HomeMy WebLinkAbout20230839.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR22-0034, FOR A CAMPGROUND OUTSIDE OF SUBDIVISIONS AND
HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT -
CLARKE AND KRISTINE STOESZ
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 29th day of
March, 2023, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Clarke and Kristine Stoesz, 18519 County Road 5, Berthoud, Colorado 80513,
for a Site Specific Development Plan and Use by Special Review Permit, USR22-0034, for a
Campground 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 B of Recorded Exemption, RE -2682; being part
of the NE1/4 of Section 32, Township 4 North,
Range 68 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
[Weld County Comprehensive Plan] and any other applicable Code
provisions or ordinance in effect.
1) Section 22-2-10.C states: "Promoting Economic Growth and
Stability. Land use policies have a significant impact economic
conditions in the County and should be structured to encourage
economic prosperity. To ensure the continued strength of Weld
County's economy, land use processes and decisions based on the
[Comprehensive Plan] shall be consistent and promote financially
responsible growth." The tiny house commercial campground
cc: PLO-P/MN/K0, CA(KN), APPL.
vi /i Is /23
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supplements the financing of the Ukraine Orphan Outreach (NGO)
by providing necessary funding for the ongoing Ukraine outreach
efforts. Guests can utilize this location as a base for sightseeing,
local community exploration and relaxation, which supports the
local community and county through tourism and benefits this
brings to the state.
2) Section 22-2-30.C — Harmonize development with surrounding land
uses. The campground is sited on a plateau below the Thomas
Reservoir and the Ide and Starboard Ditch, overlooking the Little
Thompson River corridor to the north-northwest. Adjacent
properties to the north, west and south are platted lots created by
Recorded Exemption or Subdivision Exemption process, with
limited rural residential development. Lands to the east are
unplatted and have been annexed by the Town of Mead. Looking
upslope from the northwest the two (2) tiny houses are visible,
otherwise, the site is screened from the other adjacent properties.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states: "Agriculture in the County is
considered a valuable resource, which must be protected from
adverse impacts resulting from uncontrolled and undirected
business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as
an essential feature of the County. The A (Agricultural) Zone District
is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production, and
for areas for natural resource extraction and energy development,
without the interference of other, incompatible land uses." 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.
2) Section 23-3-40.B — Uses by Special Review, states:
"Campgrounds". A campground is defined as "An area used for
temporary placement and occupancy of recreational vehicles or
camping tents operated on a commercial basis for use by the
public." This Code Section allows the applicant to apply for a USR
for a campground in the A (Agricultural) Zone District.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent unincorporated lands
are all zoned A (Agricultural). The surrounding land uses consist of irrigated
and dry farmland, rural residences and sporadic on -going oil and gas
activity. Most parcels have been created using the Recorded Exemption or
Subdivision Exemption process, while lands to the north are large tract and
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unplatted. There are four (4) USR permits within one (1) mile of the site.
The nearest is SUP -370 for a 40,000 agri-business poultry (chicken)
production facility, located approximately 0.5 miles to the northwest. Other
USRs outside of the 0.5 mile distance include, SUP -140 for a
State -Licensed game bird farm operation, to the southwest; USR-922 for
the 1,000 -head Brad Pickert Dairy, to the northeast; and MUSR16-0011 for
the Laurie Buffington boarding kennel and service dog training facility.
Associated traffic and other impacts associated with this campground will
be minimal. Weld County Department of Planning Services sent notice to
nine (9) surrounding property owners (SPOs) within 500 feet of the
proposed USR boundary, and no written correspondence or telephone
calls were received.
D. Section 23-2-230.B.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 this Code or master plans of affected municipalities. The site
is located within the Intergovernmental Agreement (IGA) boundary for the
Towns of Berthoud and Mead. The Town of Berthoud was provided with a
Notice of Inquiry (NOI) form, on July 8, 2022, and planning staff received
no response. The Town of Mead was also provided with a NOI, on July 8,
2022, and returned the NOI, dated July 14, 2022, indicating they would not
seek annexation of this property. The site is located within the three (3) mile
municipal and county referral radius for the Towns of Berthoud and Mead
and Larimer County. The property is located outside of the Town of
Berthoud's Growth Management Area, and the Town of Mead's 2021
Future Land Use map designates this area as A — Agriculture, defined as
around the outside perimeter of the Planning Influence Area. Within the
Town of Mead there are no defined future development plans or sub area
plans for this area.
