HomeMy WebLinkAbout20142301.tiff EXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION VSYL `x-k _ p b lg
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIO
Moved by Benjamin Hansford, 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: USR14-0018
APPLICANT: CKG INCORPORATED, C/O CHAD GOENS
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 (AN OFFICE BUILDING, A DUMP STATION. SEVEN
BUILDINGS FOR MINI-STORAGE AS WELL AS INDOOR RV AND BOAT
STORAGE, APPROXIMATELY 42 COVERED & 404 OUTDOOR SPACES FOR
THE STORAGE OF RVS. BOATS WITH AND WITHOUT TRAILERS. ATVS. VANS.
STAND-ALONE CAMPERS. MOTOR HOMES. 5TH-WHEEL TRAILERS, SMALL-,
MEDIUM-. AND LARGE-PICK-UP TRUCKS WITH OR WITHOUT ATTACHED
CAMPERS, AND OTHER SIMILAR ITEMS INCLUDING INDUSTRIAL AND/OR
COMMERCIAL VEHICLES. HEAVY EQUIPMENT. AND & MATERIALS)
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 : S2SE4NW4SE4/E2SW4SE4 SECTION 27. T1 N. R66W OF THE 6TH P M. , WELD
COUNTY, COLORADO.
LOCATION : NORTH OF AND ADJACENT TO CR 4 AND APPROXIMATELY 0.6 MILES EAST OF CR
31 .
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 (USR) permit to construct about 40
covered storage spaces and 400 outdoor storage spaces for RVs. boats, etc. The application
materials state that seven (7) buildings will be constructed for indoor mini-storage and indoor
RV and boat storage. An office building and an RV dump station are also proposed to be
constructed on the site.
The applicant has proposed screening, lighting, landscaping, and parking for the site. The
submitted site plan depicts the landscaping plan along County Road 4, the lighting plan and
some parking spaces adjacent to the office. The screening consists of a masonry fence
abutting County Road 4 and a chain link fence with slats surrounding the north, east and west
section of the site. The application indicates one part time employee will be located on site
when Phase 2 is initiated and the maximum number of people on site would be 10. The
hours of operation are proposed to be 24/7.
P p p
The proposed Landscaping/Screening Plan and Lighting Plan along with the Development
Standards and the other Conditions of Approval will assist in mitigating the impacts of the
facility on the adjacent properties.
O14— X301
RESOLUTION USR14-0018
CKG INCORPORATED. CIO CHAD GOENS
PAGE 2
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 (an office building, a dump
station, seven buildings for mini-storage as well as indoor RV and boat storage,
approximately 42 covered & 404 outdoor spaces for the storage of RVs, boats with and
without trailers. ATVs, vans, stand-alone campers, motor homes, 5th-wheel trailers, small-,
medium-. and large-pick-up trucks with or without attached campers, and other similar items
including industrial and/or commercial vehicles, heavy equipment & materials) 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.
County Road 4 borders the site on the south and the adjacent lands to the north, east and
west are pastures, rural residences and a substation. The closest residence is approximately
175 feet west of the west property line.
There are four (4) USRs located within one mile of this parcel. USR-349 is a non-operating
hog farm and USR-12 for a single family dwelling are located north of the site. USR-1711 for
a major facility of a public utility and USR-862 for an accessory building are located east of
the site. The Weld County Department of Planning Services has not received any
correspondence from the surrounding property owners.
The proposed Landscaping/Screening Plan and Lighting Plan 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 Cities of Brighton, Fort Lupton.
and the Town of Lochbuie. The City of Fort Lupton's referral dated May 28. 2014 indicated
no concerns. The City of Brighton and the Town of Lochbuie 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 existing and proposed facility is located on soils designated primary as ''Other" per the
1979 Soil Conservation Service Important Farmlands of Weld County Map. The proposed
USR will not take any Prime (Irrigated) Farmland out of production.
