HomeMy WebLinkAbout20232232.tiffHEARING CERTIFICATION
DOCKET NO. 2023-45
RE: CHANGE OF ZONE, COZ23-0002, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT -
ROBERT L. SELTZER FAMILY TRUST, C/O JACK SELTZER, TRUSTEE,
C/O BRIGHTON OUTDOOR STORAGE
A public hearing was conducted on August 9, 2023, at 10:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Perry L. Buck, Pro-Tem
Commissioner Scott K. James
Commissioner Kevin D. Ross
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jess Reid
Assistant County Attorney, Karin McDougal
Department of Planning Services representative, Maxwell Nader
Department of Public Health and Environment representative, Lauren Light
The following business was transacted:
El I hereby certify that pursuant to a notice dated June 19, 2023, and duly published June 21,
2023, in the Greeley Tribune, a public hearing was conducted to consider the request of
Robert L. Seltzer Family Trust, c/o Jack Seltzer, Trustee, c/o Brighton Outdoor Storage, for
Change of Zone, COZ23-0002, from the A (Agricultural) Zone District to the C-3 (Business
Commercial) Zone District. Karin McDougal, Assistant County Attorney, made this a matter of
record.
Maxwell Nader, Department of Planning Services, presented a brief summary of the proposal,
provided the general location of the site, and indicated 17 referrals were sent out and 11 agencies
responded. He stated the proposed site is 34.9 acres in size, with 15 acres being an existing
RV storage facility, permitted under USR12-0022, and noted the site meets the criteria of Weld
County Code Section 22-2-40.A, Opportunity Zones. He described the surrounding zoning and
USRs, and mentioned the site is within the three (3) mile referral area of the Cities of Northglenn,
Dacono and Brighton, as well as Adams County. He stated notice was sent to six (6) surrounding
property owners (SPOs), two (2) of whom sent letters of support. He shared, per the Development
Review staff, there is a permitted commercial access onto County Road (CR) 19; however, the
actual access was not constructed at the permitted access point, therefore, the applicant must
apply for an access permit for the location of the constructed access. Mr. Nader entered the
favorable recommendation of the Planning Commission into the record as written and displayed
images of the site and surrounding views. In response to Commissioner Ross, Melissa King,
Development Review, showed on the displayed map where the access was permitted, versus
where it was built, and reiterated Development Review will allow the applicant to apply for an
Access Permit where the existing access is constructed, as it has been in use for 20 years.
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oval 123
2023-2232
PL2880
HEARING CERTIFICATION - ROBERT L. SELTZER FAMILY TRUST, C/O JACK SELTZER,
TRUSTEE, C/O BRIGHTON OUTDOOR STORAGE (COZ23-0002)
PAGE 2
El Lauren Light, Department of Public Health and Environment, stated the Todd Creek Village
Metropolitan District provides water to the site and indicated the Site Plan Review process will
determine if septic is needed or if portable toilets are acceptable, based on the use.
Bob Choate, Coan, Payton and Payne, LLC, represented the applicant and stated the
existing facility on the proposed Change of Zone site has been there for over ten (10) years,
attested to the well -kept condition of the facility and indicated it is setback from CR 19, to minimize
impact. He asserted the site is ideal for a Change of Zone to C-3 (Business Commercial), as it is
in an Opportunity Zone, and mentioned there is a great need for these types of facilities. He stated
there is no indication of opposition and no impact to SPOs, as the applicant/family trust owns the
surrounding properties.
No public testimony was offered concerning this matter.
El The Board discussed the Conditions of Approval and made no changes.
IR In response to Chair Freeman, Mr. Choate indicated he had, on behalf of the applicant,
reviewed, and agreed to abide by, the Conditions of Approval, as presented.
Commissioner James moved to approve the request of Robert L. Seltzer Family Trust,
c/o Jack Seltzer, Trustee, c/o Brighton Outdoor Storage, for Change of Zone, COZ23-0002, from
the A (Agricultural) Zone District to the C-3 (Business Commercial) Zone District, based on the
recommendations of Planning staff and the Planning Commission, with the Conditions of
Approval, as presented. The motion was seconded by Commissioner Ross, and it carried
unanimously. There being no further discussion, the hearing was completed at 11:06 a.m.
This Certification was approved on the 23rd day of August, 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:d4titi,,
Weld County Clerk to the Board
BYC Of f • OCIA-Oft-k---
Deputy Clerk to the Board
an, Chair
Perry . Bu k, Pro-Tem
on Saine
2023-2232
PL2880
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