HomeMy WebLinkAbout20172836.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 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
USR 17-0018
HAROLD & LINDA AMERIN. JR.
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL USE 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 (OUTSIDE RECREATIONAL VEHICLE, BOAT AND WATER CRAFT
PARKING, STORAGE AND STAGING), 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,
W1 /3S2 SECTION 3, T1 N. R67W OF THE 6TH P M., WELD COUNTY. COLORADO.
NORTH OF AND ADJACENT TO CR 12 SECTION LINE AND EAST OF AND
ADJACENT TO CR 19
be recommended favorably 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 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.7 - A.Policy 7.1. County land use regulations should support commercial and
industrial uses that are directly related to, or dependent upon, agriculture, to locate within the
agricultural areas, when the impact to surrounding properties is minimal, or can be mitigated, and
where adequate services are currently available or reasonably obtainable.
Section 22-2-20.G.7 - 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."
B. 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.
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 USR map:
A. County Road 19 has been annexed by the City of Dacono. Access and right-of-way requirements will
be determined by the City. (Department of Planning Services - Engineer)
B. The USR map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR17-0018 (Department of Planning Services)
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RESOLUTION USR17-0018
HAROLD & LINDA AMERIN, JR
PAGE 2
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 adhere to the Uniform Baseline Standards established and adopted by
Ordinance 201 and ordinance 201-A dated August 24, 1998 and amended September 6, 2000 for
all site development plans. (Department of Planning Services)
5. 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)
6. 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 19 and County
Road 38, the screening plan shall address screening from residential properties to the west of the
proposed use. (Department of Planning Services)
7 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)
8. 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)
9. The map shall delineate the parking area for the vendors, customers and/or employees.
(Department of Planning Services)
10. The applicant shall show the drainage flow arrows. (Department of Planning Services -Engineer)
11. Show and label the parking. (Department of Planning Services -Engineer)
12. Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study.
(Department of Planning Services - Floodplain)
13. County Road 19 has been annexed by the City of Dacono. The applicant shall verify the right-of-
way and delineate the right-of-way on the site plan. All setbacks shall be measured from the
edge of right-of-way. (Department of Planning Services)
14. County Road 12 Section Line is shown to have 30 feet of unmaintained section line right-of-way
per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-way
on the site plan. All setbacks shall be measured from the edge of right-of-way. (Department of
Public Works)
15. Show the approved City of Dacono access(es) on the site plan and label with the approved
access permit number if applicable. (Department of Public Works)
16 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 - Engineer)
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RESOLUTION USR17-0018
HAROLD & LINDA AMERIN. JR.
PAGE 3
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 map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the map the applicant shall submit a Mylar map along with all other
documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the
Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar 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 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 mapsr�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)
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 Terry Cross.
VOTE:
For Approval
Bruce Sparrow
Cherilyn Barringer
Jordan Jemiola
Michael Wailes
Terry Cross
Tom Cope
Gene Stille
Against Approval Absent
Bruce Johnson
Joyce Smock
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.
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RESOLUTION USR17-0018
HAROLD & LINDA AMERIN. JR
PAGE 4
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,
Coloradoadopted on July 18. 2017.
Dated the 18th of July. 2017
43Nthant-d .4trohiset_
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Harold and Linda Amerin
USR17-0018
1. A Site Specific Development Plan and Use by Special Use Permit, USR17-0018 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
(outside recreational vehicle, boat and water craft parking, storage and staging), 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 hours of operation 8:00 a.m. - 5:00 p.m. Monday - Saturday for onsite personnel. (Department of
Planning Services)
4. The number of on -site employees shall be 3. (Department of Planning Services)
5. The RV Parking area is accessible 24 hours day/ 7 days a week. (Department of Planning Services)
6. The parking area on the site shall be maintained. (Department of Planning Services)
7. 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)
8. The landscaping/screening on the site shall be maintained. (Department of Planning Services)
9. Any improvements and new construction in the floodplain require a Flood Hazard Development Permit.
(Department of Planning Services - Floodplain)
10. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map #08123C -2084E effective date January 20, 2016 (Little Dry Creek Floodplain).
