HomeMy WebLinkAbout20232204.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR23-0015, FOR A CAMPGROUND (UP TO TEN [10] RV SPACES)
OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE
A (AGRICULTURAL) ZONE DISTRICT - STEVEN AND KATHERINE BINGLEY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 9th day of
August, 2023, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Steven and Katherine Bingley, 44485 County Road 29, Pierce, Colorado 80650,
for a Site Specific Development Plan and Use by Special Review Permit, USR23-0015, for a
Campground (up to ten [10] RV spaces) outside of subdivisions and historic townsites in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot A of Recorded Exemption, RE -2085; being part
of the S1/2 NE1/4 of Section 20, Township 8 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicants were present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect.
1) Section 22-2-30.C states: "Harmonize development with
surrounding land uses." The proposed campground is located
approximately 750 feet from the nearest residence and is near an
existing gas plant. A Screening Plan has been submitted and is
required as a Condition of Approval and a Lighting Plan has been
submitted. The facility will be required to adhere to residential noise
cc: PL(TP/MN/cG/NUJ), CA (KM) APPL.
O9/4 /23
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limits. The application indicates quiet hours for residences will be
enacted from 10:00 p.m. to 6:00 a.m.
2) Section 22-2-30.C.1 states: "Transition between land use types and
intensities with buffers. Uses that are incompatible with existing
uses must be able to mitigate conflicts." A 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 23-2-230.6.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states: "Agriculture in the County is
considered a valuable resource, which must be protected from
adverse impacts resulting from uncontrolled and undirected
business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as
an essential feature of the County. The A (Agricultural) Zone District
is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production, and
for areas for natural resource extraction and energy development,
without the interference of other, incompatible land uses."
2) Section 23-3-40.B lists Campgrounds as a Use by Special Review
outside of subdivisions and historic townsites in the A (Agricultural)
Zone District. This 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 23-2-230.B.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 to the west. Four (4) 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 no longer be in operation. Notice was sent to six (6)
SPOs and no correspondence or phone calls were received regarding the
application. The Conditions of Approval require that a Screening Plan be
approved and that the proposed facility adhere to the residential noise
standard. The Conditions of Approval and Development Standards will
assist in mitigating the impacts of the facility on the adjacent properties and
ensure compatibility with surrounding land uses and the region.
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D. Section 23-2-230.6.4 — The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is not located within a Coordinated Planning
Agreement (CPA) boundary but is located within the three (3) mile referral
area of the Town of Pierce, whose municipal limits are east of and adjacent
to the property. There is a gas plant in this location, which is on land
designated as I-1 (Light Industrial), with the area to the south and east
designated as A (Agricultural). The Town of Pierce, in their referral
comments dated April 26, 2023, stated they had concerns with the
proposed use being adjacent to the Town of Pierce, requested 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 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. They also provided a draft Code of
Conduct outlining the conditions of RVs staying at the site, which include
safety guidelines, quiet hours, etc.
E. Section 23-2-230.6.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
Geologic Hazard Overlay District, a Special Flood Hazard Area
Greeley -Weld 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, County Facility Fee, and
Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed facility is located on 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 three (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 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County. The
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
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protection of the health, safety and welfare of the inhabitants of the
neighborhood and county and will address and mitigate impacts on the
surrounding area with the operation of this facility.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Steven and Katherine Bingley, for a Site Specific
Development Plan and Use by Special Review Permit, USR23-0015, for a Campground (up to
ten [10] RV spaces) outside of subdivisions and historic townsites in the A (Agricultural) Zone
District, on the parcel of land described above, be, and hereby is, granted subject to the following
conditions:
1. Prior to recording the map:
A. The applicant shall acknowledge the comments of the Weld County Oil and
Gas Energy Department, as stated in the referral response, dated April 7,
2023. Written evidence of such shall be submitted to the Weld County
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.
C. An On -site Wastewater Treatment system (OWTS) is required for the
campground and shall be installed according to the Weld County OWTS
Regulations. Submit documentation to the Department of Public Health and
Environment, indicating OWTS Permit #SP -2300004, has received final
approval.
