HomeMy WebLinkAbout20122558.tiff HEARING CERTIFICATION
DOCKET NO. 2012-44A
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 August 1, 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
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.
El Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal, referral responses and location of the site, and reviewed the surrounding land uses
and outcome of the previous proceedings based on written and public testimony provided in
opposition to the proposal. He also reviewed the various Conditions of Approval and
Development Standards intended to mitigate concerns. Mr. Gathman requested the addition of
a new Development Standard #4 to clarify what is allowed to be stored on the site, which he
reviewed for the record. He displayed the modified site map with a deeper entrance setback
and a conceptual Landscaping/Screening Plan.
. QA PL, P\'-%, !VI" 2012-2558
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HEARING CERTIFICATION - ROBERT L. SELTZER FAMILY TRUST, C/O OUTDOOR
STORAGE, LLC (USR12-0022)
PAGE 2
e Heidi Hansen, Department of Public Works, indicated she has no changes from the last
hearing; however, the larger entrance setback proposed by the applicant will improve
circulation.
e Lauren Light, Department of Public Health and Environment, indicated she has no
changes.
ID Bob Rickard, Rock Creek Surveying, represented the applicant and reviewed the
information presented and the outcome of the neighborhood meeting. He stated the applicant is
willing to shift the site 140 feet to the east, the landscape plan has been refined to include
grasses and coniferous trees along the privacy fence, and water will be obtained from a
commercial source with a pressurized tank on the site to get the landscaping established. He
further stated the applicant has also proposed a modified design with an adequate turn around
area, agreed to the clarifying storage language in Development Standard #4, and proposed a
four-foot square sign in accordance with the Agricultural Zone District. Mr. Rickard concluded
stating they contacted United Power to ensure continued utility service and took input from the
neighbors concerning successfully growing trees in the area.
e In response to Commissioner Rademacher, Mr. Rickard stated the drive areas will be
surfaced with recycled asphalt. Ms. Light stated the Dust Abatement Plan and surface materials
are addressed in Development Standard #5.
e Vicky Knudson, surrounding property owner, stated she appreciated the neighborhood
meeting and larger setback distance; however, she still has concerns with the landscaping,
traffic counts, lack of restroom facilities, and proposed number of sites. Ms. Knudson answered
questions and the Board reviewed her e-mail, marked Exhibit FF.
El Ken Knudson, surrounding property owner, expressed concern with the potential traffic
impacts and proposed the operation be approved in phases and required to provide public water
and sewer.
Steve Neal, surrounding property owner, expressed appreciation for the increased
entrance setback; however, he indicated lingering concerns regarding the screening and
landscaping plan, potential traffic impact, and lack of restrooms and trash removal. There being
no further comments, Chair Conway closed public testimony.
El Chair Conway recessed the meeting until 1:00 p.m. Upon reconvening, Dave Meyer,
Vertex Construction, represented the applicant and addressed the issues raised regarding
relocating the site, providing a turnaround at the entrance, wrap-around fencing, additional
landscaping, and the restrictions on the types of items which may be stored. He also reviewed
the traffic projections and the applicant's willingness to provide portable toilets and bottled
water, if requested by the Board. Mr. Meyer stated the landscaping rendering was prepared
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STORAGE, LLC (USR12-0022)
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prior to the neighborhood meeting; however, he acknowledged the additional discussion has
resulted in a change to their plans to include coniferous trees and a larger setback.
In response to questions from the Board, Mr. Meyer stated the applicant will contract with
a commercial water source to provide establishment watering, and the photo rendering depicted
a six-foot fence. Craig Poulsen, operator, addressed questions from the Board concerning the
projected number of trips, lack of water and sewer provisions, and vicinity to recreational lakes
and campgrounds. Mr. Meyer stated the Conditions removed at the Planning Commission
hearing were at the applicant's request; however, they are willing to have them reinstated to
address any concerns. Mr. Gathman stated a Development Standard could be added to
designate the specific number of storage spaces; however, the applicant will be required to
adhere to the approved Site Plan, which currently shows 750 spaces. Ms. Hansen confirmed
she reviewed the average daily traffic counts and plans for widening the road and has no
concerns. Ms. Light explained the origin of the requirement for water and sewer at this type of
facility. Mr. Gathman reviewed the zoning requirements within the Regional Urbanization Area
(RUA).
