HomeMy WebLinkAbout20172154.tiffHEARING CERTIFICATION
DOCKET NO. 2017-60
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR17-0017, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS
(AN OUTDOOR RV, BOAT, VEHICLE STORAGE FACILITY ALONG WITH AN OFFICE
AND DUMP STATION), 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 - SURPRISE PROPERTY
DEVELOPMENT, LLC
A public hearing was conducted on August 2, 2017, at 10:00 a.m., with the following present:
Commissioner Julie A. Cozad, Chair
Commissioner Steve Moreno, Pro-Tem
Commissioner Sean P. Conway - EXCUSED
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Stephanie Frederick
Assistant County Attorney, Bob Choate
Planning Services Department representative, Chris Gathman
Public Works Department representative, Evan Pinkham
Planning Services Engineer representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated June 2, 2017, and duly published
June 7, 2017, in the Greeley Tribune, a public hearing was conducted to consider the request of
Surprise Property Development, LLC, for a Site Specific Development Plan and Use by Special
Review Permit, USR17-0017, for any Use permitted as a Use by Right, Accessory Use, or Use
by Special Review in the Commercial and Industrial Zone Districts (an outdoor RV, boat, vehicle
storage facility along with an office and dump station), 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. Bob Choate, Assistant
County Attorney, made this a matter of record.
Chair Cozad reviewed for applicants, Mary and Bill Young, the procedures to follow should
the case result in a tie vote due to four Commissioners being present and Commissioner Conway
being excused.
El Chris Gathman, Department of Planning Services, presented a summary of the proposal for
an outdoor storage unit, stating the facility will be fenced and the applicants have proposed 24 -
hour access; however, the Planning Commission recommended limiting the hours. He stated the
cc. PLC e(m/Cc_,)r( CHB). Ht. CL.L),C-vac TT)
cif tWI7
2017-2154
PL2485
HEARING CERTIFICATION - SURPRISE PROPERTY DEVELOPMENT, LLC (USR17-0017)
PAGE 2
facility will be completed in two (2) to three (3) phases; an office trailer is proposed to be placed
on the site to oversee operations. Mr. Gathman reported there will be approximately 1,285
parking and storage spots and the applicant is requesting a larger sign then what is allowed. He
stated staff received concerns from two (2) neighboring property owners, in regards to lighting
and proper screening for the site. Mr. Gathman noted there is already a RV storage faci located
near and the site is within the three (3) mile referral area of the Towns of Dacono, Frederick, and
the City of Thornton. He reviewed the terms which are outlined in the letter from the Town of Erie.
He stated staff received letters of concerns, which were addressed through the Conditions of
Approval. He displayed photographs and slides of the site and entered the favorable
recommendation of the Planning Commission into the record as written.
• Evan Pinkham, Department of Public Works representative, provided a brief overview of the
transportation plans and requirements. Mr. Pinkham explained the access is on the 1-25 Frontage
Road so the applicant will need to work with the Colorado Department of Transportation.
• Hayley Balzano, Planning Services Engineer representative, presented the drainage and
grading requirements. She stated the applicant will need to submit a final drainage report, prior to
recording the map, and this in a Geologic Hazard Overlay District, therefore, the applicant will
need to apply for a Geologic Hazard Development Permit. She reviewed the sections of the
Resolution which pertain to the engineering requirements.
• Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions. She stated portable toilets can be used, and water and a septic system will be installed
in the office/living quarters. Ms. Light stated there will be an RV dump station constructed. She
suggested that Development Standard #19 can be deleted.
• Mary Young, applicant, presented background on the site and stated she discussed with
her family the best use of the property, along 1-25.
• GeneII Hulstrom, adjacent neighbor, reported she doesn't have any concerns with another
storage unit being located close to her.
• Bill Young, applicant, reported he recently spoke with his neighbor about some of his
concerns that were presented during the Planning Commission hearing. Mr. Young suggested
solutions to the concerns. In response to Cozad, Mr. Young requested the hours of operation be
24 hours, seven (7) days a week.
• In response to Commissioner Moreno, Mr. Young explained there will be an employee that
will live on the site. Mr. Young explained the areas where they are planning landscaping for
screening purposes.
Commissioner Kirkmeyer stated she would support this proposal because it supports the
intent of a C-3 or C-4 (Commercial) Zone. She stated she has concerns with the language stated
in the application for Recreational Vehicle Storage, because RV's are defined as a dwelling unit.
She explained she can't find any use that includes RV storage in the Commercial or Industrial
Zone, and RV vehicles are not covered by language about outdoor storage.
