HomeMy WebLinkAbout20241444.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR24-0007, FOR A CAMPGROUND (UP TO THREE [3] SPACES FOR TINY
HOMES/RVS) OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE
A (AGRICULTURAL) ZONE DISTRICT - TIRIEL AND BRENDA BASSETT
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 12th day of
June, 2024, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Tiriel and Brenda Bassett, 13141 County Road 21, Platteville, Colorado 80651,
for a Site Specific Development Plan and Use by Special Review Permit, USR24-0007, for a
Campground (up to three [3] spaces for tiny homes/RVs) outside of subdivisions and historic
townsites in the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
Lots A and B of Recorded Exemption, RE -2096;
being part of the SE1/4 of Section 27,
Township 3 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 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. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
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 22-2-30.C states: "Harmonize development with
surrounding land uses." There is a residence approximately
110 feet north of the subject site and approximately 200 feet north
of the first camping site. There are mature trees screening the
camping sites along the north and east. The camping sites will not
be visible from the road or from the closest surrounding property
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owner (SPO). One (1) exterior light pole is on the site and no
additional exterior lighting is proposed.
2) Section 22-2-30.C.1 states: "Transition between land use types and
intensities with buffers. Uses that are incompatible with existing
uses must be able to mitigate conflicts." Existing, mature
landscaping adequately screens the site, and no significant lighting
is proposed. The limited number of campers, no more than six (6)
people, and the existing screening will reduce the impacts on the
adjacent residences and properties.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states: "Agriculture in the County is
considered a valuable resource, which must be protected from
adverse impacts resulting from uncontrolled and undirected
business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as
an essential feature of the County. The A (Agricultural) Zone District
is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production, and
for areas for natural resource extraction and energy development,
without the interference of other, incompatible land uses."
2) Section 23-3-40.B lists campgrounds as a Use by Special Review
outside of subdivisions and historic townsites in the A (Agricultural)
Zone District. This Code Section allows for a commercial
campground in the A (Agricultural) Zone District. The commercial
campground does not interfere with agricultural activities or other
Use by Right activities.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent properties are zoned
A (Agricultural) and consist of pastures, crops, and rural residences. All the
surrounding properties have residences located on them and the closest
residence is approximately 110 feet north of the site.
There are four (4) USRs within one (1) mile of the site: USR-1063 for
a 24 -inch natural gas line, USR-1513 for a recreational facility,
USR14-0042 for a high-pressure gas line, and 1 MUSR17-14-0019 for a
mineral resource development facility.
The Weld County Department of Planning Services sent notice to four (4)
SPOs and no written correspondence or telephone calls were received.
The proposed use is in an area that can support this development and the
existing screening, Conditions of Approval, and Development Standards
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will assist in mitigating the impacts of the facility on the adjacent properties
and ensure compatibility with surrounding land uses and the region.
D. Section 23-2-230.6.4 — 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 Coordinated Planning Agreement (CPA) area
for the City of Fort Lupton and the Towns of Firestone, Mead, and
Platteville. As part of the pre -application process the municipalities were
sent a Notice of Inquiry (NOI). The Towns of Platteville, Firestone, and
Mead, as well as the City of Fort Lupton, submitted signed NOI forms, dated
November 9, 2023, November 13, 2023, November 21, 2023, and
November 10, 2023, respectively, which stated they have no interest in
annexing this property.
The site is located within the Urban Growth Boundary and the Three Mile
Area Boundary for the Town of Platteville. The land use classification on
Platteville's Three Mile Area Plan, dated December 2021, is Agricultural
Holding, which, according to the 2017 Town of Platteville's Comprehensive
Plan is intended to encourage the sustainability of the regional agricultural
and energy economy, discourage leapfrog development, and ensure that
land develops in a systematic and cost conscious manner.
Additionally, the site is located within the Town of Firestone's Urban Growth
Boundary and is depicted on the Town's Master Plan Map with a land
designation of Residential Low Density, which, according to the 2013 Town
of Firestone Master Plan are areas generally located in the central and
eastern portions of the Master Plan Area. Residential Low provides for only
single-family residential land uses or clustered multi -family land uses.
The site is not located within the Urban Growth Boundaries of the Town of
Mead or the City of Fort Lupton. The site is located within the three (3) mile
referral areas of the City of Fort Lupton and the Towns of Firestone, Mead,
and Platteville. The Town of Firestone and the City of Fort Lupton both
submitted referral responses dated February 6, 2024, stating they have no
comments. The Towns of Mead and Platteville did not return referral
responses.
