HomeMy WebLinkAbout20193464.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: C. Gathman Hearing Date: July 16, 2019
Case Number: USR19-0030
Applicant: Kevin Bakel
Representative: Robert Molloy - Planscapes
Request: A Site Specific Development Plan and Use by Special Review Permit for any Uses by
Special Review, Accessory Uses and Use by Right in the Commercial and Industrial
Zone Districts (Outdoor Storage of RVs, Boats, Tractor Trailers, Personal Vehicles and
Equipment, indoor storage and up to 600 cargo containers to be used for personal
storage) in the A (Agricultural) Zone District. This proposed USR also includes a
requested waiver from the Weld County sign requirements delineated in Chapter 23 of
the Weld County Code to allow two (2) fifteen (15) square -foot temporary signs, two (2)
18 -square foot permanent free-standing signs and two (2) permanent 32 -square foot
building signs.
Legal
Description:
Part of the E2NE4 of Section 4, T4N, R68W of the 61h PM, Weld County, Colorado
Location: East of and adjacent to County Road 7 and south of and adjacent to State Highway 60.
Size of Parcel:
+1- 15.77 acres Parcel No. 106104100052
The criteria for review of this Special Review Permit is 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:
y Weld County Department of Public Health and Environment, referral dated May 20, 2019
y Weld County Department of Public Works, referral dated June 26, 2019
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Weld County Zoning Compliance, referral dated April 30, 2019
y Colorado Department of Transportation, referral dated July 8, 2019
The Department of Planning Services' staff has not received responses from the following agencies:
"t/ "t/ "t/ "t/ "t/ "t/ "t/ "t/ "t/
Weld County Department of Building Inspection
Weld County Sheriff's Office
Colorado Parks and Wildlife
Town of Johnstown
Town of Berthoud
Larimer County
Berthoud Fire Protection District
School District RE -2J
Big Thompson Soil Conservation District
USR19-0030 — Bakel
Page 1
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: C. Gathman Hearing Date: July 16, 2019
Case Number: USR19-0030
Applicant: Kevin Bakel
Representative: Robert Molloy - Planscapes
Request: A Site Specific Development Plan and Use by Special Review Permit for any Uses by
Special Review, Accessory Uses and Use by Right in the Commercial and Industrial
Zone Districts (Outdoor Storage of RVs, Boats, Tractor Trailers, Personal Vehicles and
Equipment, indoor storage and up to 600 cargo containers to be used for personal
storage) in the A (Agricultural) Zone District. This proposed USR also includes a
requested waiver from the Weld County sign requirements delineated in Chapter 23 of
the Weld County Code to allow two (2) fifteen (15) square -foot temporary signs, two (2)
18 -square foot permanent free-standing signs and two (2) permanent 32 -square foot
building signs.
Legal
Description:
Part of the E2NE4 of Section 4, T4N, R68W of the 61h PM, Weld County, Colorado
Location: East of and adjacent to County Road 7 and south of and adjacent to State Highway 60.
Size of Parcel: +1- 15.77 acres Parcel No. 106104100052
Case Summary:
The applicant is proposing outdoor and indoor RV storage along with mini storage. Two accesses are
proposed (one directly onto State Highway 60 west of and adjacent to an existing dairy facility (USR-590
for up to 2000 cows) and one access directly onto County Road 7 across from an adjacent access. The
site will be accessible by gate 24 hours a day, 7 days a week. No outside employees are proposed.
County Road 7 has since been relocated to the west (the western access is proposing to access onto this
road). The proposed eastern access location is onto the former location of County Road 7 (there is still an
access utilized by the existing dairy as well as residences). Currently there is still right-of-way in this
location and this is open to the public.
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 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of agricultural land to nonurban
residential, commercial and industrial uses should be accommodated when the subject site
is in an area that can support such development, and should attempt to be compatible with
the region."
USR19-0030 — Bakel
Page 2
The property is not in agricultural production and the majority of the property is delineated
as "Non -Prime" soils for agricultural purposes. The site directly borders a state highway
(State Highway 60) and is in close proximity to Interstate 25. A landscape plan is required
to screen the facility from adjacent properties and uses and will address compatibility with
the region.
22-2-100 E. C. Goal 5. states: "Minimize the incompatibilities that occur between
commercial uses and surrounding properties."
Screening and development standards limiting the types of vehicles stored on -site (no
commercial vehicles and derelict vehicles) will serve to minimize incompatibilities
between this proposed facility and the surrounding area.
22-2-100 E C.Policy 5.2. states: "Support the use of visual and sound barrier
landscaping to screen open storage areas from residential uses or public roads."
A portion of the site will be screen by the proposed RV and mini -storage buildings and a
landscaping and screening plan is attached as a condition of approval to screen other
areas of the site from adjacent properties and rights -of -way.
