HomeMy WebLinkAbout20143079.tiff HEARING CERTIFICATION
DOCKET NO. 2014-74
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR14-0038, 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 - MELVIN AND JULIE ELLIS, C/O SCOTT
MCBRIDE
A public hearing was conducted on October 8, 2014, at 10:00 a.m., with the following present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tern
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner William F. Garcia
Also present:
Acting Clerk to the Board, Susan Brown
Assistant County Attorney, Brad Yatabe
Planning Department representative, Diana Aungst
Public Works representative, Wayne Howard
Health Department representative, Lauren Light
The following business was transacted:
1-1 I hereby certify that pursuant to a notice dated August 29, 2014, and duly published
September 3, 2014, in the Greeley Tribune, a public hearing was conducted to consider the
request of Melvin and Julie Ellis, c/o Scott McBride, for a Site Specific Development Plan and
Use by Special Review Permit, USR14-0038, 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. Brad Yatabe,
Assistant County Attorney, made this a matter of record.
ID Diana Aungst, Department of Planning Services, presented a brief summary of the
proposal and entered the favorable recommendation of the Planning Commission into the
record as written. The applicant has proposed landscaping, screening, lighting, signage and
parking. There will be two onsite employees and a maximum of 150 visitors per day. The 24/7
hours of operation were changed after the Planning Commission hearing to be from 6:00 a.m. to
10:00 p.m., April through September, and 6:00 a.m. to 8:00 p.m., October through March.
Ms. Aungst reviewed the five residential properties 100 feet from the site to the south, another
property directly across the street, and the seven (7) USRs within a mile. The Department of
Planning Services has received five letters of objection (citing decreased property values,
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traffic, and light pollution), as well as apetition signed by 27
obstructed views, increased 9
9
surrounding property owners. Ms. Aungst reviewed the referrals from Greeley, Windsor and
Severance, and showed images of the site, surrounding properties, and the site plan.
Ii Wayne Howard, Department of Public Works, provided a brief overview of the
transportation plans and requirements. He reviewed two access points off of County Road
(CR) 27, a paved road with an Average Daily Traffic (ADT) count of 529 taken in May of 2009,
and explained future changes may be made to accommodate the planned road alignment. An
Improvements and Road Maintenance Agreement has been entered, and a final drainage report
has been submitted.
El Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions. Water will be provided by the North Weld County Water District, an engineer
designed septic system will be installed for the office/caretaker's residence, and there will be a
dump station, which is allowed as long as standards are adhered to.
ID Chair Rademacher opened the floor to public comment. Kevin Schumacher, surrounding
property owner, stated he is building a home on Shiloh Road and gave a slide show
presentation in regard to the neighborhood's opposition. He said he has been in real estate for
20 years, and cited the Code references to compatibility. He asserted the market in this area is
being driven by residential growth, and he reviewed value of lots in the area. He claimed there
is no existing industrial growth in this area, although further to the west is Vestas Wind Systems
and there are additional sites by CR 31 and "O" Street. A lot of the homes back up to the
railroad tracks, the gravel pit sites are, or will be, reclaimed, and similar facilities in the area are
all surrounded by industrial and/or commercial uses. He said there are no similar storage
facilities in the middle of a rural residential area. In addition, Mr. Schumacher expressed dismay
that the applicant presented the project to them as an already approved Change of Zone with
the only other option consisting of a gravel crushing plant. He said they are concerned about
light pollution, and addressed items in the proposal, including specific traffic issues that may be
created. He showed images of RV parks around the area. In response to Commissioner
Kirkmeyer, Mr. Schumacher said, to his knowledge, when they were contacted, only 44 out of a
100 slots were filled at the RV Park in Windsor.
E Gordon Boersma, surrounding property owner, said he made an offer on this piece of
property in order to build a custom house, but was told it was under contract.