1
RESOLUTION USR14-0018
CKG INCORPORATED. 0/0 CHAD GOENS
PAGE 3
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 plat:
A. The applicant shall attempt to address the requirements of Anadarko Petroleum Corporation as
stated in the letter dated July 10, 2014. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services. (Department of Planning Services)
B. An accepted Final Drainage Report stamped and signed by a Professional Engineer registered in
the State of Colorado is required. (Department of Planning Services - Engineer)
C. County Road 4 has been annexed by the City of Brighton. Access and right-of-way requirements
will be determined by the City. (Department of Planning Services - Engineer)
D. The plat shall be amended to delineate the following:
1 ) All sheets of the plat shall be labeled USR14-0018. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The plat 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 , as shown on the plat. (Department of Planning Services)
( P
6) The approved Landscaping/Screening Plan, as shown on the plat. (Department of Planning
Services)
7) The approved Parking Plan, as shown on the plat. (Department of Planning Services)
8) The approved Lighting Plan. as shown on the plat. (Department of Planning Services)
9) County Road 4 is owned and maintained by the City of Brighton . County Road 4 is
designated on the Weld County Road Classification Plan as a collector roadway, which
requires additional right-of-way at full build out. The applicant must delineate on the plat the
future right of way as required by the City of Brighton . The applicant shall verify the existing
60 feet of right-of-way and the documents creating the right-of-way and this information shall
be noted on the plat. All setbacks shall be measured from the edge of future right-of-way If
the existing right-of-way cannot be verified , it shall be dedicated . (Department of Planning
Services - Engineer)
RESOLUTION USR14-0018
CKG INCORPORATED, O/O CHAD GOENS
PAGE 4
10) Label the approved City of Brighton accesses on the plat with access permit number if
applicable. (Department of Planning Services - Engineer)
11 ) The applicant shall indicate specifically on the plat the type of right-of-way/easement and
indicate whether it is dedicated, private, or deeded. (Department of Planning Services -
Engineer)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit three (3) paper copies
or one (1 ) electronic copy ( .pdf) of the plat for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all
other documentation required as Conditions of Approval . The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be
prepared in accordance with the requirements of Section 23-2-260. D of the Weld County Code. The
Mylar plat 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 plat
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 p ( ) o at
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 Planning Services - Engineer)
•
a. An individual sew
the Weld County Individual Sewage Disposal Regulations. The septic system is required to be
designed by a Colorado Registered Professional Engineer occording to the Weld County
Individual Sewage Disposal 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 plat 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 Joyce Smock.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Mark Lawley
Michael Wailes
Nick Berryman
RESOLUTION USR14-0018
CKG INCORPORATED. 0/O CHAD GOENS
PAGE 5
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.
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 July 15, 2014.
Dated the 15th of July. 2014.
Digitally signed by Kristine
4/)\,Cbb/� Ranslem
Date: 2014.07.21 08:06:33 -06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Mountain View RV Storage c/o Chad Goens
USR14-0018
1 . 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 (an office building, a dump station, seven buildings for mini-storage as well as indoor RV and
boat storage, approximately 42 covered & 404 outdoor spaces for the storage of RVs, boats with and
without trailers, ATVs, vans, stand-alone campers. motor homes, 5th-wheel trailers, small-, medium-,
and large-pick-up trucks with or without attached campers, and other similar items including industrial
and/or commercial vehicles, heavy equipment & materials) 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 right pursuant to Section 23-8-10 of the Weld
property 9
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 Individual Sewage Disposal Systems (I .S. D. S. ) 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. The parking on the site shall be maintained in accordance with the approved Parking Plan.
(Department of Planning Services)
8. The signage on the site shall be maintained in accordance with the approved Signage Plan.
(Department of Planning Services)
9. The landscaping and screening on the site shall be maintained in accordance with the approved
Landscape/Screening Plan. (Department of Planning Services)
10. 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 Planning Services
-Engineer)
11 . The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services -Engineer)
12. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Planning Services -Engineer)
13. 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)
RESOLUTION USR14-0018
CKG INCORPORATED, 0/O CHAD GOENS
PAGE 7
14. 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)
15. 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)
16. 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)
17. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
18. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. Portable toilets and bottled water are acceptable for 10 or less customers or
visitors per day and/or 2 or less full time (40 hour week) employees on site. Records of maintenance
and proper disposal for portable toilets shall be retained on a quarterly basis and available for review
by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced
by a cleaner licensed in Weld County and shall contain hand sanitizers. (Department of Public Health
and Environment)
19. A permanent, adequate water supply shall be provided for drinking and sanitary purposes when the
number of customers or visitors per day exceeds 10 and/or there are 3 or more full time (40 hour
week) employees on site. (Department of Public Health and Environment)
20. Sewage disposal for the facility shall be by septic system when the number of customers or visitors
per day exceeds 10 and/or there are 3 or more full time (40 hour week) employees on site. Any septic
system located on the property must comply with all provisions of the Weld County Code. pertaining to
Individual Sewage Disposal Systems. (Department of Public Health and Environment)
21 . 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)
22. 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)
23. Building permit maybe 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)
24. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
25. 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 USR14-0018
CKG INCORPORATED. 0/O CHAD GOENS
PAGE 8
26. 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.
