HomeMy WebLinkAbout20232206.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner:
Case Number: USR23-0015
Owner/Applicant Steven Bing ley
1633 Carriage Drive, Eaton, CO 80615
Chris Gathman
Site Address: 44485 County Road 29, Pierce, CO 80650
Request:
Hearing Date: July 11, 2023
A Site -Specific Development Plan and Use by Special Review outside of subdivisions
and historic townsites for a campground (up to ten (10) RV spaces) in the A
(Agricultural) Zone District
Legal Lot A of Recorded Exemption RE -2085, located in the S2NE4 of Section 20, T8N,
Description: R66W, of the 6th P.M., Weld County, Colorado
Location: West of and adjacent to County Road 29 and approximately 1/2 mile north of County
Road 90.
Size of Parcel: ± 31.59 acres
Parcel No. 0553-20-1-00-013
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:
➢ Weld County Department of Public Health and Environment, referral dated April 24, 2023
➢ Weld County Department of Planning Services — Development Review, referral dated April 10, 2023
➢ Town of Pierce, referral dated April 26, 2023
➢ Colorado Division of Water Resources, referral dated April 24, 2023
➢ Weld County Oil & Gas Energy Department, referral dated April 7, 2023
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ West Greeley Conservation District, referral dated April 10, 2023
➢ Weld County Department of Planning Services — Code Compliance, referral dated April 4, 2023
➢ Weld County Sheriff's Office, referral dated April 3, 2023
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Colorado Parks and Wildlife
➢ Weld County Office of Emergency Management
➢ Colorado Department of Transportation
➢ Weld County RE -9 School District
USR23-0015 — Bingley
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Case Summary:
The applicant is applying fora Use by Special Review Permit (USR) fora campground to install ten (10)
RV spaces for short-term stays (120 days or less). The application states that the project is proposed to
provide short-term housing alternatives for military members and others transitioning to and from Northern
Colorado. According to the application, the RVs/campers will be installed on gravel/road base. A proposed
laundry and shower facility is located at the northeast corner of the site. The applicant has been approved
fora septic system for the campground. Electrical and water hookups will be provided for each site along
with some modest landscaping proposed along the south side of the campground area. The application
states that the facility will be fully fenced. The applicant has an approved well permit (permit 329391) for
drinking and sanitary purposes. Water usage under the permit is limited to 108,600 gallons per year (1/3 -
acre foot). The well permit does not allow any outside irrigation. The Landscape and Screening Plan
provided with the application delineates a fence/screen will be installed to the north of the facility. The
application indicates that campers will be expected to adhere to a code of conduct and be subject to quiet
hours between 9pm — 6am Sunday through Thursday and 11pm — 6am Friday through Saturday. The
applicant lives in the existing residence 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.
The proposed campground is located approximately 750 -feet from the nearest residence and
is near an existing gas plant. A lighting plan has been submitted and a landscape/screening
plan has been submitted and is required to be accepted as a condition of approval for this
application. The facility will be required to adhere to residential noise limits. The application
indicates that quiet hours for residences will be enacted from 10pm to 6am.
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.
A landscaping/screening plan is required as a condition of approval. A lighting plan has been
submitted with a photometric plan that indicates the lighting associated with the facility will have
no impacts on adjacent residences and properties. A Development Standard is proposed that
requires the campground to adhere to the residential noise standard delineated in the Colorado
Revised Statutes.
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."
USR23-0015 — Bingley
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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, in essence, supports the proposed USR, as 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 lands consist of pastures, crops, and residences along with a gas plant (within
the municipal limits of Pierce) located to the east. The closest residence is about 1,300 -feet the
west.
Four (4) Use by Special Review Permits (USRs) are located within one (1) mile of the site:
USR18-0079 (115 kV Electrical Line), USR18-0080 (greater than 12 -inch natural gas line — gas
line connects to the existing gas plant), USR-1183 (gas line) and SUP -377 (hog farm for up to
4,000 pigs). SUP -377 appears to be no longer in operation.
