HomeMy WebLinkAbout20171684.tiffBEFORE THE WELD COUNTY COLORADO. PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Gene Stifle. 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
USR17-0016
WW, LLC
KIM OGLE
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 C-1 NEIGHBORHOOD
COMMERCIAL OR I-1 AND 1-2. INDUSTRIAL ZONE DISTRICTS (RV AND BOAT
STORAGE. A DUMP STATION. ENCLOSED SELF -STORAGE AND THE
PARKING AND STAGING OF TRASH CONTAINERS. ROLL OFFS AND
VEHICLES AND/OR EQUIPMENT TO PICK UP AND DELIVER SAME AND FOUR
(4) INDIVIDUAL FLEX OFFICE BUILDINGS) 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
LOT B REC EXEMPT RECX16-0076 PART SE4 SECTION 33 T1N. R67W OF
THE 6TH P M WELD COUNTY, COLORADO
NORTH OF AND ADJACENT TO CR 2. APPROXIMATELY 0 5 MILES EAST OF
CR 17
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 B - 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 agriculturally zone property to provide a RV and
boat storage, a dump station, enclosed self -storage and the parking and staging of trash containers,
roll offs, and vehicles and/or equipment and four (4) individual flex office buildings that will be used for
office and warehouse space for lease The property has historically been utilized as a dryland
agricultural parcel having large earthen berms to catch the overland flows of water and later utilized
for agricultural operations. This tract of land is surrounded by an established neighborhood of rural
residential properties, many with moderate to higher end residences. agricultural outbuildings. some
properties also have indoor equestrian facilities and arenas
Section 22 2 20.G.7 A.Policy 7.2 -states. "Conversion of egncultural land to nonurban resident+al-,
commercial, and industrial uses should be accommodated when the subject site is in an area that can
support such development, and should attempt to be compatible with the region."
The site is located within the three (3) mile referral area of Cities of Northglenn and Dacono and
Adams Co it 6, 2017
indicating no conflict with their interests and Adams County did not respond to the referral request.
The property owner has been approved a commercial well from the Division of Water Resources. The
property lies outside of the Intergovernmental Agreement Area with Weld County and is within the
Comprehensive Planning area -for -the -City of Dacona. The City has designated this area as very low
residentia in heir acopted Comprehensive Land Use P an map dated -January --200-x. Review of
Dacono Municipal Code, Chapter 16, Article 29 outdoor
RESOLUTION USR17-0016
WW LLC
PAGE 2
storage shalt only be -permitted as anaccessory use, and in no case shall -the storage or parking of
traifer-sboats, RV recreational --vehicles, vehicles, semi trailers, cargo containers or shipping
containers outdoors, or the warehousing of goods in such containers, be permitted as the principle
use.
In the City of Dacono, outdoor storage means the keeping of inventory, goods, material, or
accessory to the primary use of the establishment, typically retail. Storage related to a residential use,
required vehicular parking areas, nurseries, and the sale of automobiles or other vehicles shall not be
considered such.
The Department of Planning Services has received six letters of concern/opposition from property
owners who live to the west. east and southwest of the proposed site 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;
• Nuisance vermin and debris including rodents and insects from roll -offs:
• Not compliant with current land uses and future expectations
• Potential for crime (theft and vandalism) with no on -site management.
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
possibly transient light onto adjacent property and public rights -of -way and will reduce the dark sky
enjoyed by adjacent property owners: the potential for nuisance conditions to develop including the
introduction of rodents and insects from roll -offs and the potential for new neighborhood security
issues as the facility is staffed during business hours only Furthermore. a RV. boat storage and
parking for non-commercial vehicles was approved for a property east of County Road 19 and north of
County Road 2.
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
Prior to recording the USR map
A The applicant shall provide written evidence that the Mountain View Water Users Association
residential water line extended to the existing building located in the northwest corner of the parcel
has been disconnected. plugged and abandoned per the requirements of the water users association.
Evidence of such shall be submitted, in writing. to the Weld County Department of Planning Services.
