HomeMy WebLinkAbout20161480.tiff HEARING CERTIFICATION
DOCKET NO . 2016-43
RE : A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR16-0007, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (INDOOR AND OUTDOOR STORAGE OF RV' S, BOATS, AND TRAILERS,
WITH AN OFFICE/STORE, AND RV 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 AND ONE ( 1 ) SINGLE FAMILY DWELLING UNIT PER
LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A (SECOND
FAMILY SWELLING UNIT) TO BE USED AS THE CARETAKER RESIDENCE IN THE
A (AGRICULTURAL) ZONE DISTRICT - HANS WIMMER
A public hearing was conducted on May 4 , 2016 . at 10: 00 a. m . . with the following present:
Commissioner Mike Freeman , Chair
Commissioner Sean P. Conway. Pro-Tem - EXCUSED
Commissioner Julie A. Cozad
Commissioner Barbara Kirkmeyer
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board , Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative , Diana Aungst
Public Works Department representative , Janet Lundquist
Planning Services Engineer representative , Wayne Howard
Health Department representative.. Lauren Light
The following business was transacted :
I hereby certify that pursuant to a notice dated March 25 , 2016, and duly published
March 30 . 2016, in the Greeley Tribune, a public hearing was conducted to consider the request
of Hans Wimmer, for a Site Specific Development Plan and Use by Special Review Permit,
USR16-0006 . for any Use permitted as a Use by Right, Accessory Use , or Use by Special Review
in the Commercial or Industrial Zone Districts (indoor and outdoor storage of RV's , boats, and
trailers , with an office/store , and RV 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 and one ( 1 ) Single Family Dwelling Unit per lot other than
those permitted under Section 23 3-20.A (second family swelling unit) to be used as the caretaker
residence in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney. made this
a matter of record .
Chair Freeman reviewed , for the applicant and the public. the procedures to follow should
this case result in a tie vote due to four Commissioners being present and one Commissioner
excused .
C.�•. PL, E4 ,P2J
6 - R - 117 2016- 1480
PL2423
HEARING CERTIFICATION - HANS WIMMER (USR16-0007)
PAGE 2
Diana Aungst, Department of Planning Services , presented a brief summary of the proposal
and stated 20 referrals were sent out and 14 either did not respond or cited no concerns . She
reviewed the location , described the proposed use , and explained the operation would be built in
three (3) phases culminating with 348 stalls available . Ms . Aungst reviewed the hours of operation
for both the RV Storage and the store, and clarified the store is available to the RV Storage
customers only. She explained the proposed keypad access , overhead lighting , signage, and
screening . Ms . Aungst reported the one ( 1 ) employee will reside on-site in the aforementioned
mobile home being approved as a second family dwelling with this request, and gave a brief
description of surrounding land uses and nearest residences . She stated the site is located within
the three (3) mile referral area of the Towns of Dacono , Firestone, and Frederick, and the City of
Fort Lupton ; and she reviewed for the record , the referral responses . Ms. Aungst displayed
images and entered the favorable recommendation of the Planning Commission into the record
as written . In response to Commissioner Cozad , Ms . Aungst stated the applicant had been
informed of the Coordinated Planning Agreements and was directed to speak with these
municipalities . In response to Commissioner Kirkmeyer, Ms . Aungst stated there are 348 total
spaces planned at full buildout.
21 Janet Lundquist, Department of Public Works representative , provided a brief overview of
the transportation plans and requirements to include the approved Access Permit, AP#16-00078.
She clarified the applicant will be closing the existing access and opening the new access. Ms .
Lundquist reviewed the relevant County roads, proposed number of daily round trips based on
full capacity on a holiday and stated this number was used to determine the requirements for both
tracking control and an Improvements Agreement. She reported that she and the applicant met
with the Town of Frederick and determined a normal Improvements Agreement would be
acceptable with the option to modify, if necessary.
Wayne Howard , Planning Services Engineer. presented a brief summary of the drainage and
grading requirements and reviewed the only Condition requiring the applicant to show and label
the drainage feature and drainage flow arrows on the map and a reminder that a Grading Permit
is required for disturbing over an acre.
a Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions to include water service provided to both homes is by Central Weld County Water
District and both houses have septic systems. She clarified the applicant is proposing to replace
the septic system and install a new system to service both the office/store and one of the homes.
She reported the RV Storage facility will utilize an RV Dump Station , which is acceptable as long
as the proper permits are in place and the site can also utilize portable toilets. Ms . Light stated
Development Standards (DS) #16 through #24 address typical Environmental Health items.
Sheri Lockman , Lockman Land Consulting . represented the applicant and stated her
appreciation for staff assistance with the details of the Improvements Agreement and clarified that
she did not have much to add .
Grant Gerrard , representative from Anadarko Petroleum Corporation, stated his request to
have this objection on file and read a letter outlining the reasons for the objection . Lastly, Mr.
