HomeMy WebLinkAbout20163385.tiffHEARING CERTIFICATION
DOCKET NO. 2016-88
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR16-0027, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(OUTDOOR STORAGE OF RVS, BOATS, ATVS, VANS, STANDALONE CAMPERS,
MOTORHOMES, 5TH WHEEL TRAILERS, PICKUP TRUCKS WITH OR WITHOUT
ATTACHED CAMPERS, AND OTHER SIMILAR ITEMS INCLUDING INDUSTRIAL OR
COMMERCIAL VEHICLES AND FLATBED TRAILERS, AN OFFICE AND AN 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 IN THE
A (AGRICULTURAL) ZONE DISTRICT - MARGOLIS LAND COMPANY, LLC, AND
JOHN S. VAN ANNE, C/O RUSSEL KNODEL
A public hearing was conducted on November 9. 2016, at 10:00 a.m.. with the following present:
Commissioner Mike Freeman. Chair
Commissioner Sean P. Conway. Pro -Tern
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, Evan Pinkham
Planning Services Engineer representative, Hayley Balzano
Health Department representative. Lauren Light
The following business was transacted:
. L
I` I hereby certify that pursuant to a notice dated September 30. 2016. and duly published
October 5. 2016, in the Greeley Tribune, a public hearing was conducted to consider the request
of Margolis Land Company, LLC. and John S. Van Anne, c/o Russell Knodel, for a Site Specific
Development Plan and Use by Special Review Permit. USR16-0027. for any Use permitted as a
Use by Right. Accessory Use or Use by Special Review in the Commercial or Industrial Zone
Districts (outdoor storage of RVs, boats, ATVs, vans, standalone campers, motorhomes, 5th
wheel trailers, pickup trucks with or without attached campers, and other similar items including
industrial or commercial vehicles and flatbed trailers, an office and an 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 in the A (Agricultural) Zone
District. Bob Choate, Assistant County Attorney. made this a matter of record.
Diana Aungst, Department of Planning Services, presented a brief summary of the proposal
to include outdoor storage of RVs, boats and trailers, future office building and RV dump station,
parking, number of employees. and customer entry with key coded gate. She described the
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PL t96 2016-3385
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HEARING CERTIFICATION - MARGOLIS LAND COMPANY. LLC. AND JOHN S. VAN ANNE,
CIO RUSSELL KNODEL (USR16-0027)
PAGE 2
applicant's intent to provide 400 storage stalls, hours of operation, fencing, screening,
landscaping. lighting, and signage. Ms. Aungst reviewed the site location in relation to relevant
County roads and stated 17 referrals were sent out with 14 entities choosing not to respond or
indicating no concerns. She described the adjacent lands and residences and stated there are
businesses in close proximity to include 14 USRs within one (1) mile of the site and no
correspondence was received in objection of this application. Ms. Aungst stated the site is located
within the three (3) mile referral area of the Town of Lochbuie and the Cities of Fort Lupton and
Brighton, and the Intergovernmental Agreement Area of the City of Fort Lupton. She conveyed
that the Town of Lochbuie and the City of Brighton did not return a referral response and the City
of Fort Lupton indicated no concerns. She displayed images and entered the favorable
recommendation of the Planning Commission into the record as written. In response to
Commissioner Kirkmeyer. Ms. Aungst clarified the second access is due to a request from the
Brighton Fire Department.
Evan Pinkham, Department of Public Works Department representative. provided a brief
overview of the transportation plans and requirements and clarified that the required Access
Permits must be attained from the City of Brighton. In response to Commissioner Kirkmeyer, Mr.
Pinkham verified the City of Brighton annexed County Road (CR) 4 and renamed it New Energy
Road.