Mr. Rickard displayed a PowerPoint presentation, marked Exhibit PP, including
photographs of the area, which he reviewed for the record.
El In response to Chair Conway, Mr. Meyer stated the applicant is agreeable to the proposed
revisions. Mr. Gathman proposed adding a new Condition of Approval #1.A.12 to state, "The
approved Sign Plan."; amending the second sentence of Condition of Approval #1.G to insert
the words "landscaping and"; adding a new Condition #1.1 to state, "The applicant shall submit a
Sign Plan, for review and approval, by the Department of Planning Services."; and adding a new
Condition #1.J to state, "The applicant shall submit a Landscape Irrigation Plan detailing how
landscaping will be irrigated, to the Department of Planning Services, for review and approval."
El Mr. Meyer indicated the applicant is unable to provide a permanent irrigation system;
however, they have no concern with the proposed language or the remaining conditions, and
they are agreeable to reinserting the requirements for bottled water, portable toilets, and trash
service. IL9 Following discussion, it was agreed to reinstate Development Standard #10 to
state, "Adequate hand washing and toilet facilities (one portable toilet acceptable) shall be
provided for customers of the facility."; omit Standards #11 and #12; amend Standard #16 to
change the word "will"to "may"; amend Standard #17 to add the words "and landscaping,"with
clarification that it must be maintained; insert the phrase "a minimum of 140" in Condition of
Approval #1.A.9; and add a new Condition of Approval #1.A.13 to state, "A turn around before
the gate."
IR Commissioner Rademacher requested clarification on the screening plan and stated he
does not support a berm but requested the placement of an eight-foot fence. Mr. Meyer stated
an eight-foot fence is not practical, given the wind loads and the increased setback distance and
the Board agreed, with instruction that the fencing should wrap around the north and south
sides, with an assortment of grasses, shrubs and trees along the western frontage.
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STORAGE, LLC (USR12-0022)
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El Mr. Gathman proposed the landscaping be somewhat consistent with the RUA standards.
Tim Seltzer, applicant, proposed the use of sand cherries, sage, etcetera, to make a nice
screened row, and the Board agreed with the description provided by Mr. Seltzer as direction to
staff when reviewing the Landscape Plan.
E In response to Chair Conway, Mr. Rickard stated he and the applicant have reviewed, and
agree to abide by, the Conditions of Approval and Development Standards, as proposed and
modified.
IR Commissioner Rademacher stated the area is going to continue to experience growth and
CR 19 will get increased traffic, regardless of whether the proposed facility is allowed. He
indicated agreement with requiring a portable toilet and the discussed landscaping varieties,
and stated there is a need for this type of facility to eliminate violations of storage in improper
areas.
El Commissioner Kirkmeyer stated she is struggling with allowing the proposed use in the
Agricultural Zone District, when other similar operations are located within Industrial areas. She
stated it does not appear to be compatible with the existing, or future, development when the
area is slated for a RUA, which is primarily for residential use.
la Commissioner Rademacher stated the increased residential development drives the need
for this type of facility and there are industrial sites in the area; therefore, he feels it is
compatible.
El Commissioner Garcia stated he believes the additional time and discussion has resulted in
a better application and appropriate mitigation. He stated residential development generates
the presence of personal property which must be stored; therefore, he finds the proposed use is
compatible. He stated the applicant has listened to the neighbors and addressed a majority of
the concerns and the site will be well regulated.
Fl Commissioner Long stated he was previously undecided; however, he now supports the
application due to the applicant's willingness to change their financial plan to accommodate an
altered site plan, including fencing, landscaping, a turnaround area, and portable restrooms. He
stated the increased setback diminishes the issue of incompatibility and there is no solid
evidence that the proposal will negatively impact property values. He stated the future RUA will
generate the need for storage options, and he commented there are other activities in the area
which are also impacting the traffic loads.
