HomeMy WebLinkAbout20171223.tiffHEARING CERTIFICATION
DOCKET NO. 2017-37.B
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR17-0009, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR
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 PART OF A MAP OR
PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT - RICHARD AND BETTY
ROOS, SR.
A public hearing was conducted on May 31, 2017, at 10:00 a.m., with the following present:
Commissioner Julie A. Cozad, Chair
Commissioner Steve Moreno, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Chris Gathman
Public Works Department representative, Evan Pinkham
Planning Services Engineer representative, Michelle Martin
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated March 29, 2017, and duly published
April 3, 2017, in the Greeley Tribune, a public hearing was conducted on May 17, 2017, to
consider the request of Richard and Betty Roos, Sr., for a Site Specific Development Plan and
Use by Special Review Permit, USR17-0009, for a Use permitted as a Use by Right, Accessory
Use, or 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 part of a map or plan filed
prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. At
that time, the Board deemed it appropriate to continue the matter to May 31, 2017, to allow all
five (5) Commissioners to be present. On May 31, 2017, Bob Choate, Assistant County Attorney,
made this a matter of record.
Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal and provided the location of the site in relation to relevant County roads. He reviewed
the applicant's intent to develop the property in two (2) phases to provide covered and uncovered
storage for RVs, trailers and automobiles, indoor mini -warehouse storage, office and work shop.
He described the proposed landscaping and maintenance, hours of operation with after hours
access, lighting, development plan, and number of employees. Mr. Gathman stated the facility
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will encompass most of the property and bottled water will be provided for employees with the
potential for a well and septic system in the future should there be a residence added to the site.
He further explained a dump station may be added in the future and these changes would require
an amendment to the USR. He indicated the applicant has been working with the fire district to
install a pressurized tank and water delivery system, proposed fire hydrants, and storage of water
in frac tanks to be used for fire suppression. Mr. Gathman described the proposed fencing,
screening, and landscaping. He stated the site is located within the three (3) mile referral area of
the Town of Dacono and the City of Northglenn, neither of which returned a referral response. He
reviewed the surrounding properties, residences and USRs, and reported a list of concerns
received from letters and phone calls in objection to the application, along with points of support
from additional correspondence. He further stated the applicants held a community meeting on
March 17, 2017, with notices sent to twelve property owners. Mr. Gathman displayed images and
entered the favorable recommendation of the Planning Commission into the record as written. In
response to Commissioner Conway, Mr. Gathman pointed out the location of the kennel. In
response to Chair Cozad, Mr. Gathman stated he would research the four (4) lots on the east side
for Recorded Exemptions.
• Evan Pinkham, Department of Public Works, provided a brief overview of the transportation
plans and requirements and stated an Access Permit has been approved, AP#17-00140, which
stipulates to utilize the new small commercial access on County Road (CR) 17. He reviewed the
average daily traffic counts, proposed traffic routes and stated the traffic narrative indicated
approximately 10-15 daily round trips. Mr. Pinkham stated there is no tracking control or
Improvements Agreement required. In response to Chair Cozad and Commissioner Kirkmeyer,
Mr. Pinkham provided the traffic counts and stated there is no documentation regarding peak
travel times. In response to Commissioner Kirkmeyer, Mr. Gathman stated the application
indicated at full buildout the facility will have up to 1,000 spaces.
Michelle Martin, Planning Services, on behalf of Hayley Balzano, Engineer representative,
presented the drainage and grading requirements to include relevant Conditions and
Development Standards related to Engineering.
re Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, stating a portable toilet is acceptable until the number of employees exceeds two (2).
She stated the well that is on -site will not be used for the business and if the applicant chooses
to put a residence on the site, a new well and septic system will be required. Ms. Light reiterated
if the applicant decides to construct a dump station, there is an additional permit needed. She
reviewed Development Standards 12-21 as typical Environmental Health items.