(Department of Planning Services)
B. 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 Planning Services -Engineer)
C County Road 2 owned and maintained by Adams County Adams County has jurisdiction over all
accesses within their jurisdiction. Please contact the County to verify the access permit or for any
additional requirement that may be needed to obtain or upgrade the permit. Provide written evidence
of approval and compliance with the County regulations to the Department of Planning Services.
(Department of Planning Services)
RESOLUTION USR17-0016
WW LLC
PAGE 3
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 west. north and east of the proposed use.
(Department of Planning Services)
F The applicant shall attempt to address the requirements of the Brighton Fire Rescue, as stated in the
referral response dated April 11, 2017 Written evidence of such shall be submitted to the Weld
County Department of Planning Services. (Department of Planning Services)
G. The USR map shall be amended to delineate the following
1 All sheets of the map shall be labeled USR17-0016 (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. (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 delineate the parking area for the vendors. customers and/or employees for the
roll -off business and the flex office buildings. (Department of Planning Services)
9 Show the approved Adams County access(es) on the site plan and label with the approved
access permit number if applicable. (Department of Public Works)
10 The applicant shall show and label the accepted drainage features and drainage flow arrows.
Water quality features or stormwater ponds should be labeled as "Water Quality
Feature/Stormwater Detention, No -Build or Storage Area" and shall include the calculated
volume (Department of Planning Services -Engineer)
11 Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Planning Services -Engineer)
12 Show and label all existing oil and gas wells and tank batteries including setbacks. (Department
of Planning Services)
13 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)
RESOLUTION USR17-0016
WW LLC
PAGE 4
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or 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. The Department of Planning Services respectfully requests a digital copy of this "Use by Special Review",
as appropriate. Acceptable format is a projected ESRI shapefile (shp, shx..dbf. prj) with a defined
coordinate system (i.e.. NAD 1983 UTM Zone 13N. WGS 1984. NAD 1983 HARN StatePlane Colorado
North FIPS 0501 (US Feet). etc.). This digital file may be sent to maps(a�co weld_co us (Department of
Planning Services)
5. Prior to Construction
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the start
of construction. (Department of Planning Services - Engineer)
B. The applicant shall attempt to address the requirements/ concerns of Colorado Parks and Wildlife, as
stated in the referral response dated March 15. 2017. Written evidence of such shall be submitted to
the Weld County Department of Planning Services_ (Department of Planning Services)
6. Prior to the release of Building Permits
A. The application shall provide the letter of notification from the Brighton Fire Rescue District prior to
any new construction. (Department of Building Inspection)
7. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued
on the property, until the Use by Special Review USR 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 Services)
RESOLUTION USR17-0016
WW LLC
PAGE 5
Motion seconded by Joyce Smock.
VOTE
For Denial
Bruce Sparrow
Jordan Jemiola
Joyce Smock
Terry Cross
Tom Cope
Gene Stifle
Against Denial
Michael Wailes
Absent
Bruce Johnson
Cherilyn Barringer
The Chair 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, Kristine Ranslem, 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 June 6. 2017.
Dated the 6th of June, 2017
46.lbEv ..tom 411-taliftet,
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WW LLC c/o Ralph Walker
USR17-0016
1. 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 C-1 Neighborhood Commercial or I-1 and 1-2,
Industrial Zone Districts (RV and boat storage. a dump station, enclosed self -storage and the parking and
staging of Trash Containers. Roll offs, and Vehicles and/or Equipment to pick up and deliver same and
four (4) individual flex office buildings) 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. (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 are_
RV parking area — 24 hours a day seven days a week, as stated by the applicant.
