HomeMy WebLinkAbout20180936.tiffPlanner:
Chris Gathman
Case Number: USR17-0067
Applicant:
Address:
Representative:
Request:
Legal
Description:
Location:
Size of Parcel:
LAND USE APPLICATION
SUMMARY SHEET
Hearing Date: February 20, 2018
Robert L. Seltzer Family Trust, Tim & Jack Seltzer as Trustees
33641 County Road 83, Briggsdale, CO. 80611-7808
Kyle Ritchie - Northern Engineering Services, Inc.
A Site -Specific Development Plan and Use by Special Review Permit for any use
permitted as a Use by Right, an Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (Self -Storage and limited outdoor RV, trailer,
boats and other equipment storage facility) 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 an regulations controlling subdivisions along with a waiver from the sign requirements
in the A (Agricultural) Zone District in the A (Agricultural) Zone District. This proposed
USR also includes a requested waiver from the Weld County Sign Requirements
delineated in Chapter 23 of the Weld County Code to allow one (1) Forty (40) square foot
upward -lit Freestanding (Monument) Sign and One (1) Forty (40) square foot back -lit
building sign.
Lot A of Recorded Exemption RE -4482, Part of the SW4/W2SE4 of Section 34, Ti N,
R67W of the 6th PM, Weld County, Colorado
North of and adjacent to County Road 2 and east of and adjacent to County Road 19.
+/- 34. 93 acres Parcel No. 146934300001
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
Weld County Department of Public Works, referral dated 12/19/2017
Y Weld County Department of Public Works - Engineer, referral dated 12/21/2017
Y Weld County Department of Public Health and Environment, referral dated 12/14/2017
Y Brighton Fire Rescue District, referral dated 12/19/2017
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Y Weld County Zoning Compliance, referral dated 11/21/2017
Y Colorado Department of Transportation, referral dated 12/1/2017
Y Crestone Peak Resources Holdings LLC, referral dated 12/5/2017
Y Colorado Parks and Wildlife, referral dated 11/21/2017
Y Weld County Sheriff's Office, referral dated 12/5/2017
USR17-0067 - ROBERT L SELTZER FAMILY TRUST
Weld County School District RE -8, referral dated 12/5/2017
The Department of Planning Services' staff has not received responses from the following agencies:
V V V V V V
Weld County Department of Building Inspection
City of Brighton
City of Dacono
City of Northglenn
Adams County
West Adams Soil Conservation District
USR17-0067 - ROBERT L SELTZER FAMILY TRUST
Planner:
Chris Gathman
Case Number: USR17-0067
Applicant:
Address:
Representative:
Request:
Legal
Description:
Location:
Size of Parcel:
Case Summary:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Hearing Date: February
20, 2018
Robert L. Seltzer Family Trust, Tim & Jack Seltzer as Trustees
33641 County Road 83, Briggsdale, CO. 80611-7808
Kyle Ritchie - Northern Engineering Services, Inc.
A Site -Specific Development Plan and Use by Special Review Permit for any use permitted
as a Use by Right, an Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (Self -Storage and limited outdoor RV, trailer, boats and other
equipment storage facility) 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 an regulations
controlling subdivisions along with a waiver from the sign requirements in the A (Agricultural)
Zone District in the A (Agricultural) Zone District. This proposed USR also includes a
requested waiver from the Weld County Sign Requirements delineated in Chapter 23 of the
Weld County Code to allow one (1) Forty (40) square foot upward -lit Freestanding
(Monument) Sign and One (1) Forty (40) square foot back -lit building sign.
Lot A of Recorded Exemption RE -4482, Part of the SW4/W2SE4 of Section 34, Ti N, R67W
of the 6th PM, Weld County, Colorado
North of and adjacent to County Road 2 and east of and adjacent to County Road 19.
+/- 34.93 acres Parcel No. 146934300001
The applicant is proposing to develop the eastern 7.8 acres of a 34.9 -acre parcel into a rentable indoor
self -storage space (approximately 697 self -storage units) with a storage area comprising approximately
55 parking spaces to the north for outdoor storage of boats, trailers, recreational vehicles and other
equipment. The majority of the site will be paved in concrete. The northern area will covered in
crushed/recycled asphalt. The self -storage facility will be screened by storage buildings on the perimeter
of the self -storage site. A (6) six-foot decorative aluminum fence is proposed to enclose the outdoor
storage component at the north end of the site. A small buffer strip will be located on the south, west and
east sides of the self -storage facility - the majority of landscaping proposed will be hardscape (river rock,
gravel...) and/or xeriscape to minimize water demand. Up to two (2) full-time employees are proposed.
Water is proposed to be provided by Todd Creek Metropolitan District and an individual septic system.
