HomeMy WebLinkAbout20151120.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0008, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS, (MINI-STORAGE AND OUTSIDE RV AND BOAT
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 - DOUGLAS AND DAWN DETIENNE, C/O
WEST GREELEY SELF STORAGE
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 29th day
of April, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Douglas and Dawn DeTienne, do West Greeley Self Storage, 1005
95th Avenue, Greeley, CO 80538, for a Site Specific Development Plan and Use by Special
Review Permit, USR15-0008, for a Use permitted as a Use by Right, Accessory Use, or Use by
Special Review in the Commercial or Industrial Zone Districts (mini-storage and outside RV and
boat 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, on the following described real estate, being more particularly
described as follows:
Subdivision Exemption, SUBX14-0024; being part
of the SE1/4 of Section 12, Township 5 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present and represented by Anne Best
Johnson, Tetra Tech, 1900 South Sunset Street, Suite 1-E, Longmont, CO 80501, 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 applicant 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 applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
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A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.G (A.Goal 7) states: "County land use regulations
should protect the individual property owner's right to request a
land use change, and 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 requesting a Use by Special Review Permit for a mini
self-storage facility and outdoor RV and boat storage. The
construction of the three southeastern most buildings and outdoor
storage of RVs and boats in the southwestern portion of the
property are proposed for the first phase. The outdoor stall
dimensions are proposed to be 12-foot x 40-foot and 12-foot x
30-foot. Subsequent phases will include the full buildout of
approximately 725 mini storage units in 10 buildings for
approximately 76,000-square feet of rentable space. The site will
be screened with a chain link fence and landscaped along 95th
Avenue. The installation of the fencing will occur in phases to
correspond with the installation of the buildings. Customer access
to the site will be controlled by an automated access system
available 24 hours a day / seven (7) days a week. Security lighting
is proposed on the site and is shown on the USR map. The
application indicates there may be up to three (3) employees
located on-site in the future.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.S allows a Site Specific
Development Plan and Use by Special Review Permit for any Use
permitted as a Use By Right, Accessory Use, or Use By Special Review
in the Commercial or Industrial Zone Districts (mini-storage and outside
RV and boat 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.
C. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The adjacent lands
consist of pastures, crops, and rural residences. There are two (2)
residences on the east side of 95th Avenue; the closest residence is
approximately 55 feet east of the east property line. The Promontory
Residential Subdivision is about four-tenths of a mile west of the site and
in the City of Greeley. There two (2) USRs located within one (1) mile of
this parcel. Amended AmUSR-1218 is for storage units and a manager
residence is located south of and adjacent to the site. USR-1041 is for a
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12-inch gas line and is located about one (1) mile south of the site along
the Highway 34 Bypass. The application materials included a letter from
property owner to the south supporting this USR. The Weld County
Department of Planning Services has not received any correspondence
objecting to this USR. The Conditions of Approval and Development
Standards for this proposal will assist in mitigating the impacts of the
facility on the adjacent properties and ensure compatibility with
surrounding land uses.
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 located within the three (3) mile referral area of
the City of Greeley and the Town of Windsor. The Town of Windsor, in
the referral comments dated February 10, 2015, indicated that they have
no concerns. The City of Greeley, in the referral comments dated
March 9, 2015, indicated that this property is part of an enclave which is
qualified for a city-initiated annexation. The City's comments also list the
General Development Standards, Architectural Standards, and
Landscape Standards applicable to this property if it were to be
developed in the City. The applicant met with the City of Greeley on
March 2, 2015, to discuss the City's concerns/comments.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. 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 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 soils designated as
"Prime (Irrigated)," per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The USR will take about eight (8) acres
of Prime (Irrigated) Farmland out of production; however, the property is
too small to farm.
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.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Douglas and Dawn DeTienne, Go West Greeley
Self Storage, for a Site Specific Development Plan and Use by Special Review Permit,
USR15-0008, for a Use permitted as a Use by Right, Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone Districts, (mini-storage and outside RV and boat 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, on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
1. Prior to recording the map:
A. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR15-0008.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) The applicant shall delineate the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) 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.