E. Section 23-2-230.8.5 — The application complies with Articles V and XI of
Chapter 23 if the proposal is located within an overlay zoning district or a
special flood hazard area identified by maps officially adopted by the
county. The property is not located within a mapped Special Flood Hazard
Area, Greeley -Weld County Airport Overlay District, Geologic Hazard
Overlay District, Historic Townsite Overlay District or Municipal Separate
Storm 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 parcel is primarily designated as "Prime Irrigated Farmlands of
National Importance" with a lesser portion of "Other" soils, consisting of
sandy loam and complex soils having a large range, 1-9%, of slope. The
property is not farmed or irrigated and is currently classified as grazing
land, per the Weld County Assessor's Property Reports. There are no
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existing irrigation facilities on or near the site. The proposed facility does
not impact or remove prime agricultural land from the County portfolio. In
the past, the property has been used as a residence with dryland
agriculture, due to the varied topography.
G. Section 23-2-230.B.7 — There are 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 the health, safety, and welfare of the
inhabitants of the neighborhood and County. This proposal has been
reviewed by the appropriate referral agencies and it has been determined
that the attached Conditions of Approval and Development Standards
ensure there are adequate provisions for the protection of the health, safety
and welfare of the inhabitants of the neighborhood and county and will
address and mitigate impacts on the surrounding area with the operation
of this commercial campground.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Clarke and Kristine Stoesz, for a Site Specific
Development Plan and Use by Special Review Permit, USR22-0034, for a Campground 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 address the requirements of the Weld County
Department of Public Health and Environment referral, dated
December 15, 2022, specifically addressing the new installed On -site
Wastewater Treatment System (OWTS) for the campground. Evidence of
such shall be submitted, in writing, to the Weld County Department of
Planning Services.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR22-0034.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) The applicant shall show and label any existing and proposed
structures and any other site improvements and features.
5) The applicant shall show and label the existing and proposed
landscaping.
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6) The applicant shall show and label all surface types, including
concrete, asphalt, gravel, dirt and native cover.
7) The applicant shall show and label all parking areas and trash
enclosures. Parking areas shall conform to Chapter 23, Article IV,
Division 1 of the Weld County Code.
8) The applicant shall show and label any proposed signage. Signs
shall conform to Chapter 23, Article IV, Division 2 of the Weld
County Code.
9) The applicant shall show and label all recorded easements and
rights -of -way on the map by book and page number or Reception
number and recording date.
10) This portion of County Road 5 is under the jurisdiction of the Town
of Mead. Please contact the municipality to verify the right-of-way.
Show and label the right-of-way. Show the approved access on the
site plan and label with the approved Access Permit number, if
applicable.
11) The applicant shall show and label the drainage flow arrows.
12) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map the applicant
shall submit a Mylar map along with all other documentation required as Conditions
of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar map and additional requirements shall be submitted
within 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be
recorded within the required 120 days from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance charge shall be added
for each additional three (3) month period.
4. 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 29th day of March, A.D., 2023.
ATTEST: d ,
Weld County Clerk to the Board
BY:
AP
County Atto ey
Date of signature: oN/'17/23
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Mi eman, Chair
rry . Bu , ro-Tem
EXCUSED
Scott K. J
evin D. Ross
Lori Saine
o
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CLARKE AND KRISTINE STOESZ
USR22-0034
1. Site Specific Development Plan and Use by Special Review Permit, USR22-0034, is for a
Campground 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. The campground is limited to two (2) Tiny Homes with utility connections, as stated in the
application materials.
4. Each Tiny Home shall have one (1) dedicated water tap, as stated in the water service
agreement.
5. The facility shall be limited to two (2) employees, as stated in the application materials.
6. The campground hours of operation are 24 hours a day, 7 days a week, if property owner
is present onsite.
7. The length of stay is limited to 30 days or less.
8. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code.
9. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. 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.
10. 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.
11. Access on the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off -site tracking.
12. The historical flow patterns and runoff amounts on the site will be maintained.
13. 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.
14. 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.
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15. 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 applicant shall operate in accordance with Chapter 14, Article I of the Weld
County Code.
16. 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.
17. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone, as delineated in C.R.S. §25-12-103.
18. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
19. Any On -site Wastewater Treatment Systems (OWTS) located on the property must
comply with all provisions of the Weld County Code, pertaining to OWTS.
20. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
21. 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.
22. The property owner or operator shall be responsible for complying with the Use by Special
Review Design Standards and Operation Standards within Chapter 23, Article II of the
Weld County Code.
23. 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.
24. 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.
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25. 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.
26. 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.
27. 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.
28. 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.
29. 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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