El Surrounding property owner Gerald Firestein, with his son Mark, said they own the
property to the north and west on which they planned to build houses, and this use would
devalue their land, and the irrigation ditch and light pollution are also concerns.
El Chair Rademacher recessed the meeting at 11:44 a.m. The meeting was reconvened at
1:30 p.m.
E Scott McBride, applicant, said they are buying this property contingent on the approval of
their USR. He said there is a need for this service because so many HOAs prohibit RV parking.
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This will be a 6.7-acre footprint with an onsite caretaker, a dump station, key pad control
entrance and exit, and is targeting the higher income customer. He said they adjusted their
hours of operation, as previously mentioned, after the Planning Commission hearing, and
addressed site selection, saying most RV storage parks are located next to railroad tracks or a
major highway, and this area between major roads does not have this type of facility, and there
is a need. Mr. McBride said this is a planned industrial area, and it is only used for dry-land
farming. He said they designed their plans to fit around a cul-de-sac planned by the City of
Greeley, and the site is in their Comprehensive Plan. Mr. McBride reviewed surrounding USRs
in support of the compatibility of his project, as well as other operations in the area and said the
majority of the nearby residences have pre-existing screening due to the proximity of the
railroad tracks. He spoke at length regarding the history of choosing this site, asserting that this
property had been on the market for two years and the only interested parties were
commercial/industrial interests. Mr. McBride reviewed his neighborhood outreach, prior to the
Planning Commission, and addressed lighting technology, traffic, and screening in detail. Lastly,
he expressed appreciation for the Weld County Small Business Incentive Program. El In
response to Commissioner Conway, Mr. McBride said there will be an onsite manager to
prevent vandalism.
Chair Rademacher reopened public comment. Kathy Schraeder, surrounding property
owner, showed images of what the property will look like and its proximity to her property across
the street. She said when the leaves fall off the trees the property will be an eyesore, and it is
incompatible with a residential area, noting the number of surrounding property owners who
would be affected by this USR. She addressed the USRs the applicant cited, and explained
they do not negatively affect residential use. Ms. Schraeder asked if the dump station would be
open to the public and added if this is allowed then her home was a bad investment.
Ei Judy Firestien, surrounding property owner, addressed traffic safety regarding the access
to the property and showed a video of the sight distance she is concerned about. She also
referred to the petition of opposition, Exhibit "G", which she said now has about 82 signatures
and her letter to the Board which included pictures of the issue, Exhibit "F".
E Jeff Cook, surrounding property owner, said he's lived at his residence for 11 years, the
second story of his house will be looking directly into this facility, and the onsite caretaker will be
completely on the other side of the property. He said the lights will be a problem as well, there is
no existing landscaping on 2/3 of his property, and he will have a hard time selling his house if
this goes forward. Mr. Cook said all but one or two surrounding property owners are opposed to
this, and he asserted that the neighborhood was deceived in some of the details regarding the
USR process by the applicant. Lastly, he claimed that letting a facility like this locate at this site
will open the flood gates for other industrial/commercial facilities. He said just because
residential property is cheaper does not make it proper for facilities like this to locate there and
asked if anyone would want this type of thing in their backyard. In response to Commissioner
Conway, Mr. Cook said the railroad is hardly ever utilized, and the track abuts his property line.
Lisa Antuna, surrounding property owner, said they were not informed of the application
until two weeks before the Planning Commission hearing, and they represent a lot of people
who could not attend this hearing today. She said she feels that they have rights as property
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owners, and, as the applicant does not yet own this property, he can go elsewhere. She said
she hopes their opinions matter to the Board.
I] Gail Coleman, surrounding property owner, said he felt deceived by the threat of a
rock-crushing operation and the impression that the property was already zoned industrial. The
neighbors did not know that a residence could go in this location because they were told that it
would be industrial/commercial. He noted that the dairy pre-existed the residences in the area
and is an agricultural use. He expressed his opinion that the pictures shown earlier were taken
from the opposite side of the property and not from the closest property line. He addressed the
inadequacy of the proposed landscaping to shield the RVs from view and mitigate the light
pollution because the property slopes and asked how the trees would be watered. He said just
because the applicant has invested money is not a reason to approve a project and presented a
letter from a neighbor, entered into the record as Exhibit "L".