Any development shall comply with all applicable Weld County requirements, Colorado Water
Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in
Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. The
FEMA definition of development is any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation, drilling operations, or storage of equipment and materials. (Department of Planning Services -
Floodplain)
11. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain boundaries
have been modified. (Department of Planning Services - Floodplain)
12. Outdoor storage is not allowed in the floodplain. (Department of Planning Services - Floodplain)
13. 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)
14. 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)
15. 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)
RESOLUTION USR17-0018
HAROLD & LINDA AMERIN. JR
PAGE 6
16. 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)
17. 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)
18. 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)
19. RV dump stations shall be connected to an appropriately engineer designed On Site Wastewater
Treatment System which complies with all provisions of the Weld County Code, pertaining to Individual
Sewage Disposal Systems. (Department of Public Health and Environment)
20. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department
of Public Health and Environment)
21. 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)
22. 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)
23. The property owner shall control noxious weeds on the site. (Department of Public Works)
24. The property owner did not apply for a potable water tap. If at any time a tap is placed on this parcel, the
parcel will need to be included within both the Northern Colorado Water Conservancy District and the
Municipal Subdistrict, Northern Colorado Water Conservancy District boundary as this parcel is currently
outside of both of these boundaries. (Northern Colorado Water Conservancy District)
25. Water may not be hauled from elsewhere in Central Weld County Water District for benefit of this parcel
until appropriate petitioning is completed. (Central Weld County Water District)
26. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Planning Services)
27. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services - Engineer)
28. 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)
29. 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)
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RESOLUTION USR17-0018
HAROLD & LINDA AMERIN JR
PAGE 7
30. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
31, 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.
32 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.
33. 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.
34. 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
35. 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.
RESOLUTION USR17-0018
HAROLD & LINDA AMERIN, JR
PAGE 8
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.
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
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Tuesday, July 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,
Joyce Smock, at 12:30 pm.
Roll Call.
Present: Bruce Johnson, Bruce Sparrow, Cherilyn Barringer, Gene Stille, Jordan Jemiola, Joyce Smock,
Michael Wailes, Terry Cross, Tom Cope.
Also Present: Kim Ogle, 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 June 20, 2017 Weld County Planning Commission minutes, Moved by Jordan
Jemiola. Seconded by Tom Cope. Motion passed unanimously.
CASE NUMBER: USR17-0018
APPLICANT: HAROLD & LINDA AMERIN, JR
PLANNER: KIM OGLE
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL USE 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 (OUTSIDE RECREATIONAL VEHICLE, BOAT AND WATER CRAFT
PARKING, STORAGE AND STAGING), 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.
LEGAL DESCRIPTION. W1/3S2 SECTION 3, T1N, R67W OF THE 6TH P M., WELD COUNTY,
COLORADO
LOCATION. NORTH OF AND ADJACENT TO CR 12 SECTION LINE AND EAST OF AND
ADJACENT TO CR 19
Kim Ogle, Planning Services, presented Case USR17-0018, reading the recommendation and comments
into the record. The site is located within the Intergovernmental Agreement area for the Town of Frederick
and the City of Dacono. The City of Dacono returned a signed Notice of Inquiry received March 1, 2016
stating their objection to the proposed development as the use outside recreational vehicle parking is not
an allowed use in the City. Mr. Ogle added that according to Section 19-2-60.C.A states that if the City of
Dacono's objection to a recommendation of a disapproval of development proposal is based upon a conflict
or incompatibility between proposed uses in development and the City's anticipated zoning classification of
property, the County will not approve the same. The Department of Planning Services recommends denial
of this application based on the Intergovernmental Agreement with the City of Dacono and their
recommendation that requested use property noncompliant with their municipal code. Should the Planning
Commission approve this request, staff recommended including the conditions of approval and
development standards.
Mr. Ogle recommended additional changes to the staff report. Under Section 23-2-22.A, he recommended
adding the following language be added to the 2nd paragraph "The City of Dacono sent a second referral
dated May 1. 2017 stating "The City of Dacono is opposed to any application seeking outdoor storage for
the primary use of creational vehicles, boats and water craft parking, storage and staging".
Additionally, Mr. Ogle requested to add a new Development Standard 1.B.4 to read "The applicant shall
adhere to the Uniform Baseline Standards established and adopted by Ordinance 201 and Ordinance 201-
A dated August 24, 1998 and amended September 6. 2000 for all site development plans".
Evan Pinkham, Public Works, reported on the existing traffic and access to the site. Mr. Pinkham noted
that County Road 19 was recently annexed by the City of Dacono: therefore. this portion of the road is
1
under Dacono's jurisdiction. He added that County Road 12 is Section Line and not maintained by Weld
County.
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.
Sheri Lockman, 36509 CR 41, Eaton, Colorado, stated that the applicants are proposing a storage facility
for recreational vehicles and boats. She added that the large population growth in Weld County, along with
many town's strict enforcement of the parking of RVs and boats within their limits, has caused an expanded
need for such storage facilities.
