HomeMy WebLinkAbout20171211.tiffBEFORE THE WELD COUNTY, COLORADO. PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola, that the following resolution be introduced for passage 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:
USR17-0009
RICHARD & BETTY ROOS. SR
CHRIS GATHMAN
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 (COVERED AND UNCOVERED STORAGE OF RVS.
TRAILERS AND AUTOMOBILES ALONG WITH INDOOR MINI STORAGE),
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.
LOT B REC EXEMPT RE -3855, PART S2SE4 SECTION 20, Ti N. R67W OF THE
6TH P M . WELD COUNTY. COLORADO.
NORTH OF AND ADJACENT TO CR 6 AND WEST OF AND ADJACENT TO CR
17
be recommended favorably to the Board of County Commissioners for the following reasons:
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 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 consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20. G - A. Goal 7 states. "County land use regulations should protect the
individual property owner's right to request a land use change." And Section 22-2-20.G.2 -
A.Policy 7.2 states, "Conversion of agricultural land to nonurban residential, 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 applicant indicates that a screening fence and landscaping will be constructed along the
east property line of the facility — also. landscaping will be constructed along County Road 6
and County Road 17.
The proposed use is in an area that can support this development and the existing screening,
the Development Standards, and the Conditions of Approval will assist in mitigating the
impacts of the facility on the adjacent properties and ensure compatibility with surrounding
land uses and the region.
Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
The proposed use is consistent with the intent of the A (Agricultural) Zone District Section 23-
3-40.S. and M. which allows for 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 (Covered and uncovered
storage of RVs. trailers and automobiles along with indoor mini storage) 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
Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
RESOLUTION USR17-0009
RICHARD & BETTY ROOS. SR.
PAGE 2
The property borders four (4) single family residences to the east (across County Road 17)
and is adjacent to a single family residence and a kennel facility (for up to 150 dogs and 40
cats — approved under USR-1241) to the south. A single family residence is also located on
the property to the west. Cropland is located to the south.
Three letters of concern/opposition have been received in regards to this case. Concerns in
these letters included:
Increasing traffic in the area and the potential for conflicts with oil and gas traffic in
the area.
Lighting and noise impacts
There are already several RV storage facilities in the nearby area
This use is not compatible with the surrounding agricultural area (too far from
neighboring commercial uses/highways)
The potential for impacts to/lowering of property values
There is no connection between agricultural uses and RV storage
The potential for break ins/theft — security concerns
Potential for impacts to eagles nesting in existing trees on a nearby property
Weld County is becoming an RV storage area for the Denver Metro area
One of the letters recommended that the facility should be surrounded by a wooden
fence and trees (on top of a 2 -foot berm) on all sides of the facility).
The applicants held a community meeting on March 17, 2017. The applicants indicated that
they sent out notices to 12 property owners and a total of four families/property owners
attended the meeting. The applicant indicated that two (2) additional families/property owners
did not attend but the applicants indicated that they had no objection to the proposed use.
The meeting summary indicated that property owners were receptive to ideas such as:
grading/berms and a screening fence and automated lighting that will shut off when no
customers are at the site, Applicants also indicated that they would work with Weld County to
groom the road and control dust from traffic entering and leaving the site. A fire hydrant will
be installed and the applicant mentioned that neighbors are in favor of potential benefits to
fire insurance rates and property values as a result.
In additional conversations with the applicant they have indicated their intent to place the
fence and landscaping on top of a berm so that neighboring property owners will not see the
vehicles/RVs stored on the site from the adjacent properties.
The applicant is proposing a wood or faux wood fence with 200 -foot spaced stone columns
on an approximately 2 -foot berm is proposed to be planted along the eastern and southern
portions of the USR site. Additionally the applicant is proposing to plant trees and bushes
(sand cherry trees and purple leaf plume hedges) spaced 100 -feet apart along the eastern
boundary of the site.
Staff understands the concerns about the proliferation of RV storage facilities in the area.
However, the amount of traffic generated by these facilities is substantially less and more
sporadic than a number of other commercial/industrial uses. Additionally this site borders
County Road 6 which feeds into County Road 13 (an arterial road) two miles to the west. The
potential for visual impacts to the surrounding area is a substantial concern for RV storage
facilities. The applicants are proposing to do a number of things (through screening. lighting
etc.) to address compatibility with the surrounding area.
