HomeMy WebLinkAbout20121774.tiff RESOLUTION
RE: APPROVE 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/COLORADO OUTDOOR STORAGE, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 18th day
of July, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Robert L. Seltzer Family Trust, Attn: Tim Seltzer, 33641 County
Road 83, Briggsdale, Colorado 80611, and Colorado Outdoor Storage, LLC, 9249 South
Broadway #418, Littleton, Colorado 80129, 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, on the following
described real estate, being more particularly described as follows:
Lot D of Recorded Exemption, RE-4482; being part
of the SW1/4, W1/2SE1/4 of Section 34, Township
1 North, Range 67 West of the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing the Board deemed it advisable to continue the matter to
August 1, 2012, at 10:00 a.m., to allow additional time for the applicant to schedule a
neighborhood meeting to discuss possible mitigation measures, and
WHEREAS, at said hearing on August 1, 2012, the applicant was present and
represented by Robert Rickard, Rock Creek Surveying, LLC, 3021 Gardenia Way, Superior,
Colorado 80027, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the following
reasons:
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SPECIAL REVIEW PERMIT (USR12-0022) - ROBERT L. SELTZER FAMILY TRUST /
COLORADO OUTDOOR STORAGE, LLC
PAGE 2
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 Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of
agricultural land to non urban 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."
2) Section 22-2-20.1 (A.Goal 9) states: "Reduce potential conflicts
between varying land uses in the conversion of traditional
agricultural lands to other land uses."
3) Section 22-2-20.1.3 (A.Policy 9.3) states: "Consider mitigation
techniques to address incompatibility issues. Encourage
techniques and incentives, such as, but not limited to, clustered
development and building envelopes, to minimize impacts on
surrounding agricultural land."
The proposed facility will cover approximately 16 acres of the 128-acre
property. A Landscaping and Screening Plan, along with a Lighting Plan,
are required as Conditions of Approval for this application to mitigate the
impacts of the facility on the adjacent area.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.S of the Weld County
Code provides for any Use permitted as a Use by Right, Accessory Use,
or Use by Special Review in the Commercial or Industrial Zone Districts
provided that the property is 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 (recreational vehicle storage and miscellaneous
storage) as a Use by Special Review in the A (Agricultural) Zone District.
C. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The site is located in
a rural area; surrounding properties are agricultural and rural residential
lots. The nearest residences are located approximately 300 feet to the
north of the site, approximately 700 feet to the southwest of the site,
approximately 900 feet to the northeast of the site, and approximately
one-quarter mile to the north of the site. The Department of Planning
Services received two letters of concern/opposition from the property
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owner who lives to the southwest of the proposed site. A number of
Conditions of Approval and Development Standards are proposed to
address potential impacts related to this use. A Landscaping and
Screening Plan, along with a Lighting Plan, are required to be submitted
and approved as Conditions of Approval for this application. A minimum
45-foot turning radius is required and the gate for the facility will be set
back a minimum of 140 feet from the future right-of-way to allow RVs and
trailers to pull completely off of the road. A water quality feature is
required to capture oils and fluids from vehicles and equipment stored on
the site. The Brighton Fire Rescue District has reviewed the application
and is requiring a second emergency access into the site.
D. Section 23-2-230.B.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 proposed facility is located within the three-mile
referral area for Adams County and the City of Brighton. No referral
responses have been received from either Adams County or the City of
Brighton.
E. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The site is not located within any
overlay districts. Effective April 25, 2011, building permits issued on the
proposed lot will be required to adhere to the fee structure of the
County-Wide Road Impact Fee Program. Effective April 25, 2011,
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 23-2-230.B.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The facility is proposed to be located on land designated
as "Prime" according to the Prime and Important Farmlands Map of Weld
and Larimer Counties. Although the boundary of the USR will cover the
entire property, the proposed storage area will be located on 16 acres of
the site — the remainder of the site (approximately 112 acres) will remain
undeveloped.
G. Section 23-2-230.6.7 -- 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 ensure that
there are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of the Robert L. Seltzer Family Trust, 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 on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) All plat sheets shall be labeled: USR12-0022.
2) The attached Development Standards.
3) The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
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.
5) County Road 19 is designated on the Weld County Road
Classification Plan as an arterial roadway. There is presently 60
feet of right-of-way. A total of 70 feet from the centerline of
County Road 19 shall be designated on the plat as the edge of
future right of-way. All setbacks shall be measured from the edge
of future right-of-way. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way. If the
right-of-way cannot be verified, it shall be dedicated. This road is
maintained by Weld County.
6) The approved Screening Plan.
7) Show the approved access on the plat, labeled with the approved
access permit number (will be provided when application is
received).
8) Label the turning radiuses into the site. A minimum of 45-foot
radiuses are required to allow trucks or RVs with trailers to turn.
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SPECIAL REVIEW PERMIT (USR12-0022) - ROBERT L. SELTZER FAMILY TRUST /
COLORADO OUTDOOR STORAGE, LLC
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9) The gate must be set back a minimum of 140 feet from future
right-of-way to allow a truck or RV and trailer to pull completely off
of the roadway and open the gate after the future road widening.
10) The approved Lighting Plan.
11) Existing oil and gas wells and tank batteries, including setbacks.
12) The approved Sign Plan.
13) A turn around area before the gate.
B. The applicant shall submit an Access Permit Application to the
Department of Public Works (along with the required photos and fees)
showing the existing access that will be used or closed in order to open
the new access.
C. The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department
of Public Health and Environment. The plan shall include, at a minimum,
the following:
1) The location of trash cans on the site and the waste handler and
facility where the waste will be disposed (including the facility
name, address, and phone number).