Ken Shraeder, surrounding property owner, said his property has been in his family for
several generations. He said this project would greatly affect their property value and their
future plans, and obstruct their view of the mountains, so this would be devastating to them. He
said no amount of mitigation will make this facility compatible with this area. He added that more
residences are currently being built in this area and noted the economy is also picking up.
El Karen Coleman, surrounding property owner, submitted two additional letters of opposition
from neighbors into the record, Exhibits "M" and "N". She pointed out her property location and
that of the neighbors on the aerial map.
El David Gerler, surrounding property owner, stated this business needs to go to an
established industrial area.
El Larry Sorrell introduced himself (his daughter and son-in-law are surrounding property
owners), and said you don't have to be a zoning expert to recognize this is incompatible with the
area. He asserted there is a market for residential real estate and this property can easily be
sold in this market. He said he's read the North Greeley Rail Corridor Sub-Area Plan, and when
that plan was formulated the residences were not yet there to be taken into account. Plus, this
facility is not a job-producer, which was the stated goal of that plan. He noted it is hard to find
six acres to build a residence on anywhere right now, and approval of this USR would put a
damper on the market-driven development of the area. He added people buy their residences
in an agriculturally zoned area for a reason, so it is disconcerting that a zone might be changed
even though nearly everyone is opposed. He also brought up the possibility this project is not
financially viable, which would leave this site as six acres of asphalted land, and that it may
attract criminals. In conclusion, he said there are a least 25 neighbors in opposition and asked
the Board to deny this application.
ID Mr. McBride addressed public comment. He said his letter to the residents didn't imply a
done deal, and said there was a previous contract with a rock-crushing facility. He addressed
his attempts to communicate with the neighborhood and to mitigate the project's impacts. He
stated that he chose this area because it had been designated for industrial growth, noted this is
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not the worst use that could be located on this property, and addressed impeded views and
traffic safety.
IR In response to Commissioner Conway, Mr. Howard reviewed the site accesses and sight
distance (which staff feels is adequate).
El In response to Commissioner Conway, Mr. McBride said the dump station was planned to
be open to the public, but they are willing to abandon that idea. He added that RV park vacancy
rates are very low between the subject site and Ft. Collins, and an appraiser predicted 80
percent capacity within 21 months. He requested portable toilets be allowed until the business
gets going.
El Ms. Light said allowing portable facilities is at the Board's discretion; development
Standards #3 and #21 would need to be changed. Mr. McBride said the septic vaults would
have a concrete building on top and the toilet would be incorporated into that building, similar to
a park restroom, to go directly into the vault. Ms. Aungst confirmed this will not be for the
residence. Commissioner Freeman asked for clarification of the actual trips per day, and the
number of visitors. Mr. McBride said other facilities report an average of 10 customers per day,
and they don't stay very long on the property, so he would request this be allowed until there are
more customers than 10 per day. Commissioner Garcia said he felt that until the development
of the business progresses the portable toilets could serve. There was some discussion of
similar facilities and their requirements.
El In response to Chair Rademacher, Mr. McBride indicated he has reviewed, and agrees to
abide by, the Conditions of Approval and Development Standards.
Commissioner Garcia thanked everyone for coming and participating in the process and
thanked the applicant for an excellent presentation. He said it is likely traffic has greatly
increased since the ADT in 2009. He said he wanted to explain the context of The Rail Corridor
Plan; when that study was done, it was a joint study to focus on a valuable asset, and it was not
meant to be used as a rigid guide for development. They felt the utilization of the railroad could
be conducive to large manufacturing (heavy industrial) on the larger parcels. Commissioner
Garcia said the applicant's initial neighborhood outreach was well done, then mentioned the
small business center and that 9 out of 10 small businesses fail. He noted this is a relatively low
impact activity, and appreciated the dump station being limited to customers only. In regard to
compatibility, he said it seems logical to put these in residential areas (closer to where the RV
owners are).
