HomeMy WebLinkAbout20180947.tiffHEARING CERTIFICATION
DOCKET NO. 2018-21
RE: 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 AND LIMITED OUTDOOR RV, TRAILER, BOAT AND
OTHER EQUIPMENT 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 - ROBERT L. SELTZER
FAMILY TRUST, C/O GALLACHER DEVELOPMENT, LLC
A public hearing was conducted on April 4, 2018, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair
Commissioner Barbara Kirkmeyer, Pro -Tern
Commissioner Sean P. Conway
Commissioner Julie A. Cozad - EXCUSED
Commissioner Mike Freeman
Also present:
Clerk to the Board, Esther Gesick
Acting Clerk to the Board, Chloe Rempel
Assistant County Attorney, Bob Choate
Planning Services Department representative, Chris Gathman
Public Works Department representative, Evan Pinkham
Public Works Engineer representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
El I hereby certify that pursuant to a notice dated February 26, 2018, and duly published
March 1, 2018, in the Greeley Tribune, a public hearing was conducted to consider the request
of the 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 and limited outdoor RV, trailer, boat and other equipment 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. Bob Choate, Assistant County Attorney, made this a matter of record.
Chair Moreno advised co -applicants and brothers, Kelly and Kevin Gallacher, that there are
four Commissioners present, and in the case of a tie vote, Commissioner Cozad will listen to the
audio and make the determining vote.
IR Chris Gathman, Department of Planning Services, presented a brief summary of the proposal
and stated the application proposes 697 self -storage units at full buildout, in addition to outdoor
cc. =PLCCc /mr,), PWCEP(HB), £HCL(.), CTGCTS)
5/I
2018-0947
PL2531
HEARING CERTIFICATION - ROBERT L. SELTZER FAMILY TRUST, C/O GALLACHER
DEVELOPMENT, LLC, (USR17-0067)
PAGE 2
parking for boats, RVs and other equipment situated north of the indoor storage structures. He
explained the site would be paved in concrete, with the northern area surfaced with
crushed/recycled asphalt, and the parking area would be screened by the storage buildings,
enclosed with a decorative aluminum fence, and landscaped on three sides. He stated the
applicants are proposing two (2) full-time employees, water would be supplied by the adjacent
Todd Creek Metropolitan District and a septic system would be installed. He noted the request
for a waiver from the sign standard, and reviewed the site location as approximately 2,500 feet
east of the WW, LLC, property. Mr. Gathman stated staff received three (3) calls expressing
concerns with the location, incompatibility with surrounding uses, and increased traffic hazards
on County Road (CR) 2. He stated these concerns have been addressed in the Conditions of
Approval (COA) and Development Standards (DS) and the applicant's proposal of a solid fence
for screening. He further stated the site is not located within a Coordinated Planning Agreement
(CPA) boundary; however, it is within the three (3) mile referral area of the Cities of Brighton,
Dacono, and Northglenn, although no referral responses were received. Mr. Gathman reviewed
the unanimous approval by the Planning Commission, with one vote abstained, and he displayed
photos of the site and surrounding area, with Adams County across CR 2 to the south.
Evan Pinkham, Department of Public Works representative, provided a brief overview of the
transportation plans and requirements. He stated the site would be accessed from CR 2, which
is a paved arterial, maintained by Adams County, with an average daily traffic (ADT) count of
3,121 vehicles and 14% trucks. To the west is CR 19, which is a paved arterial with an ADT of
640 vehicles and 21% trucks. He stated the Traffic Study trip generation models estimate the site
will generate 122 daily round trips, which does not warrant auxiliary turn lanes; however, staff is
requiring tracking control and an Improvements Agreement with triggers for improvements in the
event the traffic generated is higher than anticipated. In response to Commissioner Moreno,
Mr. Pinkham estimated the peak hour to be between 4:00 and 5:00 p.m.
Hayley Balzano, Public Works Engineer representative, presented the drainage and grading
requirements. She stated a Preliminary Drainage report has been submitted, although staff will
still require a Final Drainage Study. Lastly, she stated COA #1.E.5 is a duplicate of #1.E.10 and
can be deleted.
Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions. She stated the Todd Creek Metropolitan District provided a "Will Serve" letter for water
service, a commercial -grade septic system will be installed for the office, portable toilets are
acceptable for the outside storage area, and DS #12-21 address typical Environmental Health
items.
