HomeMy WebLinkAbout20143067.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Michael Wailes, 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: USR14-0038
APPLICANT: MELVIN AND JULIE ELLIS, C/O SCOTT MCBRIDE
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE,OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICTS (RV 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 LOTS PARTS OF A MAP
OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RE-5078: PART E2NW4/W2NE4 SECTION 30,T6N,R66W
OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 27 AND APPROXIMATELY 0.3 MILES
SOUTH OF CR 66.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the
Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-
220 of the Weld County Code as follows:
A. Section 23-2-220.A.1. --The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect.
Section 22-2-20.G - A.Goal 7 states, "County land use regulations should protect the individual
property owner's right to request a land use change." And Section 22-2-20.G.2-A.Policy 7.2 states,
"Conversion of agricultural land to nonurban residential. commercial, and industrial uses should be
accommodated when the subject site is in an area that can support such development, and should
attempt to be compatible with the region."
The applicant is requesting a Use by Special Review permit for an RV and boat storage facility. The
facility will provide storage for about 300 vehicles. There will be about 100 covered storage spaces
located along the west side. An office/caretakers residence,an RV dump station,and a water hydrant
are also proposed. The application indicates that there will be 2 employees and that the maximum
number of people visiting the site would be 150 per day. The hours of operation are proposed to be 6
am to 10 pm April 15t through September 30th and 6 am to 8 pm from October 1St through March 31 St
Staff is requesting a Lighting Plan and the applicant is proposing a Landscaping Plan. Adherence to
these two plans along with the Development Standards and the other Conditions of Approval will
assist in mitigating the impacts of the facility on the adjacent properties.
B. Section 23-2-220.A,2. --The proposed use is consistent with the intent of the A (Agricultural) Zone
District Section 23-3-40.S.which allows 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 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 lots parts
of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A
(Agricultural)Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existin.
surrounding land uses.
EXHIBIT
8
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RESOLUTION USR14-0038
MELVIN AND JULIE ELLIS, C/O SCOTT MCBRIDE
PAGE 2
The adjacent lands consist of pastures,crops,and rural residences.The railroad borders the site on
the south. There are four homes within 250 feet of the south property line. The closest residence is
approximately 150 feet south of the south property line. The Bracewell Subdivision is about one-half
mile south of the site.
There are seven (7) USRs located within one mile of this parcel. USR-1212 for an airstrip and
Amended USR-1144 for a 3,000 head dairy are located north of the site. USR-1183 for a gas-line is
located one-quarter mile east of the site.There are also four(4) USRs for gravel pits in various states
of operation located south of the site along the Cache la Poudre River. The Weld County Department
of Planning Services has received a petition signed by 27 surrounding property owners and three
letters from that outline objections to this USR. The concerns outlined are about traffic, lights,
decrease in property values, and views to the west.
Staff is requesting a Lighting Plan and the applicant is proposing a Landscaping Plan. Adherence to
these two plans along with the Development Standards and the other Conditions of Approval will
assist in mitigating the impacts of the facility on the adjacent properties.
D. Section 23-2-220.A.4--The uses which will be permitted will be compatible with future development
of the surrounding area as permitted by the existing zoning and with the future development as
projected by Chapter 22 of the Weld County Code and any other applicable code provisions or
ordinances in effect, or the adopted Master Plans of affected municipalities.
The site is located within the three (3) mile referral area of the City of Greeley, and the Towns of
Windsor and Severance. The Towns of Windsor and Severance in their referral comments, dated
July 21, 2014 and August 7, 2014, respectively, indicate that they have no concerns. The City of
Greeley did not respond with any referral comments.
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.
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.
The proposed facility is located on soils designated as "Prime (Irrigated)" per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The property has been dried up
therefore the proposed USR will not take any Prime(Irrigated) Farmland out of production.
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:
RESOLUTION USR14-0038
MELVIN AND JULIE ELLIS, C/O SCOTT MCBRIDE
PAGE 3
A. The applicant shall submit a Lighting Plan to the Department of Planning Services, for review and
approval. 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)
B. An Improvements Agreement and Road Maintenance Agreement is required for this site. Road
maintenance including dust control, damage repair, and triggers for improvements will be included.
