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HomeMy WebLinkAbout20153387.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, October 6, 2015 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 12:34 pm. Roll Call. Present: Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman, Terry Cross. Absent: Benjamin Hansford. Also Present: Kim Ogle, Chris Gathman, and Diana Aungst, Department of Planning Services; Wayne Howard, and Jennifer Petrik, Department of Planning Services — Engineering Division; Lauren Light, Department of Health; Bruce Barker, County Attorney, and Kris Ranslem, Secretary. D" Motion: Approve the September 15, 2015 Weld County Planning Commission minutes, Moved by Michael Wailes, Seconded by Joyce Smock. Motion passed unanimously. CASE NUMBER: USR15-0034 APPLICANT: FRANCISCO BARRON AND APOLINAR VALLEJO PLANNER: CHRIS GATHMAN 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 (PARKING, STORAGE AND STAGING FOR SEMI TRUCKS, DUMP TRUCKS AND BELLY DUMP TRUCKS ALONG WITH MINOR VEHICLE MAINTENANCE AND REPAIR) 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. LEGAL DESCRIPTION: LOT A REC EXEMPT RE-703; BEING PART W2 SECTION 30, T3N, R66W OF THE 6TH P.M.,WELD COUNTY, COLORADO. LOCATION: NORTH OF AND ADJACENT TO CR 28 AND APPROXIMATELY 1,300 FEET WEST OF STATE HIGHWAY 85. ID' Chris Gathman, Planning Services, requested that this case be continued indefinitely. Mr. Gathman said that additional information has been requested of the applicant to allow referral agencies to complete their review and make a recommendation on this case. He stated that this is a violation case and added that there is a compliance hearing scheduled before the Board of County Commissioners next week. The Chair asked if there was anyone in the audience who wished to speak for or against the continuance of this application. No one wished to speak. Motion: Continue Case USR15-0034 indefinitely, Moved by Nick Berryman, Seconded by Michael Wailes. Vote: Motion carried by unanimous roll call vote(summary: Yes = 8). Yes: Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman, Terry Cross. ► CASE NUMBER: USR15-0042 APPLICANT: DRILL GREEN LLC PLANNER: DIANA AUNGST REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS SUPPORT AND SERVICE, (OFFICE/SHOP AND STORAGE OF VEHICLES AND EQUIPMENT) IN THE A(AGRICULTURAL)ZONE DISTRICT 1 NY(VYkt iid/,a.%_,% 2015-3387 LEGAL DESCRIPTION: LOT A REC EXEMPT RECX15-0112 BEING PART E2SE4 SECTION 33, T3N, R66W OF THE 6TH P.M.,WELD COUNTY, COLORADO. LOCATION: APPROXIMATELY 225 FEET WEST OF CR 31 AND APPROXIMATELY 1200 FEET NORTH OF CR 26. Diana Aungst, Planning Services, presented Case USR15-0042, reading the recommendation and comments into the record. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. DID.. Jennifer Petrik, Engineering, reported on the existing traffic, access and drainage conditions and the requirements on site. ID" Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on- site dust control, and the Waste Handling Plan. D" Rick Bueller, 5851 Pelican Shores, stated that they have outgrown the current facility in Platteville and wish to expand their business to this location. Commissioner Johnson asked if the mineral owners concerns have been addressed through a surface use agreement. Mr. Bueller stated that they are presently working to address their concerns. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. The Chair asked the applicant if he has read through the Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that he is in agreement. ID" Motion: Forward Case USR15-0042 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 Terry Cross, Seconded by Bruce Johnson. Vote: Motion carried by unanimous roll call vote (summary: Yes = 8). Yes: Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman, Terry Cross. CASE NUMBER: USR15-0037 APPLICANT BLUE GRAMA LAND CORPORATION PLANNER: KIM OGLE REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS STORAGE FACILITIES WITH TRANSLOADING, A LAY-DOWN YARD AND A LESS THAN 35 FOOT IN HEIGHT COMMUNICATIONS TOWER IN THE A (AGRICULTURAL)ZONE DISTRICT LEGAL DESCRIPTION: LOT B OF RECX15-0080, BEING PART OF THE E2 NE4 SECTION 27, T6N, R65W OF THE 6TH P.M.,WELD COUNTY, COLORADO. LOCATION: SOUTH OF AND ADJACENT TO CR 66; WEST OF AND ADJACENT TO CR 45. II" Kim Ogle, Planning Services, presented Case USR15-0037, reading the recommendation and comments into the record. Mr. Ogle noted that one(1) email correspondence was received with concerns regarding traffic and turning radii onto county maintained roads. 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. 