• Chair Cozad clarified the number of spaces per the application materials. Mr. Gathman
interjected the four (4) lots in question are not Recorded Exemption lots.
• Richard Roos, applicant, stated his intent to design the site in a way as to please the
neighbors and utilize landscaping to screen the facility as much as possible from the
neighborhood. He stated he made an effort to speak to as many neighbors as possible to acquire
feedback regarding the design. In response to Commissioner Conway, Mr. Roos stated the
setback is 100 feet from the center of the road to the back of the future building. He further
explained the buildings along that setback are lower profile buildings which assist with maintaining
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the line of site for the views of surrounding land owners. He also explained the timeline regarding
the ability to receive water service from the Central Weld County Water District, which led to other
designs with the fire district to include fire hydrants and the water storage tanks to meet the
requirements regarding fire protection measures. In further response to Commissioner Conway,
Mr. Roos gave a detailed explanation of his efforts to converse with the neighbors and some of
the suggestions that resulted and he stated he is aware of both the support and the opposition
regarding the facility.
Mr. Pinkham provided an answer for the most recent average daily traffic counts for CR 6
to include truck percentages.
re Jim Baxter, surrounding property owner (SPO), stated he is one of the four (4) residents
directly across the street from the facility. He expressed his concerns regarding the local dirt road
which cannot support the proposed commercial activity. He provided a stack of cards that he had
collected signatures on along with a vote of yes or no written by the various neighbors, marked
Exhibit H, and based on that feedback and his own opinions, he is not supportive of this endeavor.
Mr. Baxter cited concerns regarding the road conditions, traffic, lights shining in their windows at
night, chloride use on the roads, potholes, and the proposed commercial access on a residential
road.
Lois Poggensee, SPO, stated she lives directly across from the site and she is alarmed that
there has been presented a positive twist that the neighbors are in favor as that has not been her
experience in talking with the neighbors as far as CR 19 and CR 2. Ms. Poggensee stated there
will only be negative effects regarding property values, wear and tear on the roads, and safety.
She further stated this poorly affects her efforts regarding the neighborhood watch because she
will not be able to see over the trailers. She feels like the neighborhood has been misrepresented
as being in support and she asked the Commissioners to deny the application.
Tanya Leeper, SPO, provided a picture of her property overlooking the applicant's property
and stated she had one word: compatible. She insisted the application is not compatible, marked
Exhibit I, and consequently, she and her husband chose not to build a home on their property and
they are now residents of Larimer County. Ms. Leeper expressed her frustration with the applicant
inviting the neighbors to the neighborhood meeting the day of the meeting which did not give
anyone time to prepare. She is very disappointed that she cannot invest her life savings in this
property and remain close to her mom and she agreed with an earlier comment that country life
in Weld County is disappearing. Ms. Leeper asked the Commissioners not to let another piece of
Weld County country life disappear. In response to Commissioner Freeman, she pointed out her
property on the map.
Hazel Frank, stated she is not an adjacent SPO but considers herself a part of the bigger
neighborhood and she feels like the area is under assault from all these RV storage areas. She
asked the general question of why these are not in Adams County where there is plenty of land
already zoned Commercial and she answered her question stating it is because it is cheaper to
buy land in Weld County and get a USR. Ms. Frank submitted an aerial view picture describing
several RV lots in the area, marked Exhibit J. She stated she feels like she is being closed in by
RV Parks and they are not compatible. If approved, she suggested requiring berming with
evergreen trees, fencing with a nice wood fence all around the property to mitigate the values of
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the surrounding properties, and she requested some sort of accountability measure be put into
place regarding the mitigation. Ms. Frank reported the applicant purchased the property in August,
2016, and was aware that it was zoned Agricultural, yet intended all along to make it an RV lot,
and by giving the applicant a special right, it takes away the lifestyle and character of the
neighborhood and it will diminish the property values in the area.
