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HomeMy WebLinkAbout20241445.tiffBefore the Weld County, Colorado. Planning Commission Resolution of Recommendation to the Board of County Commissioners Moved by Skip Holland, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: Case Number: Applicant: Planner: Request Legal Description: Location USR24-0007 Tiriel and Brenda Bassett Diana Aungst 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. 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. West of and adjacent to County Road 21, approximately 600 feet north of County Road 28. be recommended favorably to the Board of County Commissioners 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 Planning Commission 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. 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. Resolution USR24-0007 Tinel and Brenda Bassett Page 2 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, 2023 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 201,7 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 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 February 6, 2024 stating that they have no comments 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 - Resolution USR24-0007 Tinel and Brenda Bassett Page 3 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 Planning Commission recommendation for approval is conditional upon the following 1 Prior to recording the map 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) Resolution USR24-0007 Tinel and Brenda Bassett Page 4 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, 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) Resolution USR24-0007 Tinel and Brenda Bassett Page 5 13 If applicable, show and label the accepted drainage features Stormwater ponds should be labeled as "Stormwater Detention, No -Budd 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) Motion seconded by Michael Palizzi VOTE For Passage Elijah Hatch Skip Holland Pamela Edens Michael Palizzi Virginia Guderjahn Barney Hammond Against Passage Absent Butch White Michael Wailes The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings Resolution USR24-0007 Tinel and Brenda Bassett Page 6 Certification of Cop/ I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on May 7, 2024 Dated the 7. of May, 2024 Kristine Ranslem Secretary Resolution USR24-0007 Tinel and Brenda Bassett Page 7 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Thiel 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) Resolution USR24-0007 Tinel and Brenda Bassett Page 8 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) Resolution USR24-0007 Tinel and Brenda Bassett Page 9 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 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 Resolution USR24-0007 Tinel and Brenda Bassett Page 10 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 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 areintensivelyused 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 Summary of the Weld County Planning Commission Meeting Tuesday, May 7, 2024 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street, Greeley. Colorado. This meeting was called to order by Chair Elijah Hatch, at 1:30 p.m. Roll Call. Present: Elijah Hatch, Skip Holland, Michael Palizzi, Virginia Guderjahn, Barney Hammond. Absent: Butch White. Michael Wailes, Pamela Edens. Also Present: Kim Ogle, Chris Gathman, Diana Aungst. Maxwell Nader, and Molly Wright, Department of Planning Services, Lauren Light. Department of Health, Karin McDougal, County Attorney, and Kris Ranslem, Secretary. [Pam Edens entered the hearing at 1:40 p.m.] Case Number: Applicant. Planner: Request: Legal Description: Location: USR24-0007 Tiriel and Brenda Bassett Diana Aungst 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. 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. West of and adjacent to County Road 21; approximately 600 feet north of County Road 28. Diana Aungst, Planning Services.. presented Case USR24-0007, reading the recommendation and comments into the record. Ms. Aungst stated that no written correspondence or telephone calls were received from surrounding property owners regarding this application. The Department of Planning Services recommends approval of this application along with conditions of approval and development standards. Commissioner Palizzi referred to the application where guests may stay no more than 12 months; however Staff recommends six (6) month and asked if they are allowed to extend past six months. Ms. Aungst said that the County Code defines temporary use as six (6) months so there is a condition of approval and a development standard in the Resolution that people can only stay there for six (6) months. She added that it is hard to enforce and Staff would have to receive a complaint and then they would have to validate the complaint. Commissioner Palizzi asked why the drainage narrative did not meet the requirements. Mike McRoberts, Planning Services, stated that there are 14 defined exceptions to stormwater detention in the code. He said that the applicants had brought in over 6000 square feet of recycled asphalt which is considered 75% impervious and the exception that they were requesting didn't take that into account. Mr. McRoberts stated that he has been talking with the applicant's engineer and they are looking at the possibility of either changing the surface or looking at some of the other exceptions. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan. Tiriel and Brenda Bassett, 13141 CR 21, Platteville, Colorado Ms. Bassett stated that they purchased the property four (4) years ago. She said that they are proposing three (3) tiny house sites with utilities to each one. She said that during covid they found a niche within the traveling and medical professional community and added that it provides their family a small income. 1 The Chair asked if there was anyone in the audience who wished to speak for or against this application No one wished to speak Ms Bassett requested to change the length of stay for the campground to 12 months due to the traveling medical professionals who have different time spans that they come to stay Karin McDougal, County Attorney, stated that she agrees with the Planning Department that the campground is a temporary use and temporary is defined in the County Code as six (6) months so she doesn't believe it can be waived Ms Aungst stated that the public is not supposed to live in an RV so in order to enforce that temporary section in the code, Staff is asking for six (6) months The Chair asked the applicant if they have read through the Development Standards and Conditions of Approval and if they are in agreement with those The applicant replied that they are in agreement Motion Forward Case USR24-0007 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Skip Holland, Seconded by Michael Palizzi Vote Motion carried by unanimous roll call vote (summary Yes = 6) Yes Barney Hammond, Elijah Hatch, Michael Palizzi, Pamela Edens, Skip Holland, Virginia Guderjahn Meeting adjourned at 4 20 p m Respectfully submitted, 4allbbne-i Yga."6.1.`n. 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