Self Storage - 6:00 a m_ - 6 00 p.m. Monday - Sunday, as stated by the applicant:
Flex office space -- 6.00 a m. - 6:00 p.m. Monday - Saturday. as stated by the applicant:
Roll -off and dumpster business — 510 a m. — 7.30 p.m Monday — Saturday. as stated by the
applicant. (Department of Planning Services)
4. The number of on -site employees for the self storage component shall be 2. as stated in the application.
(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)
Indust -Rai -
10. No hazardous materials shall be stored on the property. (Department of Planning Services)
11. The parking area on the site shall be maintained. (Department of Planning Services)
12. 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)
13. The landscaping/screening on the site shall be maintained. (Department of Planning Services)
14. The property owner shall control noxious weeds on the site. (Department of Public Works)
15. 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)
RESOLUTION USR17-0016
WW, LLC
PAGE 7
16. 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)
17. 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)
18. 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)
19. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment)
20. 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)
21. In the event the applicant intends to utilize the existing septic system at the office, the septic system shall
be reviewed by a Colorado registered professional engineer. The review shall consist of observation of
the system and a technical review describing the system's ability to handle the proposed hydraulic load.
The review shall be submitted to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment in conjunction with the submittal of a commercial septic
permit application. In the event the system is found to be inadequately sized or constructed, the system
shall be brought into compliance with current regulations. (Department of Public Health and Environment)
22. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (commercial
well permit 80734-F) (Department of Public Health and Environment)
23. Adequate drinking, 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 and bottled water 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 and shall contain hand sanitizers. (Department of Public Health and Environment)
24. In the event the facility's water system serves more 25 persons on a daily basis the water system shall
comply with the Colorado Primary Drinking Water Regulations (5 CCR 1003-1). If not subject to these
requirements, the Weld County Department of Public Health and Environment strongly encourages well
users to test their drinking water prior to consumption and periodically thereafter. (Department of Public
Health and Environment)
25. RV dump stations shall be connected to an appropriately engineer designed individual sewage disposal
system which complies with all provisions of the Weld County Code, pertaining to On Site Wastewater
Disposal Systems. (Department of Public Health and Environment)
26. The applicant shall comply with all provisions of the State Underground and Above Ground Storage Tank
Regulations. (Department of Public Health and Environment)
27. Any vehicle or equipment washing shall adhere to "Low Risk Discharge Guidance: Discharges From
Surface Cosmetic Power Washing Operations To Land July 2010" as provided by the State. (Department
of Public Health and Environment)
28. All pesticides, fertilizer, and other potentially hazardous chemicals must be handled in a safe manner in
accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants
(HAP's) and volatile organic compounds (VOC's). All chemicals must be stored secure, on an impervious
surface, and in accordance with manufacturer's recommendations. (Department of Public Health and
Environment)
RESOLUTION USR17-0016
WW, LLC
PAGE 8
29. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off for
proper disposal. Records of installation, maintenance, and proper disposal shall be retained.
(Department of Public Health and Environment)
30. The facility shall comply with the Air Pollution Emission Notice (A.P.E.N.) permit requirements as
stipulated by the Air Pollution Control Division, Colorado Department of Public Health and Environment, as
applicable. (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)
32. The property owner shall control noxious weeds on the site. (Department of Public Works)
33. The access to the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Department of Planning Services)
34. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Planning Services)
35. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services - Engineer)
36. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services - Engineer)
37. 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)
38. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following
have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and 2014
National Electrical Code. A Building Permit Application must be completed and two (2) complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted
for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection. (Department of Building Inspection)
39. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
40. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public
Health and Environment shall be granted access onto the property at any reasonable time 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.
41. 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.
42. 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.
RESOLUTION USR17-0016
WW, LLC
PAGE 9
43. 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.
44. WELD COUNTY'S RIGHT TO FARM: 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,
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.
M ItQ lriC-S
to- 11 -
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, June 6, 2017
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,
Bruce Sparrow, at 12:30 pm.
Roll Call.
Present: Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock, Michael Wailes, Terry Cross, Tom
Cope.
Absent: Bruce Johnson, Cherilyn Barringer.
Also Present: Kim Ogle, Chris Gathman, and Diana Aungst, Department of Planning Services; Hayley
Balzano, Department of Planning Services — Engineering Division; Lauren Light and Ben Frissell,
Department of Health; Evan Pinkham, Public Works; Bob Choate, County Attorney, and Kris Ranslem,
Secretary.