The VVeld County Department of Planning Services sent notice to six (6) Surrounding Property
Owners. Planning staff has received no correspondence or phone calls from surrounding
property owners regarding this case.
The Conditions of Approval require that a Landscaping/Screening Plan be approved and that
the proposed facility ad here to the residential noise standard. The Development Standards and
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 not located within the boundaries of a Coordinated Planning Agreement (CPA)
boundary. The site is located within the three (3) mile referral area of the Town of Pierce. Pierce
municipal limits are east of and adjacent to the property. There is a gas plant in this location.
This location is delineated as 11 -Industrial (where the case plant is located) and A -Agricultural
to the south and east of the I1 designated area. The Town of Pierce in their referral comments,
dated April 26, 2023, stated that the Town had concerns with the proposed use being adjacent
to the Town of Pierce. Pierce requested some clarification on who would be living on the site
and requested a copy of the code of conduct for the proposed RV park.
The applicant provided a response stating that the intent of the project is to provide short-term
(120 days or less) affordable housing alternatives for military members and others transitioning
to and from the area.
The applicant also provided a draft code of conduct outlining the conditions of RVs staying at
the site. These items consist of safety guidelines, quiet hours, etc.
E. Section 23-2-220.A.5 — The application complies with Chapter 23, Articles V and XI, of the
VVeld County Code.
The property is not within the Geologic Hazard Overlay District, a Special Flood Hazard Area
Greeley-VVeld County Airport Overlay District, Historic Townsite Overlay District or Municipal
Separate Storm Water Sewer System (MS4) area.
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.
USR23-0015 — Bingley
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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 proposed facility is located on approximately 30.9 acres delineated as "Farmland of
Statewide Importance", "Prime Farmland if irrigated", and "not prime farmland" according to
National Resource Conservation Service Soils Report for this property. The facility is to be
located on approximately 3 acres on the north end of the property and will mainly occupy land
identified as "not prime" and "prime if irrigated". The property is not under crop production and
is not irrigated.
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, VVeld 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:
A. The applicant shall acknowledge the comments of the VVeld County Oil & Gas Energy
Department, as stated in the referral response dated April 7, 2023. Written evidence of such
shall be submitted to the VVeld County Department of Planning Services. (Department of
Planning Services)
B. The applicant shall acknowledge the requirements of the Division of Water Resources, as
stated in the referral response dated April 24, 2023. Written evidence of such shall be
submitted to the Weld County Department of Planning Services. (Department of Planning
Services)
C. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Development Review)
D. An On -site Wastewater Treatment system (OVVTS) is required forthe campground and shall
be installed according to the Weld County On -site Wastewater Treatment Regulations. Submit
documentation, to Environmental Health Services, indicating OWTS permit SP -2300004 has
received final approval. (Environmental Health)
E. A Landscape and Screening Plan shall be submitted for review and acceptancel by the
Department of Planning Services that screens the site from the Surrounding Property Owners
and rights -of -way. The plan shall address screening along the west side of the proposed facility.
The size of the proposed shrubs at planting shall be identified. An irrigation plan shall be
USR23-0015 — Bingley
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provided identifying (at a minimum) how plants will be irrigated at the time of planting. If facility
to be a screened by a fence — the fence shall be opaque, and the type of fencing shall be
identified. Slats on chain -link fencing is not an acceptable screening material. (Department of
Planning Services)
F. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR23-0015 (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 VVeld County Code addresses the issue of trash collection areas. (Department of
Planning Services)
5. County Road 29 is a paved road and is designated on the Weld County Functional
Classification Map as an arterial road which requires 140 feet of right-of-way at full buildout.
