HomeMy WebLinkAbout20121878.tiff HEARING CERTIFICATION
DOCKET NO. 2012-44
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR12-0022, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (OUTSIDE RECREATIONAL VEHICLE STORAGE AND MISCELLANEOUS
STORAGE) 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 - ROBERT L. SELTZER FAMILY TRUST, C/O
COLORADO OUTDOOR STORAGE, LLC
A public hearing was conducted on July 18, 2012, at 10:00 a.m., with the following present:
Commissioner Sean P. Conway, Chair
Commissioner William F. Garcia, Pro-Tem
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Brad Yatabe
Planning Department representative, Chris Gathman
Public Works representative, Heidi Hansen
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated June 1, 2012, and duly published June 6,
2012, in the Fort Lupton Press, a public hearing was conducted to consider the request of the
Robert L. Seltzer Family Trust, c/o Outdoor Storage, LLC, for a Site Specific Development Plan
and Use by Special Review Permit, USR12-0022, for any Use permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts
(outside recreational vehicle storage and miscellaneous storage) 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.
e Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal, entered the favorable recommendation of the Planning Commission into the record as
written, and reviewed the referral responses. He indicated staff has received various letters of
concern regarding setting a precedent for commercial uses in an agricultural area, decreased
property values, increased traffic and safety hazards, environmental contamination,
crime/theft/vandalism, dumping waste from RVs, lack of toilet facilities, lack of water for
landscaping and fire protection, and overall incompatibility. He noted, if approved, some of the
letters did propose mitigation options, which he reviewed for the record, and also received two
letters of support from residents north of the site. He submitted a Memorandum, marked
u,: ) 9s k 2012-1878
at -/a PL2170
HEARING CERTIFICATION - ROBERT L. SELTZER FAMILY TRUST, C/O OUTDOOR
STORAGE, LLC (USR12-0022)
PAGE 2
Exhibit K, proposing revised language to Development Standard #4 to clarify what may be
stored at the site. He also displayed a site map and photographs of the site and surrounding
area and addressed questions from the Board regarding the number of spaces proposed,
neighborhood contacts, and the Regional Urban Area (RUA) in the vicinity.
El Heidi Hansen, Department of Public Works, reviewed the roadway classification, average
daily traffic counts, primary and secondary access requirements, improvements agreement
provisions, and grading/drainage plans.
El Lauren Light, Department of Public Health and Environment, stated staff initially included
the standard requirements for water and sewer, since the site will serve more than ten (10)
customers per day; however, after extensive discussion, the Planning Commission agreed to
the applicant's request to remove the requirement for any public sewer/water improvements.
She also reviewed the proposed Dust Abatement, Landscaping, and Waste Handling Plans.
El Bob Rickard, Rock Creek Surveying, LLC, represented the applicant and displayed a
PowerPoint presentation, marked Exhibit P, which he reviewed for the record. He stated they
did contact the neighbor directly across the road, and attempted to contact other area residents
by e-mail, concerning the on-site meeting which was hosted on July 12, 2012, at 9:00 a.m.;
however, no one attended.
El David Meyer, Vertex Construction Services, represented the applicant and stated there
was also an on-site meeting with the Knudsons, surrounding property owners, on May 31,2012.
Mr. Meyer explained the phased construction plans for 700 striped storage spaces of various
sizes, stated the applicant has complied with the various engineering and Fire Protection District
requirements, and he also reviewed the lighting and security plans. He stated the intent is to
allow RV and Boat storage and the applicant is in agreement with the proposed definition of the
miscellaneous uses which will be allowed on the site. He reviewed the Landscaping/Screening
Plan and stated the applicant requested the waiver of water/sewer facilities since there will be
no full-time employees and their clients will only be at the site for short periods of time. In
response to Commissioner Kirkmeyer, Mr. Meyer reviewed the security, screening and
landscaping plans.
El Craig Poulsen represented the applicant and addressed the security and fencing plans in
detail.
Fl Chair Conway invited members of the public to speak. Jeannie Ware, surrounding
property owner, indicated she and her husband previously submitted letters, marked Exhibits H
and I, and she expressed concerns with the lack of notice for the meeting and lack of
information regarding what the final buildout will look like. Ms. Ware reviewed photographs of
other facilities in the vicinity and questioned the applicant's intent for ensuring appropriate
landscaping, water/sewer, storage items, and road conditions. She addressed questions from
the Board regarding the site conditions at her visits, and Commissioner Kirkmeyer commented
she has observed the other facilities and agrees with Ms. Ware's descriptions.
2012-1878
PL2170
HEARING CERTIFICATION - ROBERT L. SELTZER FAMILY TRUST, C/O OUTDOOR
STORAGE, LLC (USR12-0022)
PAGE 3
ID Vicky Knudson, surrounding property owner directly across the road, expressed concerns
with the negative impact to property values for homes which range from $600,000 to more than
$1 million. She proposed the applicant shift the facility away from the road and further into the
125-acre property and out of their direct line of site, and added it should also be required to
provide restroom facilities. She stated they did receive an e-mail from the applicant; however,
they were out of town and unable to attend the neighborhood meeting.
Ken Knudson, surrounding property owner, agreed with the previous comments and
addressed the lack of water, inaccurate representation of the numbers of users, improper
location of the facility and lack of staging area, the need for landscaped berms, and
incompatibility. Commissioner Kirkmeyer commented she did receive a message from
Mr. Knudson; however, she did not return his call due to the quasi-judicial process.
ID Sherry Bean, surrounding property owner, commented the area is developing from rural to
commercial, and she expressed concern with declining property values. If approved, she
requested the applicant construct a berm to reduce the visual impact.