Ms. Lockman said that according to the City of Dacono's Comprehensive Plan, this site is designated as
open space and that leaves the applicant with no development options. She added that they have spoken
with the City of Dacono several times and were surprised by their second referral response in opposition.
She added that they believe this site is compatible and further they do not believe that the City's reason for
opposition to this facility is supported by an intergovernmental agreement.
Ms. Lockman said that Todd Hodges, Planner for Ft. Lupton expressed interest of annexing this property;
however, the applicants are not interested in annexing into Ft. Lupton.
Ms. Lockman referred to Development Standard 5 and asked if they could receive input from surrounding
landowners to the west on how they can screen the site and address their visual concerns.
Commissioner Cope asked to clarify where the entrance to the facility is. The applicant stated that the
entrance is from County Road 12, which is an unmaintained roadway. Mr. Cope said that he understood
according to the application that the entrance is from County Road 19. Ms. Lockman said that they consider
the entrance from County Road 19 since County Road 12 is not maintained by Weld County. She added
that County Road 12 is 30 feet of unmaintained Weld County road.
Commissioner Jemiola said that assuming it is approved the applicant would still need access from the City
of Dacono. Mr. Ogle replied yes. Mr. Jemiola further stated that the applicant could build this facility and
not have access to it. Mr. Ogle said that there would need to be an access agreement to enter into a
publicly maintained road.
Commissioner Johnson asked counsel to what extent does the County interpret these Intergovernmental
Agreements as to who has the flexibility to massage this thing in the manner it needs to be. Bob Choate,
County Attorney, said that as it relates to the agreement with Dacono there are some findings that you need
to make if you are going to recommend favorably that the development be approved over Dacono's
objection. For example, in Dacono's referral they have objected to the use saying that the development is
incompatible or in conflict with the proposed uses in Dacono's zoning classification as they call it open
space. The Board of County Commissioners can approve it over their objection if they find that the conflict
or incompatibility is unlikely to occur, suitable mitigation measures to be imposed as conditions of approval
will eliminate or adequately mitigate those consequences.
Mr. Choate added that he doesn't know if Dacono issues access permits and if not it then it may not be an
impediment to the applicant.
Commissioner Stille referred to Dacono requesting this as open space and asked if it can be construed as
a taking. Mr. Choate said that just putting the anticipated zoning in their plan outside of their boundaries is
not. If it were going to be a taking it would have to be directly applicable to that property and Dacono would
need to have authority to do that.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Ron Haake, 5387 CR 19, stated that he is opposed to the storage facility and expressed concern of the
sight of storage facility and property values. He is also concerned with traffic and the poor visibility with
hills on either side of the entrance.
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Margie Haake, 5387 CR 19. said that there are so many trucks on that road and added that there will be so
many accidents.
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. Ms. Lockman stated that they submitted a landscape
plan that they felt was aesthetically pleasing so they would request that Development Standard 5 be
removed. However, if there is more landscaping or screening required they would like to know what
additional type of screening would be requested. Mr. Ogle said that the applicant did submit a screening
plan and they have trees that are defined 40 feet on center. He added that it also appeared the applicant
is proposing a chain link fence. Mr. Ogle said that according to the Weld County Code an opaque fence is
required for outside storage and added that there are a variety of different ways they can do that. Ms.
Lockman said that they can look into some kind of an opaque fence so they will have that for the Board of
County Commissioner hearing. She added that at this time they agree to that development standard.
Mr. Ogle referred to his suggested changes of adding an additional sentence to Section 23-2-220.A.4 as
well as adding a new Development Standard 1.B.4.
Motion: Amend Staff Report as suggested by Staff, Moved by Terry Cross, Seconded by Jordan Jemiola.
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 Sparrow said that he feels that Dacono wants to control a piece of property, yet they don't
want to annex it and added that they want to limit the owner's ability to profit from it. He said that the
proposed use can easily be converted into open space in the future, if the City wants to purchase it from
the landowner.
Commissioner Jemiola agreed with Mr. Sparrow's comments.
Commissioner Wailes agreed with those comments as well. He said that the outcome that the City of
Dacano is looking for derails the entire public process. He added that it doesn't give the applicant the
opportunity to speak about his project and doesn't give the public the opportunity to speak about the project.
Mr. Wailes said that he has a couple of these facilities near where he lives and although it is not necessarily
something you would choose to live by it has not had the impact on his neighborhood that he thought it
would have. From his personal experience, it is the least intensive use allowed as a USR.
Commissioner Johnson said that the applicant probably didn't know about the Intergovernmental
Agreement when he purchased the property. He is concerned with accessing from a 30 foot right-of-way
to the facility.