D. A Screening Plan that screens the site from the SPOs and rights -of -way
shall be submitted, for review and acceptance, by the Department of
Planning Services. The Plan shall address screening along the west side
of the proposed facility. If the facility is 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.
E. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR23-0015.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate 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.
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5) County Road 29 is a paved road and is designated on the Weld
County Functional Classification Map as an arterial road, which
requires 100 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
6) The applicant shall show and label the existing permitted access
onto County Road 29, the approved access width, and the
appropriate turning radii on the site plan.
7) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
8) The applicant shall show and label the accepted drainage features.
Stormwater ponds should be labeled as "Stormwater Detention,
No -Build or Storage Area" and shall include the calculated volume.
9) The applicant shall show and label the approved tracking control on
the site plan.
10) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
11) The map shall delineate the landscaping and screening, in
accordance with the accepted Landscape and Screening Plan.
12) The map shall delineate the on -site lighting, in accordance with the
accepted Lighting Plan.
13) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 of the Weld County Code.
14) The map shall delineate the parking area for the vendors,
customers and/or employees.
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
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prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar map and additional requirements shall be submitted
within 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be
recorded within the specified timeline from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance fee shall be added for
each additional three (3) month period.
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 the Ault -Pierce Fire
Department and neighboring Rimrock, LLC (gas plant), to identify the
potential risk associated if there is an incident at the Rimrock facility.
5. Prior to Construction:
A. The tracking control shall be constructed prior to on -site construction.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of August, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: detztAi 4� !(1
Weld County Clerk to the Board
BY: LTCU(1Y'. ii3aJ1,tOk
Deputy Clerk to the Board
AP''OVEORM:
Count Attorney
Date of signature: Z 3
Mike -eman, Chair
erry
Scott K. Ja
D. Ross
me
ro-Tem
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
STEVEN AND KATHERINE BINGLEY
USR23-0015
1. Site Specific Development Plan and Use by Special Review Permit, USR23-0015, is for a
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.
2. Approval of this plan may create a vested property right, pursuant to Section 23-8-10 of
the Weld County Code.
3. USR23-0015, 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.
4. The hours of operation are 24 hours a day, seven (7) days a week.
5. The facility shall be managed by the on -site property owners.
6. The number of RVs shall be up to ten (10), as stated in the application materials.
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.
8. The length of stay is limited to 180 days or less.
9. 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.) §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. §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. §42-4-204 to §42-2-230."
10. The parking area on the site shall be maintained.
11. All signs shall adhere to Chapter 23, Article IV, and Division 2 of the Weld County Code.
12. The screening on the site shall be maintained in accordance with the accepted 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.
13. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
14. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
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15. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
16. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall require an approved Right -of -Way Use Permit, prior to commencement.
17. Weld County is not responsible for the maintenance of on -site drainage related features.
18. The historical flow patterns and runoff amounts on the site will be maintained.
19. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20- 100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
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
Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
21. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The facility shall operate in accordance with Chapter 14, Article I of the Weld
County Code.
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.
23. This facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone, as delineated in C.R.S. §25-12-103.
24. Adequate drinking, handwashing and toilet facilities shall be provided for the facility, at all
times. Any On -site Wastewater Treatment System (OWTS) located on the property must
comply with all provisions of the Weld County Code, pertaining to OWTS.
25. If an OWTS serves 20 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).
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.
27. RV units that have self-contained sewage disposal shall dispose of sewage at an
approved facility.
28. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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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 for the Fire District and the Weld County Office of Emergency
Management to the Department of Planning Services.
30. Lighting shall be maintained in accordance with the accepted Lighting Plan.
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.
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 have 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, or an
Open Hole Inspection shall be required. A Building Permit must be issued prior to the start
of construction.
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 Weld County Code.
35. 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.
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.
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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.
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 the Department 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 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.
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. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
42. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
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