D. The applicant shall address the requirements of the Brighton Fire Rescue
District, as outlined in the referral received April 23, 2012. Written
evidence of such shall be provided to the Department of Planning
Services.
E. A Lighting Plan, including cut sheets of the intended lights, shall be
provided to the Department of Planning Services for review and approval.
The Lighting Plan shall adhere to the lighting requirements for off-street
parking spaces, per Section 23-4-30.E of the Weld County Code and
shall adhere to the lighting standards, in accordance with Sections
23-3-360.F and 23-2-250.D of the Weld County Code. Further, the
approved Lighting Plan shall be delineated on the plat.
F. An Improvements and Road Maintenance Agreement is required for on-
site improvements. The Department of Public Works will provide a draft of
the agreement after the Board of County Commissioners hearing for this
project.
G. The applicant shall submit a Landscape/Screening Plan, for review and
approval, by the Department of Planning Services. In addition to the
landscaping and screening provided adjacent to County Road 19, the
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COLORADO OUTDOOR STORAGE, LLC
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Landscape/Screening Plan shall address screening from residential
properties to the south/southwest and north of the proposed use.
H. The applicant shall either submit, to the Department of Planning Services,
a copy of an agreement with the property's mineral owners/operators
stipulating that the oil and gas activities have adequately been
incorporated into the design of the site, or show evidence that an
adequate attempt has been made to mitigate the concerns of the mineral
owners.
The applicant shall submit three (3) paper copies of the plat, for
preliminary approval, to the Department of Planning Services.
J. The applicant shall submit a Sign Plan, for review and approval, to the
Department of Planning Services.
K. The applicant shall submit a Landscape Irrigation Plan detailing how the
proposed landscaping will be irrigated, for review and approval, to the
Department of Planning Services.
2. Upon completion of Condition of Approval #1 above, 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.
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 (120) days
from the date the Use by Special Review Permit was approved by the Board of
County Commissioners, a $50.00 recording continuance charge may be added
for each additional three month period.
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
maps@co.weld.co.us.
5. 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.
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6. Prior to Grading/Construction:
A. If more than one (1) acre is to be disturbed, a Grading Permit will be
required prior to the start of construction. The Grading Permit Application
must contain: an Erosion and Sediment Control Plan, a Grading Plan,
installation details of all Best Management Practices (BMPs) to be
utilized, typical installation and maintenance notes for all BMPs to be
utilized, and a copy of the approved Colorado Department of Public
Health and Environment (CDPHE) Stormwater Permit.
7. Prior to Release of Building Permits:
A. A building permit shall be obtained prior to the construction of any new
structures. Currently, the following have been adopted by Weld County:
2006 International Building Code, 2006 International Mechanical Code,
2006 International Plumbing Code, 2006 International Fuel Gas Code,
2011 National Electrical Code, and Chapter 29 of the Weld County Code.
B. The applicant shall provide a letter of notification from the Greater
Brighton Fire Protection District prior to any new construction.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of August, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:�� (AYE)
Sean P. Co y Chair
Weld County Clerk to the Board (AYE)
)/f )
ill . F. Garcia, Pro-T m
BY:
Deputy Cle9 to th-lBoard ��� 1 . �.���/i4 , i. ,�; __, NAY
i ara Kirkmeyer
ED AS ,: F►- M:`11161 ?t*r�
(AYE)
;avid E. Long
`9v, � UU oo
ou y Attorney ��-'' !' (AYE)
Doug as 'ademac er
Date of signature: t'1- 1—1 -I c7.
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ROBERT L. SELTZER FAMILY TRUST/
COLORADO OUTDOOR STORAGE, LLC
USR12-0022
1. The Site Specific Development Plan and Use by Special Review Permit, USR12-0022, is
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, and is subject to the
Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The unmanned storage lot shall be open 24 hours a day with an electronic keyed access
gate.
4. The proposed use of the property will be outdoor storage including, but not limited to,
small, medium and large pick-up trucks, with or without attached campers, vans, cars,
stand-alone campers, motor homes, containers, boats and trailers. No derelict vehicles,
as defined in Section 23-1-90 of the Weld County Code, shall be stored on the site.
There shall be no storage of industrial and/or commercial vehicles, equipment and
materials and no hazardous material storage allowed on site.
5. Any liquid or solid wastes (as defined in the Solid Waste Disposal Sites and Facilities
Act, Title 30, Article 20, part 1, C.R.S.) shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
6. 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.
7. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
8. Waste materials shall be handled, stored, and disposed or in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
9. 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, Section 30-20-100.5, C.R.S.
10. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
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11. Adequate hand washing, and toilet facilities (portable toilets acceptable) shall be
provided for customers of the facility.
12. Pursuant to Chapter 15, Articles I and II, of the Weld County Code, if 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.
13. The historical flow patterns and runoff amounts will be maintained on the site in such a
manner that it will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to runoff rate and velocity increases,
diversions, concentration, and/or unplanned ponding of storm runoff.
14. Weld County is not responsible for the maintenance of drainage related features.
15. A building permit may be obtained prior to the construction of any new structures.
Currently, the following have been adopted by Weld County: 2006 International Building
Code, 2006 International Mechanical Code, 2006 International Plumbing Code, 2006
International Fuel Gas Code, 2011 National Electrical Code, and Chapter 29 of the Weld
County Code.
16. The applicant shall provide a letter of notification from the Greater Brighton Fire
Protection District prior to any new construction.
17. Effective April 25, 2011, building permits issued on the proposed lot will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
18. Effective April 25, 2011, 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.
19. The screening and landscaping on the site shall be maintained in accordance with the
approved Screening Plan.
20. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
21. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
22. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
23. 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.
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24. 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.
25. 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.
26. 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.
27. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the plat and recognized at all times.
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