These mitigation measures along with the attached development standards and conditions of
approval will adequately mitigate the impacts of the use from existing surrounding land uses.
RESOLUTION USR17-0009
RICHARD & BETTY ROOS, SR.
PAGE 3
D. 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 the Town of Dacono and off the
City of Northglenn. No referral response has been received either from the Town of Dacono
or the City of Northglenn.
Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the
Weld County Code
The property is/is not within the Geologic Hazard Overlay District. a Special Flood Hazard
Area or the Airport Overlay District.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Programs.
Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The proposed facility is located on approximately 67.2 acres delineated as "Prime (Irrigated)"
and "Irrigated Land (Not Prime)" per the 1979 Soil Conservation Service Important Farmlands
of Weld County Map. Approximately 40 acres of "Prime (irrigated)" land will be taken out of
production under this USR.
Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section
23-2-250, Weld County Code), Conditions of Approval and Development Standards can
ensure that there are adequate provisions for the protection of health, safety, and welfare of
the inhabitants of the neighborhood and County.
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.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall address the requirements of the Mountain View Fire Rescue District, as
stated in the referral response dated February 28, 2017. Written evidence of such shall be
submitted to the Weld County Department of Planning Services. (Department of Planning
Services)
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)
The plat shall be amended to delineate the following:
All sheets of the map shall be labeled USR17-0009. (Department of Planning Services)
RESOLUTION USR17-0009
RICHARD & BETTY ROOS. SR
PAGE 4
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 fencing. (Department of Planning Services)
6. The map shall delineate the lighting. (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. County Road 17 is a gravel road and is designated on the Weld County Road
Classification Plan as a local road which requires 60 feet of right-of-way at full buildout.
The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall
be measured from the edge of right-of-way. This road is maintained by Weld County.
(Department of Public Works)
9. County Road 6 is a paved road and is designated on the Weld County Road
Classification Plan as a collector road which requires 80 feet of right-of-way at full
buildout. The applicant shall delineate on the site plan the future and existing right-of-
way. All setbacks shall be measured from the edge of future right-of-way. This road is
maintained by Weld County. (Department of Public Works)
10. Show and label the approved access (AP17-00140), and the appropriate turning radii on
the site plan. (Department of Public Works)
11. Show and label the entrance gate set back a minimum of 100ft from edge of shoulder.
(Department of Public Works)
12. 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)
13. 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)
14. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Planning Services -Engineer)
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 plat for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all
other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The
Mylar plat 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)
RESOLUTION USR17-0009
RICHARD & BETTY ROOS, SR.
PAGE 5
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat
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@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.
(Department of Planning Services - Engineer)
6. 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 plat 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)
Motion seconded by Michael Wailes.
VOTE:
For Passage
Bruce Sparrow
Jordan Jemiola
Joyce Smock
Michael Wailes
Terry Cross
Tom Cope
Gene Stille
Against Passage
Absent
Bruce Johnson
Cherilyn Barringer
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, 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 April 18, 2017.
Dated the 18tt, of April, 2017
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Richard and Betty Roos
USR17-0009
1. A Site Specific Development Plan and Use by Special Review Permit, USR17-0009, 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 (Covered and uncovered storage of RVs, trailers and automobiles along with indoor mini storage),
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 number of full time on -site employees shall be limited to two (2). (Department of Planning Services)
4. The hours of operation are 24 -hours a day / 7 -days a week. (Department of Planning Services)
5. No derelict vehicles, as defined in Section 23-1-90 of the Weld County Code, shall be stored on the site.
(Department of Planning Services)
6. All vehicles located within the RV storage area must be operational with current license plates and tags.
(Department of Planning Services)
7. There shall be no outside storage of industrial and/or commercial vehicles, equipment or materials.
(Department of Planning Services)
8. No hazardous materials shall be stored on site. (Department of Planning Services)
9. The parking area on the site shall be maintained. (Department of Planning Services)
10. 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)
11. The landscaping/screening on the site shall be maintained. (Department of Planning Services)
12. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 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)
13. 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. Section 30-20-100.5. C.R.S. (Department of Public Health and Environment)
14. 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)
15. 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)
16. 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)
17. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to Onsite Waste Water Treatment Systems. A permanent, adequate water supply shall be
provided for drinking and sanitary purposes. (Department of Public Health and Environment)
RESOLUTION USR17-0009
RICHARD & BETTY ROOS, SR
PAGE 7
18. 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 Individual Sewage
Disposal Systems. (Department of Public Health and Environment)
19. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department
of Public Health and Environment)
20. 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)
21. 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)
22. The property owner shall control noxious weeds on the site. (Department of Public Works)
23. The access to the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Department of Public Works)
24. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
25. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services - Engineer)
26. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services - Engineer)
27. 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)
28. 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)
29. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
30. 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.
