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Home My WebLink About20143068.tiff �86r �# i LAND USE APPLICATION jL SUMMARY SHEET o-ouN_Ly Planner: Diana Aungst Hearing Date: September 16, 2014 Case Number: USR14-0038 Applicant: Melvin and Julie Ellis, c/o Scott McBride 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 Lot A RE-5078; Part E2NW4/W2NE4 Section 30, T6N, R66W of the 6th P.M., Weld Description: County, CO Location: West of and adjacent to CR 27; approximately 0.3 miles south of CR 66. Size of Parcel: +/- 6.67 acres Parcel No. 0805-30-1-00-090 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: y Weld County Department of Public Works, referral dated August 4, 2014 ➢ Weld County Department of Building Inspection, referral dated July 18, 2014 ➢ Weld County Department of Public Health and Environment, referral dated August 11, 2014 The Department of Planning Services' staff has received referral responses without comments from the following agencies: ➢ Town of Windsor, referral dated July 21, 2014 Town of Severance, referral dated August 7, 2014 • Weld County Sheriffs Office, referral dated August 18, 2014 Weld County Zoning Compliance, referral dated July 21, 2014 Weld County School District RE-4, referral dated July 21, 2014 Colorado Department of Transportation, referral dated August 18, 2014 • State of Colorado, Division of Water Resources, referral dated July 30, 2014 The Department of Planning Services' staff has not received responses from the following agencies: ➢ City of Greeley ➢ West Greeley Conservation District ➢ Great Western Railroad ➢ Colorado Division of Parks and Wildlife ➢ North Weld County Water District ➢ Windsor/Severance Fire Protection District USR14-0038 Page 1 of 10 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Uao v YDi Planner: Diana Aungst Hearing Date: September 16, 2014 Case Number: USR14-0038 Applicant: Melvin and Julie Ellis, c/o Scott McBride 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 Lot A RE-5078; Part E2NW4/W2NE4 Section 30, T6N, R66W of the 6th P.M., Weld Description: County, CO Location: West of and adjacent to CR 27; approximately 0.3 miles south of CR 66. Size of Parcel: +/- 6.67 acres Parcel No. 0805-30-1-00-090 Case Summary: 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 applicant is proposing screening, landscaping, lighting, signage, and parking. The submitted site plan depicts a 6-foot chain link fence and landscaping surrounding the entire site. Parking is adjacent to the office/caretakers residence. The application indicates that there will be 2 employees and that the maximum number of people visiting the site will be 150 per day. The hours of operation are proposed to be 24/7. The site is not is a Special Flood Hazard Area. The site is located in the North Greeley Rail Corridor Subarea. DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED 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 Department of Planning Services' staff 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 USR14-0038 Page 2 of 10 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 24/7. 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 existing surrounding land uses. 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 about 27 surrounding property owners and three letters 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. USR14-0038 Page 3 of 10 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 Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the map: 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) USR14-0038 Page 4 of 10 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) 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) USR14-0038 Page 5 of 10 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) USR14-0038 Page 6 of 10 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 24-hours a day 7-days a week, 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) USR14-0038 Page 7 of 10 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. USR14-0038 Page 8 of 10 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 USR14-0038 Page 9 of 10 and center pivot operations, high speed traffic, sand burs, 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. USR14-0038 Page 10 of 10 H N DEPARTMENT OF PLANNING SERVICES a $6i 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: daungst@co.weld.co.us �f PHONE: (970) 353-6100, Ext. 3524 C v i FAX: (970)304-6498 r August 26, 2014 TAYLOR MARK 3610 35TH AVE UNIT 6 EVANS, CO 80620 Subject: USR14-0038 - 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. On parcel(s)of land described as: PT E2NW4/W2NE4 SECTION 30, T6N, R66W LOT A REC EXEMPT RE-5078 of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on September 16, 2014, at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on October 8, 2014 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at www.weldcountyplanningcases.org If you have any questions concerning this matter, please call. Respectfully, �� n Digitally