The applicant is proposing one (1) free-standing monument upward lit monument sign not to exceed Forty
(40) square feet and one (1) Forty (40) square foot back -lit building sign. For Commercial and Industrial
Uses, the Weld County Code allows one -free standing sign up to 160 -square feet and building signs
compromising no more than 8% of the building face. Signs can be internally or externally illuminated in
the Commercial and Industrial Zone Districts and the Agricultural Zone District allows externally lit signs
only. The signs proposed are considerably smaller than the sign size limits in the commercial and
industrial zone districts. Therefore, staff is in support of this request for larger and lit signs.
USR17-0067 - ROBERT L SELTZER FAMILY TRUST
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED 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 Department of Planning Services' staff 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.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 proposing to screen the exterior of the facility with the layout of the self -
storage buildings and screen the outdoor storage component with a six (6) foot
decorative aluminum fence.
Conditions of approval and development standards are attached to address potential
impacts associated with the use. One of these conditions includes an Improvements and
Road Maintenance Agreement is required for off -site improvements at this location. This
agreement will address road maintenance including, but not limited to dust control,
tracking control, damage repair, specified haul routes and future traffic triggers for
improvements will be included.
Section 22-2-20.L5 - A.Policy 9.5, state, "Applications for a change of land use in the
agricultural areas should be reviewed in accordance with all potential impacts to
surrounding properties and referral agencies."
No phone calls or correspondence has been received from adjacent property owners
regarding this case. Referral comments (including referrals from county agencies and the
Brighton Fire Rescue District) are addressed through conditions of approval and
development standards.
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 of the Weld County Code provides for any
use permitted as a Use by Right, an Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (Self -Storage and limited outdoor RV, trailer,
boats and other equipment storage facility) 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 an regulations controlling subdivisions as a Use by Special Review in the
A(Agricultural) Zone District.
Section 23-3-10 - Intent states: "The A (Agricultural) Zone District is also intended to
provide areas for the conduct of uses by Special Review which have been determined to
be more intense or to have a potentially greater impact than uses Allowed by Right."
The proposed use is adjacent to an existing RV storage facility to the north (USR12-
0022). The road impacts and visual impacts associated with the facility are addressed
through conditions of approval and through the proposed layout/design of the facility. An
Improvements and Road Maintenance Agreement is attached as a condition of approval
to address potential impacts to county roads resulting from the additional traffic created
by this facility. Additionally, the applicants are proposing to screen the mini storage facility
USR17-0067 - ROBERT L SELTZER FAMILY TRUST
along the perimeter with proposed buildings and screen the outdoor storage area with a
6 -foot decorative aluminum fence.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
Existing single-family residences are located approximately 150 -feet to the south and
525 -feet to the southeast of the facility (within the boundaries of Adams County). Another
single-family residence is located approximately 1,750 to the northwest. An existing RV
storage facility (approved under USR12-0022) is located to the north of the site.
No phone calls or correspondence has been received from adjacent property owners
regarding this case.
The applicant is proposing to screen the exterior of the facility with the layout of the self -
storage buildings and screen the outdoor storage component with a six (6) foot
decorative aluminum fence.
Conditions of approval and development standards are attached to address potential
impacts associated with the use. One of these conditions includes an Improvements and
Road Maintenance Agreement is required for off -site improvements at this location. This
agreement will address road maintenance including, but not limited to dust control,
tracking control, damage repair, specified haul routes and future traffic triggers for
improvements will be included.
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 not located within a Cooperative Planning Agreement (IGA) boundary of any
municipality.
The site is located within the three (3) mile referral areas of the cities of Brighton, Dacono
and Northglenn. No referral comments have been received from these municipalities.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of
the Weld County Code.
The property is not within the Geologic Hazard Overlay District, a Special Flood Hazard
Area or the Airport Overlay District.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program and 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 proposed facility is located on approximately 34.93 acres delineated as "Other" and
"Irrigated(Prime)" per the 1979 Soil Conservation Service Important Farmlands of Weld
County Map. The majority of the property (with the exception of a northern section of the
property is delineated as "Other". The proposed self -storage and outdoor storage area is
located within the area delineated as "Other".