Kelly Gallacher, co -applicant, reviewed the company's extensive background and discussed
the analytics for the Brighton area. He displayed photo renderings of the proposed facility and
explained the proposal will not generate a lot of traffic, based on experience from 120 other
projects. He stated there are no other similar uses within three (3) miles and reviewed the average
demographics of their anticipated customers. Mr. Gallacher confirmed the storage units will not
have electrical service, therefore, tenants cannot operate side -businesses from the site, the office
hours will be 8:00 a.m. to 6:00 p.m., they plan to close and secure the facility at 10:00 p.m., and
2018-0947
PL2531
HEARING CERTIFICATION - ROBERT L. SELTZER FAMILY TRUST, C/O GALLAGHER
DEVELOPMENT, LLC, (USR17-0067)
PAGE 3
there will be no staff living on -site. He commended County staff for assisting them through the
application process.
• Kevin Gallacher, co -applicant, added the entrance to the facility is approximately one -quarter
mile east from CR 19 on CR 2, and the use for the remaining area of the 34 -acre site is still
undetermined at this time.
• Kelly Gallacher continued by stating they reviewed various other sites and are proposing
similar landscaping. They conducted two (2) neighborhood meetings, with several in attendance,
as well as going door-to-door with no response. Responding to Commissioner Conway,
Mr. Gallacher confirmed the facility will be secured between 10:00 p.m. and 6:00 a.m., and the
code box will not open the gate during that time. In response to Commissioner Kirkmeyer, he
stated although the property is not within the Todd Creek Metro District, they have committed to
pay to extend the line across the road for water service.
• Bill Wycoff, surrounding property owner (SPO), stated there is no commercial development
in the immediate area, so the proposed facility would be a significant change. He stated his
primary concern is increased traffic hazards, noting the traffic count is not recent and does not
reflect recent growth trends in the area. If approved, he recommended requiring
acceleration/deceleration turn lanes to enhance safety on CR 2. In response to Chair Moreno,
Mr. Wycoff indicated he lives approximately 1.5 miles northwest of the subject site.
Sheila Morelli, SPO, expressed her opposition to the proposed use and agreed with the
previous comments concerning limited planning for commercial development in the area. She
referenced a nearby property, owned by the applicant (Seltzer), which is in violation of their USR,
and she is concerned something similar could happen at this site. She stated traffic congestion
is already significant in the area and people do not abide by traffic laws. In response to
Chair Moreno, Ms. Morelli stated she was unable to attend the public meetings due to travel plans
and illness.
• Karl Wiscombe, co-owner of the nearby WW, LLC, property, expressed his support of the
application as an enhanced use of the site, which is not suitable for agriculture. He stated the
proposal will also increase property values in the area. He disagreed and asserted there is
commercial and/or industrial development in close proximity. In response to Commissioner
Kirkmeyer, Mr. Choate clarified the application of WW, LLC, for a USR was considered and denied
last fall.
Ralph Walker, co-owner of the nearby WW, LLC, property, clarified the subject site is within
the Todd Creek Metro District and they have agreed to provide culinary and water service once
the pipeline is extended. He stated the site is accessed from CR 2, which is a paved arterial
between Brighton and 1-25 and serves as a natural route for future commercial development. He
agreed the site is not well suited for agricultural purposes because it has no water, and extending
the water line will continue to enhance the value of other properties in the area.
2018-0947
PL2531
HEARING CERTIFICATION - ROBERT L. SELTZER FAMILY TRUST, 0/O GALLACHER
DEVELOPMENT, LLC, (USR17-0067)
PAGE 4
• In response to the issues raised by public input, Kelly Gallacher stated they have no financial
interest or control over the other Seltzer facility, the Traffic Study indicated the traffic generated
by the site will be minimal, and they cannot control driving habits of the general traffic on CR 2.
Kevin Gallacher added the proposal is considered light industrial from a real estate perspective,
and future growth may impact future traffic controls to enhance the safety in the area. Kelly
Gallacher continued by stating they avoided the use of trees as they developed the site layout,
which could potentially block the signage and views of drivers at the access.
• In response to Chair Moreno, Kelly Gallacher indicated they have reviewed, and have no
concerns with, the Conditions of Approval and Development Standards, as proposed.
El Commissioner Kirkmeyer stated she does not support the application for the following
reasons: the applicant has not demonstrated compliance with the Weld County Code or
Comprehensive Plan, the proposed commercial/light industrial use is not consistent with the intent
of the A (Agricultural) Zone District, it is not compatible with the existing surrounding land uses
(primarily rural residential and surrounded by a RUA — Regional Urbanization Area) or planned
zoning for the area.
