HomeMy WebLinkAbout20161165 BEFORE THE WELD COUNTY . COLORADO , PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Johnson. 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 USR16-0001
APPLICANT: M G WOODWARD LIVING TRUST. CIO MARK AND GLENDA WOODWARD
PLANNER DIANA AUNGST
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
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 (RV. BOAT. CAMPER. AND PERSONAL VEHICLE STORAGE )
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 LOT A REC EXEMPT RE-2942, PART NE4 SECTION 20, T1 N. R65W OF THE 6TH
P M WELD COUNTY COLORADO
LOCATION. SOUTH OF AND ADJACENT TO CR 8 AND WEST OF AND ADJACENT TO CR 41
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 - A. Goal 7 states. "County land use regulations should protect the individual
property owner's right to request a land use change " And Section 22-2-20. G. 2 - 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. "
The application materials state that approximately 3. 8 acres of the 6. 1 acre site will be utilized as
outdoor storage for RVs. boat. campers. and personal vehicles. The hours of operation are proposed
to be 7 . 00 am _ to 9:00 p. m . Monday through Sunday No new structures are proposed for the site.
The applicant has stated that the site will be surrounded by a chain link fence and they request that
the fence not be opaque to allow for visual monitoring . No vegetation is proposed. the landscaping will
consist of boulders and other xeriscaping materials including decorative rock. Staff is recommending
screening of the RV storage area from public rights-of-way and surrounding property owners_
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District Section 23-3-40. S. which allows for a Site Specific Development Plan and Use by Special
Review 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 (RV. boat. camper. and personal vehicle
storage) provided that pr
operty) the e p operty 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
C Section 23-2-220.A. 3 -- The uses which will be permitted will be compatible with the existing
rr su ounding land uses_
The site is located adjacent to the Town of Hudson's corporate limits and outside of their
Intergovernmental Agreement (IGA) boundary The surrounding property uses are rural residential
and an RV storage facility to the east of the site (across CR 41 in the Town of Hudson . ) There are
residences to the north . south . east and west of the site. The property to the west is owned by the
same property owner and the closest residence is to the east approximately 150
EXHIBIT
- O0O
RESOLUTION USR16-0001
M G WOODWARD LIVING TRUST. CIO MARK AND GLENDA WOODWARD
PAGE 2
feet east of the east property line The residence to the south is approximately 170 feet south of the
south property line
There are six (6) USRs within one mile of the site SUP-354 for a gravel pit is located northeast of the
site USR-1121 for an accessory structure. USR-696 for a horse training and boarding facility. and
USR- 1404 for a single-family dwelling are located west of the site USR- 1589 for a home business to
build portable livestock shelters and USR-538 for gravel mining are both located southeast of the site.
The Weld County Department of Planning Services has received one email from the owner of the RV
storage facility in Hudson with questions about fire protection. access. parking , and the emergency
exit.
The minimal lighting proposed for the site along with the Conditions of Approval and the Development
Standards will assist in mitigating the impacts of the facility on the adjacent properties
D. 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
The site is located within the three (3) mile referral area of the Town of Hudson The Town of Hudson
in their referral comments dated February 11 . 2016. indicated
The Hudson Planning Commission met on Wednesday. February 10, 2016 to discuss Referral
USR16-0001 . a Site Specific Development Plan for an RV Storage Lot. The Planning
Commission raised a number of issues which will be considered during the Weld County review
process:
• The Town of Hudson applied an 8" recycled asphalt surface to CR 41 from the
intersection of CR 8 for a distance of 1 .000 feet. This improved roadway will serve as the
access to the proposed storage lot. yet the Town will receive no revenues to off-set the
maintenance required for the road Town boundaries run down the center of the ROW
and thus an access permit could be granted by Weld County
• The applicant indicated in the questionnaire that the storage lot will accommodate: RVs,
boats (trailered), campers, and personal vehicles, (e.g. car. pickups, SUVs) will utilize the
outdoor storage areas (Response to question 5. i. 1).
The Town is concerned that the storage of personal vehicles as described above could
result in the storage of junk and abandoned vehicles and request that the storage facility
be limited to operating Motorized Recreational Vehicles or Motor Homes. Towable
Recreational Vehicles and Trailered Boats.
• The request that culverts be installed at the 3 access points to the storage lot and
home/office to minimize erosion to CR 41 roadway. "
The applicant intends to install culverts at the 3 access points. The access permit was processed
by Weld County and the Development Standards state that no derelict vehicles shall be stored on
the site.
E Section 23-2-220 .A. 5 -- The application complies with Chapter 23. Articles V and XI . of the Weld
County Code
The site is not in a floodplain.