• Bill Wycoff, SPO, stated he lives approximately two miles to the south and can easily see
this property from two or three windows in his house because of the lay of the land. He provided
handouts regarding the topography, marked Exhibit K, and reiterated this diminishes the property
values surrounding this site because it will always be visible. Mr. Wycoff requested the lack of
compatibility be considered.
• Mike Hathaway, SPO, stated he owns the kennel on the adjacent property and stated he
believes this to be a reasonable use for the property. He reported the area is getting busier, with
or without this business, and he appreciates the potential aspects of fire prevention, vermin
reduction, and flood retention and thinks this is a better use than some of the alternatives. He
clarified he does not stand to profit from the business as he is already at full capacity with his
kennel and regularly has to turn away customers.
• Rick Hulstrom, SPO, stated his family has been farming in that area for a long time and he
gave his experience with having an RV lot adjacent to his property and stated it is not secured,
never had a problem with criminals, traffic or noise. Mr. Hulstrom stated they have been farming
next to the Roos family for 40 years and they have always been a good neighbor.
El Pat Thorp, SPO, stated RV parks are unsightly and he is concerned with losing their million
dollar view and he is totally against it.
Mr. Roos addressed the height concerns and other concerns that were mentioned by SPOs.
He stated nothing can be done to prevent growth but he will do everything possible to hide the
facility from as many folks as possible. He further stated most patrons do not like to drive or park
RVs in the dark, so most traffic will be during daylight hours. Mr. Roos explained there would only
be one item on the property that is taller than the view and that would be a security camera system
on one pole. He repeated his intent for screening and landscaping with a wood fence and stone
columns and the site will be designed to maximize the view of the mountains and minimize the
view of the RVs. Mr. Roos also stated he put his cell phone number on the flyer and has offered
to meet with any of the neighbors. He further stated there is a lot of traffic out there already.
• In response to Chair Cozad, Mr. Roos stated he would have preferred the access to come
off of CR 6; however, to avoid contention, the Department of Public Works determined the access
location to be off of CR 17.
In response to Chair Cozad, Mr. Pinkham reviewed the distance requirements regarding the
Access Permit and not being able to make the spacing for the access to be off of CR 6.
Mr. Roos stated he has been talking with Weld County Public Works regarding the care of
the road in reference to dust and potholes. He refuted the argument that the road was too narrow.
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• In response to Commissioner Moreno, Mr. Roos reviewed the hours of operation.
• In response to Commissioner Conway, he explained his willingness to compromise on the
hours of operation based on input from the neighbors regarding late night entrance.
re Commissioner Kirkmeyer stated she knows the Roos family and they are good people, she
further stated she knows everyone in the room and everyone knows where she lives and how she
feels about RV parks. She clarified this is an Agricultural Zoned area, this is not a municipality,
and zoning is put in place to ensure compatibility not to dismiss the current zoning or potential
uses. She insisted the Board has the responsibility to follow the Code and what is in the State
statute and the findings must agree with the code and statutes in reference to the Agricultural
Zone. Commissioner Kirkmeyer stated the application is not consistent with the following Weld
County Code references: Section 23-2-230.B.1, Section 22-2-20.G (A.Goals 1, 2, 4, 7.1, or 9),
Section 23-2-230.6.2, Section 23-2-230.6.3, Section 23-2-230.6.4, and she cannot support this
application because this sort of development belongs in a municipal area and does not meet the
findings required for approval in the Agricultural Zone District.
▪ Commissioner Freeman stated he does not disagree with Commissioner Kirkmeyer and
cases like this do cause a struggle with decision making regarding anything that is permitted in
the Agricultural Zone that may not be directly related to agriculture. He further stated there are
many things important to rural Weld County that promote economic growth.