• Commissioner Freeman stated he is struggling with this proposal because the indoor
self -storage is different than just outdoor RV/boat storage; however, they are proposing better
landscaping and the buildings will have less of a visual impact than regular outdoor RV storage.
• Commissioner Conway stated the applicant has done a very good job preparing this
application for indoor storage, they have addressed public comments, the anticipated traffic does
not meet warrants for improvements, and the surrounding residential uses will likely take
advantage of the proposed use, therefore, he supports the application and is willing to include
mitigation measures.
▪ Chair Moreno expressed his appreciation to the public for providing input. He stated this
application is different from the previous application in that general area that was primarily focused
on outdoor storage; furthermore, they will have limited hours of operation, and it will not generate
large amounts of traffic.
ej Commissioner Kirkmeyer reminded the Board that there is outdoor storage associated with
this application and she inquired whether they would be willing to eliminate that component of the
proposed use. Commissioner Freeman agreed that he would, but that he believes indoor storage
makes sense for the area. Kelly Gallacher commented they did inspect the site on Highway 119
to compare features and he asked if the Board would support the outdoor storage if they
constructed an aesthetically pleasing, eight (8) to ten (10) -foot solid fence. He also reiterated that
the storage area would be situated north of the buildings and would not be visible from CR 2. He
further stated they would be willing to eliminate any commercial vehicles and limit the area to RVs
and boats only. In response to Commissioner Kirkmeyer, Mr. Gallacher clarified the Seltzer Trust
does have a current zoning violation on their other facility and that they are a joint owner of this
subject property. In response to Commissioner Conway, Mr. Choate stated the reference to
another pending violation case is appropriate if it is being used to determine the applicant's ability
2018-0947
PL2531
HEARING CERTIFICATION - ROBERT L. SELTZER FAMILY TRUST, C/O GALLACHER
DEVELOPMENT, LLC, (USR17-0067)
PAGE 5
to adhere to the conditions and stipulations of this case. Mr. Gallacher further stated the Seltzer
Trust is an investor; however, they will have no managerial or operating responsibilities with the
current application, which satisfied Commissioner Kirkmeyer's concern on the matter.
Based on the previous discussion, Commissioner Freeman stated he is supportive of the
indoor self -storage component; however, there are a number of other outdoor RV/boat storage
facilities in the area and he is unsure of the saturation factor in the area.
• Commissioner Kirkmeyer proposed the addition of a Condition requiring evidence of water
service for the site. She stated because all references to outdoor storage are being deleted, then
the second sentence of COA #1.D can be deleted since the fencing will no longer be necessary.
With regard to the applicant's request for a waiver of the sign standards, Commissioner Kirkmeyer
stated she would support the larger sign; however, she is concerned with the lit -up component
which may hinder traffic along the roadway and impact nearby neighbors. Following discussion,
it was agreed that the signage lighting will be turned off at closing. Commissioner Kirkmeyer
commented there is an Improvements Agreement that addresses the need for improvements if
certain triggers are met. Next, she addressed the hours of operation in DS #3 and the Board
agreed to leave the hours 6:00 a.m. to 10:00 p.m., with the compromise that the lit signage be
turned off at 9:00 p.m. (referenced in DS #9, COA #1.E.9, and the Findings). The Board also
agreed to modify DS #16 to require adherence to the Residential noise standards, which were
reviewed by staff, for the applicant's information. DS #18 was deleted relating to outdoor storage,
but was replaced to state: "No outdoor storage is allowed." Mr. Gathman also suggested deleting
DS #5, 6, and 7 relating to outdoor storage and the Board agreed.
• Mr. Choate further recommended the removal of all references to outdoor storage in DS #1,
and anywhere else throughout the Resolution; the Board agreed. Additionally, Commissioner
Kirkmeyer also added a new COA #1.E.5 to state: "The outdoor storage shall be removed." In
response to Commissioner Kirkmeyer's earlier request, staff proposed a new COA #1.E to state:
"The applicant shall submit proof that the Todd Creek Metropolitan District will provide water
service to the facility.", which has been satisfied by the 'Will Serve' letter.
• In response to Chair Moreno, Mr. Gallacher stated they have reviewed, and agree to abide
by, the Conditions of Approval and Development Standards, as amended.