El Chair Conway thanked the surrounding property owners for participating in the process
and making this a better application with a significant setback, as well as other concessions to
address neighborhood concerns, and he stated he supports the request.
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STORAGE, LLC (USR12-0022)
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El Commissioner Kirkmeyer agreed there have been a lot of concessions; however, she is
still not convinced it will be compatible; therefore, she does not support the application.
Fl Mr. Gathman referenced Development Standard #16 regarding impact fees and proposed
changing the word "may"back to "will"and amending Development Standard #13 to change the
word "will"to "may"concerning building permits, and the Board agreed with the correction. The
Board and the applicant also agreed to include the language proposed as a new Development
Standard #4, as provided in Exhibit K.
El Commissioner Garcia moved to approve the request of 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, based on the recommendations of Planning
staff and the Planning Commission, with the Conditions of Approval and Development
Standards as entered into the record. His motion included amending Condition of Approval
#1.A.9 to replace "75"with "a minimum of 140"; adding a new Condition #1.A.12 to state, "The
approved Sign Plan." adding a new Condition #1.A.13 to state, "A turn around before the gate.";
deleting Condition of Approval #1.C as recommended by the Planning Commission, modifying
the second sentence of Condition #1.G to state, "In addition, the landscaping and screening
provided . . .'; inserting a new Condition #1.1 to state, "The applicant shall submit a Sign Plan,
for review and approval, by the Department of Planning Services."; and adding a new Condition
#1.J to state, "The applicant shall submit a Landscape Irrigation Plan detailing how landscaping
will be irrigated, to the Department of Planning Services, for review and approval." Further, the
motion included deleting Condition #6 consistent with the recommendation of the Planning
Commission, inserting a new Development Standard #4 with language concerning what items
are allowed to be stored, reinstating and amending Standard #10 to state, "Adequate hand
washing and toilet facilities (one portable toilet acceptable) shall be provided for customers of
the facility"; omitting Standards #11 and #12; amending Standard #13 to change the word "will"
to "may"; amending Standard #17 to add the words "and landscaping,"with clarification that it
must be maintained; and renumbering or re-lettering as appropriate. The motion was seconded
by Commissioner Long. Upon a call for the vote, the motion carried four to one, with
Commissioner Kirkmeyer opposed. There being no further discussion, the hearing was
completed at 2:18 p.m.
2012-2558
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HEARING CERTIFICATION - ROBERT L. SELTZER FAMILY TRUST, C/O OUTDOOR
STORAGE, LLC (USR12-0022)
PAGE 6
This Certification was approved on the 6th day of August, 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
, .ems ..__ -�ATTEST: Sean P. C ay, Chair C J
Weld County Clerk to the Board
/� William F. Gar Pr0-Tern
BY: r /A.f/1`*l -m
Deputy Cler to the Board EXCUSED DATE OF APPROVAL
,��� �
ami`► Barbara Kirkmeyer
IA
i 4i, N EXCUSED DATE OF APPROVAL
re�`"'�- '� David E. Long
''iiit
�r. jar. �� c.,y P�G�. �m� ----
N(4, , , .\ Dougla Rademac er
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2012-2558
PL2170
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 1ST DAY OF AUGUST, 2012:
DOCKET #2012-42 - RICHARD AND BETTY ROOS
DOCKET #2012-44 - ROBERT L. SELTZER FAMILY TRUST/ COLORADO OUTDOOR STORAGE, LLC
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 18TH DAY OF JULY, 2012:
DOCKET#2012-41 - C&M RODRIGUEZ SERVICES, INC.
DOCKET#2012-40 - QUANAH CATTLE COMPANY, LLC
DOCKET#2012-44 - ROBERT L. SELTZER FAMILY TRUST/ COLORADO OUTDOOR STORAGE, LLC
DOCKET #2012-45 - KERR-MCGEE GATHERING, LLC
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
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