Motion: Approve the May 16, 2017 Weld County Planning Commission minutes, Moved by Terry Cross,
Seconded by Gene Stille. Motion passed unanimously.
CASE NUMBER:
APPLICANT.
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR17-0016
WW, LLC
KIM OGLE
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 C-1 NEIGHBORHOOD
COMMERCIAL OR I-1 AND I-2, INDUSTRIAL ZONE DISTRICTS (RV AND BOAT
STORAGE, A DUMP STATION, ENCLOSED SELF -STORAGE AND THE
PARKING AND STAGING OF TRASH CONTAINERS, ROLL OFFS, AND
VEHICLES AND/OR EQUIPMENT TO PICK UP AND DELIVER SAME AND
FOUR (4) INDIVIDUAL FLEX OFFICE BUILDINGS) 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
LOT B REC EXEMPT RECX16-0076; PART SE4 SECTION 33, T1N, R67W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
NORTH OF AND ADJACENT TO CR 2; APPROXIMATELY 0 5 MILES EAST OF
CR 17
Kim Ogle, Planning Services, presented Case USR17-0016, reading the recommendation and comments
into the record. Mr. Ogle noted that eight (8) letters of opposition were received outlining concerns that the
business is not an agricultural use, impact of property values, potential eye sore, increased traffic, traffic
safety, nuisance from vermin and debris, not compliant with current land use, and the potential for crime.
The Department of Planning Services recommends denial of this application. Should the Planning
Commission recommend approval of this application, the Department of Planning Services recommends
that the conditions of approval and development standards be attached. Mr. Ogle provided a memo which
requested changes to the Planning Commission Resolution.
Evan Pinkham, Public Works, reported on the existing traffic and access to the site.
Hayley Balzano, Engineering, reported on the 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.
Ralph Walker, 9896 Rosemont Avenue, Lone Tree, Colorado, stated that County Road 2 is a major arterial
roadway. He added that this land has not been farmed for many, many years and has three oil and gas
facilities on it as well as a major easement that goes through the property diagonally which restricts and
1
limits farming opportunities Mr Walker said that they have proposed acceleration and deceleration lanes.
if required by Adams County
Mr. Walker said that they intend to make significant landscape improvements with berming and trees. native
grasses and bushes that will screen the property from the street The land slopes away from the street so
with the landscaping it will be blocked from the street He said that the roll off boxes will be emptied before
being brought to the site so there won't be anything to attract rodents
Mr. Walker said that the neighbor meeting had a lot of talk about bringing crime. He added that they will
have security cameras and an on -site security manager. He added that they are not attracting crime and
hope to be an asset to the neighborhood Additionally. he suggested having neighborhood meetings every
6 months just to have an open communication and address any concerns that they may have.
Commissioner Jemiola asked the applicant how many employees will access the site Carl Wiscombe
stated that the roll off business will have 4 on site employees. He added that they anticipate the similar
number with the other flex buildings. Mr Jemiola clarified if there would be no more than 20 employees for
the site. Mr Wiscombe said that they wouldn't anticipate any more than 20 employees for the site.
The Chair asked if there was anyone in the audience who wished to speak for or against this application_
Robert Morelli, 305 CR 19 stated that he lives across from the Brighton Storage facility currently, which
has 400 to 600 recreational and commercial vehicles and trailers in storage He is concerned with having
an additional storage facility behind them as it would seal their fate as far as their plans for their family. He
added that they have two grown children that would like to build their residences on their property.
Additionally. he is concerned with the traffic and crime.
Sheila Morelli said that another storage facility was just approved on County Road 17 and County Road 6
and it seems that this area is being turned into a commercial and industrial area. Ms. Morelli said that over
the past six months the roll offs have increased steadily to 20 roll off containers
Sarah Knels. 8295 CR 2. stated that she lives directly west of this site. She said that there are three facilities
within one mile of this proposed facility Ms Knels stated that she is concerned with crime rates
David Campbell. 8219 CR 2, expressed concern regarding the decrease of property values and traffic. He
said that this facility is not compatible for this location
Bill Wycoff, 333 CR 17, presented pictures of the surrounding homes in the area. He said that this business
is inappropriate and incompatible with the surrounding community.