• Commissioner Moreno stated he was leaning toward it being compatible prior to
Commissioner Kirkmeyer's strong findings and he is re -reading the material and reconsidering.
e Commissioner Conway stated he is struggling regarding the hypocrisy due to municipalities
refusing to allow RVs in city limits thereby forcing these RV parks to be placed in rural areas. He
agreed with Commissioner Freeman that the Board has previously approved RV parks in other
areas of the County but he recognizes there seem to be many of them in the south part of the
County, and although change is occurring, he expressed the importance for consistency in
decision making. Commissioner Conway stated he is also considering private property rights and
how to move forward.
• Chair Cozad stated it is a difficult decision because it is possible to find findings to support
this application in Chapter 22 of the Weld County Code to include supporting conversion of land
and private property uses. She mentioned: A.Goal 4 to clarify there is no reason for derelict
vehicles, refuse or litter to be present on this property; A.Goal 7 regarding property owners' right
to apply for a land use change; A Policy 7.3 regarding the conversion of land uses; A.Goal 8
regarding adequate services which she pointed out the probability of mitigation to address the
dust and roadways, and while not thrilled with the access point on CR 17, it is possible to be
consistent with the intent of the Agricultural Zone through the Use by Special Review Permit
process and mitigation efforts that assist with compatibility with surrounding land uses and
impacts to neighbors with the Development Standards and Conditions of Approval with
consideration to the applicant's willingness to put in a wood privacy fence. Commissioner Cozad
stated the importance of storage which can be made compatible with surrounding land uses with
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adequate building permits and fee structures. Lastly, she stated because the land has not been
farmed for at least three years, it will not be removing prime farm land from agricultural use and
for these reasons, she can support this application with mitigation.
El Commissioner Kirkmeyer moved to deny the request of Richard and Betty Roos, Sr., for a
Site Specific Development Plan and Use by Special Review Permit, USR17-0009, for a Use
permitted as a Use by Right, Accessory Use, or 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 part of a map or plan filed prior to adoption of any regulations controlling
subdivisions in the A (Agricultural) Zone District. Commissioner Kirkmeyer reiterated her previous
findings already put on the record and stated again that the proposal is not consistent with the
Weld County Code, Section 22-2-100. Regarding urban development, it should be promoted near
urban services; however, the applicant has stated they still have to go out and get them.
Regarding C.Goal.1 to promote commercial development within municipalities and urban growth
areas, this area is neither a municipality nor an urban growth area. Regarding C.Goal.2
encouraging annexation is not being done. Commissioner Kirkmeyer expressed her appreciation
for the comments by her fellow Commissioners and agreed there are ways to go through the Code
to find support for either direction; however, the intent of the Agricultural Zone regarding
commercial uses is very clear and allowing RV Storage Facilities to pop up everywhere when they
have nothing to do with agriculture is not the intent.
le Commissioner Moreno stated he would second the motion for the sake of discussion, and
he expressed his continual struggle regarding the hypocrisy surrounding this decision and there
have been strong findings listed on either side.
El Commissioner Freeman stated it is a struggle between a Zone change and a USR, but with
a USR it provides the Board the ability to put controlling parameters in place. He further stated
changing the Zone to Commercial would not allow the controlling parameters.
Commissioner Conway concurred with Commissioner Freeman and reviewed a prior
Change of Zone with the relevance that there are benefits to the USR process in terms of
mitigating the concerns of the surrounding property owners.
Chair Cozad stated she agreed as well with the benefit of the ability to revoke the permit if
the applicant is out of compliance and it allows the Board to consider input and put parameters in
place. She further stated a Change of Zone does not make sense.
El Commissioner Kirkmeyer stated the Board approved a Change of Zone last week and it met
the Comprehensive Plan regarding allowing commercial development near major infrastructure
and major transportation systems. She further stated she understands the approval of an RV
Storage Center next to U.S. Highway 85, just south of La Salle. Commissioner Kirkmeyer stated
USRs are permanent and they stay with the property and she asked the Board to consider if
Commercial Zoning doesn't make sense in this area, then why does a commercial business
makes sense here?
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• Chair Cozad requested a roll call vote which resulted in the rejection of the motion to deny
the application on a 4-1 vote with Commissioner Kirkmeyer voting yes.
