HomeMy WebLinkAbout20153347.tiff 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: 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.
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 22-2-100 A.C.Goal 1.of the Weld County Code states:"Promote the location of
commercial uses within municipalities, County Urban Growth Boundary areas,
Intergovernmental Agreement urban growth areas,growth management areas as defined
in municipal comprehensive plans,the Regional Urbanization Areas,Urban Development
Nodes or where adequate services are currently available or reasonably obtainable."
The majority of the site is located within the urban growth boundary of the City of Evans.A
smaller area of the western edge of the site is located within the urban growth boundary of
the City of Greeley.
Section 22-2-100 C.Goal 5.of the Weld County Code states:"Minimize the incompatibilities
that occur between commercial uses and surrounding properties."
The applicants are proposing buildings to be placed along the northern portion of the site to
assist in screening the along 37'h Street and along the eastern portion of the site from 47'"
Avenue.The applicant is proposing trees and shrubs along the southern portion of the site to
assist in screening the site from the Arrowhead Subdivision to the south(across the lake).A
condition of approval is attached requiring the outdoor RV storage area to be screened by an
opaque fence or vegetation that serves as a solid screen from 37'"Street and Arrowhead
Subdivision.
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 of the Weld County Code states:"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 parking 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."
EXHI
A
334'7
RESOLUTION USR15-0039
JEFFERY & DIANNE ENGELMAN LIVING TRUST
PAGE 2
C Section 23-2-220 A 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses. The proposed use is located approximately 675 feet to the north and
east of an existing residential subdivision (Arrowhead Subdivision) . Farmland is located to the
north and west of the site. A residential development in the City of Evans (Tuscany) is located
to the northeast The Department of Planning Services has received two letters of opposition
to this proposal . These letters express concerns with the following :
• Concerns that the proposed RV parking and self storage facility will not be the
highest and best use on the site and will negatively impact the development of
commercial lots in the Tuscany subdivision .
• The property is low compared to the roadway and adjacent properties and it will be
very difficult to provide enough screening to mitigate the visual impacts on this use
from surrounding properties
• Potential for negative impact on sales tax from future commercial development and
property taxes of existing properties in the area .
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 City of Evans, City of Greeley
and the Town of Milliken. The Town of Milliken has a coordinated planning agreement with
Weld County that became effective August 31 , 2015 . This application is located within the
boundaries of this Coordinated Planning Agreement. However. this application was submitted
before this agreement was effective
The Town of Milliken . in their referral comments dated August 14 . 2015. indicated that they
have no concerns but that the Planning Commission did not think it is a compatible use with
surrounding uses_
The City of Greeley Planning Department, in their referral comments dated August 5. 2015,
the City of Greeley Planning Department had no comments and the Engineering Department
provided an advisory comment noting that a portion of the site is within the Ashcroft Draw 100
year floodplain
No referral response has been received from the City of Evans
E Section 23-2-220.A. 5 -- The application complies with Chapter 23. Article V. of the Weld
County Code The existing site is within the County-Wide Road Impact Fee Area and the
Capital Expansion Impact Fee area.
The very southern portion and the eastern edge of the property are located in the 100-year
floodplain and 100-year floodway according to the preliminary DFIRM floodplain layer RV
storage is not allowed in the floodplain according to the application materials and RV storage
will be on the northern part of the site and not in the 100-year floodplain
Building Permits issued on the lot will be required to adhere to the fee structure of the
County-Wide Road Impact Fee Program .
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.