FE Steve Neal stated he is a surrounding property owner but does not currently reside in the
area. He stated he received an e-mail regarding a neighborhood meeting the night before and
was unable to attend the next morning because he had to work. Mr. Neal stated this is a not an
appropriate location for the proposed use, the applicant's estimates for daily traffic are not
realistic for the weekends and holidays, and he expressed concern with the potential for backed
up traffic, noise, theft, and the lack of water for sanitation, fire prevention and landscaping.
El Mark Welhouse, surrounding property owner, stated he did not receive a notice of the
meeting and he expressed concern with the potential safety hazards for recreational bikers with
increased traffic on a narrow road. He stated the facility should be set back further into the site
to accommodate the necessary movements for vehicles pulling campers and boats, and he
indicated the proposed fence will not be adequate due to the site elevation and height of the RV
units, which will be an eyesore without suitable berming and landscaping. Mr. Welhouse also
expressed concern with the lack of water to maintain the landscaping, and the lack of on-site
supervision or restroom facilities. There being no further comments, Chair Conway closed
public testimony.
Fl At 11:35 a.m., Chair Conway recessed the hearing until 1:00 p.m. Upon reconvening,
Mr. Meyer addressed the comments made during public testimony regarding the limited time
frame for the neighborhood meeting, specific uses allowed, establishment and maintenance of
landscaping, plans for phased development, traffic estimates, and the reasoning for the
proposed location.
El In response to Commissioner Rademacher, Tim Seltzer, property owner, indicated the
location of oil and gas improvements on the property and explained there is no water available
to the site without hauling it in or accessing the tap on the adjoining property owned by his
mother. He further stated the facility will be surfaced with recycled asphalt. Responding further
2012-1878
PL2170
HEARING CERTIFICATION - ROBERT L. SELTZER FAMILY TRUST, C/O OUTDOOR
STORAGE, LLC (USR12-0022)
PAGE 4
to Commissioner Rademacher, Ms. Hansen stated the applicant will need to do a water quality
feature; however, since they are not paving the site, they do not need a detention pond.
ID Mr. Meyer responded to questions from Commissioner Garcia regarding the gated setback
distances from current and future rights-of-way, and the ability to open the gate remotely.
Mr. Poulsen stated their other facilities have 32-foot-wide gates, they strive to keep customers
happy, they are well informed if a code is going to be deactivated, and there will be a local
resident available to open the site as an emergency backup option.
El Commissioner Kirkmeyer stated in the last ten years the area has transitioned to rural
residential, she feels the neighbors have presented some reasonable ideas, and she suggested
continuing the hearing to allow the applicant the opportunity to schedule a meeting to gain
additional input and consider further mitigation options. Commissioner Rademacher agreed,
and stated, if approved, the property will be highly scrutinized and it is better to resolve issues
now. He stated the lack of water is a large issue and use of the adjacent residential tap is not a
sufficient solution. Chair Conway stated the suggestions from the neighbors are not
unreasonable, and he asked the applicant to provide information concerning their other facilities
in regards to traffic counts, water availability, fencing, and landscaping. Commissioner Long
clarified the applicant may not be held entirely to all of the requests.
El Mr. Meyer reviewed the Landscape Plan and stated the applicant is willing to discuss the
use of portable toilets and bottled water. The Board clarified the meeting does not give
neighbors any veto power; however, it is a good opportunity to answer questions and show how
they are operating the other facilities to eliminate some concerns. Mr. Seltzer stated his family
has been in the area since 1914, and the transition in the area is a result of the neighbors
moving in. He stated he did attempt to communicate and received no response, and he intends
to operate a quality facility. Commissioner Rademacher stated some of the concerns are still
valid and need to be addressed, even if the neighbors were not in opposition.
la Following discussion, Mr. Meyer agreed continuing the hearing to August 1, 2012, will
allow sufficient time to conduct a neighborhood meeting. The Board reiterated the meeting
discussion does not grant the neighbors veto power; however, the applicant needs to give
consideration to addressing the following issues: restroom facilities, berming/landscaping,
signage, additional setbacks for staging, repositioning the site within the overall property,
clarifying what will be allowed for storage and prohibiting residents, restricting sales from the
site, and security/supervision.
In Commissioner Kirkmeyer moved to continue the request of the Robert L. Seltzer Family
Trust, do Outdoor Storage, LLC, for a Site Specific Development Plan and Use by Special
Review Permit, USR12-0022, for any Use permitted as a Use by Right, Accessory Use, or Use
by Special Review in the Commercial or Industrial Zone Districts (outside recreational vehicle
storage and miscellaneous storage) 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, to August 1, 2012, at 10:00 a.m.
The motion was seconded by Commissioner Garcia. Commissioner Rademacher stated he
2012-1878
PL2170
HEARING CERTIFICATION - ROBERT L. SELTZER FAMILY TRUST, C/O OUTDOOR
STORAGE, LLC (USR12-0022)
PAGE 5
supports a continuance and hopes all of the parties are reasonable. Commissioner Kirkmeyer
stated there are no guarantees either way; however, she hopes further discussion will result in a
better plan that fits within a nice neighborhood. Chair Conway agreed. Commissioner Long
requested a roll call vote. There being no further comments, the motion carried four to one, with
Commissioner Long opposed, and the hearing was completed at 2:04 p.m.
This Certification was approved on the 23rd day of July, 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: c iren., '1 69,
Sean�P. C ay, Chair
Weld County Clerk to the Board
Wil am F. Gara , Pro- em
BY: ` _.�, :, .�` Wit' /
Deputy CI ? to th d )/l(ujn_ !d/s
p�, ara Kirkmeyer /
1861 �* 4.3 e4.
Y"1Ps 11
r David E. Long
ugla ademac r
2012-1878
PL2170
Hello