HomeMy WebLinkAbout20153359.tiff HEARING CERTIFICATION
DOCKET NO. 2015-102
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR15-0039, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR 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 PART OF
A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS
CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT - JEFF
AND DIANNE ENGELMAN LIVING TRUST
A public hearing was conducted on October 21, 2015, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Tisa Juanicorena
County Attorney, Bruce Barker
Planning Services Department representative, Chris Gathman
Planning Services Engineer representative, Wayne Howard
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated September 17, 2015, and duly published
September 23, 2015, in the Greeley Tribune, a public hearing was conducted to consider the
request of Jeff and Dianne Engelman Living Trust, for a Site Specific Development Plan and Use
by Special Review Permit, USR15-0039, for any Use permitted as a Use by Right, Accessory
Use, or 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 part
of a map or plan filed prior to adoption of any regulations controlling subdivisions in the
A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record.
Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal to include the number of storage buildings, storage units, RV storage, parking spaces,
and employees. He also reviewed the details regarding the hours of operation, proposed
customer visits per day, gated access, security and signage, and on-site residence and office.
Mr. Gathman displayed a map of the location and stated staff has received 17 letters and emails
expressing concerns with: RV parking, not the best use for the area, negative impacts to the
Tuscany development, retail would be more appropriate, low in elevation, difficult to provide
screening, new school proximity and traffic. He interjected the answer to the concern regarding
any work done in the wetlands would require a 404 Permit from the Army Corps of Engineers;
however, the applicant was not proposing any development in that area. Mr. Gathman continued
to list the concerns to include: negative impact on sales tax, safety, trespassing, trash blowing
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into the lake, snow removal, and fluids from vehicles leaking into the lake. He clarified the
Department of Planning Services is requiring screening and vegetation to mitigate visual impacts
and also noted a Development Standard is in place to prohibit storage of derelict vehicles. Staff
sent out 14 referrals and received nine (9) responses indicating no comments or approval with
conditions. Mr. Gathman reported the site is located within the three (3) mile referral area of the
Cities of Greeley and Evans and the Town of Milliken. He referenced a referral response from the
City of Evans regarding traffic which will be addressed by Wayne Howard, Planning Services
Engineer. Mr. Gathman further clarified the site is located within the boundaries of the
Coordinated Planning Agreement between the Town of Milliken and Weld County; however, this
application was submitted before this Agreement was effective and the Town of Milliken had no
concerns in the referral response. He reported the Planning Commission did not think this Use
was compatible with surrounding land uses but would defer to the County Commissioners for a
decision and the City of Greeley supplied an advisory comment that the site was located in the
Ashcroft 100 year floodplain. Mr. Gathman stated the applicant held a community meeting and
invited neighboring property owners to attend on October 14, 2015. He displayed images of the
site and surrounding properties and entered the favorable recommendation of the Planning
Commission into the record as written.
Wayne Howard, Department of Planning Services Engineer, provided a brief overview of
the transportation plans and requirements stating Arrowhead Drive is maintained by Weld County
and 37th Street is owned and maintained by the City of Evans and the site has approved accesses
from both of these roads, pursuant to Access Permit AP#15-00385. Mr. Howard reviewed the
average daily traffic counts, minimum turning radii, and tracking control, and stated the application
materials indicate approximately 35-40 daily round trips. He clarified the applicant has also
indicated they will pave all interior driving surfaces and, due to the low volume of traffic, there will
be no roadway improvements required. Mr. Howard clarified that the applicant's representative
has submitted a preliminary drainage plan for review to be followed up with a final plan. He also
mentioned that the surrounding landowners submitted information at Planning Commission
regarding stormwater coming across 37th Street and he has forwarded this to the applicant's
engineer to consider in the final design. Lastly, he stated that the site is located in a MS4 area
which has a higher water quality standard to be reflected in the drainage plan, the site will require
a Weld County Grading Permit, and it is adjacent to the FEMA regulated floodplain; however, the
applicant has stated they will not disturb the floodplain.
Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions stating there is a resident and office on-site with water and sewer provided by the City
of Evans. She reported no outstanding issues.