signedby author e Random l`",f'^I"I'n',i`�aCa�„ Fuson:lam the author of thisdocument Date:2014.08.2611:39:35-06'00' Diana Aungst Planner h N DEPARTMENT OF PLANNING SERVICES "••••• Lia ti 1555 N 17th AVE j ' r ^ GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: daungst@co.weld.co.us PHONE: (970)353-6100, Ext. 3524 , ' / FAX: (970)304-6498 July 18, 2014 TAYLOR MARK 3610 35TH AVE UNIT 6 EVANS, CO 80620 Subject: USR14-0038 - 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. On parcel(s)of land described as: PT E2NW4/W2NE4 SECTION 30, T6N, R66W LOT A REC EXEMPT RE-5078 of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the following Planning Commission(s)for their review and comments: Greeley at Phone Number 970-350-9741 Severance at Phone Number 970-686-1218 Windsor at Phone Number 970-674-2400 Please call the listed Planning Commissions, for information regarding the date, time and place of the meeting and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please call. Respectfully, �� . Digitally signed by Kristine Randem (,t�N`Qs...� F�ason:I am the author of thisdocument U Date:2014.07.18 13:51:49-06'00' Diana Aungst Planner FIELD CHECK Inspection Date: 9/5/14 Case Number: USR14-0038 Applicant: Melvin Ellis, do Scott McBride 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 Lot A RE-5078; Part E2NW4/W2NE4 Section 30, T6N, R66W of the 6th P.M., Description: Weld County, CO Location: West of and adjacent to CR 27; approximately 0.3 miles south of CR 66. Size of Parcel: +/- 6.67 acres Parcel No. 0805-30-1-00-090 Zoning Land Use N A (Agricultural) N Agriculture E A (Agricultural) E Agriculture/Rural Residential S A (Agricultural) S Railroad tracks/Rural Residential W A (Agricultural) W Agriculture COMMENTS: The site is currently vacant land. There are no access points into the site. aCJI t Diana Aungst, Planner U USR 14-0038 REST STOP Boat& RV Storage Lighting Plan The lighting plan has been modified to help mitigate the concerns of the surrounding residents during the recent planning commission hearing. During the hearing we discussed the option to turn off the lights with the exception of a few such as those at the entrance or near the caretaker's house. The overall goal was to turn off or reduce lighting after hours to minimize any impact on the surrounding residential properties. After speaking with the electrical contractor it was recommended that we contact the Weld County Sheriff to gain feedback on what they suggest would be best for safety and security of the facility while addressing the concerns of the neighbors. The Sheriff's office recommended perimeter lighting as well as interior lighting to be available in the rare case someone was in the facility all the lights could be turned on to help search the facility. From there, he suggested that we maintain some "night lights" on a limited basis such as entrance, exit and maybe 2 on the interior, while all others are shut off after business hours, but could be activated by sensors. As a result the electrical contractor has developed the following plan to address the safety recommendations of the sheriff and the reduced night lighting discussed during the planning hearing. All lights will be new LED "dark sky" lighting and shielded. These lights are the top of the line and recently installed at Loveland and Berthoud High School to eliminate light pollution in their residential neighborhoods. These lights really won't be noticeable by the neighbors compared to many lights in the area that are the old style lights that are bright and project out in all directions without shields. All light fixtures will include photo eyes to sense movement, dimmers, and timers. This will allow each light to be adjusted based on its location and use as a night light or a timed light set to turn off at closing. We feel that once the facility is constructed these options will allow us to see the lights and adjust them to mitigate any concerns with the neighbors. Overall,the goal is to maintain 4 night lights as recommended by the Sheriff's office while the other 6 lights turn off at closing. Additional fixture features allow the lights to be illuminated at a reduced lighting level from 100% down to 0%, which will really provide the best option to fine tune each light. The lights also feature a delayed and slow light-up when sensing motion;this eliminates "flashing" associated with older technology lighting. We feel this will mitigate the concerns of the neighbors and allow minimum levels for safety and security recommended by the Sheriff, while working within the framework of the discussion and agreement with the planning commission. USR 14-0038 REST STOP Boat& RV Storage Landscape Plan Based on feedback from the planning commission hearing I have met again with landscaped designers and suppliers to provide the best live fence screening that will be attractive to those that drive by as well as the surrounding neighbors. It has been recommended to stick with one type of tree, as