Building Permits issued on the lot will be required to adhere to the fee structure of the County-Wide
Road Impact Fee Program
RESOLUTION USR16-0001
M G WOODWARD LIVING TRUST C/O MARK AND GLENDA WOODWARD
PAGE 3
Building Permits issued on the proposed lot will be required to adhere to the fee structure of the
County Facility Fee and Drainage Impact Fee Programs.
F Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural
land in the locational decision for the proposed use
The proposed facility is located on approximately 0. 3 acres of soils designated as "Prime (Irrigated)",
approximately 1 . 8 acres of soils designated as "Irrigated Land (Not Prime)", and approximately 4
acres designated as "Other" per the 1979 Soil Conservation Service Important Farmlands of Weld
County Map. The USR will take about 0 . 3 acres of "Prime ( Irrigated)" farmland out of production
however the property is in an urbanized area and too small to farm_
G Section 23-2-220.A. 7 -- There is adequate provisions for the protection of the health . safety. and
welfare of the inhabitants of the neighborhood and County
The Design Standards (Section 23-2-240. Weld County Code). Operation Standards (Section 23-2-
250. Weld County Code). Conditions of Approval and Development Standards can ensure that there
are adequate provisions for the protection of health , safety. and welfare of the inhabitants of the
neighborhood and County
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 map
A. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required indicating compliance with Weld County
Drainage Code (Department of Planning Services - Engineer)
B. The applicant shall provide opaque screening from public rights-of-way and surrounding property
owners. ( Department of Planning Services)
C . The map shall be amended to delineate the following :
1 ) All sheets of the map shall be labeled USR16-0001 ( Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260 D of the Weld County Code ( Department of
Planning Services)
4) The applicant shall delineate 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)
5) 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)
6) The map shall delineate the screening from public rights-of-way and surrounding property owners.
(Department of Planning Services)
7) The map shall delineate the lighting . (Department of Planning Services)
RESOLUTION USR16-0001
M G WOODWARD LIVING TRUST C/O MARK AND GLENDA WOODWARD
PAGE 4
8) County Road 8 is a paved road and is designated on the Weld County Road Classification Plan
as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the future and existing right-of-way. All setbacks shall be measured
from the edge of future right-of-way_ This road is maintained by Weld County (Department of
Planning Services - Engineer)
9) Show the approved accesses on the site plan and label with the approved access permit number
(AP16-00030) . (Department of Planning Services - Engineer)
10) Show and label the approved tracking control on the site plan . (Department of Planning Services -
Engineer)
11 ) The applicant shall show and label the accepted drainage features and drainage flow arrows.
Water quality features or stormwater ponds should be labeled as -Water Quality
Feature/Stormwater Detention, No-Build or Storage Area" and shall include the calculated
volume. (Department of Planning Services - Engineer)
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 map 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 CAD formats are . dwg, dxf, and .dgn (Microstation) ; acceptable GIS formats
are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif
(Group 4) . (Group 6 is not acceptable) . This digital file may be sent to maps(c�co.weld .co. us (Department
of Planning Services)
5. Prior to Construction
A The approved access and tracking control shall be constructed prior to on-site construction_
(Department of Planning Services - Engineer)
B . If more than one ( 1 ) acre is to be disturbed . a Weld County Grading Permit will be required.
(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 map 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)
RESOLUTION USR16-0001
M G WOODWARD LIVING TRUST C/O MARK AND GLENDA WOODWARD
PAGE 5
Motion seconded by Gene Stille
VOTE
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
Gene Stille
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings
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,
Colorado, adopted on March 15, 2016 .
Dated the 15th of March, 2016
Digitally signed by Kristine Ranslem
Date: 2016.03. 16 13:22:41 -06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MG Woodward Living Trust. c/o Mark and Glenda Woodward
USR16-0001
1 A Site Specific Development Plan and Use by Special Review Permit. USR16-0001 . 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 ( RV, boat, camper, and personal vehicle storage) 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 No on-site employees are proposed , the owner lives in the house on the property to the west of the site.
(Department of Planning Services)
4 . The hours of operation are TOO a.m . to 9-00 p m Monday through Sunday. as stated on the application.
(Department of Planning Services)
5 . No derelict vehicles. as defined in Section 23- 1 -90 of the Weld County Code. shall be stored on the site.