RESOLUTION USR17-0009
RICHARD & BETTY ROOS, SR
PAGE 8
31. 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.
32. 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.
33. 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.
34. 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
RESOLUTION USR17-0009
RICHARD & BETTY ROOS, SR.
PAGE 9
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.
IYLLks
y/Iel n
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. April 18, 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, Cherilyn Barringer, Gene Stifle. Jordan Jemiola, Joyce Smock, Michael Wailes,
Terry Cross. Tom Cope.
Absent: Bruce Johnson
Also Present: Chris Gathman and Diana Aungst, Department of Planning Services; Hayley Balzano,
Department of Planning Services — Engineering Division: Lauren Light, Department of Health: Evan
Pinkham, Public Works; Bob Choate. County Attorney. and Kris Ranslem. Secretary.
Motion: Approve the April 4. 2017 Weld County Planning Commission minutes, Moved by Joyce Smock,
Seconded by Michael Wailes. Motion passed unanimously.
CASE NUMBER:
APPLICANT:
PLANNER
REQUEST:
LEGAL DESCRIPTION
LOCATION
USR17-0009
RICHARD & BETTY ROOS, SR
CHRIS GATHMAN
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 (COVERED AND UNCOVERED STORAGE OF RVS.
TRAILERS AND AUTOMOBILES ALONG WITH INDOOR MINI STORAGE),
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_
LOT B REC EXEMPT RE -3855; PART S2SE4 SECTION 20. Ti N. R67W OF THE
6TH P.M , WELD COUNTY. COLORADO.
NORTH OF AND ADJACENT TO CR 6 AND WEST OF AND ADJACENT TO CR
17
Jordan Jemiola said that he knows the applicant and his family; however he feels he can make a fair and
impartial judgement.
Chris Gathman, Planning Services. presented Case USR17-0009, reading the recommendation and
comments into the record. Mr. Gathman noted that six (6) letters of opposition were received citing
concerns regarding the increase of traffic, potential conflicts with oil and gas traffic. light and noise impact.
incompatibility, potential impacts of lowering property values, loss of agricultural production, security and
crime concerns. The applicants did hold a community meeting and four (4) property owners attended the
meeting. The applicants indicated that the neighbors had no objection to the proposed project and were
receptive to ideas such as grading and berms, a screening fence and an automated lighting system that
would turn off when no customers were at the site. The Department of Planning Services recommends
approval of this application with the attached conditions of approval and development standards.
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.
Richard Roos. Jr. stated that they have been trying to come up with a plan that works the best to screen
the property from the neighborhood uses. Mr. Roos provided a description of their planned landscaping
and screening that includes a wood fence, berms, trees and vegetation. He said that the lighting that they
1
are proposing is LED down lighting and when the last person swipes their card to leave the facility all the
lights will go off. He added that there will be infrared lighting for security purposes but it will be invisible to
the human eye. He also explained how they will accommodate the fire safety of the site.
Commissioner Barringer asked what the hours of operation are. Mr. Roos said that there will be some
limited after hours drop off by appointment. He added that their key codes will not work after 10 pm in the
summer without a special appointment.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
James Baxter, 2198 CR 17, stated that he lives directly across from the proposed site. He said that the
vehicles travel at a high rate of speed on County Road 6 and when they slow down to turn off onto County
Road 17 it becomes a safety concern. He said that the applicant mentioned he can't grow crops on this
property; however all the landowners have been able to grow and produce crops in the area. Mr. Baxter
submitted a photo that shows that County Road 17, where the customers will be entering into the facility,
has three tire tracks. He added that County Road 17 is not designed for that type of traffic going both ways.
Paula Boudreault, 2164 CR 17, stated that her concerns are similar to Mr. Baxters. She stated that she
would be the most impacted in that the entrance to this facility will be directly across from her residence so
she will get all the headlights and noise. Her husband has diabetes and emphysema and constantly has
to use oxygen and an inhaler and she said that all this dust will impact his health as well.