Cl Deanne Frederickson, AGPROfessionals, represented the applicant, and displayed a
PowerPoint presentation and began by reviewing the location and acreage in relation to the
application and stating the applicant is requesting a variance from the sign requirement. She also
conveyed the nature of the future development to the area is high intensity commercial and
explained the site plan to include landscaping, easements, and rights-of-way. She provided
descriptions of the proposed structures and stated there was careful consideration to provide
residential character to soften the look, limit the impact of lighting, and examine the possibility of
overflow stormwater in the final drainage plans. Ms. Frederickson reported that stormwater will
be collected in detention ponds and released into Arrowhead Lake at the historic rate resulting in
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no rise in lake levels. She reviewed the roadways to include typical trip generation and stated
there was a neighborhood meeting with the Lake Arrowhead Water Association to discuss
concerns related to lighting. Ms. Frederickson further stated that Mr. Engelman met with several
neighbors over the summer and there were no big concerns at the time; therefore, the applicant
did not hold a community meeting prior to the Planning Commission hearing. However, after the
Planning Commission hearing and learning of the many concerns, Mr. Engelman did have an
outreach meeting, as mentioned by Mr. Gathman, which was well attended. She communicated
that the applicant wishes to place a freestanding sign and is requesting a variance from the sign
code due to the commercial nature of the use. Ms. Frederickson reviewed the reasons the
proposed use meets the requirements of the code.
ef Teresa Russon, Arrowhead resident, read a letter from her family stating they have lived in
the neighborhood for 31 years and listing concerns regarding USR15-0039. She conveyed their
opposition due to improper use of land that is zoned Agricultural, incompatibility with surrounding
land uses, this development is unsuited for the potential of the property in question. Ms. Russon
suggested other ideas for development that would be better suited to the neighborhood and asked
the Board not to allow a Change of Zone. Chair Kirkmeyer clarified this application is not a Change
of Zone and reviewed the process that would allow this Use by Special Review in the
A (Agricultural) Zone. In response to Commissioner Conway, Ms. Russon stated she thought it
was agricultural crops before Arrowhead was developed. She further stated there are single family
dwellings and condominiums located in the Tuscany development.
ki Bruce Willard, Arrowhead resident, reviewed the history of the subdivision and requested
consideration regarding the right of quiet enjoyment. He mentioned concerns regarding screening,
traffic, and the lake itself which is an amenity but also the main source of irrigation. He further
added concerns related to the slope of the property, fencing to keep people out of the lake, hours
of operation, the light industrial use, landscape and drainage plans not up to par, and the
adequacy of the intersection to handle the increase in traffic. He referenced a video of stormwater
overflow coming across 37th Street and onto the property in question. He also displayed a photo
of an example of a residential friendly storage facility. In response to Commissioner Moreno,
Mr. Willard stated he has been a resident for 16 years. He further stated the intersection needs
to be looked at regarding the increase in traffic and the hours of operation should be limited.
El In response to Commissioner Conway, Mr. Willard verified the stoplight has been there for
five or six years, and he confirmed his awareness of the Master Plan to widen 37th Street. In
response to Chair Kirkmeyer, he believes RVs can be parked on the street in Arrowhead, but he
isn't sure about the Tuscany Development. In response to Commissioner Conway, Mr. Willard
stated he does not have a video of the water event of 1997, he is not aware of a cattail problem,
and he does know why the lake was drained.
Anne Peif, Arrowhead resident of 31 years, stated she is aware of the flooding incident and
took a video of it. She also listed her concerns to include lighting impact on neighbors that back
up to the lake, echoing of noise across the water, increase of traffic, and use of accesses. She
stated she is not a part of the water association but she is concerned for the maintenance of the
lake and the dam that was recently repaired. She is concerned the increased traffic will divert into
the subdivision and damage recent repairs.
