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Home My WebLink About20241446.tiffLAND USE APPLICATION SUMMARY SHEET Planner: Diana Aungst Hearing Date: May 7, 2024 Case Number: USR24-0007 Applicants: Tiriel and Brenda Bassett Site Address: 13141 County Road 21, Platteville, CO 80651 Request: A Site Specific Development Plan and Use by Special Review Permit for a Campground (up to three [3] spaces for tiny homes/RVs) outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Legal Lots A and B of Recorded Exemption RE -2096; Being part of the SE4 of Section 27, Description: T3N, R67W, of the 6th P.M., Weld County, Colorado Location: West of and adjacent to County Road 21 and approximately 600 feet north of County Road 28 Size of Parcels: ± 3.68 acres Parcel Nos. 1209-27-4-00-032 1209-27-4-00-033 The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: ➢ United Power, referral dated March 4, 2024 ➢ Platteville-Gilcrest Fire Protection District, referral dated February 6, 2024 ➢ Weld County Oil and Gas Energy Department, referral dated February 7, 2024 ➢ State of Colorado, Division of Water Resources, referral dated February 21, 2024 ➢ Weld County Department of Public Health and Environment, referral dated March 1, 2024 ➢ Weld County Department of Planning Services — Code Compliance, referral dated February 13, 2024 ➢ Weld County Department of Planning Services — Development Review, referral dated February 28, 2024 The Department of Planning Services' staff has received referral responses without comments from the following agencies: ➢ Town of Firestone, referral dated February 6, 2024 ➢ City of Fort Lupton, referral dated February 6, 2024 ➢ Central Weld County Water District, February 27, 2024 ➢ Colorado Parks and Wildlife, referral dated March 1, 2024 ➢ Weld County Sheriff's Office, referral dated March 4, 2024 ➢ Miller Farms (Meadow Island #1 Irrigation Company), referral date February 9, 2024 The Department of Planning Services' staff has not received responses from the following agencies: ➢ Town of Mead ➢ Town of Platteville ➢ Weld School District RE -1 ➢ Platte Valley Conservation District ➢ Colorado Department of Transportation USR24-0007 I Bassett Page 1 of 10 Case Summary: The applicants are applying for a Use by Special Review Permit (USR) for a three (3) tiny-home/RV campground known as "B's Teeny Tiny Home Community". Two (2) camping spaces will be on Lot B (13141 CR 21) and one (1) camping space will be on Lot A (13149 CR 21). Both properties are owned by the applicants and they live in the residence on Lot B. The site will primarily be occupied by traveling working professionals. Maximum capacity would be six (6) people. The application materials state that guests may occupy the campground for no more than twelve (12) months. Since camping is a temporary use per 23-1- 90 staff is recommending that the maximum stay at the campground not exceed six (6) months [180 days]. According to the application materials the tiny home/RVs will be installed on recycled asphalt and/or gravel. One (1) single-family residence is on Lot A and one (1) is on Lot B. Lot B also has a barn/shop, a couple of storage sheds, an old, non-functioning outhouse and a structure that may be the original homestead. This structure is uninhabitable and not considered a dwelling. Employees/staff consist of the family that live on the site, and they will be available 24 hours -a -day / 7 days - a -week. The guests are free to come and go as they wish. The application materials state that potential guests who are interested in renting a campsite will be screened via an application process including an in - person meeting to ensure that they are compatible and are aware of the campsite rules. Dogs are allowed in the campsite, but dog breed and weight restrictions will be enforced. Campers will be permitted one vehicle per occupant. According to the application materials commercial vehicles are not allowed on the site. Utility hookups including septic systems and water from Central Weld County Water District (CWCWD [District]) will be provided for each campsite. The application materials included a letter from CWCWD that confirms that the District is willing to serve these three (3) new tiny homes/RVs. This case is in violation (CCV23-00191). This violation was initiated due to the presence of tiny homes parking on the site without first completing the necessary Weld County Zoning and/or Building Permits. Approval of this USR application and the completion of all Conditions of Approval, including the recording of the final USR map, and the submittal and completion of any building permits would correct the violation. If this application is denied, the case will continue through the County Court process until the tiny homes are no longer on the property. DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-30.C. Harmonize development with surrounding land uses. There is a residence about 110 -feet north of the subject site and about 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 owner. One (1) exterior lighting pole is on the site and no additional exterior lighting is proposed. Section 22-2-30.C 1. Transition between land use types and intensities with buffers. Uses that are incompatible with existing uses must be able to mitigate conflicts. USR24-0007 I Bassett Page 2 of 10 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 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-10. — Intent, of the Weld County Code 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." Per 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 Weld County Code Section allows for a commercial campground in the Agricultural Zone District. The commercial campground does not interfere with agricultural activities or other Use by Right activities. C. Section 23-2-220.A.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 about 110 feet north of the site. There are four (4) USRs within one 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) Surrounding Property Owners. No written correspondence or telephone calls were received. The proposed use is in an area that can support this development and the existing screening, the Development Standards, along with the Conditions of Approval 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 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located within the Coordinated Planning Agreement Area (CPA) 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 Town of Platteville, the City of Fort Lupton, the Town of Firestone and the Town of Mead submitted signed NOI forms, dated November 9, 2023, November 10, 2023, November 13, 2023, and November 21, 2013 respectively, stating that 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 USR24-0007 I Bassett Page 3 of 10 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 MPA. 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 agency comments dated stating that they have no comments dated February 6, 2024. The Towns of Mead and Platteville did not return referral agency comments. E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The property is not 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 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 Program. Building Permits issued on the proposed lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The 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 about 3.5 acres and have historically been utilized for residential purposes. This campground will not remove any irrigated agricultural land from production. G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This proposal has been reviewed by the appropriate referral agencies and it has been determined that the attached conditions of approval and development standards ensure that 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. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the map: USR24-0007 I Bassett Page 4 of 10 A. The applicant shall acknowledge the advisory referral 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. (Department of Planning Services) B. The applicant shall acknowledge the advisory referral 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. (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, 2024. Written evidence of such shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) D. The applicant shall address the requirements of the 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. (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. (Development Review) F. A Road Maintenance Agreement is required. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. (Development Review) G. An On -Site Wastewater Treatment system is required for the campground and shall be installed according to the Weld County On -Site Wastewater Treatment System (OWTS) Regulations. The OWTS is required to be designed by a Colorado Registered Professional Engineer according to the On -Site Wastewater Treatment System Regulations. (Department of Public Health and Environment) H. The map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR24-0007. (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4. The applicant shall delineate on the map the trash collection areas. Section 23-2-240.A.13 of the Weld County Code addresses the issue of trash collection areas. (Department of Planning Services) 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. (Department of Planning Services) 6. The map shall delineate the parking area for the vendors, customers and/or employees. (Department of Planning Services) 7. Show and label all recorded easements and rights -of -way shall be delineated on the map by book and page number or reception number. (Department of Planning Services) 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 on the plat 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. If the existing right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code Section 23-1-90, USR24-0007 I Bassett Page 5 of 10 the required setback is measured from the future right- of -way line. This road is maintained by Weld County. (Development Review) 9. 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. (Development Review) 10. Show and label the approved tracking control. (Development Review) 11. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Development Review) 12. 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. (Development Review) 13. If applicable, 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. (Development Review) 14. Show and label the drainage flow arrows. (Development Review) 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 one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. In accordance with 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 3 -month period. (Department of Planning Services) 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. (Development Review) B. The approved tracking control shall be constructed prior to any additional on -site construction. (Development Review) 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. (Department of Planning Services) USR24-0007 I Bassett Page 6 of 10 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Tiriel and Brenda Bassett B's Teeny Tiny Home Community USR24-0007 1. 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, subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. Any future structures or uses on site must obtain the appropriate zoning and building permits. (Department of Planning Services) 4. The hours of operation are 24 hours -a -day / 7 days -a -week. (Department of Planning Services) 5. There are no employees, the property owners will be responsible for managing the campground, as stated in the application materials. (Department of Planning Services) 6. The number of Tiny Homes/RVs shall be up to three (3), as stated in the application materials. (Department of Planning Services) 7. The parking area on the site shall be maintained. (Department of Planning Services) 8. The length of stay is limited to one hundred eighty (180) days or less. (Department of Planning Services) 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. (Department of Planning Services) 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. (Department of Planning Services) 11. All signs shall adhere to Chapter 23, Article IV, and Division 2 of the Weld County Code. (Department of Planning Services) 12. The existing landscaping and screening on the site shall be maintained in accordance with the approved Landscape and Screening Plan. (Department of Planning Services) 13. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review) 14. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. (Development Review) USR24-0007 I Bassett Page 7 of 10 15. The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement. (Development Review) 16. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Development Review) 17. 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. (Development Review) 18. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review) 19. Weld County is not responsible for the maintenance of onsite drainage related features. (Development Review) 20. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and Environment) 21. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment) 22. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 23. Any On -site Wastewater Treatment System located on the property must comply with all provisions of the Weld County Code, pertaining to Onsite Wastewater Treatment Systems. (Department of Public Health and Environment) 24. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 25. Lighting shall be maintained in accordance with the accepted Lighting Plan (Department of Planning Services) 26. 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. (Department of Planning Services) 27. 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 has been adopted by Weld County: 2018 International Building Codes, 2018 International Energy Code, 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 engineer, shall be required or an Open Hole Inspection. A building permit must be issued prior to the start of construction. (Department of Building Inspection) 28. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs. USR24-0007 I Bassett Page 8 of 10 29. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. (Department of Planning Services) 30. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended. (Department of Planning Services) 31. 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. (Department of Planning Services) 32. 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. (Department of Planning Services) 33. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning Services) 34. 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. 35. 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. 36. 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. 37. 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. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these USR24-0007 I Bassett Page 9 of 10 resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 38. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. USR24-0007 I Bassett Page 10 of 10 April 3, 2024 DEPARTMENT OF PLANNING SERVICES 1402 North 17th Ave Greeley, CO 80631 Website: www.weld.gov Email: daungst@weld.gov Phone: (970) 400-3524 Fax: (970) 304-6498 BASSETT TIRIEL L 13141 COUNTY ROAD 21 PLATTEVILLE, CO 80651 Subject: USR24-0007 - A Site Specific Development Plan and Use by Special Review Permit 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 parcel(s) of land described as: LOTS A AND B OF REC EXEMPT RE -2096; PART SE4 SECTION 27, T3N, R67W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on May 7, 2024 at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on June 12, 2024 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at https://accela- aca.co.weld.co.us/CitizenAccess `�Reslpectful ly,CtUilkea, �J V Diana Aungst Planner Hello