P Hayley Balzano, Planning Services Engineer representative. presented the drainage and
grading requirements. She stated a drainage variance has been approved due to the inability to
access historical drainage routes. In response to Commissioner Cozad, Ms. Balzano clarified the
City of Brighton does not allow stormwater utilities unless the applicant annexes into the city:
therefore, the use of retention ponds are necessary as the applicant does not wish to annex at
this time. She further clarified there are no other options for the release of stormwater at this time.
e Lauren Light, Department of Public Health and Environment. reviewed the water and sewer
provisions stating a portable toilet is acceptable and she reviewed the requirements related to the
RV dump station and stated Development Standards (DS) #14-22 address typical Environmental
Health items.
Russell Knodel, applicant, stated this has been a long ongoing project. In response to
Commissioner Kirkmeyer. Mr. Knodel verified he has not built anything yet.
No public testimony was offered concerning this matter.
Pia In response to Commissioner Kirkmeyer, Mr. Knodel explained the circumstances leading to
the second access, per the Brighton Fire Department. He further explained his effort to contact
the City of Brighton to no avail regarding the access. Mr. Knodel pointed out the second access
on the map. Commissioner Kirkmeyer suggested deleting the requirement for the second access.
After further discussion, the Board assured Mr Knodel that he can build the second access if he
chooses, but it will not be a requirement from the Board of County Commissioners.
2016-3385
PL2447
HEARING CERTIFICATION - MARGOLIS LAND COMPANY. LLC. AND JOHN S. VAN ANNE,
CIO RUSSELL KNODEL (USR16-0027)
PAGE 3
In response to Commissioner Cozad, Mr. Knodel stated the landscaping was a part of his
application. He further explained the fencing plan and agreed to Commissioner Cozad's
suggestion of no netting. She further recommended deleting Conditions of Approval (COA) #1.A.6
and #1.A.7, and the Board agreed. Commissioner Cozad suggested changing DS #3 to reflect
two (2) full-time employees. The applicant and the Board agreed.
In response to Commissioner Cozad. Ms. Aungst explained why industrial vehicle storage
was removed from the Resolution per a suggestion at Planning Commission. Commissioner
Kirkmeyer stated it should be added back in throughout the Resolution because it was a part of
the application materials and there is evidence according to surrounding land uses as to why it is
compatible. The Board agreed. Mr. Choate recommended clarifying between industrial and
commercial vehicles and industrial equipment. Commissioner Kirkmeyer acknowledged the
recommendation. She further suggested deleting DS #9. The Board agreed. Commissioner
Cozad recommended deleting DS #23 and staff interjected that this was a typical requirement of
all USRs. The Board agreed to keep it. Commissioner Kirkmeyer suggested deleting the
screening requirement in the findings found in #2.A.2, referencing Section 22-2-20.G
(A.Policy 7.2). The Board agreed to delete, "The section of fencing abutting CR 4 will have tan
netting to screen the storage area from the public right-of-way."
2 In response to Chair Freeman, Mr. Knodel 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 Margolis Land Company, LLC,
and John S. Van Anne, c/o Russell Knodel, for a Site Specific Development Plan and Use by
Special Review Permit, USR16-0027, for any Use permitted as a Use by Right, Accessory Use
or Use by Special Review in the Commercial or Industrial Zone Districts (outdoor storage of RVs,
boats, ATVs, vans, standalone campers, motorhomes, 5th wheel trailers, pickup trucks with or
without attached campers. and other similar items including industrial or commercial vehicles and
flatbed trailers, an office and an 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 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 Conway, and it carried unanimously. There being no further discussion, the
hearing was completed at 11:03 a.m.
2016-3385
PL2447
HEARING CERTIFICATION - MARGOLIS LAND COMPANY. LLC. AND JOHN S. VAN ANNE.
C/O RUSSELL KNODEL (USR16-0027)
PAGE 4
This Certification was approved on the 14th day of November, 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY. COLORADO
ATTEST: SA44)
Weld County Clerk to the Board
BY/.
CO
uty Clerk to the Board
APPR-OVED AS TO FORM:
County Attorney
Date of signature: to ( S -1 1(x)
Mike Freeman, Chair
teve Moreno
C,
2016-3385
PL2447
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