Commissioner Cope said that the whole idea of the IGA is that towns have a little bit of say potentially with
what may happen around them and hoping the County, who has jurisdiction, will agree. He disagrees with
the idea that just because Dacono doesn't have this type of zoning in their town that they recommend denial
on this property; however, the county still has to take the IGA into account. He agrees that is probably the
right project in the right area but he will probably vote unfavorably due to the IGA.
Commissioner Stifle stated that he is concerned that Dacono is taking the applicant's property since they
can't get an access and do what they want to do with their property.
After discussion with County Attorney Choate. Commissioner Cope explained that he did not believe that
the City of Dacono's objection was based upon an incompatibility between the proposed development
and the City's proposed zoning for the property, but instead was based on Dacono's objection to having
this development in any zone in the City. Therefore. he didn't believe the IGA was applicable to this case,
pursuant to Section 19-2-60 C.8
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Motion: Forward Case USR17-0018 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 Gene Stille, Seconded by Terry Cross.
Vote: Motion passed (summary: Yes = 7, No = 2).
Yes: Bruce Sparrow, Cherilyn Barringer, Gene Stille, Jordan Jemiola, Michael Wailes, Terry Cross, Tom
Cope.
No: Bruce Johnson, Joyce Smock.
Commissioner Jemiola cited Section 23-2-220.A.1 as he believes the proposed use is consistent with
Chapter 22. He also believes it is compatible with Section 22-2-20.G.7 and 23-2-220.A.4.
Commissioner Cope stated that he believes it is compatible within the County and understands that Dacono
has an IGA; however, in this particular case he doesn't believe it is necessarily applicable.
Commissioner Wailes cited Section 23-2-220.A.1, specifically as it relates to 22-2-20.G.A.7 to Policy A.7.2
which is the compatibility issue. Additionally, he cited Section 23-3-40.D relating to public utilities as being
a listed item in the agricultural zone as a USR possibility.
Commissioner Stille suggested that the County Commissioners might want to address the IGA's to shore
these things up so that there aren't conflicts like this.
Commissioner Sparrow said that this would be the easiest thing to approve for Dacono to convert later to
open space.
Commissioner Smock likes the long range planning that Dacono seems to have done; however, she agrees
that the landowner has rights to develop his property how he wants to.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss.
Commissioner Johnson said that he attended a meeting this morning and there was a concern of non-ag
uses coming out into the County and causing issues to the agricultural uses. Commissioner Sparrow
agreed with Mr. Johnson and said that staff cannot pull up a map anymore without three or four USR's
around the proposed developments.
Commissioner Jemiola commended Ms. Smock on her many years of service to the Planning Commission.
The Planning Commission agreed and appreciated her preparation for the hearings.
Meeting adjourned at 2:00 pm.
Respectfully submitted.4tei,ounet,
Kristine Ranslem
Secretary
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
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Tuesday, May 16, 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 Johnson, Bruce Sparrow, Cherilyn Barringer, Gene Stille, Joyce Smock, Terry Cross, Tom
Cope.
Absent: Michael Wailes and Jordan Jemiola.
Also Present: Kim Ogle and Chris Gathman, Department of Planning Services; Hayley Balzano,
Department of Planning Services — Engineering Division; Lauren Light and Ben Frissell, Department of
Health; Janet Lundquist and Evan Pinkham, Public Works; Bob Choate, County Attorney, and Kris
Ranslem, Secretary.
Motion: Approve the May 2, 2017 Weld County Planning Commission minutes, Moved by Terry Cross,
Seconded by Tom Cope. Motion passed unanimously.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION
LOCATION:
USR17-0018
HAROLD & LINDA AMERIN, JR.
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL USE 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 (OUTSIDE RECREATIONAL VEHICLE, BOAT AND WATER CRAFT
PARKING, STORAGE AND STAGING), 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.
W1/3S2 SECTION 3, T1N, R67W OF THE 6TH P.M., WELD COUNTY,
COLORADO
NORTH OF AND ADJACENT TO CR 12 SECTION LINE AND EAST OF AND
ADJACENT TO CR 19
Kim Ogle, Planning Services, presented Case USR17-0018, stating that staff received a written request
from the applicants to continue this case indefinitely as the applicant did not complete the 30 day mineral
notice requirement.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuation
of this application. No one wished to speak.
Motion: Continue Case USR17-0018 indefinitely, Moved by Bruce Johnson, Seconded by Tom Cope.
Motion carried unanimously.
Respectfully submitted.
Kristine Ranslem
Secretary
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