27. 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.
28. 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 .
1 i q
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, July 15, 2014
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Mark Lawley. at 1 : 30 pm.
Roll Call.
Present: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Michael Wailes, Nick Berryman.
Also Present: Chris Gathman and Diana Aungst, Department of Planning Services; Wayne Howard and
Jennifer Petrik, Department of Public Works: Lauren Light, Department of Health; Brad Yatabe, County
Attorney, and Kris Ranslem, Secretary.
Motion: Approve the July 1 , 2014 Weld County Planning Commission minutes, Moved by Jason Maxey,
Seconded by Joyce Smock. Motion passed unanimously.
CASE NUMBER: USR13-0029
APPLICANT: RONALD HULSTROM
PLANNER: TIFFANE JOHNSON
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A 130 FOOT TELECOMMUNICATION TOWER IN THE A
(AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION: LOT B REC EXEMPT RE-250Z PART S2NW4 SECTION 22, T1N, R68W OF
THE 6TH P.M. . WELD COUNTY, COLORADO.
LOCATION: EAST AND AJDACENT TO CR 7: APPROXIMATELY 1300 FEET SOUTH OF
ERIE PARKWAY (CR 8).
Diana Aungst, Planning Services, stated that the applicants wish to withdraw their request for a 130 foot
telecommunication tower.
CASE NUMBER: USR14-0018
APPLICANT: CKG INCORPORATED, C/O CHAD GOENS
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 (AN OFFICE BUILDING, A DUMP STATION,
SEVEN BUILDINGS FOR MINI-STORAGE AS WELL AS INDOOR RV AND
BOAT STORAGE, APPROXIMATELY 42 COVERED & 404 OUTDOOR
SPACES FOR THE STORAGE OF RVS, BOATS WITH AND WITHOUT
TRAILERS, ATVS. VANS. STAND-ALONE CAMPERS. MOTOR HOMES. 5TH-
WHEEL TRAILERS. SMALL-, MEDIUM-, AND LARGE-PICK-UP TRUCKS WITH
OR WITHOUT ATTACHED CAMPERS, AND OTHER SIMILAR ITEMS
INCLUDING INDUSTRIAL AND/OR COMMERCIAL VEHICLES, HEAVY
EQUIPMENT. AND & MATERIALS) 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 : S2SE4NW4SE4/E2SW4SE4 SECTION 27. T1 N , R66W OF THE 6TH P. M. .
WELD COUNTY. COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 4 AND APPROXIMATELY 0.6 MILES
EAST OF CR 31
Diana Aungst, Planning Services, presented Case USR14-0018, reading the recommendation and
comments into the record. Ms. Aungst noted that one (1 ) phone call was received from a surrounding
property owner concerned for her horses and decrease in property value. The Department of Planning
Services recommends approval of this application with the attached conditions of approval and
development standards.
EXHIBIT
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O-C LA 0 I
Jennifer Petrik, 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. Ms. Light suggested removing Condition of Approval 6.A as
the applicant is proposing to install the septic system in Phase 2.
Chad Goens, 15281 Wagon Wheel Drive, Brighton, Colorado, stated that he plans to construct the site in
phases with Phase 1 beginning with outdoor storage. Phases 2 and 3 will include drilling the well and
staffing a full-time employee on site.
Commissioner Maxey asked the applicant what his thoughts were regarding the future closed access to
Highway 85 from County Road 4. Mr. Goens said it is a bad intersection and expects the majority of the
traffic for this proposed site to come from County Road 2 and County Road 4 and down County Road 31
as that is where the high-density housing is located.