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el Nancy Acedo Quin, Arrowhead resident for over 15 years and owner of water rights of the
lake, expressed her concern regarding rat poison in the storage units, and cleaning chemicals
and fluids from vehicles leaking into the lake or being dispersed by a rain event which will affect
the rare and endangered species that live in the wetlands, such as the Preble's Meadow Jumping
Mouse that is protected by the Endangered Species Act. She further expressed her concerns
regarding children who come to the facility possibly drowning in the lake. She stated she does not
want to be sued and requested the applicant put up fencing or dense vegetation and include the
lake owners as additional insured to protect from a lawsuit.
Bruce Lane, Arrowhead resident for 27 years, stated his concerns regarding the timeframe
to build this facility, the possibility of it changing ownership, lack of stability, future business focus
to include what it will really look like when finished, and hazardous waste spills into the lake. He
expressed that the majority of landowners see this development as an undesirable nuisance
causing a loss to property values, and they are concerned with the environmental impacts.
(Clerk's Note: Chair Kirkmeyer excused Commissioner Conway to attend a prior commitment, at
5:58 p.m.)
Sandy Sory, Arrowhead resident, stated her home has been in their family for many years
and the beautiful lake and wetlands deserve unique treatment. She expressed her desire to foster
a good relationship with the developer to work together to address the following issues: promote
exclusive use of the portion of residential Arrowhead Drive into the neighborhood and restricting
storage facility customers from entering the neighborhood, promote restricting the noise limit and
limit gate entrance hours to 6:00 a.m. to 9:00 p.m., mitigate the lighting not to shine into the
residential areas, planting more landscaping and building a better fence preventing customers
from accessing the lake, and lastly, the oversized sign is not necessary. Ms. Sory stated it would
be a win-win to gain the support from the neighborhood and benefit from a positive group of
homeowners as potential customers. Lastly, she requested the applicant consider liability
insurance regarding the dangers of customers getting in the lake.
El Diana Krausnick, Board President of the Lake Arrowhead Homeowners Association and an
Arrowhead resident, stated her concerns to include water flow and offered to display the video of
the stormwater event of 1997. She also submitted concerns from the neighborhood to include
traffic and safety issues, contamination of the lake and irrigation, and losing the quality of quiet
enjoyment of the neighborhood. Ms. Krausnick further suggested mitigation to include adequate
screening, lighting design to minimize light pollution, limit the hours of operation as discussed,
consulting an engineer regarding the water flow during natural weather events, consulting a traffic
engineer to perform a study of the intersection with increased traffic, and reduce the number of
access points. In response to Commissioner Cozad, Ms. Krausnick stated she is unsure because
she works very late, but remembers the intersection being closed sometime in the last three
months due to mud from the rain. She also clarified there is no RV parking on the street. In
response to Chair Kirkmeyer, Ms. Krausnick stated Lake Arrowhead is owned by the Lake
Arrowhead Water Association, which is different than the Lake Arrowhead Homeowners
Association. She further clarified that the Water Association has insurance and that the fencing
and vegetation around the lake was removed when Mr. Engelman bought the property, and the
hours of operation can be negotiated.
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e Judi Sahrle, Arrowhead resident and Treasurer of the Lake Arrowhead Water Association,
stated the Water Association has insurance to prevent liability on the lake, and they perform due
diligence by posting signs stating it is private property with no trespassing allowed. She conveyed
if there is any damage to the lake, they simply call the insurance and the legal department contacts
Mr. Engelman to see about solutions.
e Gaye Morrison, Arrowhead resident, stated she is very concerned with damage to the dam
on Arrowhead Lake because the homeowners have already invested to have it repaired and are
still paying for the repairs. She stated to drain and repair the lake was very expensive.
la Susan Hergenreter, Arrowhead resident, stated the drainage ponds are too close to the lake,
and she would appreciate a restriction on the hours of operation.
• Chair Kirkmeyer closed public hearing and invited the applicant to answer the concerns or
questions presented today.