this seems to be a common practice throughout the region for screening. The Austrian Pine Tree has been selected due to its low water needs,fast growth, and attractive look. I have reserved up to 150 Austrian Pine with a local supplier that range from 8'to 12' and will be available in the spring of 2015. The landscape design provides for trees on the south and east (facing adjacent neighbors)to be planted at a 12' spacing while trees on the north and west(facing corn fields) to be planted at a spacing of 20'to 24'. The 12' spacing will provide for the start of a dense living fence that will continue to grow together and higher. All trees will be irrigated with the use of an automatic drip line. Diana, Thank you for the feedback and response from the surrounding neighbors. As mentioned in previous conversation I approached the surrounding neighbors located within the 500 ft. range. I met with the neighbors on March 23. I found that half the people on this list are located between 500ft and 5000ft from the property and outside the 500 ft range. Below I am providing a review of those on the objection list and their relation to the property. I am also including the letter provided on March 23 as well as a summary of my meeting with each person. Objection to Proposed Project: Gordon Boersma 12698 Shiloh Rd. Is within the 500ft. distance This person is not listed as the property owner. Gordon Boersma sold the property to Kenneth Frye on 11/19/2013 David Geiler 12678 Shilor Rd. Is within the 500ft. distance I spoke with him on March 23,was somewhat supportive of the project but non-committal at the time. Provided him copy of the letter and asked him to contact me if any questions or concerns. Jeff Cook 12691 WCR 64.5 Is within the 500 ft. distance I spoke with him on March 23, non-committal at the time. Provided him copy of the letter and asked him to contact me if any questions or concerns. Initial concerns about screening and lighting. Explained my plan. Kevin Bruckert 12681 WCR 64.5 within the 500 ft distance Was not the owner of the property in March. Provided the information to the owner Mark Warkentin. Mark explain he was selling the property. I asked for him to share the information with any potential buyer and contact me with any questions. Lisa Antuna 12598 WCR 64.5 OUTSITE THE 500FT DISTANCE Betty Brown 12598 WCR 64.5 OUTSIDE THE 500FT DISTANCE Carol Lowe 12549 WCR 64.5 Is within the 500 ft.distance One of the 2 people I did not reach on March 23. Katherine Rickart 12425 WCR 64.5 OUTSITE THE 500FT DISTANCE Stephen Etter 12346 WCR 64.5 OUTSITE THE 500FT DISTANCE Laci D. Etter 12346 WCR 64.50 OUTSITE THE 500FT DISTANCE Jan Herbst 12799 WCR 64.5 within the 500 ft. range Jim Herbst 12799 WCR 64.5 I spoke with Jim and he was very receptive to the project,felt it was a better option than other heavy industrial uses. Harry Bruntz 12801 WCR 64.5 within the 500 ft. range I spoke with Harry and he was very receptive to the project,felt it was a better option than other heavy industrial uses. (Harry is the father to Jan Herbst listed above then live next to each other) Gail Coleman 12682 Shiloh Road within the 500 ft. range Karen Coleman 12682 Shiloh Road within the 500 ft. range I spoke with Gail in March. He said he is a realtor and very familiar with the USR process. Said he did not necessarily oppose the project, but would be concerned with screening and lights. I asked him to contact me with any other concerns but felt I was making a good effort to provide screening and limit lights. Lani Carwin 12690 Shiloh Rd within the 500 ft. range Shane Carwin 12690 within the 500ft. range I spoke with Shane in March. He said he would review the information with his wife. I asked him to contact me if any questions or concerns. Gerald Firestein 12856 WCR 66 farm land is within 500ft. range (house is%mile away) Mark Firestein 12600 wcr 66 farm land is within 500ft. range (house is 3%mile away) I did not speak with Gerald at this time. I had spoken with Gerald previously when he was a 50%owner in the property as we pursued a contract at an earlier date. He never mentioned a concern that he opposed the propject, he was mainly concerned about ensuring he could dry-up the land and move the water to his other farm land. We were not able to complete the contract at that time because he wanted to take care of the water and had to work it out with his partner. Lisa Loos 31413 WCR 25 OUTSITE THE 500FT DISTANCE Dennis Loos 31413 WCR 25 OUTSITE THE 500FT DISTANCE Over a mile from the property so did not speak with Ruth Firestein Address 30953 WCR 27 OUTSITE THE 500FT DISTANCE Far outside 500 ft. distance did not speak with Judy Firestein 30951 WCR 27 OUTSITE THE 500FT DISTANCE Far outside 500 ft. distance did not speak with Kenneth Tigges OUTSITE THE 500FT DISTANCE Far outside 500 ft. distance did not speak with Larry Warkentin 12681 WCR 64.5 within the 500 ft. range Spoke with Larry. He owned the property next door and this property. Did not provide a comment in favor or against project. Had is house for sale as well as the property to the west. I asked him to share this with his buyers. SUMMARY 25 names(14 contain signatures)are listed on the opposition sheet representing 19 properties 11 properties located within the 500 ft. range 1 property located within the 500 ft. range but owner is not the person signing objection sheet. 