The applicant shall delineate and label on the site map or plat the future and existing right-
of-way (along with the documents creating the existing right-of-way) and the physical
location of the road. All setbacks shall be measured from the edge of right-of-way. This
road is maintained by Weld County. (Development Review)
6. Show and label the existing permitted access onto CR 29, the approved access width and
the appropriate turning radii on the site plan. (Development Review)
7. 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)
8. 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)
9. Show and label the approved tracking control on the site plan. (Development Review)
10. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Development Review)
11. The map shall delineate the landscaping and screening in accordance with the accepted.
(Department of Planning Services)
12. The map shall delineate the onsite lighting in accordance with the accepted Lighting Plan.
(Department of Planning Services)
13. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2
of the Weld County Code. (Department of Planning Services)
14. The map shall delineate the parking area for the vendors, customers and/or employees.
(Department of Planning Services)
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
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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 Operation:
A. The applicant shall work with the Weld County Office of Emergency Management to complete
an Emergency Management and Safety Plan for the campground. The applicant shall coordinate
with Ault -Pierce Fire and Rimrock LLC to identify the risk associated with an incident at the
Rimrock facility. (Office of Emergency Management
5. Prior to Construction:
A. The tracking control shall be constructed prior to on -site construction. (Development Review)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Development Review)
6. 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)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Steven & Katherine Bingley
USR23-0015
1. A Site -Specific Development Plan and Use by Special Use Permit, USR23-0015, fora campground
(up to ten (10) RV spaces) 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. USR23-0015 is for a campground (up to ten (10) RV spaces) is non-transferrable and the permit shall
expire upon conveyance of the property to a new owner. (Department of Planning Services)
4. The hours of operation are 24 hours a day, 7 days a week. (Department of Planning Services)
5. The facility shall be managed by the onsite property owners. (Department of Planning Services)
6. The number of RVs shall be up to ten (10), as stated in the application materials. (Department of
Planning Services)
7. The septic tank/dump station shall be used by RVs occupying the facility. No outside RVs shall be
allowed to utilize the dump station (Department of Planning Services)
8. The length of stay is limited to one -hundred twenty (120) days or less. (Department of Planning
Services)
9. Derelict vehicles are not allowed. Per the Weld County Code, the definition fora 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/orthe 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 rig hts-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.
10. The parking area on the site shall be maintained. (Department of Planning Services)
11. All signs shall adhere to Chapter 23, Article IV, and Division 2 of the VVeld County Code.
(Department of Planning Services)
12. The existing and proposed landscaping and screening on the site shall be maintained in
accordance with the accepted Landscape and Screening Plan. Required landscaping and
screening shall be installed within one (1) calendar year of issuance of a building permit or
commencement of use, whichever occurs sooner. Dead or diseased plant materials shall be
replaced with materials of similar quantity and quality at the earliest possible time. (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)
15. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Development Review)
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16. 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)
17. Weld County is not responsible for the maintenance of onsite drainage related features.
(Development Review)
18. The historical flow patterns and runoff amounts on the site will be maintained. (Development
Review)
19. All liquid and solid wastes (as defined in the Solid VVastes Disposal Sites and Facilities Act, 30-20-
100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
20. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid VVastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
21. 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)
22. 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)
23. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone
as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
24. Adequate drinking, handwashing and toilet facilities shall be provided forthe facility, at all times.
Any On -site Wastewater Treatment System located on the property must comply with all provisions
of the Weld County Code, pertaining to On -site Wastewater Treatment Systems. (Department of
Public Health and Environment)
25. If an On -site Wastewater Treatment System serves twenty or more people per day, the facility shall
submit an Underground Injection Control (UIC) Class V Injection Well permit to the Environmental
Protection Agency (EPA). (Department of Public Health and Environment)
26. In the event the facility's water system serves more than 25 persons on a daily basis the water
system shall comply with the Colorado Primary Drinking Water Regulations (5 CCR 1003-1). If not
subject to these requirements, the Weld County Department of Public Health and Environment
strongly encourages well users to test their drinking water prior to consumption and periodically
thereafter. (Department of Public Health and Environment)
27. RV units that have self-contained sewage disposal, shall dispose of sewage at an approved facility.
(Department of Public Health and Environment)
28. 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)
29. The property owner or operator shall provide written evidence of an approved Emergency Action
and Safety Plan on or before March 15th of any given year signed by representatives forthe Fire
District and the Weld County Office of Emergency Management to the Department of Planning
Services. (Department of Planning Services)
30. Lighting shall be maintained in accordance with the accepted Lighting Plan. (Department of
Planning Services)
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31. 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)
32. 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)
33. 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.
34. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the VVeld County Code. (Department of Planning Services)
35. Necessary personnel from the VVeld 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)
36. 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)
37. 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)
38. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced
within three (3) years from the date of approval, unless otherwise specified by the Board of County
Commissioners when issuing the original Permit, or the Permit shall be vacated. The Director of
Planning Services may grant an extension of time, for good cause shown, upon a written request
by the landowner.
39. A Use by Special Review shall terminate when the USE is discontinued fora 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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40. 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.
41. 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
resources are protected property rights and mineral owners should be afforded the opportunity to
extract the mineral resource.
42. 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; odorfrom
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 hund red (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
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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.
USR23-0015 — Bingley
Page 11 of 11
May 23, 2023
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: cgathman@weld.gov
Phone: (970) 400-3537
Fax: (970) 304-6498
BINGLEY STEVEN
44485 CR 29
PIERCE, CO 80650
Subject: USR23-0015 - A Site Specific Development Plan and Use by Special Review Permit outside of
subdivisions and historic townsites for campground (up to ten (10) RV spaces) in the A (Agricultural)
Zone District.
On parcel(s) of land described as:
LOT A RE 2085; PART S2NE4 SECTION 20, T8N, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on July 11, 2023 at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on August 9, 2023 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
Respectfully,
/C) '
Chris Gathman
Planner
C
From: Steven Bingley
To: Chris Gathman
Cc: KBINGLEY121@GMAIL.COM
Subject: Re: USR23-0015 Referrals and Water Question
Date: Sunday, May 7, 2023 11:46:40 AM
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Chris,
Good question...
According to my research, on average, an RV uses 6.16 gallons or 23.3 liters of water per day. It is
an average value for the total household use. This is much less than a traditional residence due to
such things as smaller water heaters leading to quicker showers, more efficient toilets, and most RVs
not having dishwashers or washing machines. The calculations I used on the form were based off
"General Guidelines for Water Demand per Day" provided on the form for "Overnight Lodging"
which was 50 gallons a day. These numbers I assume were derived from brick -and -mortar facilities
not RVs.
Based off these calculations the water demand would be far less than the 108,600 gallons allotted
annually (60 gallons per day = 21,900 gallons per year). Out of an abundance of caution I was going
to wait to utilize a laundry trailer until I had a better understanding of the site's water supply
demand. Additionally, these calculations are for the site being at max capacity for 365 days a year,
which is not realistic. In the unlikely event we should ever reach the maximum allowable water
usage, every RV is equipped with their own water tank, and I would arrange for bulk delivery until a
long-term solution can be found.
How Long will a Fresh Water Tank last on a Travel Trailer - The Savvy Campers
Steven Bingley
785-375-1976
stevenbingley@hotmail.com
From: Chris Gathman <cgathman@weld.gov>
Sent: Sunday, May 7, 2023 10:00 AM
To: Steven Bingley <stevenbingley@hotmail.com>
Subject: USR23-0015 Referrals and Water Question
Dear Mr. Bingley,
All referrals have been received for your application. Before we look into scheduling this for Planning
Commission and Board of County Commissioners hearings — I have a question about the well
permit/water supply:
The well permit calculations provided with the application indicate you estimate 5
customers a day. Your application is for up to 10 RV spaces (which could be 10 separate customers).
The Division of Water Resources — indicates that additional water supply will be needed if the well
permit exceeds its annual usage limit (per their referral response attached under USR23_0015
Bingley RV Park).
How do you intend to address water supply in the event water usage exceeds the annual amount?
Regards,
Chris Gathman
Planner Ill
Weld County Department of Planning Services
1402 N. 17th Avenue
PO Box 758
Greeley, CO 80632
cgathman@weldgov.com
970-400-3537
Hello