(Department of Public Works)
C. An accepted Final Drainage Report stamped and signed by a Professional Engineer registered in the
State of Colorado is required. (Department of Public Works)
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR14-0038. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of
Planning Services)
4) The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld
County Code addresses the issue of trash collection areas. Areas used for storage or trash
collection shall be screened from adjacent properties and public rights-of-way. These areas
shall be designed and used in a manner that will prevent trash from being scattered by wind
or animals. (Department of Planning Services)
5) The approved Signage Plan, details to be shown on the map. (Department of Planning
Services)
6) The approved Landscaping/Screening Plan,as shown on the map.(Department of Planning
Services)
7) The approved Parking Plan, as shown on the map. (Department of Planning Services)
8) The approved Lighting Plan. (Department of Planning Services)
9) County Road 27 is designated on the Weld County Road Classification Plan as a local paved
road, which requires 60 feet of right-of-way at full build out. The applicant shall verify the
existing right-of-way and the documents creating the right-of-way and this information shall be
noted on the map. All setbacks shall be measured from the edge of future right-of-way. If the
right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld
County. Please note that the future County Road 27 alignment shows the road terminating in
a cul-de-sac just north of the railroad tracks and the County Road 64.5 and County Road 27
intersection being closed. (Department of Public Works)
10) Show the approved access on the map and label it with the approved access permit number
(AP14-00232). Turning radii are 45-60 feet typically at access points.The access/exit shall
be placed in such a location to have adequate sign distance in both directions.The exit point
is next to the railroad crossing, check with the traffic engineering division on your sign
distance triangles for the exit location being next to the railroad crossing 970-356-4000 x
3726. (Department of Public Works)
RESOLUTION USR14-0038
MELVIN AND JULIE ELLIS, C/O SCOTT MCBRIDE
PAGE 4
2. Upon completion of Condition of Approval#1 above,the applicant shall submit one(1)paper copy or one
(1)electronic copy(.pdf)of the map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the map the applicant shall submit a Mylar map along with all other
documentation required as Conditions of Approval.The Mylar map shall be recorded in the office of the
Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and
additional requirements shall be submitted within one hundred twenty (120) days from the date of the
Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording
fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance#2012-3, approved April 30, 2012, should the map not
be recorded within the required one hundred twenty (120) days from the date of the Board of County
Commissioners Resolution,a$50.00 recording continuance charge shall added for each additional three
(3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review,
as appropriate. Acceptable CAD formats are.dwg, .dxf,and.dgn(Microstation);acceptable GIS formats
are ArcView shapefiles or ArcGIS Personal GeoDataBase(MDB). The preferred format for Images is.tif
(Group 4).(Group 6 is not acceptable). This digital file may be sent to mapsco.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 prior to the start
of construction. (Department of Public Works)
6. Prior to the issuance of the Certificate of Occupancy for the office:
a. An on-site waste water treatment system(OWTS)is required for the caretaker residence and shall be
installed according to the Weld County OWTS Regulations. (Department of Public Health and
Environment)
7. 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 Benjamin Hansford.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
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.
RESOLUTION USR14-0038
MELVIN AND JULIE ELLIS, CIO SCOTT MCBRIDE
PAGE 5
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 September 16, 2014.
Dated the 16th of September, 2014.
Digitally signed by Kristine
Ranslem
Date:2014.09.23 09:39:17-06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Rest Stop Storage
USR14-0038
1. A Site Specific Development Plan and Use by Special Review Permit, USR14-0038, 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 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 lots parts of a map or plan filed
prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District,
subject to the Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The number of on-site employees shall be commensurate with the number of persons which the
septic system may accommodate in accordance with the requirements of the Weld County Code,
pertaining to On-site Wastewater Treatment System (OWTS) Regulations. (Department of Planning
Services)
4. The hours of operation are 21-hours a day 7-days a week The hours of operation are 6 am to 10 pm
April 1st through September 30th and 6 am to 8 pm from October 1st through March 31st, as stated by
the applicant. (Department of Planning Services)
5. No derelict vehicles, as defined in Section 23-1-90 of the Weld County Code, shall be stored on the
site. (Department of Planning Services)
6. No hazardous materials shall be stored on site. (Department of Planning Services)
7. There shall be no storage of industrial and/or commercial vehicles,equipment and materials allowed
on site. (Department of Planning Services)
8. The parking on the site shall be maintained in accordance with the approved Parking Plan.
(Department of Planning Services)
9. The signage on the site shall be maintained in accordance with the approved Signage Plan.
(Department of Planning Services)
10. The landscaping and screening on the site shall be maintained in accordance with the approved
Landscaping/Screening Plan. (Department of Planning Services)