Gerrard requested a Condition be added to require the applicant enter into an agreement with
Anadarko in order to protect the mineral interest rights . In response to Commissioner Kirkmeyer,
2016- 1480
PL2423
HEARING CERTIFICATION - HANS WIMMER (USR16-0007)
PAGE 3
Mr. Gerrard stated many attempts have been made to initiate the process of a Surface Use
Agreement with the applicant.
In response to Commissioner Kirkmeyer, Mr. Wimmer explained the proposed landscaping
and screening plan to consist of trees outside a chain link fence. He further responded regarding
the history behind the Surface Use Agreement originallywith Noble Energy, which apparently was
g gY, pp Y
transferred to Anadarko. He clarified that he has copies of the emails and the original Agreement.
In response to Commissioner Kirkmeyer. Mr. Wimmer and Ms . Lockman explained the
requirements from the Fire Protection District related to the future building .
[4;1'
In response to Chair Freeman, Mr. Wimmer, indicated no concerns with the Conditions of
Approval or Development Standards.
Commissioner Kirkmeyer requested clarification on the three-party Improvements
Agreement and suggested language be added to Condition of Approval (COA) #1 .A to clarify this
Improvements Agreement is between Weld County . the Town of Frederick, and the applicant. The
Board agreed . Commissioner Cozad recommended changing Development Standard ( DS) #3
regarding the number of employees to two (2) . to allow for future expansion . The Board agreed.
Commissioner Kirkmeyer suggested a small correction to DS #9 to relate back to the
approved Landscape/Screening Plan ; and furthermore, a new COA that reflects the approved
p g
Landscaping/Screening Plan . Commissioner Cozad recommended the new COA be inserted as
#1 . C ; and . # 1 . D. 6 be modified to reflect the approved Screening Plan . The Board agreed .
Commissioner Kirkmeyer clarified with the applicant that vinyl slats in the fence are not necessary.
In response to Commissioner Moreno , Mr. Wimmer stated he only has plans for one sign .
rt-m- In response to Chair Freeman , Mr. Wimmer, indicated he has reviewed , and agrees to abide
by, the Conditions of Approval and Development Standards, as amended .
Commissioner Kirkmeyer moved to approve the request of Hans Wimmer, for a Site Specific
Development Plan and Use by Special Review Permit, USR16-0007 , for any Use permitted as a
Use by Right. Accessory Use . or Use by Special Review in the Commercial or Industrial Zone
Districts (indoor and outdoor storage of RV's , boats . and trailers . with an office/store , and RV
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 and one
( 1 ) Single Family Dwelling Unit per lot other than those permitted under Section 23 3-20 .A (second
family dwelling unit) to be used as the caretaker residence 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 Cozad , and it carried unanimously. There being no
further discussion , the hearing was completed at 10: 37 a. m .
2016- 1480
PL2423
ATTENDANCE LIST
DATE: 5 .- 4 - lL-
NAME - PLEASE PRINT LEGIBLY ADDRESS CITY ST ZIP EMAIL
G cik Lir &C12--e_AQ- Q (mac tam 5u DELivts_ co & 2SL
';:cU k 4i. ii i\A kq La t S _V rthAtc-IL Cc , 6c 2) 6_-.)
Ha-Nc 133 l q tN &ftoc5jc, gvu -P& t
`7 ) ` i Lc;• ct } c // . 37;7 3() , Cie 7/ .Scio/7 , ( - goa /3 ,
Cimb\-1 sk \ 5bVzb \C$ 6 V\ . uuc dow ( ,_ q3 0 b all
5Plerr1t ate iL. l99≤ o e 'ek G- I . L pfb-} ?a6 S 1
14n65 4f4 5t.-7 / 6-0 I ? Iti ‘ A Ili Fri t / h . ,' _ , go ez.
3,- o �, u fa, 15 5J/ t .e , e41- L /4-;, )-- Lk kfri `'. . ? “OO2/
K cOM / 1719 ?` wt , 6 7 / , i :
r�
,115.& /Ti /Q2 074/Ara We/Z Le o e,oc_ge ec i'}O '063 /
CiK-,. . CAPI 0 5 ?Av6
SIG dLA W , c,p (
r Seti_ /d 5.770 #02,0 Si / fflfra c`b , crFa D
Y
,Th7/ i �e fit? ff /r1-0,7 -FlJ� /
i -- y
r'ga 7-ro 11 736\ u; - qls- cig. ( poet zi
HEARING CERTIFICATION - HANS WIMMER ( USR16-0007)
PAGE 4
This Certification was approved on the 9th day of May, 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: �A v• � � �� Q �_
Mike Freeman, Chair
Weld County Clerk tp the Board
EXCUSED
L- Sean P. Conway, Pro-Tem
BY: „seems
De Clerk to the Board `ate G
p y ,��' � - 1r� °= ;Cozad
F
• 04i
APP AS RM : 1861 , '1'= • fir'
,ti`s,_
•
J. 1
409710 astesuer
U y Attorney f*i
♦ - 04 eve Moreno
Date of signature: SU/ Ur
2016- 1480
PL2423
Hello