agrees with Commissioner Ford. Motion: Forward Case U R1g-0007 to the Board of County Commissioners with the Planning Commission's recommendation of denial. Moved by Tom Cope, Seconded by Skip Holland. Vote: Motion passed (summary: Yes = 6, No = 0, Abstain = 2). Yes: Bruce Johnson, Bruce Sparrow, Gene Stille, Lonnie Ford, Skip Holland, Tom Cope. Abstain: Michael Wailes, Richard Beck. The Chair returned and asked the public if there were other items of business that they would like to discuss. No one wished to speak. The Chair asked the Planning Commission members if there was any new business to discuss. No one wished to speak. Meeting adjourned at 4:37pm. 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