HomeMy WebLinkAbout20170913.tiffHEARING CERTIFICATION
DOCKET NO. 2017-29
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR17-0003, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE OR
A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (OFFICE AND STORAGE FACILITY FOR A SEED DEALERSHIP AND
INDOOR AND OUTDOOR STORAGE OF RVS, BOATS, CONSTRUCTION EQUIPMENT,
COMMERCIAL VEHICLES, TRAILERS, AND SEMI -TRUCKS) 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 -
GEORGE L. SANDBERG IRREVOCABLE TRUST FBO, JENNIFER LYNN SANDBERG,
AND GEORGE L. SANDBERG IRREVOCABLE TRUST FBO, MICHELLE KAY
SANDBERG, CIO WINTER SEED AND AG SERVICES, LLC
A public hearing was conducted on April 12, 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
Public Works Department representative, Janet Lundquist
Planning Services Department representative, Diana Aungst
Planning Services Engineer representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
El I hereby certify that pursuant to a notice dated March 3, 2017, and duly published March 8,
2017, in the Greeley Tribune, a public hearing was conducted to consider the request of
George L. Sandberg Irrevocable Trust, FBO, Jennifer Lynn Sandberg, and George L. Sandberg
Irrevocable Trust, FBO Michelle Kay Sandberg, c/o Winter Seed and Ag Services, LLC, for a Site
Specific Development Plan and Use by Special Review Permit, USR17-0003, for any Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (office and storage facility for a seed dealership and indoor and outdoor
storage of RV's, boats, construction equipment, commercial vehicles, trailers, and semi -trucks)
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.
(Clerk's Note: Prior to today's hearings, Chair Cozad reviewed, for the public, the procedures
to follow should either case result in a tie vote due to four Commissioners being present and one
Commissioner excused.)
Gc PLCOa,
, C -r,, C SF. 2017-0913
PL2466
5 / / 17
HEARING CERTIFICATION - GEORGE L. SANDBERG IRREVOCABLE TRUST FBO
JENNIFER LYNN SANDBERG, AND GEORGE L. SANDBERG IRREVOCABLE TRUST FBO,
MICHELLE KAY SANDBERG, 0/O WINTER SEED AND AG SERVICES, LLC (USR17-0003)
PAGE 2
• Diana Aungst, Department of Planning Services, presented a brief summary of the proposal
and stated the proposal is compatible with the existing surrounding land uses. She explained staff
recommends removing Development Standard (DS) #4 referring to hours of operation, as it will
operate 24 hours a day, seven days a week. She stated the site is located within the three (3)
mile referral area of the Towns of Gilcrest and La Salle, and the City of Evans, and is located
within the Intergovernmental Area (IGA) for the Town of La Salle. Furthermore, the Town of
La Salle is requesting landscaping since the parcel is located along the U.S. Highway 85 corridor.
Ms. Aungst stated 19 referrals were sent out and 11 referrals were received. She said the
applicant will no longer be pursuing the use of the railroad right-of-way. Ms. Aungst pointed out
the closest residence is 553 feet from the site; however, no correspondence was received from
that surrounding property owner. She entered the favorable recommendation of the Planning
Commission into the record as written. Ms. Aungst displayed photos of the site and the phases,
stating phase two will be covered RV storage and the outdoor storage component will be removed.
Janet Lundquist, Department of Public Works representative, provided a brief overview of
the transportation plans and requirements. She explained the access for the property will be on
County Road 46 and is part of Access Permit, AP17-00070. Ms. Lundquist explained the current
traffic count shows 30% truck traffic, with 20 daily round trips, so staff is requesting tracking
control, but will not need an improvements agreement.
• In response to Commissioner Kirkmeyer, Ms. Lundquist stated the Access Management
Plan will require the access point at CR 35 and Highway 85 to be closed in the future, they
meaning will eventually only have the access at CR 46 and will need to travel east.
Hayley Balzano, Planning Services Engineer representative, presented the drainage and
grading requirements. She reported that a final drainage report and certificate of compliance must
be submitted prior to recording the USR map.
El Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions. She explained that Central Weld County Water District will provide water and the
applicants have indicated they will be installing a new septic system.
• Jeff Winter, applicant, gave the details for the two (2) businesses; one being a seed
dealership, and the other a RV storage called "Big Ben RV Storage." He noted there will be four
(4) owners and the hours of operation will be 24 hours a day, seven days a week and customers
will have access to the RV storage area through the security gate. Mr. Winter clarified the
businesses on the parcel will generate a small amount of semi -truck traffic and reported the sales
contract is finalized and he has purchased the property, so the Wertz's no longer own the property.