Stephen Neal. 9965 E 115"'. Thornton. Colorado. stated that he owns land in the area and added that he
plans to build on one lot and his daughter will build on another lot He said it is an inappropriate place for
this business
Mike McDonoll. 619 CR 19. Brighton, Colorado. stated that he just purchased five (5) acres in the area and
is building his custom home. He bought the property for the rural setting and the quiet He doesn't believe
this business is a good fit and added that it will affect his views and property values
Shirley Amerin, PO Box 784. Eastlake. Colorado, stated that she purchased her property five (5) years and
hasn't built her home yet as through the process they were notified that the shutting down of the fracking
wells impacted their water wells and therefore they have been in mitigation with the Colorado Oil and Gas
Commissions Additionally she attended a neighborhood meeting about a proposed gas plant in close
proximity She expressed concern with all of the commercial business activity in the area and said that her
investment is a loss as she won't be able to sell her property She added that she is also concerned with
the increase in traffic and traffic safety
The Chair called a recess at 4:05 p.m. and reconvened the hearing at 4.20 pm
Commissioner Smock asked staff when the nearest storage facility was built Mr Ogle replied that it was
permitted in 2012_
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Mr Walker said that they are not responsible for all the growth in Weld County Mr, Walker said that they
will fencing and landscaping surrounding the perimeter of the facility. He added that the remaining property
will be developed as a tree farm or some other use as it cannot be used as farmland
Commissioner Jemiola asked the applicant to describe the proposed landscaping. Mr Walker said that
they will landscape and fence the back part of their property He said that there is currently a berm that is
20 feet tall and they plan to have landscaping and make it attractive.
Commissioner Smock asked the applicant how long they have owned the property. Mr Walker said that
they have owned it approximately one year and purchased the roll off company in September
The Chair asked if Staff had any changes to the Resolution. Mr Ogle provided a memorandum and
requested to remove the first three (3) paragraphs under Section 22-2-20.G 7 as well as Development
Standard a
Motion: Delete Development Standard 9. Moved by Tom Cope. Seconded by Terry Cross. Motion
carried unanimously.
Mr Ogle noted that when he initially reviewed the map. it appeared that Dacono s Cooperative Planning
Agreement went down to County Road 2 as well as their Comprehensive Plan, however, Mr Ogle clarified
that it does not and requested that this language be removed
Motion: Delete language provided by Staff in Section 22-2-20.G.7 of the Resolution, Moved by Tom Cope,
Seconded by Joyce Smock Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Commissioner Cope said that instead of allowing these special use permits on agricultural zoned property
we should request rezoning because that is what they are trying to do in this area
Commissioner Jemiola agreed and would like to see more Change of Zone requests with specific uses. He
said that the applicant indicated that they would not have more than 20 employees on site and asked the
Planning Commission to consider adding a development standard limiting the number of employees Mr.
Ogle said that the flex office buildings are separate from the applicant's employees, therefore they do not
know the number of employees Mr Jemiola said that he would like to specifically how many employees
will be on site as it affects the traffic and noise impacts on the site
Carl Wiscombe said the answer is undefined at this point as staff pointed out He added that there are no
candidates identified for those four flex offices. however they anticipate it will be similar to Western Rolloff.
Mr Wiscombe said that currently Western Rolloff has three employees
Motion: Forward Case USR17-0016 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with Planning Commission's recommendation of
approval. Moved by Michael Wailes. He cited Section 23-2-220 A.4 which speaks if the surrounding area
is compatible with future development and believes that it will be compatible with future development.
Motion failed.
Motion: Forward Case USR17-0016 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
denial Moved by Gene Stifle. Seconded by Joyce Smock.
Vote: Motion passed (summary: Yes = 6, No = 1, Abstain = 0).
Yes: Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock, Terry Cross, Tom Cope.
No: Michael Wailes.
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Meeting adjourned at 7:55 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
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