7 properties located located OUTSITE THE 500FT DISTANCE 500 ft. Buffer Report Properties This list includes the Bracewell PUD Homeowners Association Members that live on Shiloh Road. *Harry Bruntz 12801 CR 64.5 *Shane& Lani Carwin 12690 Shiloh Road Bryan &Audra Casseday 12694 Shiloh Road *Jeff&Shiela Cook 12691 CR 64.5 Jeanni and Kurt Dodge Vacant corner lot Julie& Max Ellis Property sellers *Dorothy&Gerald Firestein 12856 CR 66 *Mark Firestein 12600 CR 66 *James&Janet Herbst 12799 CR 64.5 *Carol& Lewis Lowe 12546 CR 64.5 Jason & Kristi Ogren 12686 Shiloh Road Ed Orr vacant lot by tracks Kenneth & Kathleen Schrader 31552 CR 27 *Larry&Susan Warkentin 12681 CR 64.5 *Gail & Karen Coleman 12682 Shiloh *David &Nancy Geiler 12678 Shiloh Kenneth Frye 12678 Shiloh Kim&Susan Lawrence 12702 Shiloh Glenn&Roberta Smith 12706 Shiloh Cheryl Fetter 12710 Shiloh Leonard Holladay 12714 Shiloh *those that are listed on the objection letter I met face to face with everyone on this list on March23 or mailed them a letter if they were a vacant property owner. I did not meet with Mark, Dorothy,and Gerald Firestein since I had been in discussions with Gerald over the past 8 to 12 months about this proposed use and he did not mention opposition to it and pursued a contract with me during this time as a 50%owner. Unfortunately, I did not meet with Carol &Lewis Lowe because I missed them on the 500ft. buffer report. The sellers Julie& Max Ellis were involved in the contract so I didn't provide them this letter because they were aware of the use. During the face to face discussion I provided a 3 page summary of the property and the proposed use. I explained that I would like to receive their feedback and concerns up front instead of at the end of the process so these issues could be considered and addressed. I provided my cell phone for direct contact. I did not receive any calls from any of these property owners since I met with them. During the face to face meetings only one property owner objected (Kenneth & Kathleen Schrader)and 2 others had questions about screening and lighting(Gail & Karen Coleman,Jeff&Sheila Cook),all others provided very positive and supportive feedback or did not comment one way or the other, mostly it is a better use than other industrial uses. While somewhat surprised by some of the names on the opposition list, I feel that we have acted in good faith and invited these property owners into the process back in March so that they could voice their concerns prior to further pursue this project. The positive feedback and lack of concerns since March is one of the main reasons we are at this stage. I feel we have addressed their listed concerns. Lighting utilizes innovative LED lights and the number of lights has been greatly reduced to provide safety and security but not impede on the neighbors. A RV dump station will be installed with holding tanks that will be pumped and cleaned thus having zero impact on the underground water. These properties are surrounded by a dairy,gravel pits, and numerous other industrial uses and yet they still hold strong property values. The hours of access will be limited to designated hours and anyone needing late or early access will be by appointment only and controlled with a special access code only available during a short time. The entry and exit locations have been located to avoid lights directed at surrounding homes. Traffic is very minimal compared to any other industrial or commercial use. O 0 or < r H c o H c C 0 a H ❑ 0 - Z n H D o — d � m D 0 10 0 C CI)z (-) o •Z I a a O CO ON NON O r + + 3 HR3 d m 0 cr 0 N r A r CO Km Km < O < O C G m G m 3 0 00) N r r ( -I V -I J d o 0 o a b o 0 co d d n n 0 0 3 0 m N O 0H O m N O 0a d d d m < O K N C -0 G .) 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W . ), (----r 0 C O a0° a — r ran....- .-J n I X O 0D m r ≤On D CO 7 r ^� m e1 m m a u z fTl x m a ' ' NP ` e a a by R H 0T0TOP 0TOR AC � � � < yr o n 0 D N Hm ZD a a :Ci r a s O' n c o n GREELEY COLORADO A v N a -a a a N North Side of Site 15- 19 REST STOP STORAGE Landscape Plan 125 to 144 total Austrian Pine Trees 8' to 12' Austrian Pine ci LA, S at•36'I5'W 3• Asia ea ., Spaced 20' to 24' a.0gshi- atis West Side of Site f . iirtrack.."%- Fie! ; 7 as __ 25-30 - - -_ -� tfi- Je vs _ a 8' to 12' Austrian Pine � �` r. 7ct al D- Spaced 20' to 24' t \\ t • _ - - * f - East Side of Site 30-35, , \• ' ,._ -,___ , , \\- �` 8' to 12' Austrian Pine ti .. , \ , h~- f Spaced at 12' •• ---� , 11 -� 4\ \ I II \ -- - r --,_______ 1 Ground surface covered with S ; , _ - _ � -- IR Dry land grass South Side of Site 4.144 .