11. The lighting on the site shall be maintained in accordance with the approved Lighting Plan.
(Department of Planning Services)
12. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public
Works)
13. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
14. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Public Works)
15. 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 Public Works)
RESOLUTION USR14-0038
MELVIN AND JULIE ELLIS, C/O SCOTT MCBRIDE
PAGE 7
16. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30 20
100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Department of Public Health and Environment)
17. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30 20 100.5,C.R.S., as amended. (Department of Public Health and Environment)
18. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions,blowing debris,and other potential nuisance conditions. The applicant
shall operate in accordance with the approved "waste handling plan", at all times. (Department of
Public Health and Environment)
19. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved"dust abatement plan",at all times. (Department of Public
Health and Environment)
20. This facility shall adhere to the maximum permissible noise levels allowed in the Non-specified Zone
as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
21. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of
the facility,at all times. Sewage disposal for the facility shall be by septic system. Any septic system
located on the property must comply with all provisions of the Weld County Code, pertaining to Onsite
Waste Water Treatment Systems. (Department of Public Health and Environment)
22. RV dump stations shall be connected to an appropriately engineer designed Onsite Waste Water
Treatment System which complies with all provisions of the Weld County Code, pertaining to Onsite
Waste Water Treatment Systems. (Department of Public Health and Environment)
23. 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)
24. 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)
25. A building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the
following has been adopted by Weld County: 2012 International Codes; 2006 International Energy
Code; 2011 National Electrical Code; A building permit application must be completed and two
complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review.A geotechnical engineering report performed by a registered
State of Colorado engineer shall be required or an open hole inspection. (Department of Building
Inspection)
26. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
27. 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.
RESOLUTION USR14-0038
MELVIN AND JULIE ELLIS, 0/O SCOTT MCBRIDE
PAGE 8
28. 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.
29. 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.
30. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views,spaciousness,wildlife,lack of city noise and congestion,and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts,including noise from tractors and equipment;slow-moving farm
vehicles on rural roads; dust from animal pens,field work,harvest and gravel roads;odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved"out of the way"of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware)with more than three thousand seven hundred(3,700)miles of state
and county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses,including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed,will not provide the same kind of surface expected from a paved road. Snow removal
priorities mean that roads from subdivisions to arterials may not be cleared for several days after a
major snowstorm. Services in rural areas, in many cases,will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches,electrical power for pumps and center
pivot operations, high speed traffic,sandburs, puncture vines,territorial farm dogs and livestock,and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MINERAL RESOURCE DEVELOPMENT INCLUDING OPEN
PIT MINING (SANDS, GRAVELS AND STONES), AND MATERIALS
PROCESSING INCLUDING STOCKPILING, CRUSHING AND SCREENING,
RECYCLING OPERATIONS, AND IMPORTING OF RAW AND RECYCLED
MATERIALS IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: E2 SECTION 12, T10N, R67W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 120 AND APPROXIMATELY ONE-HALF
MILE WEST OF CR 23,
Diana Aungst, Planning Services, presented Case USR14-0041, 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.
Don Carroll, Public Works, 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.
Clay Kimmi, Public Works, stated that this site is needed as they are running out of their gravel resources.
He added that he believes the life of this facility will be less than 10 years.
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.
Motion: Forward Case USR14-0041 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 Jordan Jemiola, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes= 8).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes,
Nick Berryman, Terry Cross.
CASE NUMBER: USR14-0038
APPLICANT: MELVIN AND JULIE ELLIS, C/O SCOTT MCBRIDE
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (RV 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
LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY
REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL)
ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RE-5078; PART E2NW4/W2NE4 SECTION 30, T6N,
R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 27 AND APPROXIMATELY 0.3 MILES
SOUTH OF CR 66.
Diana Aungst, Planning Services, presented Case USR14-0038, reading the recommendation and
comments into the record. Ms. Aungst noted that staff has received a petition signed by 27 surrounding
property owners and three letters that outline objections to this request. The concerns are in regard to
traffic, lights, decrease in property value, and obstruction to views to the west. She added that the
applicant is proposing a landscaping plan to mitigate these concerns. The Department of Planning
EXHIBIT
1 ' 7
Services recommends approval of this application with the attached conditions of approval and
development standards.
Don Carroll, Public Works, 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.
Scott McBride, 2200 San Miguel Drive, Severance, Colorado, stated that they are looking to serve the
Greeley and Windsor areas. They intend to focus on serving the high end user and added that they will
provide water and a dump station for RVs. All vehicles will be licensed, registered and insured.
Additionally, there will be an onsite caretaker of the property and the access will have a controlled access
keypad.
In 2013 this site was irrigated farmland; however in 2014 it went through a dry-up covenant and was
taken out of production for primary agricultural land. Mr. McBride stated that he went door to door and
was not able to meet with 2 or 3 of the surrounding landowners within 500 feet. The feedback from the
majority of the landowners was that it was a better option than other industrial uses. There was one
house for sale and he mentioned that he was working on a lease to own option and Mr. McBride asked
that they pass along his proposal to the new potential owners.