USR17-0067 - ROBERT L SELTZER FAMILY TRUST
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 Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to recording the plat:
A. The applicant shall address the requirements of the Brighton Fire Rescue District dated
12/19/2017. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services. (Department of Building Inspection)
B. A Final Drainage Report and Certification of Compliance stamped and signed by a
Professional Engineer registered in the State of Colorado is required. (Department of Public
Works)
C. An Improvements and Road Maintenance Agreement is required for off -site improvements
at this location. Road maintenance including, but not limited to dust control, tracking
control, damage repair, specified haul routes and future traffic triggers for improvements
will be included. (Department of Public Works)
D. An updated screening plan shall be submittal for review and approval by the Department of
Planning Services. The outdoor storage area shall be enclosed by a solid metal, wooden or
vinyl (opaque) fence. (Department of Planning Services)
E. The plat shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR17-0067 (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
4. The applicant shall show and label the accepted drainage features and drainage flow
arrows. Water quality features or stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include the calculated
volume. (Department of Public Works)
5. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
6. The applicant shall delineate on the map the trash collection areas. Section
23-3-350.H of the Weld County Code addresses the issue of trash collection areas.
(Department of Planning Services)
7. The map shall delineate the landscaping and/or screening. (Department of Planning
Services)
USR17-0067 - ROBERT L SELTZER FAMILY TRUST
8. The map shall delineate any proposed lighting. Lighting shall adhere to the
requirements delineated in Section 23-2-250.D of the Weld County Code.
(Department of Planning Services)
9. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV,
Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code.
(Department of Planning Services)
10. The map shall delineate the parking area for the vendors, customers and/or
employees. (Department of Planning Services)
11. County Road 2 is a paved road and is designated on the Weld County Functional
Classification Map as an arterial road which requires 140 feet of right-of-way at full
buildout. The applicant shall delineate on the site plan the future and existing right-
of-way. All setbacks shall be measured from the edge of future right-of-way. This
road is not maintained by Weld County. (Department of Public Works)
12. County Road 19 is a paved road and is designated on the Weld County Functional
Classification Map as an arterial road which requires 140 feet of right-of-way at full
buildout. The applicant shall delineate on the site plan the future and existing right-
of-way. All setbacks shall be measured from the edge of future right-of-way. This
road is maintained by Weld County. (Department of Public Works)
13. Show and label the approved access locations, and the appropriate turning radii (60')
on the site plan. The applicant must obtain an access permit in the approved
location(s) prior to construction. (Department of Public Works)
14. Show and label the approved tracking control on the site plan. (Department of Public
Works)
15. Show and label the entrance gate if applicable. An access approach that is gated
shall be designed so that the longest vehicle (including trailers) using the access can
completely clear the traveled way when the gate is closed. In no event, shall the
distance from the gate to the edge of the traveled surface be less than 35 feet.
(Department of Public Works)
16. Show and label all recorded easements on the map by book and page number or
reception number and date on the site plan. (Department of Planning Services)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper
copy 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)
USR17-0067 - ROBERT L SELTZER FAMILY TRUST
4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj)
with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN
StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to
mapsRco.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.
(Department of Public Works)
B. The approved access and tracking control shall be constructed prior to on -site construction.
This site requires a tracking control device and 100 feet of asphalt OR 300 feet of asphalt for
tracking control. (Department of Public Works)
6. 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)
USR17-0067 - ROBERT L SELTZER FAMILY TRUST
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Robert L. Seltzer Family Trust
USR17-0067
1. A Site -Specific Development Plan and Use by Special Review Permit, USR17-0067, for any use
permitted as a Use by Right, an Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (Self -Storage and limited outdoor RV, trailer, boats and other equipment
storage facility) 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 an 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 property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The hours of operation for the office are 8:00 a.m. - 6:00 p.m. Monday - Sunday. Access to the
facility will be available by electronic keypad entry between 6:00 a.m. and 10:00 p.m. Monday -
Sunday. (Department of Planning Services
4. The number of on -site employees shall be 2. (Department of Planning Services)
5. No derelict vehicles, as defined in Section 23-1-90 of the Weld County Code, shall be stored on site.
(Department of Planning Services)
6. All vehicles located within the outdoor storage area must be operational with current license plates
and tags. (Department of Planning Services)
7. There shall be no outside storage of industrial and/or commercial vehicles, equipment of materials.
(Department of Planning Services)
8. No hazardous materials shall be stored on the site. (Department of Planning Services)
9. The parking area on the site shall be maintained. (Department of Planning Services)
10. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
11. The landscaping/screening on the site shall be maintained. (Department of Planning Services)
12. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section
30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
13. 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. (Department of Public Health and Environment)
14. 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 facility
shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of
Public Health and Environment)
15. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with
the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and
Environment)
USR17-0067 - ROBERT L SELTZER FAMILY TRUST
16. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
17. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to Onsite Waste Water Treatment Systems. A permanent, adequate water supply shall be
provided for drinking and sanitary purposes. (Department of Public Health and Environment)
18. RV dump stations shall be connected to an appropriately engineer designed On Site Wastewater
Treatment System which complies with all provisions of the Weld County Code, pertaining to
Individual Sewage Disposal Systems. RV dump stations shall be connected to an appropriately
engineer designed On Site Wastewater Treatment System which complies with all provisions of the
Weld County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health
and Environment)
19. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. For 10 or less customers or visitors per day, and 2 or less full-time employees
on site, portable toilets and bottled water are acceptable. 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)
20. 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)
21. The property owner shall control noxious weeds on the site. (Department of Public Works)
22. The access to the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Department of Public Works)
23. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
24. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works)
25. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
26. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
27. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent
properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent
properties in accordance with the map. 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)
28. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2012 International Codes, 2006 International Energy
Code, and 2014 National Electrical Code. A Building Permit Application must be completed and two
(2) 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 Colorado
registered engineer shall be required or an Open Hole Inspection. (Department of Building Inspection)
USR17-0067 - ROBERT L SELTZER FAMILY TRUST
29. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
30. 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.