The proposed use is in an area that can support this development and the existing
screening, the Development Standards, and 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.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District. Section 23-3-40.S allows for a Site -Specific Development Plan
and Use by Special Review Permit for any Use Permitted as a Use by Right, Accessory
Use or Use by Special Review in the Commercial or Industrial Zone Districts (Outdoor
Storage of RVs, Boats, Tractor Trailers, Personal Vehicles and Equipment, indoor storage
and up to 600 cargo containers to be used for personal storage) in the A (Agricultural) Zone
District.
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 without the interference of other,
incompatible land Uses. The A (Agricultural) Zone District is also intended to provide
areas for the conduct of Uses by Special Review which have been determined to be more
intense or to have a potentially greater impact than Uses Allowed by Right. The A
(Agricultural) Zone District regulations are established to promote the health, safety and
general welfare of the present and future residents of the County.
The proposed RV facility is on land primarily delineated as Non -Prime. The facility is
located adjacent to a State Highway (Highway 60) and is located 1 -mile to the west of
Interstate 25. The intersection at County Road 7 and State Highway 60 has existing stop
signs on County Road 7 from the north and south.
Development standards and conditions of approval (including a landscape and screening
plan) will address impacts from the facility that are potentially greater than uses by right in
the Agricultural Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
USR19-0030 — Bakel
Page 3
The proposed RV facility is located adjacent to an existing dairy facility to the east (USR-
576) for a dairy for up to 2,000 cows. A rural residential subdivision (six residences that
share two access points on either side of the County Road approximately 600 -feet north of
State Highway 60. The Nearest residence to the north is located approximately 500 -feet
north of the property. Property under common ownership is located west of County Road
7.
The proposed facility is located adjacent to a State Highway (Highway 60) and is located
approximately 1 -mile from Interstate 25.
One letter of concern/objection was received from the existing dairy facility (USR-590) to
the east of the site. The applicant expressed concerns/objections to sharing the proposed
eastern access point with the dairy facility due to biosecurity concerns and concerns with
traffic conflicts with existing agricultural equipment being utilized with the dairy facility.
Another letter of objection was received from a surrounding property owner located to the
north of State Highway 60. The primary objection was traffic and lack of notification.
Property owners located in Larimer County (to the north of the site) have since been notified
of this application and the upcoming hearings.
The Conditions of Approval require that the applicant submit an Improvements Agreement
(for roads and traffic) and a Landscaping/Screening Plan. 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.
The applicant is requesting a waiver from the Weld County sign requirements delineated
in Chapter 23 of the Weld County Code to allow two (2) fifteen (15) square -foot temporary
signs, two (2) 18 -square foot permanent free-standing signs and two (2) permanent 32 -
square foot building signs. The property has two frontages (Highway 60 and County Road
7). Therefore, staff is in support of the permanent free-standing signs and building signs.
Staff is not in support of the temporary signs as temporary signs as are delineated as signs
that apply to "for sale" and "for rent" situations.
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 three (3) mile referral areas of the Town of Berthoud and
Town of Johnstown. The site is not located within a Cooperative Planning Agreement (IGA)
or Urban Growth Boundary as defined in Chapter 22 of the Weld County Code.
The Town of Johnstown responded via an electronic mail referral dated July 10, 2019 that
their main concern was screening of the site from public rights -of -way. The Town requests
a solid/75% opaque fencing along the south, west and north.
A condition of approval requiring a landscape/screening plan has been attached.
No referral response has been received from the Town of Berthoud regarding this case.
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 within the Geologic Hazard Overlay District, a Special Flood Hazard
Area or the Airport 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.
USR19-0030 — Bakel
Page 4
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 proposed facility is located on approximately 15.77 acres. The majority of the property
is delineated as 'Irrigated non -prime" and "Other" with a small area delineated as "Prime"
per the 1979 Soil Conservation Service Important Farmlands of Weld County Map.
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 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 plat:
A. If an access onto County Road 7 is approved, an Improvements and Road Maintenance
Agreement is required for off -site improvements at this location. Road maintenance includes,
but is not limited to, damage repair to specified haul routes and triggered improvements. The
Agreement shall include provisions addressing engineering requirements, submission of
collateral, and testing and approval of completed improvements. (Department of Public
Works)
B. A Final Drainage Report and Certification of Compliance stamped and signed by a
Professional Engineer registered in the State of Colorado is required. (Department of Public
Works)
C. The applicant shall submit a Lighting Plan. (Department of Planning Services)
D. The applicant shall submit a Screening/Landscape Plan that screens the site from the
Surrounding Property Owners and the right-of-way for review and approval by the Board of
County Commissioners. The areas not screened by proposed buildings shall be screened by
either a solid opaque fence or a combination of a solid opaque fence and landscape. A
landscape maintenance and irrigation plan shall be provided for any proposed landscaping.
