HomeMy WebLinkAbout20180934.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR17-0067, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (SELF-STORAGEFACILITY), 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, CIO GALLACHER DEVELOPMENT, 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 4th day of
April, 2018, 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, 33641 CR 83, Briggsdale, CO 80611-7808, c/o
Gallacher Development, LLC, 10465 Park Meadows Drive, Suite 107, Lone Tree, CO 80124, for
a Site Specific Development Plan and Use by Special Review Permit, USR17-0067, for any Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (self -storage facility), 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 A of Recorded Exemption, RE -4482; being part
of the SW1/4, W1/2 SE1/4 of Section 34, Township
1 North, Range 67 West of the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing, the applicants were present, 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 applicants 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:
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 applicants have
shown compliance with Section 23-2-230.6 of the Weld County Code as follows:
A. Section 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
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SPECIAL REVIEW PERMIT (USR17-0067) - ROBERT L. SELTZER FAMILY TRUST, C/O
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1) 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 applicants are proposing to screen
the exterior of the facility with the layout of the self -storage
buildings. 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 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.
2) Section 22-2-20.1.5 (A.Policy 9.5) state: "Applications fora change
of land use in the agricultural areas should be reviewed in
accordance with all potential impacts to surrounding properties and
referral agencies." Referral comments (including referrals from
County agencies and the Brighton Fire Rescue District) are
addressed through Conditions of Approval and Development
Standards.
B. Section 23-2-230.6.2 -- 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
(self -storage facility) 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 an regulations controlling subdivisions as a Use by Special Review in
the A (Agricultural) Zone District.
1) 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 along the perimeter with proposed buildings.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. Existing single-family residences
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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 feet to the
northwest. An existing RV storage facility (approved under USR12-0022)
is located to the north of the site. The applicants are proposing to screen
the exterior of the facility with the layout of the self -storage buildings.
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 that 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.
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 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 23-2-230.B.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, County
Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 -- The applicants have 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 is located
within the area delineated as "Other".
G. Section 23-2-230.B.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 can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County. The
applicants requested waiver from the Weld County sign requirements
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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. The Board agrees to grant a waiver
of said sign requirements and allow the requested signage, which shall be
turned off at 9:00 p.m., as further addressed in the Conditions of Approval
and Development Standards.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Robert L. Seltzer Family Trust, do Gallacher
Development, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR17-0067, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone Districts (self -storage facility), 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 applicants shall address the referral requirements of the Brighton Fire
Rescue District dated December 19, 2017. Evidence of such shall be
submitted, in writing, to the Weld County Department of Planning Services.
B. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado is
required.
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.
D. An updated Screening Plan shall be submitted for review and approval by
the Department of Planning Services.
E. The applicants shall submit proof that the Todd Creek Metropolitan District
will provide water service to the facility.
F. The plat shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0067.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
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4) The applicants 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.
5) The outdoor storage shall be removed.
6) The applicants 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.
7) The map shall delineate the landscaping and/or screening, in
accordance with the approved Landscaping/Screening Plan.
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.
9) The facility shall be allowed one (1) forty (40) square foot upward -lit
freestanding (Monument) sign and one (1) forty (40) square foot
back -lit building sign, to be turned off at 9:00 p.m. All other signs
shall adhere to Chapter 23, Article IV, Division 2 and Appendices
23-C, 23-D and 23-E of the Weld County Code. All signs shall be
shown on the map.
10) The map shall delineate the parking area for the vendors,
customers and/or employees.
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 applicants 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.
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 applicants 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.
13) Show and label the approved access locations, and the appropriate
turning radii (60') on the site plan. The applicants must obtain an
Access Permit in the approved location(s) prior to construction.
14) Show and label the approved tracking control on the site plan.
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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.
16) Show and label all recorded easements on the map by book and
page number or reception number and date on the site plan.
2. Upon completion of Condition of Approval #1 above, the applicants 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 applicants 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 applicants 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 twenty (120)
days from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance charge shall be added for each additional three (3) month
period.
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 maps@co.weld.co.us.
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
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.
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
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SPECIAL REVIEW PERMIT (USR17-0067) - ROBERT L. SELTZER FAMILY TRUST, C/O
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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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 4th day of April, A.D., 2018.
ATTEST: datic4/O Xi''‘,k,
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board � c (/ (AYE)
Sean P. Conway
BOARD OF COUNTY COMMISSIONERS
WELD;COUNTY, COLORADO
Stev- Moreno, Chair
(AYE)
(NAY)
APPROD AST
ounty ttorney
Date of signature: pH i n / 15;-
CUSED
e A. Cozad
01-e.Q — (AYE)
ike Freeman
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ROBERT L. SELTZER FAMILY TRUST,
C/O GALLACHER DEVELOPMENT, LLC
USR17-0067
1. The Site Specific Development Plan and Use by Special Review Permit, USR17-0067, is
for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (self -storage facility), 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,
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 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.
4. The number of on -site employees shall be two (2).
5. No hazardous materials shall be stored on the site.
6. The parking area on the site shall be maintained.
7. The facility shall be allowed one (1) forty (40) square foot upward lit freestanding
(Monument) sign and one (1) forty (40) square foot back -lit building sign, to be turned off
at 9:00 p.m. All other signs shall adhere to Chapter 23, Article IV, Division 2 and
Appendices 23-C, 23-D and 23-E of the Weld County Code.
8. The landscaping/screening on the site shall be maintained in accordance with the
approved Landscaping/Screening Plan.
9. 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.
10. 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.
11. Waste materials shall be handled, stored, and disposed of 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 I, of the Weld
County Code.
12. 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.
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13. This facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone District, as delineated in Section 25-12-103, C.R.S.
14. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Waste Water Treatment Systems. A permanent,
adequate water supply shall be provided for drinking and sanitary purposes.
15. No outdoor storage is allowed.
16. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. For ten (10) or less customers or visitors per day, and
two (2) or less full-time employees on the 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.
17. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
18. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
19. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
20. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
21. 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.
22. The historical flow patterns and runoff amounts on the site will be maintained.
23. Weld County is not responsible for the maintenance of on -site drainage related features.
24. 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.
25. 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 2017 National Electrical Code. A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing the
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DEVELOPMENT STANDARDS (USR17-0067) - ROBERT L. SELTZER FAMILY TRUST, C/O
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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.
26. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
27. 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.
28. 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.
29. The facility shall notify the County of any revocation and/or suspension of any State issued
permit.
30. The property owner or operator 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.
31. 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.
32. 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 persons moving into these areas
must recognize the various impacts associated with this development. Oftentimes, 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.
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33. 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 map and recognized at all times.
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