El Commissioner Conway moved to approve the request of the Robert L. Seltzer Family Trust,
c/o 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, based on the recommendations of Planning staff and the Planning Commission, with the
Conditions of Approval and Development Standards as entered into the record. The motion was
seconded by Commissioner Freeman. 0 Commissioner Conway stated he believes the
application is in compliance with the applicable criteria of Section 23-2-230.B of the Weld County
Code, as reflected in the Resolution. 0 Commissioner Kirkmeyer stated she appreciates the
2018-0947
PL2531
HEARING CERTIFICATION - ROBERT L. SELTZER FAMILY TRUST, C/O GALLACHER
DEVELOPMENT, LLC, (USR17-0067)
PAGE 6
mitigation efforts of the Board; however, she will be voting against the application because she
does not believe the applicant has met the burden of proof to address the necessary criteria. She
stated it is not consistent with the Comprehensive Plan, specifically A.Goal 1 with respect and
continuation of Agricultural land uses; A.Goal 2 for the commitment to viable agriculture in Weld
County; or A.Policy 2.2 because the proposed use is not related to, or dependent upon,
agriculture. Additionally, she cited UD.Goal 1, (.Goal 6, and C.Goals 1, 2 and 5 and indicated the
property is not located within a Regional Urbanization Area (RUA), Intergovernmental Agreement
area (IGA) or Urban Development Node. Lastly, she found that the proposed use has not
demonstrated compatibility with existing rural residential nature of the area, nor is the area
planned for commercial or industrial uses.
El Commissioner Conway thanked the area residents for providing input, which assisted the
Board in mitigating concerns, as well as the applicants for their willingness to accommodate the
revisions. Commissioner Freeman agreed and stated he believes the proposed use will be
beneficial to the area and likely used by many of the residents for their storage needs. Upon a
roll call vote, the motion carried three to one, with Commissioner Kirkmeyer opposed. There
being no further discussion, the hearing was completed at 12:30 p.m.
This Certification was approved on the 9th day of April, 2018.
ATTEST:
Weld County Clerk to the Board
BY:(
Deputy Clerk to the Board
APPROVFD AST. ARM: i
ounty A torney
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
/71 -
'LC - y C4.- C3 -1 C
Steve Moreno, Chair
arbara Kirkmeyer,
an P. Conway
USED
A. Cozad
ike Freeman
Date of signature: CY-1 /1O1/1S'
2018-0947
PL2531
ATTENDANCE LIST
NAME
-
PLEASE
PRINT
LEGIBLY
ADDRESS,
CITY,
ST,
ZIP
- °A-
EMAIL
COUNTY
RESIDENCE?
OF
SPEAKING?
(Y
I
N)
!l� ,
\-t IN G�r �
�v
LLLA�i%
1T�
t
�7D"•�� .�]�171
G✓,/� G
�
c--
�
4�G Oat ceinyi
tin AIL .
Jc,
PJfii' _
c4LC
&ALQ
`7 Jl m 04 asecitritd e9j c7&ii
0 ¶c*c1�o7Z �'-L
i,a,/
3)e,pinc‘0te
Gni/
Oa
5g\-
w 0-Thlr 4?5\--. etc etk 3 , /W4
actinecaq
kin/
I law
'i Ii/ GOycofP
1
333 CZJ% Zee, hi-Okkgi
9-tAol,eom
wcoycoabn
MefUnt&
Vo leliiefil
ivii • coiM
820 cip-th
Si--. erettty S0634
YV1dQ,Vl
1tG°'
2�y.+'Y►evl,
aec',r
10405
Pax
- K._ Mecjciovac
Dr1t!07
Jsrt,tT1u,
p
mR-+N--1'
• COP
jCrlstf
h UDY)
S .
COu1KYistniCtllotOhcvvIevtla
Kevtvi
bc1flcichur
tN 'd
&cillcichev-
a
jj,4
Ahyr
cl----rry\
3'661
/ c(cLA (nr)% t
-C6V
”el 6---) C-cttu
vvin
C7 ,
,
3U�0 (r1n
4e¼1€,1�J1YWkJ
t1AWn424p7)j.COVyi'�c�
Psak BocjX\4n(tCc
sl\�1
�c� �
�?
K�
�, «n
��0.�
N'Ai
VOL
RS n
U I I
1(
l 0 okO
�D5 etiv‘
VT�n
r%rn�rP60e14)0.,
(:
�r� m��
weir/60e14)0.,
IN\orth,
- ig,
too tr coati* E'-yct-t (q -L <i'
'd `e__ f J v .4eUi,
3.,,,,,li,c6,,,
6\ kivk
L . c o IPA
ICJ
gc gle---eg
nt (--V a4 ≤Lv % 7�'
sans
}/
idiSpewir
(cfl( (1 g 2 e7I4Valj--
i
**Ie'n..��
bg(erYt.‘-
1)"14(1a s
AS
ti
Hello