(Department of Planning Services)
E. The applicant should have sign -off from the adjacent property owners that they are aware of
the change in use and additional traffic on the easement or roadway. (Department of Public
Works)
F. The plat shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR19-0030 (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)
USR19-0030 — Bakel
Page 5
4. The applicant shall delineate on the map the trash collection areas. Section
23-3-350.H of the Weld County Code addresses the issue of trash collection areas.
(Department of Planning Services)
5. The map shall delineate the landscaping and/or screening. (Department of Planning
Services)
6. The map shall delineate the lighting which shall adhere to the Weld County Code.
(Department of Planning Services)
7. The four (4) signs shall adhere to the criteria stated in the Development Standards as
approved by the Board of County Commissioners on . All other signs shall adhere to
Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld
County Code. (Department of Planning Services)
8. The map shall delineate the parking area for the vendors, customers and/or
employees. (Department of Planning Services)
9. West of the USR parcel, County Road 7 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. (Department
of Public Works)
10. East of the USR Parcel, County Road 7 Section Line is shown to have 60 feet of
unmaintained section line right-of-way per the Weld County GIS right-of-way map. The
applicant shall delineate the existing right-of-way on the site plan. Show and label the
section line Right -of -Way as "CR 7 Section Line Right -Of -Way, not County
maintained." All setbacks shall be measured from the edge of right-of-way.
(Department of Public Works)
11. Show and label the approved access locations, approved access width and the
appropriate turning radii (60') on the site plan. The applicant must obtain an access
permit in the approved location(s) prior to construction. (Department of Public Works)
12. Show the approved Colorado Department of Transportation (CDOT) access(es) on the
site plan and label with the approved access permit number if applicable. (Department
of Public Works)
13. Show and label the approved tracking control on the site plan. (Department of Public
Works)
14. 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.
(Department of Public Works)
15. 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. (Department of Public Works)
16. Show and label the drainage flow arrows. (Department of Public Works)
17. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
USR19-0030 — Bakel
Page 6
18. Show and label all recorded easements on the map by book and page number or
reception number and date on the site plan. (Department of Public Works)
19. The applicant shall indicate specifically on the map the type of right-of-way/easement
and indicate whether it is dedicated, private, or deeded to provide adequate access to
the parcel. (Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services.
Upon approval of the plat the applicant shall submit a Mylar plat along with all other documentation
required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat
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 Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
plat not be recorded within the required one hundred twenty (120) days from the date of the Board
of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj)
with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN
StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to
maps@co.weld.co.us. (Department of Planning Services)
5. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required.
(Department of Public Works)
B. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
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)
USR19-0030 — Bakel
Page 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Bakel
USR19-0030
1. A Site -Specific Development Plan and Use by Special Review Permit, USR19-0030, for any Uses by
Special Review, Accessory Uses and Use by Right in the Commercial and Industrial Zone Districts
(Outdoor Storage of RVs, Boats, Tractor Trailers, Personal Vehicles and Equipment, indoor storage
and up to 600 cargo containers to be used for personal storage) in the A (Agricultural) Zone District.
This proposed USR also includes a requested waiver from the Weld County sign requirements
delineated in Chapter 23 of the Weld County Code to allow two (2) fifteen (15) square -foot temporary
signs, two (2) 18 -square foot permanent free-standing signs and two (2) permanent 32 -square foot
building signs 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. The hours of operation are 24 -hours a day, 7 days a week via an electronic gate. (Department of
Planning Services)
4. There will be no onsite employees as stated in the application materials. (Department of Planning
Services)
5. No derelict vehicles, as defined in Section 23-1-90 of the Weld County Code, shall be stored on the
site. (Department of Planning Services)
6. All vehicles located within the RV storage area must be operation with current license plates and tags.
(Department of Planning Services)
7. There shall be no outside storage of industrial and/or commercial vehicles, equipment or materials
(Department of Planning Services)
8. The two (2) proposed wall signs and two (2) free-standing signs shall adhere to the below criteria as
approved by the Board of County Commissioners.
1) The two (2) permanent free-standing signs shall not exceed 18 -square feet per each individual sign
face.
2) The two (2) building signs shall not exceed thirty-two (32) square feet per each individual sign face.
The wall sign shall not project above the height of the building.
9. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
10. The existing and proposed landscaping and screening on the site shall be maintained. (Department of
Planning Services)
11. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 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)
12. 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, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment)
USR19-0030 — Bakel
Page 8
13. 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)
14. 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)
15. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
16. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to Onsite Waste Water Treatment Systems. (Department of Public Health and Environment)
17. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
18. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility,
at all times. For 10 or less customers or visitors per day, and 2 or less full-time employees on site,
portable toilets are acceptable. Records of maintenance and proper disposal for portable toilets shall
be retained on a quarterly basis and available for review by the Weld County Department of Public
Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County,
contain hand sanitizers and be screened from existing adjacent residential properties and public rights -
of -way. (Department of Public Health and Environment)
19. 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)
20. 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. (Department of Public Works)
21. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking. (Department of Public Works)
22. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
23. 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. (Department of Public Works)
24. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
25. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit
and possible updates. (Department of Public Works)
26. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be
the responsibility of Weld County. (Department of Public Works)
27. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
28. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
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Page 9
29. 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)
30. Building permits may be required, for any new construction or set up manufactured structure, per
Section 29-3-10 of the Weld County Code. A building permit application must be completed and
submitted. 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 Residential Code; 2006 International Energy Code;
2017 National Electrical Code; and Chapter 29 of the Weld County Code. A plan review shall be
approved, and a permit must be issued prior to the start of construction.
31. 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)
32. 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)
33. 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)
34. 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)
35. 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 person 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.
36. 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 maybe 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.
USR19-0030 — Bakel
Page 10
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.
USR19-0030 — Bakel
Page 11
June 04, 2019
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: cgathman@weldgov.com
PHONE: (970) 400-3537
FAX: (970) 304-6498
MOLLOY ROBERT
980 NORWAY MAPLE DRIVE
LOVELAND, CO 80538
Subject: USR19-0030 - A Site Specific Development Plan and Use by Special Review Permit for any
Uses by Special Review, Accessory Uses and Use by Right in the Commercial and Industrial Zone
Districts (Outdoor Storage of RVs, Boats, Tractor Trailers, Personal Vehicles and Equipment, indoor
storage and up to 600 cargo containers to be used for personal storage) in the A (Agricultural) Zone
District. This proposed USR also a includes a requested waiver from the Weld County sign requirements
delineated in Chapter 23 of the Weld County Code to allow two (2) fifteen (15) square -foot temporary
signs, two (2) 18 -square foot permanent free-standing signs and two (2) permanent 32 -square foot
building signs.
On parcel(s) of land described as:
LOT B CORR EXEMPT RECX16-0120, PART NE4 SECTION 4, T4N, R68W of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on July 16, 2019, at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on August 7, 2019 at 10:00
a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O
Street, Greeley, Colorado. It is recommended that you and/or a representative 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
www.weldcountyplanninqcases.orq
Page 2 of 2
If you have any questions concerning this matter, please call.
Respectfully,
1
Chris Gathman
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: cgathman@weldgov.com
PHONE: (970) 400-3537
FAX: (970) 304-6498
April 29, 2019
MOLLOY ROBERT
980 NORWAY MAPLE DRIVE
LOVELAND, CO 80538
Subject: USR19-0030 - A Site Specific Development Plan and Use by Special Review Permit for any
Uses by Special Review, Accessory Uses and Use by Right in the Commercial and Industrial Zone
Districts (Outdoor Storage of RVs, Boats, Tractor Trailers, Personal Vehicles and Equipment, indoor
storage and up to 600 cargo containers to be used for personal storage) in the A (Agricultural) Zone
District. This proposed USR also a includes a requested waiver from the Weld County sign requirements
delineated in Chapter 23 of the Weld County Code to allow two (2) fifteen (15) square -foot temporary
signs, two (2) 18 -square foot permanent free-standing signs and two (2) permanent 32 -square foot
building signs.
On parcel(s) of land described as:
LOT B CORR EXEMPT RECX16-0120, PART NE4 SECTION 4, T4N, R68W of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
If you have any questions concerning this matter, please call.
Respectfully,
Chris Gathman
Planner
FIELD CHECK inspection dates: 7/6/2019
APPLICANT: Kevin Bakel
CASE #: USR19-0030
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for any Uses by Special
Review, Accessory Uses and Use by Right in the Commercial and Industrial Zone Districts
(Outdoor Storage of RVs, Boats, Tractor Trailers, Personal Vehicles and Equipment, indoor
storage and up to 600 cargo containers to be used for personal storage) in the A
(Agricultural) Zone District. This proposed USR also includes a requested waiver from the
Weld County sign requirements delineated in Chapter 23 of the Weld County Code to allow
two (2) fifteen (15) square -foot temporary signs, two (2) 18 -square foot permanent free-
standing signs and two (2) permanent 32 -square foot building signs..
LEGAL: Part of the E2NE4 of Section 4, T4N, R68W of the 6th PM, Weld County, Colorado
LOCATION: East of and adjacent to County Road 7 and south of and adjacent to State Highway 60.
PARCEL ID #s: 1061-04-1-00-052
ACRES:
+/- 15.77 acres
Zoning
Land Use
N
A
N
Rural Residential (Larimer County)
E
A
E
Dairy
S
A
S
SF residence to SE
W
A
W
SF residence/rangeland
COMMENTS:
Vacant parcel.
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Chris Gathman - Planner III
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