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 located
within any overlay district officially adopted by the County, including A -P
(Airport) Overlay District, 1-25 Overlay District, Geologic Hazard Overlay
District, MS4 - Municipal Separate Storm Sewer System area, Special
Flood Hazard Area, Historic Townsites Overlay District, or Agricultural
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Heritage 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 applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The facility is primarily designated as "Farmland of Statewide
Importance" with low slope, Vona sandy loam soils, per the USDA Natural
Resources Conservation Service (NRCS) Custom Soil Report, prepared
January 11, 2024. The two (2) parcels together total
approximately 3.5 acres and have historically been utilized for residential
purposes. This campground will not remove any irrigated agricultural land
from production.
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
there are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County. This proposal
has been reviewed by the appropriate referral agencies and it has been
determined that the attached Conditions of Approval and Development
Standards ensure there are adequate provisions for the protection of the
health, safety, and welfare of the inhabitants of the neighborhood and
county and will address and mitigate impacts on the surrounding area with
the operation of this facility.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Tiriel and Brenda Bassett, for a Site Specific
Development Plan and Use by Special Review Permit, USR24-0007, for a Campground (up to
three [3] spaces for tiny homes/RVs) outside of subdivisions and historic townsites 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 applicant shall acknowledge the advisory comments from United
Power, as stated in the referral response dated March 4, 2024. Evidence
of such shall be submitted, in writing, to the Weld County Department of
Planning Services.
B. The applicant shall acknowledge the advisory comments from the Weld
County Oil and Gas Energy Department, as stated in the referral response
dated February 7, 2024. Evidence of such shall be submitted, in writing, to
the Weld County Department of Planning Services.
C. The applicant shall address the requirements of the Platteville-Gilcrest Fire
Protection District, as stated in the referral response dated February 6,
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2024. Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
D. The applicant shall address the requirements of the Colorado Division of
Water Resources, as stated in the referral response dated February 21,
2024. Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
E. A Drainage Narrative with a qualifying exception, or a Final Drainage
Report (with a Detention Pond Design) and Certification of Compliance,
stamped and signed by a Professional Engineer, registered in the State of
Colorado, is required.
F. An On -Site Wastewater Treatment System (OWTS) is required for the
campground and shall be installed according to the Weld County OWTS
Regulations. The OWTS is required to be designed by a Colorado
Registered Professional Engineer, according to the OWTS Regulations.
G. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR24-0007.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate the trash collection areas on the map.
Section 23-2-240.A.13 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 of the Weld County Code, if applicable.
6) The map shall delineate the parking area for the vendors,
customers and/or employees.
7) The applicant shall show and label all recorded easements, and
rights -of -way shall be delineated on the map by book and page
number or Reception number.
8) County Road 21 is a paved road and is designated on the Weld
County Functional Classification Map (Code Ordinance #2017-01)
as a collector road, which requires 80 feet of right-of-way. The
applicant shall delineate and label the existing and future
rights -of -way (along with the documents creating the existing
right-of-way) and the physical location of County Road 21 on the
plat. If the existing right-of-way cannot be verified it shall be
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dedicated. Pursuant to the definition of setback in the Weld County
Code Section 23-1-90, the required setback is measured from the
future right-of-way line. This road is maintained by Weld County.
9) The applicant shall show and label the existing and proposed
access points onto County Road 21, the usage types that apply
(Residential, Agricultural, Commercial and/or Oil and Gas), the
approved access width, and appropriate turning radii for each
access. Development Review will review the access locations as a
part of the plan submittal.
10) The applicant shall show and label the approved tracking control.
11) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
12) The applicant shall 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.
13) If applicable, the applicant shall show and label the accepted
drainage features. Stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include
the calculated volume.
14) The applicant shall show and label the drainage flow arrows.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map the applicant
shall submit a Mylar map along with all other documentation required as Conditions
of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar map and additional requirements shall be submitted
within 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be
recorded within the specified timeline from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance fee shall be added for
each additional three (3) month period.
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4. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
and a Colorado Stormwater Discharge Permit will be required.
B. The approved tracking control shall be constructed.
5. The Use by Special Review is not perfected until the Conditions of Approval are
completed and the map is recorded. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of June, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
ATTEST: d, 4 j x. .o;
Weld County Clerk to the Board
BY:OeerwfM • W ca GLC
Deputy Clerk to the Board
APPROVED A
County " orney
Date of signature: Lei
WELD COUNTY
ike Freeman
Saine
Perry
L. Bu Pro-Tem
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TIRIEL AND BRENDA BASSETT
USR24-0007
1. Site Specific Development Plan and Use by Special Review Permit, USR24-0007, is for a
Campground (up to three [3] spaces for tiny homes/RVs) outside of subdivisions and
historic townsites 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. Any future structures or uses onsite must obtain the appropriate Zoning and Building
permits.