31. 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.
32. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
33. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-
compliance of a State issued permit, and of the outcome or disposition of any such compliance
advisory or other notice of non-compliance. (Department of Public Health and Environment)
34. 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. (Department of Public
Health and Environment)
35. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal.
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy; (b) the populous counties of the
state face a critical shortage of such deposits; and (c) such deposits should be extracted according to
a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these
areas must recognize the various impacts associated with this development. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these resources
are protected property rights and mineral owners should be afforded the opportunity to extract the
mineral resource.
36. 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
USR17-0067 - ROBERT L SELTZER FAMILY TRUST
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.
USR17-0067 - ROBERT L SELTZER FAMILY TRUST
January 23, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@weldgov.com
PHONE: (970) 353-6100, Ext. 3537
FAX: (970) 304-6498
RITCHIE KYLE
820 8TH STREET
GREELEY, CO 80631
Subject: USR17-0067 - 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, (Self -Storage and limited outdoor RV and Boat Storage Facility), 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
On parcel(s) of land described as:
PART SW4/W2SE4 SECTION 34, T1 N, R67W LOT A REC EXEMPT RE -4482 OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on February 20, 2018, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on April 4, 2018 at
10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150
O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.org
If you have any questions concerning this matter, please call.
Respectfully,
Chris Gathman
Planner
November 20, 2017
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@weldgov.com
PHONE: (970) 353-6100, Ext. 3537
FAX: (970) 304-6498
RITCHIE KYLE
820 8TH STREET
GREELEY, CO 80631
Subject: USR17-0067 -
On parcel(s) of land described as:
PART SW4/W2SE4 SECTION 34, T1N, R67W LOT A REC EXEMPT RE -4482 OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Departments for their review and comments:
Brighton at Phone Number 303-655-2000
Northglenn at Phone Number 303-450-8709
Dacono at Phone Number 303-833-2317
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
Chris Gathman
Planner
From: Auto_Sender@Accela.com
To: kyle gnorthernengineerinq,com
Subject: Your Application Has Been Deemed Complete
Date: Wednesday, March 21, 2018 9:30:35 AM
Thank you for your Application. We have deemed your application complete and are
continuing to process your application. Please reference Case Number USR17-0067 if you
have any questions about your case.
If you need further assistance, please feel free to contact our office at 970-353-6100 ext 3540.
FIELD CHECK
inspection dates: 2/9/2018 & 3/10/2018
APPLICANT: Robert L. Seltzer Family Trust, Tim & Jack Seltzer as Trustees
CASE #: USR17-0067
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 Use by Special Review in the Commercial or
Industrial Zone Districts (Self -Storage and limited outdoor RV, trailer, boats and other
equipment storage facility) 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 an regulations
controlling subdivisions along with a waiver from the sign requirements in the A (Agricultural)
Zone District in the A (Agricultural) Zone District. This proposed USR also includes a
requested waiver from the Weld County Sign Requirements delineated in Chapter 23 of the
Weld County Code to allow one (1) Forty (40) square foot upward -lit Freestanding
(Monument) Sign and One (1) Forty (40) square foot back -lit building sign.
LEGAL: Lot A of Recorded Exemption RE -4482, Part of the SW4/W2SE4 of Section 34, Ti N,
R67W of the 6th PM, Weld County, Colorado
LOCATION: North of and adjacent to County Road 2 and east of and adjacent to County Road 19.
PARCEL ID #s: 1469-34-3-00-001
ACRES:
+/- 34.93 acres
Zoning
Land Use
N
A
N
RV storage Facility (USR12-0022)
E
A
E
Open land (oil and gas production)
S
A
S
Cropland (2 SF residences)
W
A
W
Outbuilding/SF residence
COMMENTS:
Undeveloped Parcel. Oil and Gas production facility located to north of proposed facility.
Chris Gathman - Planner III
Hello