HomeMy WebLinkAbout20191935.tiffHEARING CERTIFICATION
DOCKET NO. 2019-63.B
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR19-0007, FOR ANY USE PERMITTED AS USE BY RIGHT, ACCESSORY USE, OR
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 PART OF A MAP OR PLAN FILED PRIOR TO
ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE
A (AGRICULTURAL) ZONE DISTRICT - KEVIN AND DEANNA DOUGHERTY
A public hearing was conducted on July 10, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro -Tern
Commissioner Sean P. Conway
Commissioner Scott K. James
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Selena Baltierra
County Attorney, Bruce Barker
Planning Services Department representative, Diana Aungst
Public Works Department representative, Mike McRoberts
Health Department representative, Lauren Light
The following business was transacted:
8 I hereby certify that pursuant to a notice dated April 4, 2019, and duly published April 10,
2019, in the Greeley Tribune, a public hearing was conducted on May 29, 2019, to consider the
withdrawal request of Kevin and Deanna Dougherty, for a Site Specific Development Plan and
Use by Special Review Permit, USR19-0007, for any Use permitted as Use by Right, Accessory
Use, or 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 part of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District, at which time the
applicants chose to proceed with the application and the matter was continued to July 10, 2019,
to allow adequate time to re -notice the matter and prepare the case file for review. Bruce Barker,
County Attorney, made this a matter of record, pursuant to a notice dated June 14, 2019, and
duly published June 19, 2019.
Diana Aungst, Department of Planning Services, presented a brief summary of the proposal,
stated 11 referrals were sent out and indicated the Town of Lochbuie and the Division of Water
Resources both had concerns. She provided the adjacent County roads, and described the
building onsite, fencing mitigation, security gate, parking, cameras and landscaping. She
explained the application indicated the customers will have a key card to access the property and
reviewed the unfavorable recommendation of the Planning Commission (PC). She stated the site
is located within the three (3) mile referral areas of Lochbuie and Adams County, and reviewed
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the referral from the Town of Lochbuie, which included their concerns. She explained the future
land use map for the Town of Lochbuie and its use designations. She provided images of the site
and surrounding views, and in response to Commissioner Conway, Ms. Aungst indicated she
would do further research to determine whether RV and boat storage parking is allowed within
the Town of Lochbuie.
CR Mike McRoberts, Department of Public Works, provided a brief overview of the transportation
plans and requirements, and stated access for the site will be on County Road (CR) 2. He
provided the daily traffic counts, roundtrips and traffic route. He indicated a preliminary drainage
report was submitted and mentioned the requirements of a final drainage report and a Certification
of Compliance, prior to recording the USR map. He explained there is no up -front tracking control
for the project and presented the drainage and grading requirements.
e Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, and stated the existing residence is served by an individual domestic well, and a septic
system permitted for two (2) bedrooms. She explained the well can be used for the business once
permitted for commercial use. She stated portable toilets can be used at the site in accordance
with Environmental Health (EH) policy, and Developmental Standards (DS) #23-31 address EH
items.
Kevin Dougherty, applicant, described surrounding USRs, and displayed a PowerPoint
presentation with various images of the site and surrounding views. He mentioned the owner is
living in the existing residence on the site, and stated vehicles on the lot must be registered and
insured. He provided the hours of operation and described the fencing, lighting, security, and
landscaping and screening. He described traffic impacts and reiterated the use is compatible with
the surrounding USRs. He explained the concerns of surrounding property owners (SPO) and the
efforts to mitigate those concerns, and the opportunity for SPOs to store their RVs at the proposed
storage. fiR In response to Commissioner James, Mr. Dougherty indicated on the displayed
map, where the nearby RV storage park, `Achieve More", is located. Additionally, Ms. Aungst
clarified the details of the USR associated with Achieve More. Mr. Dougherty stated the PC had
mentioned the Town of Lochbuie was against the proposed application; however, when he spoke
with the Town of Lochbuie's manager, they did not indicate any objection. In response to
Commissioner Conway, Ms. Aungst reviewed the email from the Town of Lochbuie, which
indicated their request for inclusions in the Conditions of Approval (COA) and DS. In response to
Commissioner James, Ms. Aungst stated she would research the terms of the Coordinated
Planning Agreement between Weld County and the Town of Lochbuie, and regarding an earlier
question, she clarified Lochbuie does not allow RV's to be parked on public roads. She further
clarified the proposed site is identified as "single-family residential" on the future land use map for
the Town of Lochbuie.