Commissioner Conway recommended changing Development Standard (DS) #4 regarding
the hours of operation from 24 hours a day and seven days a week to 5:00 a.m. to 10:00 p.m.,
seven (7) days a week. Mr. Roos agreed to compromise the hours further to be from 6:00 a.m. to
10:00 p.m., seven (7) days a week with the stipulation that access to the site outside of these
hours shall be by appointment only, with eight (8) hours advance notice. The Board agreed to this
change.
• Chair Cozad suggested amending Condition of Approval (COA) #1.C.5 to read, "The map
shall delineate the landscaping and wooden privacy fencing."
• Commissioner Conway mentioned the berming and trees that were suggested by the
neighbors and the concern that the landscaping would not be cared for. Mr. Roos stated he is
getting water from FRICO and agrees to care for the landscaping. Chair Cozad further suggested
inserting a new COA #1.C to read, "The applicant shall submit a Landscaping/Berming/Screening
Plan with input from surrounding property owners." The Board concurred.
le Chair Cozad asked for clarification regarding the Fire Protection District Plan requirements.
Commissioner Kirkmeyer requested documentation from the Fire District. Mr. Roos explained the
requirement has to be met to receive services and the design plan meets the spacing requirement
as well.
• Commissioner Kirkmeyer suggested amending DS #11 to specify maintenance of the
landscaping according to the approved Landscaping/Screening/Berming Plan. The Board agreed.
• Commissioner Kirkmeyer suggested reducing the number of spaces to reduce the impact.
Mr. Roos explained the number and type of spaces in the design. In response to Commissioner
Conway, Mr. Roos explained the first phase will have approximately 470 spaces. Commissioner
Freeman summed up the spaces to reflect 350 smaller spaces and 650 RV spaces in total and
Mr. Roos concurred.
• Chair Cozad summarized how this application meets the purpose and intent of the
Agricultural Zone by referencing the following code references: Section 23-1-40 (A.4, A.5, A.7,
A.8, A.9), Section 23-3-10 regarding the intent and purpose that provides for areas for the conduct
of Uses by Special Review. Commissioner Kirkmeyer objected to this explanation of the intent
and the two agreed to disagree.
• In response to Chair Cozad, Mr. Roos indicated he has reviewed, and agrees to abide by,
the Conditions of Approval and Development Standards, as amended.
• Commissioner Conway moved to approve the request of Richard and Betty Roos, Sr., for a
Site Specific Development Plan and Use by Special Review Permit, USR17-0009, for a Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
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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 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 Planning staff
and the Planning Commission, with the Conditions of Approval and Development Standards as
amended and entered into the record. The motion was seconded by Commissioner Moreno.
Commissioner Conway thanked the public for engaging in the process today and encouraged the
applicant to reach out to the neighbors. Commissioner Moreno agreed and further asked the
applicant to work with the neighbors. Commissioner Freeman stated although he is not a fan of
RV parks he is hopeful the community can work together and he insisted every USR has an
impact on the neighbors simply because it is new. Commissioner Kirkmeyer reiterated she does
not believe the application is consistent with Chapter 22, nor does it meet the intent of the
Agricultural Zone District and she does not believe the uses are compatible with existing or future
land uses and under the guise of protecting property rights; she stated the private property rights
of those who live already live there are being forgotten. Chair Cozad requested a roll call vote
which passed with four (4) Commissioners voting yes and Commissioner Kirkmeyer voting no.
There being no further discussion, the hearing was completed at 5:17 p.m.
This Certification was approved on the 5th day of June, 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: da,je to•e1
Weld County Clerk to the Board
BY
APP
ty Clerk to the Board
ounty Attorney
Date of signature: OCo ( ea (11
Ju
teve Moreno, Pr
Sean P. Conway
ike Freeman
EXCUSED DATE OF APPROVAL
Barbara Kirkmeyer
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