Commissioner Maxey asked staff if Weld County has an Intergovernmental Agreement with the City of
Brighton. Ms. Aungst stated that there is no Intergovernmental Agreement with the City of Brighton;
however a referral was sent to them. She added that the applicant did visit with the City of Brighton on
the access and other concerns. Mr. Goens said that he did talk with Brighton regarding annexation and
they indicated that there is no water and sewer currently available to this site.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Claire Scavello, 16859 CR 4, stated that County Road 4 is a narrow two-lane road with 55 mph speed
limit. She is concerned with large vehicles traveling at that speed as well as the weight limit of these
vehicles. Additionally, she is concerned about contamination to well water and surface water from this
facility, as well as noise, hours of operation, and air pollution from the vehicles. She asked if they will be
allowed to work on their motor homes at this site and is concerned with the leakage of fluids onto the
ground. She is worried about decrease of property values.
Tom Gray Elk Rael, 15147 CR 4, stated that he lives approximately 0.5 miles west of this site. He
purchased this property in 1993. He feels that this facility should be located along commercial corridors
and not in this rural area.
The Chair asked if the storage owners would be allowed to work on their vehicles. Mr. Goens stated that
they would not be allowed to work on any vehicles or store any derelict vehicles on site.
The Chair asked staff about the drainage design on site. Ms. Petrik stated that the applicant is required
to construct a detention pond that has water quality embedded in the design and will collect any
sediments or debri before leaving this property.
Commissioner Maxey asked the applicant if he has met with the closest residence. Mr. Goens said that
he had talked with them prior to purchasing this site and showed them his designs of the facility.
In response to Commissioner Wailes inquiry regarding the letter submitted from Anadarko, Mr. Goens
said that this was just brought to his attention last week and added that he has been meeting with
Anadarko and working with them. He added that Anadarko has requested that he delay a portion of the
development so that they can drill and add tanks. He further added that they are to submit their designs
to him.
Motion : Delete Condition of Approval 6.A as recommended by Staff, Moved by Jason Maxey, Seconded
by Benjamin Hansford. Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
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Motion : Forward Case USR14-0018 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Benjamin Hansford, Seconded by Joyce Smock.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Michael Wailes, Nick Berryman.
CASE NUMBER: USR14-0010
APPLICANT: VIVIAN BEST
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (VEHICLE AND EQUIPMENT PARKING AND
STAGING FOR A LANDSCAPE MAINTENANCE AND INSTALLATION
BUSINESS), 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: PART SW4 SECTION 18, T6N , R66W OF THE 6TH P.M. ; WELD COUNTY.
COLORADO
LOCATION : NORTH OF AND ADJACENT TO STATE HIGHWAY 392 AND
APPROXIMATELY 1 .500 FEET WEST OF CR 27
Chris Gathman, Planning Services, presented Case USR14-0010, 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. Mr. Gathman noted that
he handed out a letter submitted from a surrounding property owner to the applicant.
Mark Lawley wished to recuse himself from this case since he is a family friend to the adjacent property
owner to the west.
Jennifer Petrik, 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. Ms. Light noted that Development Standards 14 and 15 were
inadvertently added and are not required for this case; therefore she recommended that they be deleted.
Commissioner Maxey noted that Development Standard 3 may be in conflict with CDOT's referral which
states that if there are up to 12 employees then no requirements are necessary. Ms. Light stated that
Development Standard 3 is a Planning Department comment and not Environmental Health. Mr.
Gathman said that Development Standard 3 may be deleted if it is in conflict with Health Department
Policy.
Ed Terrazas, 12437 Hwy 392, and Vivian Best 12437 Hwy 392. Mr. Terrazas stated that they are
currently in violation. He is proposing to park vehicles and landscape materials on three-quarters of the
property. The employees arrive in the morning and leave again and do not return until the end of the day.
No customers come to the site.
Commissioner Hansford asked how long the applicant has operated from this site. Mr. Terrazas said that
he has operated from this site for 7 years and hasn't received a complaint.
Commissioner Berryman referred to the letter handed out by Mr. Gathman and asked if he has talked to
his neighbor. Mr. Terrazas stated that he received this email 4 days ago and wished to present it to the
Planning Commission. He added that all of his vehicles are licensed and insured and the drivers have
current drivers license. Additionally, he said that this was the first he heard that the neighbor wished to
have him place a fence on the neighbor's property.
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