Mark Longhurst, SPO, indicated he lives south of the facility and is in opposition of the
proposal. He expressed concerns regarding the additional people, and stated the access is
hazardous due to visibility of traffic coming from the west. Furthermore, he added the site is not
consistent or compatible with the surrounding area. In response to Commissioner Conway,
Mr. Longhurst indicated on the displayed map where the Achieve More facility is located in
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proximity to his property. In response to Commissioner Moreno, Mr. Longhurst stated he built his
home in 1993.
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Jami Longhurst, SPO, stressed the importance of protecting the agricultural area and
mentioned the number of RV storage facilities in the area.
a Chris Daigle, SPO, indicated where he lives on the displayed map, and expressed his
concerns about the increasing traffic, speeding, and fire hazards. Additionally, he reiterated there
are many other RV storage facilities in the area, and the proposed land can be used for agricultural
purposes.
Roger Allgeier, SPO, indicated where his property is in proximity to the proposed site, as well
as the Achieve More facility. He explained the application originally had a number of RVs that
would require a deceleration lane, therefore, the applicant decreased the number of RVs to avoid
that requirement. He provided his support for a deceleration lane and mentioned he was not in
support of a chain link fence used for visual mitigation.
IR Mr. Dougherty asserted the location of the access allows full visualization of the traffic coming
and going. In response to Commissioner Conway, Mr. Dougherty explained the access is in the
same location; however, it will be wider, and Mr. McRoberts stated a survey of the access is still
needed, but upon observation, the Department of Public Works (PW) proposed the access should
be located elsewhere to meet requirements. In response to Commissioner Conway, he explained
the trigger has not been met for an acceleration lane, but it may be required to get the RVs up to
speed prior to moving into traffic. In response to Commissioner James regarding Section 23-2-
230.8.1, Mr. Dougherty argued the compatibility of the project with surrounding land uses, and
stated he cannot grow any crops on his property. Regarding Section 23-2-230.6.3 and
compatibility with future land use, Mr. and Mrs. Dougherty stated there are already existing homes
on nearby lots developed by Lochbuie, as well as more intense, permitted uses. In response to
Chair Kirkmeyer, Mr. Dougherty indicated he had lived at his property for 3.5 years.
El In response to Commissioner Freeman, Ms. Aungst and Chair Kirkmeyer clarified the site is
within the Brighton Fire District.
a Chair Kirkmeyer expressed she was in support of the recommendation of the Planning
Commission and the Department of Planning Services for denial of the application. She stated
she did not believe the application was in accordance with Chapter 22 of the Comprehensive
Code. She supported Planning in stating the proposal does not meet Section 22-2-20.6.2
(A.Policy 2.2), with regard to Section 23-2-230.6.1, as previously referenced, she explained an
RV storage facility does not have rural character and explained why the Achieve More facility was
approved. She explained why the facility was not compatible with future and existing surrounding
land uses, including the hours of operation, the master plan of the Town of Lochbuie, and barbed
wire fencing. She indicated the site is not within an overlay zone district and is not considered
prime agriculture land. She further explained how the application does not protect the health,
safety and welfare of the residents of Weld County.
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in Commissioner Moreno concurred and cited Section 22-2-220.B.4, to explain the use is not
compatible with the future development of the surrounding area, specifically the Town of
Lochbuie. Commissioner James stated he was not in support of the application due to the lack of
compatibility with the future land use plan of the Town of Lochbuie. Commissioner Freeman
agreed with the recommendations for denial from the PC and Staff. Commissioner Conway stated
he considered mitigation options; however, he still did not feel it would work. He reiterated the
traffic information and indicated he was in support of the denial.
IR Commissioner James moved to deny the request of Kevin and Deanna Dougherty for a Site
Specific Development Plan and Use by Special Review Permit, USR19-0007, 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, motorhomes, and 5th wheel trailers)
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 recommendations of Planningstaff and the Planning Commission.
The motion was seconded by Commissioner Moreno, and Chair Kirkmeyer added, with
regard to the inconsistency with Chapter 22, Sections 22-2-20.6.2 (A.Policy 2.2) and 22-2-20.B.3
(A.Policy 2.3), which encourage the development of agriculture and agriculture related
businesses. She additionally added Section 22-2-20.1 (A.Goal 9), which states: "Reduce potential
conflicts between varying land uses in the conversion of traditional agricultural lands to other land
uses."Chair Kirkmeyer also referenced Section 22-2-40.A (UD.Goal 1), which concentrates urban
development with existing municipalities, and Sections 22-2-100.A (C.Goal 1) and 22-2-100.B
(C.Goal 2). The motion carried unanimously and there being no further discussion, the hearing
was completed at 1:55 p.m.
This Certification was approved on the 15th day of July, 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dattAvo &Q;rh, EXCUSED DATE OF APPROVAL
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
APP
my At . rney
Mike Freeman, Pro-Tem
Date of signature: 0 T `MI
2019-1935
PL2670
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