El Commissioner Freeman said he believes in private property rights, but this impacts the
neighbors' properties, and noted that almost the entire neighborhood is in solidarity against this
project. He said he is interested to know what happened between March (when there was very
little opposition), to now.
fI Commissioner Kirkmeyer said that the Weld County Code is clear that if issues can be
mitigated the use shall be approved, but she does not feel mitigation has been, or can be,
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achieved here. She noted that the Comprehensive Plan refers to a high-quality rural character
and reducing conflicts as development occurs, and pointed out, for the public, that property
values is not a criteria the Board can consider. She said the area is essentially a subdivision
and this area is developing as residential, and should this be allowed it would dominate the area
and hinder that growth. She agreed with Mr. Schumacher that the other surrounding USRs do
not affect the area in the same way this use would. She stated she cannot support this
application because this is not the right location.
.El Commissioner Conway said the applicant did a really good job; however, the opposition is
discouraging and notable in that it mostly emerged after the Planning Commission hearing. He
concurred other potential uses could be worse than an RV storage facility.
IR Chair Rademacher said growth is coming whether we like it or not, but there could be
worse uses, a Budweiser factory for example. He said he feels this is the best use for this land,
and it is low-impact. Commissioners Freeman and Garcia concurred that it seems the lines are
drawn and the neighbors will keep Mr. McBride from stepping out of line as to the Conditions of
Approval and Development Standards, but the applicant will need to rebuild a relationship with
his neighborhood.
El Commissioner Garcia moved to approve the request of Melvin and Julie Ellis, do Scott
McBride, for a Site Specific Development Plan and Use by Special Review Permit,
USR14-0038, 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. a The motion was seconded by Chair Rademacher for
the purpose of discussion. Commissioner Conway proposed the option of a continuance.
Following discussion, and upon a roll call vote, the motion failed 2/3, with Commissioners
Kirkmeyer, Freeman, and Conway opposed.
Commissioner Conway again discussed the option of a continuance or the Substantial
Change process.
Commissioner Kirkmeyer moved to deny the request of Melvin and Julie Ellis, c/o Scott
McBride, for a Site Specific Development Plan and Use by Special Review Permit,
USR14-0038, 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 previous comments and findings
made for the record. The motion was seconded by Commissioner Freeman. IE1 At the
request of Commissioner Conway, Mr. Yatabe explained the Substantial Change process.
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Upon a roll call vote, the motion failed 2/3, with Commissioners Conway, Garcia and
Rademacher opposed.
la Following further discussion, Commissioner Conway moved to continue the matter to
October 29, 2014, at 9:00 a.m., to allow the applicant additional time to conduct a neighborhood
meeting and discuss possible mitigation measures with the surrounding property owners. Chair
Rademacher seconded the motion for the purposes of discussion. Upon a roll call vote, the
motion carried 4/1 with Commissioner Kirkmeyer opposed. It was clarified that the only
testimony allowed would be new topics of discussion. There being no further discussion, the
hearing was completed at 4:27 p.m.
(Clerk's Note: Subsequent to the hearing, the County Attorney's Office issued a letter to the
applicant, surrounding property owners, and those who were in attendance, indicating that the
failure of the original motion for Approval resulted in a Denial, and thus the subsequent motions
to deny and to continue were without effect. Said letter is attached to the resulting Denial
Resolution and the hearing scheduled for October 29, 2014, cancelled.)
This Certification was approved on the 15th day of October, 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Cy EXCUSED DATE OF APPROVAL
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Weld County Clerk to the Board •
/ •rI arbara Kirkmerjsro-Tem i
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