RESOLUTION USR15-0039
JEFFERY & DIANNE ENGELMAN LIVING TRUST
PAGE 3
The proposed storage facility is located on approximately 8 acres delineated as " Irrigated
Land (Not Primer per the 1979 Soil Conservation Service Important Farmlands of Weld
County Map_
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 The applicant shall attempt to address the requirements of the Front Range Fire Rescue
District. as stated in the referral response dated August 20. 2015 Written evidence of such
shall be submitted to the Weld County Department of Planning Services. (Front Range Fire
Rescue District)
B A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required (Department of Planning Services -
Engineer)
C The map shall be amended to delineate the following:
1 All sheets of the map shall be labeled USR15-0039 (Department of Planning Services)
2 The attached Development Standards (Department of Planning Services)
3 The map shall be prepared in accordance with Section 23-2-260. D of the Weld County
Code. (Department of Planning Services)
4 The applicant shall delineate on the map the trash collection areas. Section 23-3-350. H
of the Weld County Code addresses the issue of trash collection areas (Department of
Planning Services)
5 The map shall delineate the landscaping and/or screening In addition to the screening
shown on the site map submitted with application, the following shall be added:
a. The exterior RV parking areas shall be screened from adjacent properties and public
rights of way by a solid fence and/or solid vegetation or a combination thereof
(Department of Planning Services)
b With the exception of the northwestern and northeastern portions of the site No
trees or shrubs are indicated along the northern boundary of the site. Additional
landscaping shall be installed along the north property line to mitigate the
appearance of the buildings/facility. (Department of Planning Services)
6 The map shall delineate the lighting Any lighting poles and lamps shall comply with
Section 23-3-360. F . which states. in part, that. "any lighting shall be designed , located ,
and operated in such a manner as to meet the following standards sources of light shall
be shielded so that beams or rays of light will not shine directly onto adjacent properties "
(Department of Planning Services)
RESOLUTION USR15-0039
JEFFERY & DIANNE ENGELMAN LIVING TRUST
PAGE 4
7 All approved signs shall be shown on the map (Department of Planning Services)
8 The map shall delineate the parking for customers and/or employees ( Department of
Planning Services)
9 Lake Arrowhead Drive is a paved road and is designated on the Weld County Road
Classification Plan as a local road which requires 60 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 right-of-way This road is maintained by
Weld County (Department of Planning Services - Engineer)
10 Show and label the approved . access (AP15-00385) . and 60-foot turning radii on the site
plan . (Department of Planning Services - Engineer)
11 Show the approved City of Evans access on the site plan and label with the approved
access permit number if applicable. (Department of Planning Services - Engineer)
12 Show and label all easements with the recorded document reception number and date on
the site plan . (Department of Planning Services)
13 Show and label the accepted drainage features and drainage flow arrows on the site
plan . Label the stormwater ponds as Stormwater Detention . No-Build or Storage Area.
Volume = TBD (Department of Planning Services-Engineer)
14 Show the floodplain and floodway (if applicable) boundaries on the map Label the
floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or
appropriate study (Department of Planning Services)
2 . Upon completion of Condition of Approval #1 above. the applicant shall submit one ( 1 ) paper copies
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@co.weld.co. us_ (Department of Planning Services)
5. Prior to Construction -
A_ If more than 1 acre is to be disturbed. a Weld County grading permit will be required .
(Department of Planning Services - Engineer)
B The approved access and tracking control shall be constructed prior to on-site construction .
(Department of Planning Services-Engineer)
RESOLUTION USR15-0039
JEFFERY & DIANNE ENGELMAN LIVING TRUST
PAGE 5
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)
Motion seconded by Bruce Sparrow
VOTE
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Joyce Smock
Michael Wades
Nick Berryman
Terry Cross
Gene Stifle
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 October 6 , 2015 .
Dated the 6`h of October, 2015.
Digitally signed by Kristine Ranslem
43\i66-11 Artel&in, Date: 2015. 10.09 16:18: 15 -0600'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Engelman
USR15-0039
1 . A Site Specific Development Plan and Use by Special Review Permit USR15-0039, 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 Parking and Self Storage Facility) in the A (Agricultural) Zone District, subject to the
Development Standards stated hereon. 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)
2_ The hours of operation are 24 hours a day. seven (7) days a week. as stated by the applicant(s) .
