HomeMy WebLinkAbout20154023.tiff HEARING CERTIFICATION
DOCKET NO. 2015-117
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR15-0056, 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 BOAT STORAGE, AN OFFICE BUILDING AND A DUMP
STATION) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR
RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR
TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE
A (AGRICULTURAL) ZONE DISTRICT— LEE DETTERER
A public hearing was conducted on December 30, 2015, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway - EXCUSED
Commissioner Julie A. Cozad
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Frank Haug
Planning Services Department representative, Diana Aungst
Planning Services Engineer representative, Wayne Howard
Health Department representative, Lauren Light
The following business was transacted:
E Prior to calling up the first Planning Case, Chair Kirkmeyer informed the public of the
procedure to be followed should there be a tie vote due to Commissioner Conway's excused
absence.
I hereby certify that pursuant to a notice dated October 29, 2015, and duly published on
November 3, 2015, in the Greeley Tribune, a public hearing was conducted to consider the
request of Lee Detterer, for a Site Specific Development Plan and Use by Special Review Permit,
USR15-0056, 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 boat storage, an office building and a dump
station) provided that the property is not a lot in an approved or recorded subdivision plat or part
of a map or plan filed prior to adoption of any regulations controlling subdivisions in the
A (Agricultural) Zone District. Frank Haug, Assistant County Attorney, made this a matter of
record.
Diana Aungst, Department of Planning Services, presented a brief summary of the proposal
and stated 16 referrals were sent out with 12 entities either not responding or responding with no
concerns. She explained the facility will be built in two (2) phases for parking and storage
expansion to include an office, restroom and dump station. Ms. Aungst reviewed the hours of
operation to include access by key code and afterhours visits by appointment only for security
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purposes. She also reviewed the number of employees, proposed landscaping and screening,
and other details to include lighting and fencing. Ms. Aungst described the surrounding land uses,
nearest residences and explained the residence located on the property is the home of the office
manager. She stated staff has received no correspondence objecting to this application and the
site is located within the three (3) mile referral area of the City of Greeley, and the Towns of
Windsor and Severance. She stated the Town of Severance indicated no concerns and the City
of Greeley provided comments related to landscaping, fencing, lighting, parking areas, berming,
water service, and annexation, which the applicant is working to address. She stated the Town of
Windsor provided comments regarding location, annexation, entryway, access, road
improvements, emergency access, landscaping, screening, privacy fencing, lights shielded, and
chemicals and debris related to parking RVs. Ms. Aungst stated the applicant is working with to
address these concerns. She displayed images of the site, surrounding areas, maps, and the
floodplain area explaining Weld County staff is working with FEMA to remove this property from
the floodplain map or rename it as a fringe floodplain site. She entered the favorable
recommendation of the Planning Commission into the record as written.
• Wayne Howard, Planning Services Engineer, provided a brief overview of the transportation
plans and requirements and reported the relevant roadways and accesses to include the
approved Access Permit, AP#15-00469. He reviewed the requirement for the public right-of-way,
and provided the most recent traffic counts. Mr. Howard stated the traffic narrative indicated
four (4) to six (6) vehicles per day during the peak season and up to eight (8) vehicles per day
upon completion of phase 2. Mr. Howard clarified an Improvements Agreement is not required,
the Final Drainage Report has been accepted, and the applicant is required to have a Weld
County Grading Permit. He further reviewed the relevant Development Standards for items
related to Public Works.
• Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions stating water will be provided by the North Weld County Water District. She explained
there will be a dump station for RVs and a vault ready for customers, which is similar to what is
used at Parks Facilities and is allowed as long as the septic requirements and regulations are
followed. Ms. Light reviewed the relevant Development Standards (DS) #18-25 which address
items typical for storage facilities and those common items related to environmental health.