2017-2154
PL2485
HEARING CERTIFICATION - SURPRISE PROPERTY DEVELOPMENT, LLC (USR17-0017)
PAGE 3
• Mr. Choate referred to Section 23-3-40.S which includes uses that would otherwise be
permitted in the Commercial and Industrial Zone Districts, which authorizes various USR permits
"for uses that are like, the uses that are listed above." Commissioner Kirkmeyer stated the Code
doesn't allow for dwelling units in Commercial and Industrial Zones, furthermore, the definition
defines recreational vehicles as vehicles designed to be used as a dwelling for travel, recreation
and vacation uses.
Chair Cozad stated this is like the uses in the C-3 and C-4 (Commercial) zone district, and
there is RV storage and RV sales along 1-25. She also referred to Uses Allowed by Right under
Sections 23-3-230 and 23-3-240, specifically a Commercial or private Parking Lot.
• Mr. Choate clarified the definition for recreational vehicle and the definition for "dwelling unit."
He stated there isn't any language in the dwelling definition to refer to recreation vehicle, it is
within the Board's discretion to determine whether it is a similar use.
e Commissioner Kirkmeyer suggested deleting Condition of Approval (COA) #1.C, because
weed control and drainage are already covered under the other Development Standards and
#1. E should also be deleted. She stated this is between the applicant and the school district.
Commissioner Kirkmeyer noted on the landscaping and screening plan a fence with slates won't
be allowed. She suggested deleting COA #G.5 and amend G.12 to add landscape. She modified
Development Standard #16 to the Industrial zone for the noise limits.
• In response to Chair Cozad, Mr. Young stated they would like an eight (8) foot by twenty
(20) foot sign. Mr. Gathman clarified in the A (Agricultural) Zone the applicant is allowed a sign
up to 150 square feet. Commissioner Kirkmeyer stated she would like to allow the size to be the
same that is allowed in the C-4 (Commercial) Zone.
el Ms. Balzano referred to criteria paragraph #2.E and COA #1.H which is the standard
language for the Geologic Hazard Overlay District.
10 Mr. Gathman referenced the referral letter from the Town of Erie in COA #1.G and stated the
size of the sign shall adhere to specified in the Code.
• Mr. Choate suggested adding the words "Commercial Zone District" to COA #1.I.7.
• Chair Cozad reviewed the modifications and deletions of the resolution for the applicant.
• In response to Chair Cozad, Mr. Young indicated he has reviewed, and agrees to abide by,
the Conditions of Approval and Development Standards, as amended.
le Commissioner Kirkmeyer stated she is in support of the location of the proposed RV Storage
because it along the 1-25 corridor and there is another RV storage facility nearby. She explained
it meets the intent of the C-3 or a C-4 Zone District and requested the Resolution findings also
cite consistency with A.Goal 4, A.Policy 7.1, A.Goal 8, and A.Goal 9, as well as compatibility with
2017-2154
PL2485
HEARING CERTIFICATION - SURPRISE PROPERTY DEVELOPMENT, LLC (USR17-0017)
PAGE 4
the intent of the Uses Allowed by Right in the C-3 and C-4 Zone Districts, as previously stated by
Chair Cozad.
El Commissioner Kirkmeyer moved to approve the request of Surprise Property Development,
LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0017, for
any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial and Industrial Zone Districts (an outdoor RV, boat, vehicle storage facility along with
an office and dump station), 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, and
as entered into the record. The motion was seconded by Commissioner Freeman, and it carried
unanimously.
Commissioner Kirkmeyer clarified for the applicant in COA #1.D they shall "attempt" to
address the requirements of the Farmers Reservoir and Irrigation Company. She explained the
ditch companies add requirements that are not always in favor of applicants. Chair Cozad
requested the applicant submit written evidence on how they attempted to address FRICO'S
concerns. There being no further discussion, the hearing was completed at 10:53 a.m.
This Certification was approved on the 7th day of August, 2017.
BOARD OF COUNTY COMMISSIONERS
WELD OU. TY, CO OR DO
ATTEST: ddx
Weld County Clerk to the Board
County Attorney
Date of signature: 91 CG ( ( -1
Ju ie A. Cozad, Chair
Steve Moreno, Pro -Tern
rbara Kirkmeyer
2017-2154
PL2485
ZIP
(y)
Op
'7c,,
r.J
b,
,.(,
N(
..)
�
Oc
,
4'
_
il
�
-f--)
�
0
,,,.
`a
1(
.,_
�
0o
.$)
(�;
C>c
71---
p
4°
V
e)(,)
S
3
CITY
0
:
9-)
.4
Si,
-D
61L.c'
k4)-
1-1)
f--,-._
kz'Ql
.?
ADDRESS I
5
zi,
--'
u%
i.
(--
,,
p
k,
-
v\--')
i
N
.,
W
_
v
v
v
\,,
--
/
c-6
r.
N
o
—
-
o
''
--r
Ml
EMAIL I
v
.� n') O7 C ca.5,4 ✓Iet
NAME - PLEASE PRINT LEGIBLY
V
-7
0
9
L
Hello