(Department of Planning Services)
3. 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)
4. There shall be no storage of industrial and/or commercial vehicles. equipment and materials and no
hazardous material storage allowed on site. (Department of Planning Services)
5. The parking on the site shall be maintained. (Department of Planning Services)
6_ The landscaping/screening on the site shall be maintained . (Department of Planning Services)
7. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act. Section
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)
8. 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. Section 30-20-100. 5. C . R. S. (Department of Public Health and Environment)
9 . Waste materials shall be handled . stored, and disposed of 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)
10. 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)
1 1 _ This facility shall adhere to the maximum permissible noise levels allowed in the Non-specified Zone
District. as delineated in Section 14-9-30 of the Weld County Code_ ( Department of Public Health and
Environment)
12 . Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the
facility. at all times. (Department of Public Health and Environment)
13. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The facility
shall utilize the public water supply and the municipal sewage treatment system from the City of Evans.
(Department of Public Health and Environment)
14. 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)
15 . 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)
RESOLUTION USR15-0039
JEFFERY & DIANNE ENGELMAN LIVING TRUST
PAGE 7
16. Should noxious weeds exist on the property. or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to
Chapter 15, Articles I and II . of the Weld County Code (Department of Planning Services — Engineer)
17. The site shall be maintained to mitigate any impacts to the public road including damages and/or offsite
tracking (Department of Planning Services - Engineer)
18. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning
Services - Engineer)
19. Weld County is not responsible for the maintenance of onsite drainage related features (Department of
Planning Services - Engineer)
20. This site is located in a State Designated. Municipal Separate Storm Sewer System (MS4) Area which
may trigger specific water quality requirements or other drainage improvements if the lot develops further.
(Department of Planning Services - Engineer)
21 . There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Department of Planning Services - Engineer)
22 . A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map #08123C- 1519E effective date January 20. 2016 (Ashcroft Draw Floodplain) . Any
development shall comply with all applicable Weld County requirements. Colorado Water Conservation
Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado, and
FEMA regulations and requirements as described in 44 CFR parts 59. 60. and 65. The FEMA definition of
development is any man-made change to improved or unimproved real estate, including but not limited to
buildings or other structures. mining. dredging. filling . grading, paving. excavation . drilling operations, or
storage of equipment and materials (Department of Planning Services - Floodplain)
23. Building permits may be required , per Section 29-3- 10 of the Weld County Code Currently, the following
have been adopted by Weld County- 2012 International Codes, 2006 International Energy Code. and 2014
National Electrical Code. A Building Permit Application must be completed and two (2) complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted
for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection . (Department of Building Inspection)
24 . The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code
25. 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.
26 . 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
27. 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 .
28. 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 .
mit
RESOLUTION USR15-0039
JEFFERY & DIANNE ENGELMAN LIVING TRUST
PAGE 8
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state
face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational
plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology
and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource sites
are fixed to their geographical and geophysical locations. Moreover, these resources are protected
property rights and mineral owners should be afforded the opportunity to extract the mineral resource.
29. 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
co t ues 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.
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 1214 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.
Motion . Approve the September 15, 2015 Weld County Planning Commission minutes, Moved by Michael
Wailes, Seconded by Joyce Smock. Motion passed unanimously
CASE NUMBER USR15-0039
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
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 Petnk. 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.
EXHIBIT
._t ‘5-Od
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.
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 .
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.
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 .
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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
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
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 RVs. 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 .
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
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
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.
Sandy Sory. 5020 Pawnee Drive, echoed Ms Peifs 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.
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
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
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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 brin in all the
pollutants and debris into the lake
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
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.
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.
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
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
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
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 two (2)
detention ponds that will control the water on site so this will collect any debris before going into the lake.
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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 36"'
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 47"' 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.
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 Stifle. 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.
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
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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 21St at 10 am.
Meeting adjourned at 6: 10 pm.
Respectfully submitted ,
Digitally signed by Kristine Ranslem
diA1,46/1& Date: 2015 . 10.09 16: 17:04 -06'00'
Kristine Ranslem
Secretary
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