• Scott McBride, applicant's representative, and displayed a PowerPoint presentation stating
Jackie Dilka lives on-site and will manage the facility. He explained the location for the access,
dump station, emergency access, and issues that have been resolved with the Whitney Ditch
Company. He described the proposed landscaping and screening and also explained the phase
one and two development plans. Lastly, he mentioned that the owner, Lee Detterer, worked with
the Small Business Incentive Program and appreciated that opportunity.
le Jackie Dilka, on-site resident and office manager, stated she contacted the surrounding
property owners and explained the nature of the business and the reasons behind changing the
land use from agricultural to commercial. Ms. Dilka stated the neighbors were supportive.
• Lee Detterer, owner, stated he is a third generation farmer and this property was purchased
in 1947 by his grandparents. He explained the history of his family farming operation and stated
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HEARING CERTIFICATION - LEE DETTERER (USR15-0056)
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the difficulties surrounding present day farming on this parcel to include commercial development
all around them which has caused a severe lack of irrigation water. He described the surrounding
property uses and stated his field of alfalfa is now out of place, which is sad and has led to this
difficult decision to either sell or create this business opportunity which would allow the family to
stay on the property and provide income to the families involved in the business venture.
e No public testimony was offered concerning this matter.
e In response to Chair Kirkmeyer, Mr. McBride stated they have reviewed the Conditions of
Approval and Development Standards and have no concerns.
In response to Commissioner Moreno, Mr. McBride stated the intent of the office is to meet
with people at the site and to prevent the public from visiting Ms. Dilka's personal residence.
E In response to Chair Kirkmeyer, Mr. McBride clarified the main access and the emergency
access. He stated the fire department required the additional access. Chair Kirkmeyer suggested
deleting Condition of Approval (COA) #1.C.7. After further discussion, the Board agreed.
Regarding the Whitney Irrigation Company request, Chair Kirkmeyer recommended deleting
COA#1.A because this is a contractual agreement between two private property owners. The
Board agreed. Chair Kirkmeyer interjected the applicant is responsible for negotiating the
agreement and concerns and she encouraged him to follow through. Mr. McBride stated they
have resolved all issues.
e In further response to Chair Kirkmeyer, Mr. McBride described the proposed landscaping,
screening and fencing.
le Ms. Aungst stated the opaque fence is sufficient. Chair Kirkmeyer requested the fencing be
attractive. Mr. McBride stated they are upgrading the neighborhood and the company goal is to
attract the business of the higher end RV clients.
le In response to Commissioner Moreno, Ms. Aungst stated the property is currently not in the
floodplain; however, there is a study in process that shows the property in the floodplain and staff
is working with this study to try to correct this and redefine this area as a fringe to the floodplain
or to remove it completely. In response to Chair Kirkmeyer, Ms. Aungst explained the
requirements regarding logos on RVs as acceptable.
• In response to Commissioner Moreno, Mr. McBride explained the security and control
purposes for the limited hours of operation and the appointed access upon request.
le Commissioner Cozad recommended additional language for COA #1.C.10, to read, "and
shall include the calculated volume."
le In response to Chair Kirkmeyer, Mr. McBride, representing Lee Detterer, indicated they
have reviewed, and agree to abide by, the Conditions of Approval and Development Standards,
as amended.
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HEARING CERTIFICATION - LEE DETTERER (USR15-0056)
PAGE 4
e Commissioner Moreno moved to approve the request of Lee Detterer, for a Site Specific
Development Plan and Use by Special Review Permit, USR15-0056, 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 boat storage, an office building and a dump station) provided that the property
is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to
adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, based on
the recommendations of Planning staff and the Planning Commission, with the Conditions of
Approval and Development Standards as entered into the record. The motion was seconded by
Commissioner Cozad, and it carried unanimously. There being no further discussion, the hearing
was completed at 10:47 a.m.
This Certification was approved on the 4th day of January, 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO DO
ATTEST: ditdife4) •�
arbara Kirkmeyer, C air
Weld County Clerk to the Board
Mike Freeman, Pro-Tem
De Clerk to the Beard IP' EXCUSED
-01 L • Sean P. Conway
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