4. The hours of operation are 24 hours -a -day / 7 days -a -week.
5. There are no employees, the property owners will be responsible for managing the
campground, as stated in the application materials.
6. The number of Tiny Homes/RVs shall be up to three (3), as stated in the application
materials.
7. The parking area on the site shall be maintained.
8. The length of stay is limited to 180 days or less.
9. The maximum number of animal units on the property shall not exceed the number allowed
by right in the A (Agricultural) Zone District, per Section 23-1-90 Table 23.1A of the Weld
County Code.
10. Derelict vehicles are not allowed. Per the Weld County Code, the definition for a derelict
vehicle is: A vehicle that is inoperable (unable to move under its own power); is partially
or totally dismantled; has all or portions of its body work missing or is substantially
damaged; does not have valid registration with the State, as required by Colorado Revised
Statutes (C.R.S.) Sections 42-4- 202(4), 42-12-301 or 42-12-401, and/or the number plate
assigned to it is not permanently attached to the vehicle, as required by C.R.S.
Section 42-3-202; or is lacking proper equipment, to the extent that it would be unsafe or
illegal to use on public street/road rights -of -way, or otherwise not equipped with lamps and
other equipment, as required in C.R.S. Sections 42-4-204 to 42-2-230.
11. All signs shall adhere to Chapter 23, Article IV, and Division 2 of the Weld County Code.
12. The existing landscaping and screening on the site shall be maintained in accordance with
the approved Landscape and Screening Plan.
13. 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.
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14. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
15. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
16. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall require an approved Right -of -Way Use Permit prior to commencement.
17. The historical flow patterns and runoff amounts on the site will be maintained.
18. Weld County is not responsible for the maintenance of on -site drainage related features.
19. 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.
20. 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.
21. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
22. Any On -site Wastewater Treatment System (OWTS) located on the property must comply
with all provisions of the Weld County Code, pertaining to OWTS.
23. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
24. Lighting shall be maintained in accordance with the accepted Lighting Plan.
25. Sources of light shall be shielded so that light rays 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.
26. Building Permits may be required for any new construction, set up of manufactured
structures, or change of use of existing buildings, per Section 29-3-10 of the Weld County
Code. Buildings and structures shall conform to the requirements of the various codes
adopted at the time of permit application. Currently, the following have been adopted by
Weld County: 2018 International Codes, 2018 International Energy Conservation Code,
and 2020 National Electrical Code, and Chapter 29 of the Weld County 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
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engineer, or an Open Hole Inspection shall be required. A Building Permit must be issued
prior to the start of construction.
27. Building Permits issued on the proposed lots will be required to adhere to the fee structure
of the County -Wide Road Impact Fee, County Facility Fee, and Drainage Impact Fee
Programs.
28. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
29. All buildings shall comply with the setback from oil and gas wells, per Section 23-4-700,
as amended.
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 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.
33. Construction or use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date of Board of County Commissioners
signed Resolution, unless otherwise specified by the Board of County Commissioners
when issuing the original Permit, or the Permit shall be vacated.
34. A Use by Special Review shall terminate when the use is discontinued for a period of
three (3) consecutive years, the use of the land changes or the time period established by
the Board of County Commissioners through the approval process expires. The landowner
may notify the Department of Planning Services of a termination of the use, or Planning
Services staff may observe that the use has been terminated. When either the Department
of Planning Services is notified by the landowner, or when the Department of Planning
Services observes that the use may have been terminated, the Planner shall send certified
written notice to the landowner asking that the landowner request to vacate the Use by
Special Review Permit.
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35. In such cases where the Use by Special Review has terminated but the landowner does
not agree to request to vacate the Use by Special Review Permit, a hearing shall be
scheduled with the Board of County Commissioners to provide the landowner an
opportunity to request that the Use by Special Review Permit not be vacated, for good
cause shown. The landowner shall be notified at least ten (10) days prior to the hearing.
If the Board of County Commissioners determines that the Use by Special Review has
terminated and no good cause has been shown for continuing the permit, then the
termination becomes final, and the Use by Special Review Permit is vacated.
36. 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 people 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.
37. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
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