2 Iii Lauren Light, Environmental Health, r vi reviewed thepublic water and sanitary sewer requirements, on- site q , dust control, and the Waste Handling Plan. II` Anne Johnson, Tetra Tech, 1900 South Sunset Street, Longmont, Colorado, stated that the applicants are proposing the transportation, storage, blending and distribution of crude oil near Lucerne, Colorado. The facility will operate 24 hours, 7 days per week, 365 days per year with eight(8) employees on site. They will also operate a SCADA system to monitor the facility remotely. Commissioner Johnson asked how the enclosed tanks will handle the gas from crude oil. Seth Vanderlinde, Blue Grama Land Corporation, 501 South Coal Train, Edmund, Oklahoma, said the oil that will be brought into the facility will be highly regulated and will be merchantable crude oil so there should not be any gas. He added that if there is gas, there are safety checks at the off-loading points. The tanks themselves are designed to hold a certain amount of vapor. Commissioner Smock asked how this will affect the surrounding farmland. Ms. Johnson said that it shouldn't impact the surrounding agricultural land as the onsite storm management facilities are designed to capture on-site run off as well as anything that might come from the roads. She added that they have discussed this design with the ditch companies so that they are comfortable with the design. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Eric Angus, 30740 CR 47, stated that he lives east of this project about one (1) mile; however they farm all around this site. He is concerned with the increase in truck traffic as it is already heavily traveled with beat trucks this time of year. He is concerned with the safety of his operators moving equipment with this amount of truck traffic. Mr. Angus inquired how they will get trucks onto Highway 85 from County Road 66 without a stop light and suggested bringing the trucks to the site from Highway 392 and County Road 45. Mr. Angus stated that he doesn't have a problem with the storage site other than it is taking some prime agricultural farmland. ID`' Ms. Johnson stated that safety is a primary concern for the applicant as well. They will be entering into a long term road maintenance and improvements agreement so if triggers are met the applicant will be required to make improvements to the roadway. She added that they chose County Road 66 west to Highway 85 because there are auxiliary lanes in place on Highway 85 so it is more safe to access and exit off of Highway 85 to County Road 66. In response to Commissioner Johnson's inquiry, Gene Coppola, Traffic Consultant, 9323 Armadillo Drive, Lonetree, Colorado, stated that the service area for this facility is basically west and south of the site so most of the traffic will be using Highway 85. 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. ID" Motion: Forward Case USR15-0037 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 Sparrow, Seconded by Bruce Johnson. Vote: Motion carried by unanimous roll call vote(summary: Yes = 8). Yes: Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman, Terry Cross. Commissioner Smock commented that she is concerned with the safety of the farmers moving their equipment on the roads and would like to see something from the applicant's point of view to help the farmers because the farmers were here first. Johnson concerned with h traffic is sue Jo so s co ce edthe t a c and the safety of the tanks. Commissioner Berryman requested that the applicants to do what they can with working with traffic. 3 Commissioner Jemiola understands the route selected based on current safety and feels it is good to maintain a relationship with the neighbors. DD' CASE NUMBER: USR15-0053 APPLICANT: WELLS RANCH LLLP, C/O DCP MIDSTREAM, LP PLANNER: KIM OGLE REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR MINERAL RESOURCE DEVELOPMENT, OIL AND GAS SUPPORT AND SERVICE, INCLUDING OIL AND GAS PROCESSING FACILITIES AND RELATED EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, TWO (2) COMPRESSORS ASSOCIATED WITH GAS PROCESSING OR WHICH COMPRESS GAS TO ENTER A PIPELINE FOR TRANSPORT TO MARKET, AND ONE (1) ONE HUNDRED FOOT IN HEIGHT COMMUNICATIONS TOWER IN THE A(AGRICULTURAL)ZONE DISTRICT LEGAL DESCRIPTION: SUBX15-0024 BEING PART OF THE E2 NW4 SW4 SECTION 19, T6N, R62W OF THE 6TH P.M.,WELD COUNTY, COLORADO. LOCATION: APPROXIMATELY 0.5 MILES SOUTH OF CR 68; AND APPROXIMATELY 2.25 MILES EAST OF CR 69. DP* Kim Ogle, Planning Services, presented Case USR15-0053, reading the recommendation and comments into the record. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Jennifer Petrik, Engineering, reported on the existing traffic, access and drainage conditions and the requirements on site. ID' Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on- site dust control, and the Waste Handling Plan. Ms. Light recommended deleting Development Standard 15 as it was not part of the referral and is covered under Development Standard 16. Patrick Groom, Witwer, Oldenburg, Barry & Groom, 822 7th Street, Suite 760, Greeley, stated that DCP has previously permitted two (2) other compressor stations on the Wells Ranch. These are located to the west of this proposed compressor station. Noble Energy is the oil and gas producer who is producing on the Wells Ranch and they are demanding more compression of gas and as a result DCP need to construct this proposed compressor station. Additionally, DCP is proposing a 100 foot communication tower to monitor production at the compressor station. The subdivision exemption is 20 acres in size and the surrounding area will be kept in grassland. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. II* Motion: Delete Development Standard 15, as recommended by staff, Moved by Terry Cross, Seconded by Joyce Smock. 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. II* Motion: Forward Case USR15-0053 to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Joyce Smock, Seconded by Bruce Sparrow. Vote: Motion carried by unanimous roll call vote (summary: Yes = 8). Yes: Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman, Terry Cross. The Chair called a recess at 1:54 pm and reconvened the hearing at 2:10 pm. 4 I` CASE NUMBER: USR15-0046 APPLICANT: FLOYD RUSTYE COLE PLANNER: KIM OGLE 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 (SOLID WASTE MANAGEMENT FACILITY), 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 AND ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A (SECOND SINGLE FAMILY DWELLING UNIT) IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION: S2 NW4 SECTION 17, T9N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: APPROXIMATELY 660 FEET SOUTH OF CR 106; EAST OF AND ADJACENT TO CR 27. DI' Kim Ogle, Planning Services, presented Case USR15-0046, reading the recommendation and comments into the record. Mr. Ogle noted that three (3) letters of support were received requesting to provide no screening on the property. Given this request, the Department of Planning Services is not requiring a screening plan. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. ID" Wayne Howard, Engineering, reported on the existing traffic, access and drainage conditions and the requirements on site. II* Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on- site dust control, and the Waste Handling Plan. Rustye Cole stated that he is the owner of Snowy River Enterprises for 23 years. The reason for this request is to get out of debt and operate on a smaller scale. He added that they chose this area because there is less traffic and he won't be impacting the area with traffic and with the product stream available in the area. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. 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. D`' Motion: Forward Case USR15-0046 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 Michael Wailes, Seconded by Gene Stille. Vote: Motion carried by unanimous roll call vote(summary: Yes = 8). Yes: Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman, Terry Cross. CASE NUMBER: USR15-0038 APPLICANT: TIMBRO RANCH &CATTLE CO LLC, C/O WELLS TRUCKING, LLC PLANNER: CHRIS GATHMAN REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR MINING OR RECOVERY OF OTHER MINERAL DEPOSITS AND MATERIALS PROCESSING (GRAVEL MINING) IN THE A (AGRICULTURAL) ZONE DISTRICT. 5 LEGAL DESCRIPTION: ALL OF SECTION 10, T9N, R59W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: APPROXIMATELY 1 MILE WEST OF CR 119 AND APPROXIMATELY 1 MILE NORTH OF CR 104. Chris Gathman, Planning Services, presented Case USR15-0038, reading the recommendation and comments into the record. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Commissioner Smock asked to clarify the impact area of the mining. Mr. Gathman stated that the proposed mined area is 37 acres. ID" Wayne Howard, Engineering, reported on the existing traffic, access and drainage conditions and the requirements on site. Ils Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on- site dust control, and the Waste Handling Plan. Ms. Light noted that Development Standard 8 should be amended to read "Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. Portable toilets and bottled water are acceptable. Records of maintenance and property disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environmental. Portable toilets shall be serviced by a cleaner licensed in the Weld County and shall contain hand sanitizers". Additionally, Ms. Light requested that a new Development Standard 7 be added to read "Fugitive Dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commissions Air Quality Regulations". Mr. Gathman referred to Condition of Approval 5.A which requires a grading permit if more than 1 acre is disturbed; however that condition may be deleted as it is not a requirement in this case. John Kolanz, 2725 Rocky Mountain Avenue, Suite 320, Loveland, Colorado, stated that the operation of this mine will be determined by market demand. They anticipate 2 years; however it depends on the market conditions. Commissioner Johnson asked what the reclamation plan is. Mr. Kolanz said that it will be regraded, revegetated and put back to range land. Commissioner Smock is concerned with the additional 150 trucks on the roadways out there. Mr. Kolanz said that they are taking those trucks off of more populated areas and added that they will enter into an improvements and road maintenance agreement. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. .' Motion: Delete Condition of Approval 5.A, as recommended by staff, Moved by Bruce Johnson, Seconded by Michael Wailes. Motion carried unanimously. Motion: Amend Development Standard 8, as recommended by staff, Moved by Bruce Sparrow, Seconded by Terry Cross. Motion carried unanimously. Motion: Add new Development Standard 7 and renumber accordingly, as recommended by Staff, Moved by Joyce Smock, Seconded by Bruce Sparrow. 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. 6 ID" Motion: Forward Case USR15-0038 to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Bruce Sparrow, Seconded by Michael Wailes. Vote: Motion carried by unanimous roll call vote (summary: Yes = 8). Yes: Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman, Terry Cross. Commissioner Smock commented that she is concerned with the number of trucks on the roadway in that area. Commissioner Jemiola echoed Ms. Smock's concerns regarding traffic. The Chair called a recess at 2:46 pm and reconvened the hearing at 2:55 pm. CASE NUMBER: USR15-0039 APPLICANT: JEFFERY& DIANNE ENGELMAN LIVING TRUST PLANNER: CHRIS GATHMAN 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 AND SELF-STORAGE FACILITY), 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: PART N2 SECTION 27, T5N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: IMMEDIATELY TO THE SOUTHWEST OF THE INTERSECTION OF 37TH STREET AND 47TH AVENUE. ID* Chris Gathman, Planning Services, presented Case USR15-0039, reading the recommendation and comments into the record. Mr. Gathman noted that there are 17 letters of opposition to this proposal from surrounding property owners. He added that three letters were received during this hearing and he provided copies to the attorney to enter into the record. The concerns outlined in these letters are that this proposed use is not the highest and best use of the property and will negatively impact development of commercial lots in the Tuscony Subdivision, more of an industrial use, the property is low compared to the roadway and it will be difficult to provide screening to mitigate visual impacts to surrounding property, traffic, impact to development on cattails and wetlands development, impact on surrounding property values, safety concerns related to storage items, trespassing, snow storage, noise, and fluids from vehicles leaking into adjacent lake. The Department of Planning Services is recommending screening of the outdoor storage on site. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Commissioner Jemiola noted that he is a Trustee of the Milliken Town Board; however he stated that he has not seen this application or this referral and feels he will be fair and impartial in this case. Jennifer Petrik, Engineering, reported on the existing traffic, access and drainage conditions and the requirements on site. ID" Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on- site dust control, and the Waste Handling Plan. 1►' Deanne Frederickson, AGPROfessionals, stated that the applicants are proposing a self-storage and RV storage business, along with a residence located on site. Ms. Frederickson provided a brief description of the development of the site. A meeting was held with the Lake Arrowhead Water Association in May 2015 and discussions centered on access to the lake and lighting of the facility. Additionally, the applicant met with a total of 15 neighbors to discuss this proposal. 7 Commissioner Jemiola referred to the objection letter from Anadarko regarding mineral interest notice and asked if they have talked to Anadarko. Ms. Frederickson said that she first saw this letter at the hearing today and added that she talked to their attorney and it appears to be a form letter. She added that they are willing to talk with them about a surface use agreement. Given the location and size of the property they feel it is unlikely that they would drill in this area but are happy to talk with them. Commissioner Smock asked if the lake is currently being used for recreation. Ms. Frederickson said that the Lake Arrowhead Water Association could answer that question. The north side of the lake is not allowed to have recreation but they are willing to allow them access to it for maintenance purposes. Commissioner Sparrow asked if the applicant has any rights to the lake for irrigation. Ms. Frederickson said that they will not use it for irrigation. ID' The Chair asked if there was anyone in the audience who wished to speak for or against this application. Blair Howe, 5623 Arrowhead Drive, represents the Lake Arrowhead Water Association that uses the lake to water the properties within the Lake Arrowhead Subdivision. He stated that the Board has no inclination one way or another as it relates to the ability to store and deliver water. However, he said that they do need access on the west side of this facility for maintenance. He added that they would like to have fencing on the south side of the lake for security and safety of the patrons of this facility as it is an attractive nuisance