6) The applicant shall label the approved City of Greeley accesses
on the plat.
7) The applicant shall show and label the approved tracking control
onto publically maintained roadways on the map.
8) The applicant shall show the accepted water quality feature on the
map with volume and label as "Water Quality Feature, No-Build or
Storage Area."
9) The applicant shall show and label the accepted drainage
features, drainage flow arrows, turning radii, and parking and
circulation on the map.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version (.pdf), or one (1) paper copy, of the plat to the Weld County
Department of Planning Services for preliminary approval. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
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County Code. 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 and additional requirements shall be submitted within one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution. The
Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder
by the Department of Planning Services. The applicant 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 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 CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). 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 prior to the start of construction. The applicant
shall contact the Department of Planning Services for application
information.
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 map
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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of April, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO RADO
ATTEST: Cam( sic „� / %� � tiCQ, /.1�
[[// �11� /�/�$$$arbara Kirkmeye , Chair
Weld County Clerk to the Board �
�U n1 lily c ;�12�
^ � n _ Mike Freeman, Pro-Tem
BY. (A.2X-r.�� • • eel �,
ity Clerk to he Boar. \ 2
Sean P. Conway 1
_ J
APPROVED AS TO FOR I !� 1 ECUSED
ulie A. Cozad
y Attorney I_' /
bIlZ ��..�,„., Steve Moreno
Date of signature:
2015-1120
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DOUGLAS AND DAWN DETIENNE
CIO WEST GREELEY SELF STORAGE
USR15-0008
1. A Site Specific Development Plan and Use by Special Review Permit, USR15-0008, is
for any Use Permitted as a Use By Right, Accessory Use, or Use By Special Review in
the Commercial or Industrial Zone Districts (mini-storage and outside RV and boat
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, 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 number of on-site employees shall be commensurate with the number of persons
which the septic system may accommodate in accordance with the requirements of the
Weld County Code, pertaining to On-site Wastewater Treatment System (OWTS)
regulations.
4. The hours of operation are 24 hours a day, seven (7) days a week, as stated by the
applicant.
5. No derelict vehicles, as defined in Section 23-1-90 of the Weld County Code, shall be
stored on the site.
6. No hazardous materials shall be stored on the site.
7. There shall be no storage of industrial and/or commercial vehicles, equipment or
materials allowed on the site.
8. The parking on the site shall be maintained.
9. The landscaping/screening on the site shall be maintained.
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.
11. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
12. The historical flow patterns and runoff amounts will be maintained on the site.
13. Weld County is not responsible for the maintenance of on-site drainage related features.
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14. There shall be no tracking from the site onto publically maintained roads. The applicant
is responsible for mitigation of any off-site tracking and upgrading and/or maintaining
on-site tracking control.
15. There shall be no parking or staging of vehicles on public roads. On-site parking shall
be utilized.
16. 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.
17. 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.
18. 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 applicant shall operate in accordance with the approved Waste Handling
Plan, at all times.
19. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall be operated in accordance with the approved Dust Abatement Plan, at all
times.
20. This facility shall adhere to the maximum permissible noise levels allowed in the
Non-Specified Zone District, as delineated in Section 14-9-30 of the Weld County Code.
21. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. Portable toilets and bottled water are acceptable for
ten (10) or less customers or visitors per day and/or two (2) or less full-time (40 hour
week) employees on-site. 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.
22. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes when the number of customers or visitors per day exceeds ten (10) and/or
there are three (3) or more full-time (40 hour week) employees on-site.
23. Sewage disposal for the facility shall be by septic system when the number of customers
or visitors per day exceeds ten (10) and/or there are three (3) or more full-time (40 hour
week) employees on-site. Any septic system located on the property must comply with
all provisions of the Weld County Code, pertaining to On—Site Wastewater Treatment
Systems.
24. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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25. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. 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.
26. 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 2011 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.
27. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
28. 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.
29. 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.
30. 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.
31. 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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