(Clerk's Note: the ownership is modified throughout pursuant to documents provided following the
hearing, marked Exhibit D.)
• No public testimony was offered concerning this matter.
2017-0913
PL2466
HEARING CERTIFICATION - GEORGE L. SANDBERG IRREVOCABLE TRUST FBO
JENNIFER LYNN SANDBERG, AND GEORGE L. SANDBERG IRREVOCABLE TRUST FBO,
MICHELLE KAY SANDBERG, C/O WINTER SEED AND AG SERVICES, LLC (USR17-0003)
PAGE 3
• In response to Chair Cozad, Mr. Winter indicated he has reviewed, and agrees to abide by,
the Conditions of Approval and Development Standards, as amended.
Chair Cozad made known that the Colorado Department of Transportation (CDOT) and the
Railroad have proposed to close some roads and access points along Highway 85 and the
applicant will need to account for that in their future business phase.
Commissioner Kirkmeyer presented the details of the Access Management Plan, for
improving the roads along the U.S. Highway 85 corridor, pursuant to an Intergovernmental
Agreement among thirteen (13) entities including the Colorado Department of Transportation.
She suggested noting on the plat that the access point will close. She stated she agrees with the
Town of La Salle about needing landscaping; especially along the U.S. Highway 85 corridor and
she asked Mr. Winter about his plan.
In response to Commissioner Kirkmeyer, Mr. Winter explained he doesn't have a formal plan
for landscaping, but would like to have landscaping that will conserve water and be low
maintenance.
Chair Cozad requested clarification of the future phases of the business proposal. In
response to Chair Cozad, Mr. Winter stated he anticipates the final build out to be completed
within the next five (5) years. Commissioner Kirkmeyer agrees with the town of La Salle, that
because his parcel is located at the gateway of La Salle, landscaping and screening is necessary.
Commissioner Kirkmeyer stated she would like something that looks nice along the U.S. Highway
85 corridor but didn't believe it needed to be the entire perimeter of the property and suggested
Mr. Winter put together a plan showing landscaping and would like "or landscaping added to
Conditions of Approval (COA) #1.C.6.
• Ms. Lundquist proposed language for the plat. Following discussion and emails the Board
agreed to the following, in accordance with U.S. Highway 85 Access Control Plan CR 35 access
to U.S. Highway 85 may be closed in the future which could potentially impact a haul route to the
USR property, per Exhibit E.
▪ In response to Commissioner Moreno, Mr. Winter explained he doesn't have formal plans
for the lighting he will use on site.
IR Chair Cozad reiterated the changes that were made to Conditions of Approval (COA) #1. C.6
to add "or landscaping,"#13 to add a note to the plat stating that CR 35 could be closed in the
future which could potentially impact a haul route to USR property.
El Commissioner Moreno moved to approve the request of Delbert and Rosalie Wertz, do
Winter Seed and Ag Services, LLC, sold to George L. Sandberg Irrevocable Trust FBO, Jennifer
Lynn Sandberg and George L. Sandberg Irrevocable Trust FBO, Michelle Kay Sandberg, for a
Site Specific Development Plan and Use by Special Review Permit, USR17-0003, for any Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
2017-0913
PL2466
HEARING CERTIFICATION - GEORGE L. SANDBERG IRREVOCABLE TRUST FBO
JENNIFER LYNN SANDBERG, AND GEORGE L. SANDBERG IRREVOCABLE TRUST FBO,
MICHELLE KAY SANDBERG, 0/O WINTER SEED AND AG SERVICES, LLC (USR17-0003)
PAGE 4
Industrial Zone Districts (office and storage facility for a seed dealership and indoor and outdoor
storage of RV's, boats, construction equipment, commercial vehicles, trailers, and semi -trucks)
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 Freeman, and it carried unanimously. There
being no further discussion, the hearing was completed at 10:32 a.m.
This Certification was approved on the 17th day of April, 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO ADO
ATTEST: d ) V ;e 2 Lf -7-Thf,d
Ju ie A. Cozad, Chair Ci
Weld County Clerk to the Board
f Steve Moreno, Pro -Tern
BY.0%' J.I ytO"
uty Clerk to the Board ��� +�•� EXCUSED
County Attorney
Date of signature: 5r-1 ! I -1
rbara Kirkmeyer
2017-0913
PL2466
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