for others. Additionally, they do not want anyone parking on the lakeshore. Mr. Howe stated that they are also concerned with contamination into the water as it flows directly into the South Platte River as they do not know what will be stored in those units. Commissioner Wailes asked to clarify why they need access to the west side of the storage facility. Judy Sahrle, Treasurer of the Lake Arrowhead Water Association, stated that they own the property west of the proposed facility and there are cattails in the area that they need to maintain. They are asking the applicants to give them access to continue the maintenance of the property. Il°` Blair Howe said that they are trying to get used to the traffic with the new school and understand that 37th street may be widened; however the change is difficult to deal with. Diana Krausnick, 4839 Arrowhead Drive, President of Lake Arrowhead Homeowners Association, provided a collection of concerns from the homeowners in Lake Arrowhead Subdivision. She stated that the lake is used as recreation to fish and feed the geese and wildlife and to observe the wildlife. Ms. Krausnick stated that they are opposed to this proposal and briefly described their concerns related to traffic, construction & visual impacts, illegal activities, size of home on site, lay of the land, no 404 Permit from the Army Corp of Engineers, water quality, and safety and site operations of the facility. Ms. Krausnick stated that they are not opposed to smart site usage and usage consistent with the residential environment and usage that protects the water quality, wetland and fish/waterfowl. Commissioner Wailes asked if the Homeowners Association has looked at purchasing this property to preserve as a park or open space. Ms. Krausnick said that the Homeowners Association Board had been approached over the last 20 years by the developer and doesn't know why it didn't go any further. She added that the developer originally told the owners within the subdivision that this site would be a golf course. Commissioner Cross asked if the residents that live along the shore were ever flooded or does the lake rise high enough to impact the residents. Ms. Krausnick said that to her knowledge none of the houses were flooded. Commissioner Wailes asked what the permitted recreational use of the lake is for the residents of Arrowhead Subdivision. Ms. Krausnick said that non-motorized boats, fishing and some swimming are allowed. 8 Commissioner Jemiola asked if there is anything that the applicants could do to make this project more compatible. Ms. Krausnick said that restaurants or businesses that house law offices or medical offices would be more compatible as there are concerns with the aesthetics and things that happen in storage units. They requested an unfavorable recommendation of this application. Ms. Krausnick said that they would want to see fencing to stop any trash or debris from the storage facility getting into the lake, would like to see minimized traffic flow through the neighborhood, and security and safety of the surrounding properties. Ms. Krausnick indicated that they are not in support of the project, regardless. ID" Andrew Hinz, 5411 Arrowhead Drive, stated that he has lived there for 10 years and is in support of this request. He said that the applicant has cleaned and maintained this site over the past six months and is happy to see the improvements. He added that the applicants have met the requirements of the code and doesn't see any standing where they can't pursue their economic endeavor to move forward with this project. Nancy Acedo-Keene, 5506 Arrowhead Drive, stated that she has lived there for 15 years. She believes the zoning for storage should be commercial or industrial and is not compatible with the surrounding land uses. She is concerned with the..fluid discharge from the storage units and RVs stored on site. Additionally, they are concerned with air pollution from the idling RV's, and the people that will come to the storage units as they may trespass the neighborhood. She added that there will be an impact to the wildlife habitat and vegetation. i" Anne Peif, 5053 Pawnee Drive, said that she has lived there for over 30 years. She is concerned with the visual impacts of the facility from their property. Additionally, she is concerned with the increased traffic, illegal activity from storage units, theft and crime, noise, lighting, and property values. She stated that the lake amplifies any sound and light that will come from the facility. She inquired when the pursuit of commercial development in this area is more important than the development of properties in our subdivision. r` Gary Helgeson, 4840 Pawnee Drive, stated that he is opposed to this project. His concerns include the decrease of property values and that it will be an eye sore to the subdivision entrance. He added that there are bald eagles and swans on the lake. Commissioner Jemiola asked what would make it more compatible. Mr. Helgeson said that he doesn't think anything