(Department of Planning Services)
6. All vehicles located on the property must be operational with current license plates and tags.
(Department of Planning Services)
7 There shall be no outside storage of industrial and/or commercial vehicles. equipment and materials.
(Department of Planning Services)
8 No hazardous materials shall be stored on site. (Department of Planning Services)
9 The landscaping/screening on the site shall be maintained. (Department of Planning Services)
10 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)
11 . The property owner shall control noxious weeds on the site . (Department of Public Works)
12 . The access to the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking (Planning and Engineering)
13. There shall be no parking or staging of vehicles on public roads On-site parking shall be utilized.
(Department of Public Works)
14 . The historical flow patterns and runoff amounts on the site will be maintained (Department of Planning
Services - Engineer)
15 Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services - Engineer)
16. 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)
17 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)
RESOLUTION USR16-0001
M G WOODWARD LIVING TRUST 0/O MARK AND GLENDA WOODWARD
PAGE 7
18. 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)
19. 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)
20. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25 12 103 C. R. S. (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. Portable toilets and bottled water are acceptable for 10 or less customers or visitors
per day and/or 2 or less full time (40 hour week) employees on site 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. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where
such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the
plan . 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)
24. A building permit may be required, per Section 29-3- 10 of the Weld County Code Currently the
following has been adopted by Weld County: 2012 International Codes. 2006 International Energy
Code; 2014 National Electrical Code: A building permit application must be completed and two 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 registered State of Colorado
engineer shall be required or an open hole inspection (Department of Building Inspection)
25 . The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code
26 . 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
27 . 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.
28. 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.
RESOLUTION USR16-0001
M G WOODWARD LIVING TRUST C/O MARK AND GLENDA WOODWARD
PAGE 8
29. 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 states
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
30. 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.
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
7c M 't n td6-e
% - l (00
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. March 15, 2016
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,
Jordan Jemiola , at 12:45 pm
Roll Call.
Present Benjamin Hansford , Bruce Johnson, Bruce Sparrow, Gene Stille. Jordan Jemiola, Joyce Smock,
Michael Wades. Nick Berryman. Terry Cross.
Also Present Diana Aungst. and Tom Parko. Department of Planning Services. Wayne Howard.
Department of Planning Services — Engineering Division. Lauren Light. Department of Health . Bob Choate.
County Attorney. and Kris Ranslem , Secretary
Motion. Approve the March 1 . 2016 Weld County Planning Commission minutes, Moved by Benjamin
Hansford . Seconded by Joyce Smock. Motion passed unanimously
CASE NUMBER. USR16-0001
APPLICANT M G WOODWARD LIVING TRUST, CIO MARK AND GLENDA WOODWARD
PLANNER DIANA AUNGST
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
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 ( RV BOAT, CAMPER AND PERSONAL VEHICLE
STORAGE ) 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 LOT A REC EXEMPT RE-2942. PART NE4 SECTION 20. T1 N . R65W OF THE
6TH P M . WELD COUNTY COLORADO
LOCATION SOUTH OF AND ADJACENT TO CR 8 AND WEST OF AND ADJACENT TO CR
41
Diana Aungst. Planning Services . presented Case USR16-0001 . reading the recommendation and
comments into the record. Ms. Aungst noted that one ( 1 ) email was received from the adjacent owner of
the RV storage facility (located in Hudson) that outlined questions regarding fire protection. parking and
emergency access. The Department of Planning Services recommends approval of this application with
the attached conditions of approval and development standards.
Wayne Howard , Engineering . reported on the existing traffic. access and drainage conditions and the
requirements on site.
Lauren Light. Environmental Health . reviewed the public water and sanitary sewer requirements. on-site
dust control, and the Waste Handling Plan
Commissioner Smock asked who has the authority to waive the portable toilets or bottled water
requirements Ms. Light stated that the Board of County Commissioners has the authority to waive that
requirement
Mark Woodward , 19886 CR 8, stated that they are proposing a small RV and boat storage area to include
about 100 parking spaces
Commissioner Jemiola referred to the letter submitted by the adjacent landowner and asked about the
concern of the 10. 000 gallon water tank which would be located on her property Mr Woodward said that
he met with the Fire District and they looked at the Hamilton's existing 10. 000 gallon water tank and their
opinion was that they didn't see a need to maintain two services out there.
The Chair asked if there was anyone in the audience who wished to speak for or against this application .
EXHIBIT
d �.D `F
Chris Hamilton . 2886 CR 41 , lives directly across the street and owns the existing storage facility She
asked to clarify if the emergency exit is required Ms Aungst said that staff has received direction from the
Board of County Commissioners to not approve emergency access points because they encumber the
roads with too many accesses Therefore staff is not requiring them anymore.