He does recognize the surrounding property owner concerns and said that this property was for sale
since 2012 with or without water. It was under contract prior to them for development of a crushing facility
of rock and asphalt. He said that they will be planting trees with shrubs around the perimeter of the site to
provide an attractive view from the outside. In response to concern with hours of operation they have
limited the hours to 6 am to 10 pm from April to September and from 6 am to 8 pm during the winter and
fall months. He added that after those hours it will need to be by appointment only. It is a seasonal
business with low traffic impact.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Kent Schraeder, 31552 CR 27, said that the demand for RV storage does not justify the compatibility. He
added that the close proximity to residential homes makes it incompatible. Additionally, he is concerned
with the light and noise pollution and traffic.
Jeff Cook, 12691 CR 64.5, said that he is the closest resident to this facility and doesn't believe the
landscaping will be sufficient to block the lights from his property.
The Chair said that if there is a landscaping plan required, the applicant needs to comply with it. If the
landscaping is not completed it may be brought before the Board of County Commissioners for
revocation.
Judy Firestein, 30951 CR 27, stated that she is opposed to this project because it is not compatible with
surrounding land uses. She is concerned with safety and the impaired visibility to the entrance and exit of
the facility because of a small hill and the railroad tracks. She is also concerned with the amount of traffic
as well as the long term plans of the facility and this corridor becoming more industrial.
Kathy Schraeder, 31552 CR 27, said that light industrial is not compatible with the agricultural
neighborhood. She is concerned that if this is approved that more industrial businesses will be located
here.
Lisa Antuna, 12598 CR 64.5, said that they have seen so much change in the last 35 years since they
have moved out there. She believes that opening the neighborhood for industrial will open up more
industrial businesses.
Commissioner Maxey asked Ms. Antuna what the mining was like that since she has lived there for a
while. Ms. Antuna said that it was horrendous with the noise but now that it has been reclaimed it is fine.
9
Commissioner Maxey asked if there is any mitigating factors that would help make this request
acceptable. Ms. Antuna said that traffic patterns could be changed but she is concerned that by changing
this zoning it is opening the door for so much more industrial.
The Chair clarified that this is not a change of zone but a Use by Special review, which if approved,
allows the landowner to operate a business. He reassured her that the zoning will remain agricultural.
Gary Firestein said that he owns property within 25 feet of this proposal. He expressed that he is
opposed to this facility.
Melvin Max Ellis. 1616 Fairacre Drive, Greeley. Colorado, stated that he currently owns this property and
has owned this property for 13 years. He added that they have had this listed several times and has only
received two offers for a commercial interest. He said that when someone has looked at this for
residential property the railroad creates a major problem.
Jeff Cook stated that he is concerned with a decrease in property values. He added that there are no
offers because it has been tied up in other situations.
Commissioner Sparrow asked how often the railroad comes through. Mr. Cook said that it doesn't
happen very often and the railroad was there first.
Les Gelvin , 40719 Remington Road, Ft. Collins, Colorado, stated that he is a real estate broker and
reiterated that they look at property values and the highest and best use of properties. He agrees that
this property would not likely be sold and used for residential. He believes that if this request does not go
through it will be brought before you as a commercial property again.
Mr. Schraeder said that he knows a couple who want to buy this property and build a home but they can't
because this is tied up.
Mr. McBride explained the material he gave to the surrounding property owners when he visited with
them and provided a copy to the Planning Commission. He included his phone number on the
information given to them and has not received any letters or phone calls.
Mr. McBride said that there was a mention of bribery. He stated that he noticed RVs on their property
and offered them the use of the dumpstation. Also, he offered storage space to use at a discounted rate
and felt that was a neighborly thing to do. He added if that is bribery he apologized.
Mr. McBride said that he recognizes light is an issue. The new lighting technology reduces a lot of light
pollution. He can provide photometrics that shows the lighting does not leave the property and is open to
further suggestions.
Mr. McBride mentioned that when County Road 23 was under construction it redirected a lot of traffic to
County Road 27.
Commissioner Sparrow asked if the lighting will be on all night or can they be controlled. Mr. McBride
said he has asked his contractor to see if he could control the lights and believes that they can
accommodate those concerns.
Commissioner Maxey asked to clarify the hours of operation . Mr. McBride replied that they have
amended their hours from April to September from 6 am to 10 pm and 6 am to 8 pm in the winter and fall
months.
Commissioner Maxey asked with the additional traffic is there any improvements that could help with
safety. Mr. Carroll said that high traffic numbers trigger different requirements. There will be a Road
Improvements Agreement for this site and added that they will evaluate the numbers for a year and if they
are warranted, the numbers will trigger improvements according to the agreement.
10
ATTENDANCE RECORD
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NAME ADDRESS
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