could make it more compatible with the area. IID" Dorothy Elder, 5008 Pawnee Drive, stated that they have lived there for 25 years. She is concerned with the project as it is an eye sore after it will be built and doesn't believe it is the highest and best use. ID' Sandy Sory, 5020 Pawnee Drive, echoed Ms. Pelf's comments. She said that this project is not right for this corner. Kelly Nauton, 5408 Arrowhead Drive, stated that this project is not consistent with surrounding uses since there are no commercial properties in the surrounding vicinity. She added that it is not consistent with future development and there is some question to what the future development would be since nothing has been done. The building of the new school is indicative of the future area and added that typically residential development surrounds schools and is more appropriate for this area. D' Jim Vitale, 4800 Kiowa Drive, stated that he purchased property in the subdivision in 2014 after looking for the right place. If there had been a storage facility then, they would not have purchased their property. DI" Less Lieser, 5106 Kiowa Drive, purchased their property in 1970. He said that they were under the pretenses that this site was to be a golf course. He added that the storage facilities deteriorate rapidly and added that it belongs in an industrial area. 9 D" Bruce Lane, 5141 Pawnee Drive, said that he has lived there for•27 years. He stated that everything runs to the lake. He noted that the applicant is going to make an 8 foot cut and doesn't know how they will keep the storage units dry and the volume of water is going to go through the property bringing all the pollutants and debris into the lake. DD. Judy Sahrle, 5716 Arrowhead Drive, said that they bought their property 21 years ago because of the lake. She said that she is not opposed to storage units and is a partner of a storage facility in Loveland. She added that they were required to provide feasibility, economic and traffic studies and added that it needs to be in an industrial park. Ms. Sahrle stated that there are 160 houses in Arrowhead, of which 76 homeowners own the lake and have water pumped to their property for irrigation. Ms. Sahrle added that they pay an enormous amount of insurance for the lake for liability reasons. She asked what will stop kids from wandering out of the storage facility and falling into the lake. Additionally, she asked what will prevent trash going into the lake from the storage facility. ID' Wayne Morgan, 5400 Arrowhead Drive, agreed with the previous comments and believes that there is no need for a storage facility. He said that with the amount of traffic it is difficult to access 37th Street and added that he is concerned with the increase of accidents. ID' Marie Lieser, 5106 Kiowa Drive, stated that they built their home 42 years ago. She said that she is concerned about the safety of the children in the neighborhood. D' Ryan Peif, 5622 Ute Lane, said that he has spent 22 years of his childhood life there and currently lives there with his wife. He said that he doesn't know how a 30 foot motor home will safely access off of 37th Street in its current design as 37th Street was raised to accommodate the water flow. He said that this neighborhood has been established for 50 years and now the property values will decrease with this storage facility. Pat Hergenreter stated that his concern is with the application as it does not meet the guidelines in the Comprehensive Plan. He added that one-half mile away Weld County approved three (3) RV storage facilities. He indicated that it seems like the County is dictating future development in this area. I`' Linda Farrier, Farrier Real Estate, stated that she is the broker who sold this property. She is familiar with Arrowhead Subdivision. She said that this property is slightly unique as it is on the north side of the lake and is bound by two busy roads and this site would be commercial because of the road activity. Ms. Farrier said that this property was on the market and she didn't receive a single phone call from a neighbor or an interested party to build a house or apartment building. She added that the interest she received was for a hunting preserve or for commercial use. Commissioner Wailes asked how long it was on the market. Ms. Farrier said it was previously marketed by Mr. Lundvall for some time and added that she put it on the market July 2015 and had it under contract in about four months. Ms. Farrier said that this property sat as a field which became overgrown and Mr. Engelman has removed weeds, bushes, trees and maintained it since he has purchased it. II Susan Hergenreter, 5610 Ute Lane, said that the weeds were native habitat for the wildlife and added that the applicant would clean it up for his development. She said that this is an industrial use in an agricultural area. She feels that it is a detriment to their neighborhood. Commissioner Jemiola asked if there is anything that could mitigate these concerns. Ms. Hergenreter