Ms. Hamilton referred to the culvert under County Road 41 and said that there has been some drainage
problems with that as the culvert is lower than the dirt on the property She asked if Weld County will look
at that and do anything due to the changes in the landscape with the recycled asphalt. Mr. Howard said
that he is not aware of any culvert issues. He added that the Town of Hudson performed the services that
is being referred to as recycling the roadway and whether they addressed any drainage as part of that
process he is not aware of With this section of roadway as shared jurisdiction it is a little tricky trying to
get those kinds of things dealt with He suggested that the applicant contact either Public Works
Departments in Weld County or the Town of Hudson if there is a particular problem with drainage
Ms. Hamilton referred to the fire mitigation plan for the water source on this property. She said there is a
10.000 gallon water tank on her property_ She indicated that she spoke to the Hudson Fire Chief and he
said that would be Ms. Hamilton 's primary source of water in the event of a fire_ She said she hasn't seen
the applicant' s fire plan and added that two (2) people can't be using the same water tank for fire prevention.
She added that she has a letter from the Fire Chief that is in contrary to what the applicant stated .
Mr. Woodward said that he talked with Hudson Fire Chief two (2) months ago when they submitted the
application He has not received a copy of the letter Ms Hamilton referred to Ms. Aungst added that a
referral was sent to the Hudson Fire District: however no response was received therefore staff is not aware
of any concerns about fire protection or emergency access points The Chair suggested that the applicant
visit with the Fire District prior to the Board of County Commissioner hearing.
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.
Weylan Bryant, Engineering Service Company. stated that there is no intent to store commercial vehicles:
however they just wanted to clarify the definition of commercial vehicles under Development Standard 7.
He asked if a pickup truck came in with a commercial tag to take their RV out of the facility would that be
allowed. The Chair said that the intent is not to have oil and gas storage vehicles on the site and this facility
is only for recreational vehicles
Additionally. Mr Bryant said that they would like to request a waiver on the portable toilets and bottled
water. He added that they don 't feel it is an appropriate need for an RV storage facility Commissioner
Hansford recommended that it be left to the Board of County Commissioners to decide.
Commissioner Johnson said that he is also in favor of leaving it in for the Board of County Commissioners
to determine. Commissioner Stille said that these RVs have their own facilities and is in favor of removing
the required portable toilets and bottled water. Commissioner Smock said that it is good to have portable
toilets: however the bottled water may not be needed Commission Berryman said that typically the people
are not on site for very long therefore he doesn 't feel it is necessary: however he would like the Board of
County Commissioners to make that determination Commissioner Sparrow was in favor of leaving the
language in Commissioner Cross agreed that the handwashing facility and bottled water are not
particularly necessary: however he believes portable toilets are a good idea. Commissioner Wales said
that it is not just RVs being stored here and added that it is not a bad idea to supply these facilities as it
does not add that much overhead cost. Commissioner Jemiola said he agreed that portable toilets be
supplied: however he is not concerned with providing bottled water The consensus was to leave the
language in for the Board of County Commissioners to decide.
Mr. Bryant referred to the requirement of opaque fences . He said that the next door neighbor has a similar
use and has a non-opaque fence He added that there is fear that the opaque fence would draw attention
that would lead to crime. Mr Bryant further added that the owners of the facility live immediately to the
west of the proposed facility and their intent is to have visual security On the east side of the proposed
facility. their vision of the storage area is somewhat blocked by the existing house and garage on site Mr.
Bryant added that they are proposing to install an opaque fence around the storage facility on the southern
2
side to protect the view of the southern property owner Commissioner Johnson said he is not a fan of
opaque fences: however these are the regulations. He added that he understands and concurs with Mr.
Bryant: however he is more in favor of letting the Board of County Commissioners make that decision .
Commissioner Hansford agreed with Mr Johnson Commissioner Sparrow said that the applicant lives
there now but if it was to be sold to another owner it could be a problem_
Commissioner Cross asked if the waiver to the opaque fence is due to financial reasons Mr Bryant said
that the main reason is for security as it affords them the ability to watch the property from their residence.
Commissioner Hansford said that most of these facilities have video surveillance and asked if there will be
any security measures like this in place for this facility Mr Woodward said that they will have security
monitors in place. Mr. Hansford asked why they would not want to comply with the opaque fence if there
are security monitors. He added that the opaque fence is not for your security but to protect the view from
adjacent property owners.
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 The applicant replied that they are in agreement.
Motion : Forward Case USR16-0001 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 Bruce Johnson . Seconded by Gene Stille
Vote: Motion carried by unanimous roll call vote (summary : Yes = 9)
Yes : Benjamin Hansford. Bruce Johnson. Bruce Sparrow. Gene Stille. Jordan Jemiola. Joyce Smock,
Michael Wailes. Nick Berryman, Terry Cross
Meeting adjourned at 2 : 11 pm
Respectfully submitted.
Digitally signed by Kristine Ranslem
4��'4b6� � 44.1-ZudieuDate: 2016.03 . 16 13 :30:28 -06'00'
Kristine Ranslem
Secretary
3
Hello