• Ms. Frederickson clarified there will be two-way traffic at both accesses, the traffic volumes
are equal to four (4) homes, the gates are recessed 75 feet to get cars and trucks off the main
roadway, 60 feet is dedicated right-of-way, there will be no building in the wetland area and will
not be touching it or the floodplain. She also communicated that the prospect of unsupervised
children is not something to expect or prevent. Ms. Frederickson conveyed the building schedule
will be based on cash flow and they anticipate more of a phasing project. She stated this business
does not include a truck rental, will have liability insurance, and the drainage detention ponds are
regulated at a higher standard. In response to Commissioner Cozad, Ms. Frederickson explained
the engineering behind the stormwater ponds in the MS4 area to maintain water quality before
discharging it into the lake and that these ponds meet all state and federal regulations for water
quality. Ms. Frederickson also reviewed their efforts to use best management practices regarding
this development and reviewed the list of actions being taken to ensure this. She referenced the
Engelman's experience as they are long-time owners of another storage facility and stated they
are fully aware of the code and expectations regarding lights and they will be working to shield
the lights from adjacent properties and minimizing lighting as much as possible.
• In response to Commissioner Moreno, she verified the hours of operation for the site and for
the office hours on-site.
• Jeff Engelman, applicant, addressed the suggestion for a better use of the property and
clarified their use will be low impact. He stated they have received mixed messages since
purchasing the property and cleaning it up, from residents of the associations making various
suggestions regarding the fencing and trees around the lake, and he suggested they let him work
with the planning consultant. Mr. Engelman also stated he was not aware of all the negative
feedback and has been working out there for a long time since beginning the application process
in July of 2014.
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El In response to Commissioner Moreno, Mr. Engelman stated the facility will be gated all the
way around other than the shore of the lake. He is considering landscaping to help with lighting
mitigation. In response to Commissioner Cozad, he conveyed they do not have a lot of issues but
when the occasional problem surfaces, they deal with it individually and evict tenants when
necessary. He reiterated his reasoning for the hours of operation. He further responded that on
average, no one except security is generally on-site after 9:00 p.m. He further explained with the
security cameras, they are able to closely monitor the facility. Mr. Engelman stated he is willing
to put up signage at the exit deterring tenants from turning into the neighborhood.
El In response to Chair Kirkmeyer, Mr. Engelman indicated he has reviewed the Conditions of
Approval and Development Standards and has no concerns or changes.
El Chair Kirkmeyer asked the Board if they had any changes to recommend. Commissioner
Cozad suggested signage to prevent people from going into the neighborhood, except Arrowhead
residents. Chair Kirkmeyer suggested making this clarification regarding traffic turning right as a
new Development Standard (DS) #23 and renumber accordingly. Chair Kirkmeyer reviewed the
fire code inside buildings.
In response to Chair Kirkmeyer, Mr. Engelman indicated he has reviewed the Conditions of
Approval and Development Standards, as amended, and agrees to abide by them.
Commissioner Moreno moved to approve the request of Jeff and Dianne Engelman Living
Trust, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0039, for
any Use permitted as a Use by Right, Accessory Use, or 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 part of a map or plan filed prior to
adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, based on
the recommendations of Planning staff and the Planning Commission, with the Conditions of
Approval and Development Standards, as amended and entered into the record. The motion was
seconded by Commissioner Freeman.
El Commissioner Cozad stated based on the application materials, it looks like it will be a really
nice facility and she encouraged the applicant to continue to work with the neighbors on input
regarding landscaping and screening. Commissioner Moreno concurred with Commissioner
Cozad and thanked all the neighbors for coming and contributing to the proceedings.
Commissioner Freeman thanked the neighbors and reminded them that the Conditions of
Approval and Development Standards must be followed. Chair Kirkmeyer reiterated some of the
Conditions of Approval and Development Standards that address some of the comments and
concerns made today, specifically, the landscaping and screening plan, lighting, fencing,
drainage, traffic impact, and the hours of operation. The motion carried unanimously. There being
no further discussion, the hearing was completed at 6:42 p.m.
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This Certification was approved on the 26th day of October, 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dormeti
arbara Kirkmeyer, h (air i
Weld County Clerk to the Board
Mike Freeman, Pro-Tem
BY: Cr& (1 ��rDe u Clerk to theVI
ard Tr.'ili'+u EXCUSED
!4%can P. C nway
if et'
lcec
361 ,�,�,�, ie A. Cozad
` u ef�V Steve Moreno
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