said that she cannot think of anything that would make it more compatible with the surrounding uses. The Chair called a recess at 5:05 pm and reconvened the hearing at 5:21 pm. I" Ms. Frederickson said that the property is still available for purchase if someone would like to discuss that. It has been vacant property for a very long time and understands that the neighbors would want to keep it that way. She said that they have tried to be compatible with the area and have designed 10 two (2) detention ponds that will control the water on site so this will collect any debris before going into the lake. Ms. Frederickson said that Mr. Engelman owns another storage facility called "Gateway Storage" for over 20 years in Greeley and added that it is currently at capacity. She added that it is a very clean storage facility and welcomed anyone to visit it. Ms. Frederickson said that if a fence is needed they would be happy to install a new fence; however they felt the proposed roadway and detention ponds would deter anyone trespassing into the lake area. She added that they felt rather than fencing they would have natural landscaping but they will be happy to install fencing. Mr. Frederickson said that there will be no public auctions at this facility. She said that most of the time they resolve the issues and added that with an abandoned unit they have to go through a process of clearing the storage unit. Commissioner Jemiola asked what type of fencing would be proposed. Ms. Frederickson said that she would not encourage a 6 foot privacy fence as it isn't a good view but they are willing to do whatever it takes. Additionally, if more screening is needed they are open to provide more screening. Ms. Frederickson stated that the Lake Arrowhead Water Association will have access to maintain their facility Commissioner Johnson asked what the proposal is for cleaning up any trash. Jeff Engelman, 2600 36th Avenue, stated that they will pick up the property in the morning and go back around in the evening to clean the property. There is not a lot of trash left by customers as there is trash that gets blown in from the outside. He said that they have been recognized as an Outstanding Operators Award in the magazine, Self-Storage Insight and Education. Commissioner Stille asked if the home will be a stick built home or if it will be a double-wide home. Mr. Engelman said it will be stick built and wants it to look like it fits into the community. He said that he wants to keep out the low rent out and maintain it as an upper class facility. He said that according to the City of Evans' budget the plan for 37th Street from 47th Avenue to 65th Avenue is projected to be a four-lane road as well as 65th Avenue and 47th Avenue. He added that these are budgeted numbers for 2016 and 2018. Mr. Engelman said that they will have nightly security staff that will come at random times at night. 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. DI' Motion: Forward Case USR15-0039 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 Brue Johnson, Seconded by Bruce Sparrow. Vote: Motion carried by unanimous roll call vote(summary: Yes = 8). Yes: Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman, Terry Cross. Commissioner Johnson said that the residents take the agricultural community for granted that is their open space. He encouraged the applicant to further study the water that will come onto the property and go off the property. Commissioner Stille appreciated the comments from the public and believes that these concerns have been addressed. 11 Commissioner Smock encouraged the public to attend the hearing before the Board of County Commissioners. She added that there are some valid concerns; however she believes the applicant has a valid application and has met the criteria in the Weld County Code. Commissioner Wailes said that it is commendable that there are residents who take pride in their community. He echoed Mr. Johnson's comments in regard to taking the agricultural land for granted as a protected space. He believes that the applicant will do the right thing to make this successful for him and the community as the burden will be placed on him to follow the development standards. Commissioner Berryman said that he doesn't enjoy it when a neighborhood is pitted against an applicant; however the applicant does have the ability to apply for what they want and believes they have met the requirements and tried to address the neighbor's concerns. He encouraged additional screening of the facility and to try and discourage traffic flowing into the subdivision. Commissioner Jemiola encouraged the applicant to reach out to the neighbors prior to the Board of County Commissioner hearing which is scheduled for October 215t at 10 am. 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. No one wished to speak. Meeting adjourned at 6:10 pm. Respectfully submitted, �Q�j Digitally signed by Kristine Ranslem �lb6nl�' 4441.p.oL Date:2015.10.09 15:51:32 -06'00' Kristine Ranslem Secretary 12 Hello