~ _ ~- • 55-60 - to ca 't J Trees— Irrigated drip line ��D,e°�rrt�p� , a,. 8' to 12' Austrian Pine R" Spaced at 12' Hi , We would like to take this opportunity to introduce ourselves as new neighbors to the area and include you in the development of our property . We have been working with the sellers and Weld County as part of the development of the 6 . 7 acres of land on the North West side of the railroad tracks and on the west side of WCR 27 . Over the past few years there have been many changes and planning for the future development of this and other surrounding properties . Below are some of the changes : Weld County, Greeley, and Windsor have designated this area as part of the North Greeley Rail Corridor. This establishes the future heavy and light industrial uses of the property and how it is developed . Weld County has developed plans to extend 83rd Ave north to connect with WCR 27 . During this process they plan to eliminate the current intersecting points of WCR 27 and WCR 64 . 5, creating a cul -de -sac just north of the current railroad crossing on WCR 27 . (time period for this construction has not been determined ) Recently the property went through a dry- up covenant which eliminates future farming and agriculture activity on the property . ABOUT US : Scott & Shani McBride 2200 San Miguel Drive Severance, CO 970 -214 -6758 We have lived in Severance since 1999 . We have 2 girls ( 18 , 15 years old ) . We are very active in the community . Shani is the leader of the Severance 4H ( formerly Bracewell 4H ) and often volunteers at the schools . Scott has coached local elementary and middle school teams in robotics which includes various areas of science, technology, and teamwork skills . Together we started and own Polyguard Window Well Covers since 2000 . We manufacture and install custom window well co - vers through -out Northern Colorado and Denver. For more information see out website at www . polyguardcovers . com ) Development : This property has been considered by a number of interested parties over the past year . Most recent activity involved plans by a local company to relocate their concrete and asphalt crushing operations to this location . While this area is planned for heavy industrial railroad associated businesses, Weld County would prefer a light industrial operation that would help buffer your resi - dence from future heavy industrial development . Our plans include the operation of a Boat & RV storage facility designed to attract the high -end recreational owner . It will feature a fully fenced perimeter with beautiful landscaping that will provide an attractive view to those in the area . The site will provide dump station service and water to our customers . Full security with an onsite manager to maintain and secure the property . We will have a NO JUNK policy . All items stored must be operable, li - censed , and insured to protect the integrity of the facility, customers, and surrounding area . The facility will feature a secure and gated entrance . Weld County has been very supportive of this use and during the development process we would like to include our neighbors in the process . NEIGHBOR OPPORTUNITY Additionally, as a resident neighbor we would like to extend to our direct neighbors the open invitation to use our dump station services free of charge and allow a limited number of spaces for your use until we reach 80% capacity . At that time we would continue to offer you a space at a discounted rate . We understand many of you have acreage for storage purposes but fe4 you might have a need for the dump station services . Please see the attached pages with additional information regarding this property. • justocatlan :• ocate ont o west side of northof the railroad Description : 6 . 7 acres previouslyand ffarmed erald Firestein & family Current status : r - v n n irrigation u co e a t recor e which removes all rights so property is no longer irrigated . ., il is V \ . C,,• IN J. is al.t.I • ro ert locatedwithin„. __ . .,„...._.. the newly 0- . . . : _} ._ . .„.:. r• wi g .. created N y_ T • #2,- : •f , .0344.,.. ..?. • - / Subarea Plan . is zonin an• • use ,,, . . ,„ _, ._ ....,.:„.• . . : _,. '--t;, . - • I I -.,... plan is a collaboration between . ,• , .-‘4'....' " ,_.lw."4- . . '. - W.Indsor,• . , •:. „.,.---..,-.,,,,..;,•,.,..._ „ , ._c , ree anu d Weld County . r , .... . .;,„. ..,. .. . _. ..., ... ,--,-, _. - ......._. „ .--2. .„ 04:...„ '..:: ''''' 7. : 7..... .Nrv;'-i-, ,„ _ ,...... ... ...., .. _ .. t. • . ' ' ._ _ _ ._._ _ . .. •. _.,. .,. .... . _ • _ Primaryuse is for heavy industrial �+' r""ryg � S ' } h :C ps'-7 y, • ■ .,„,. ....._.• . . .,......„, • ar ra rai roa assoc � atebusi - r. • 4 .a..- ._. , .,, _ ft QZ: • 4._ .., . >~. Yr _ t A 4 nesses withindirect • 1/4 N. connection. : , • . with .. • r - . ,,,.. . . .. ... „.. .. .... . ii. . . ,. _. 7. .T . 7. `r �[ a. sue` i?fi[ ' ( light , . . .. , t e railroad . 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