Commissioner Sparrow asked Public Works if dust should become a problem if the landowners can request
mag chloride to put on the road. Mr. Pinkham said that mag chloride is pretty regularly applied to County
Road 17 currently; however, there are situations they could ask the County to apply that if it hadn't been to
reduce the dust.
Commissioner Smock expressed concern with the three tracks on the road and the width of the road. Mr.
Pinkham said that County Road 17 is a local, gravel roadway and added that the width of the road is
approximately 22 feet wide, which is pretty typical of what the gravel roads have, and added that they
believe it is adequate for two vehicles.
Lois Poggensee. 2034 CR 17, stated that she lives on the corner across from the proposed facility. She is
concerned about this facility and agreed with Mr. Baxter's comments. She added that traffic is a big
concern. Ms. Poggensee said that she attended the neighborhood meeting and did not voice an opinion
for or against; however, after further thought on the project she submitted an email to the Planning
Department in opposition to the facility. She said that County Road 6 has a lot of trucks that fly by so fast
and won't be able to stop with traffic turning onto County Road 17. She is also concerned with security of
the facility and the potential for crime.
Joyce Keeling, 2044 CR 17. said she attend the March neighborhood meeting and doesn't recall that
anyone was in support of the facility. She said that the traffic is a problem now and the dust is horrific. She
expressed concern with the security and potential crime in these facilities.
Commissioner Smock asked if Ms. Keeling has talked with Weld County regarding the dust on the road.
Ms. Keeling replied no and added that she lives with it.
Hazel Frank. 1596 CR 15, stated that she lives one mile as the crow flies southwest of the proposed facility.
She said that there is a hill between her home and the facility so she is fortunate that she doesn't have to
see it. Her objection is to the location of the facility and feels that they are under siege with all the RV
storage facilities in the area. She said that she is more concerned with mag chloride than the dust problem.
She requested screening the entire facility from the neighborhood and added that she doesn't feel the chain
link fence with slats will uphold to the weather. Ms. Frank said that she prefers the berming with evergreen
trees.
Mike Hathaway and Heather Hathaway, 7673 and 7813 CR 6. stated that they live and own a kennel that
will be surrounded by the facility. Mr. Hathaway said that dust is an issue but feels that the applicants have
been honest with their proposal. At the neighborhood meeting crime was brought up and feels that their
proposed security measures are an appropriate attempt He recalled that in the 17 years that they have
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lived there. there was one year that hay was put on it. He recognizes that lighting could be an issue and is
interested in the new LED lighting that they are proposing.
Heather Hathaway said that she is completely comfortable with the applicant's proposal and is completely
happy with the landscaping and screening that they are proposing.
Commissioner Stille asked how the land has been maintained, Mr. and Mrs. Hathaway said that it hasn't
been maintained. Mr. Hathaway stated that since the applicants have purchased it they have kept it mowed.
The Chair called a recess at 2:25 pm and reconvened the hearing at 2:40 pm.
Cherilyn Barringer left the meeting at 2:25 pm.
Mr. Roos said that there will be security cameras surrounding the entire perimeter of the facility. There will
be covered stalls on the north side of the facility for screening and added that they will landscape the facility.
Mr. Roos said that he spoke with the Weld County Sheriff's Public Resource Officer this morning and they
stated that there were two crimes in the past eight months: one was missing license plates and the other
contact was a trailer that was removed from outside of the gate of the storage facility.
Mr. Roos said that the entrance to the facility is directly across from the access to the residence to the east
and said that the entrance was not their first choice: however according to Weld County Public Works they
encouraged them to place the entrance to the facility across from the existing access to the east as there
are less potential points of conflict.
Commissioner Stille asked Public Works staff if they were stuck with the access at the proposed point. Mr.
Pinkham explained that because of safety and contact points on County Road 17 they recommended that
entrance point but said that they could work with the landowners and see if there is another location that
would be more suitable.
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.
Motion: Forward Case USR17-0009 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 Jordan Jemiola, Seconded by Michael Wailes.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Sparrow, Gene Stifle. Jordan Jemiola, Joyce Smock, Michael Wailes, Terry Cross, Tom Cope.
Absent: Cherilyn Barringer.
Meeting adjourned at 5:40 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
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