HomeMy WebLinkAbout20193462.tiffRESOLUTION
RE: ACTION OF THE BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN AND
USE BY SPECIAL REVIEW PERMIT, USR99-0030 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) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR
RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO
ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A
(AGRICULTURAL) ZONE DISTRICT — RONALD AND DIANE BAKEL
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 7th day of
August, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Ronald and Diane Baker, 2726 E. State Highway 60, Loveland, Colorado 80537,
for a Site Specific Development Plan and Use by Special Review Permit, USR19-0030, 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)
provided that the property is not a lot in an approved or recorded subdivision plat or part of a map
or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural)
Zone District, on the following described real estate, being more particularly described as follows:
Lot B of Corrected Recorded Exemption, RECX16-
0120; being part of the NE1/4 of Section 4, Township
4 North, Range 68 West of the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing, the applicant was present and represented by Robert Molloy,
Planscapes, 980 Norway Maple, Loveland, Colorado 80538, 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 favorable
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 denied
for the following reasons:
1. It is the opinion of the Board of County Commissioners that the applicant has NOT
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230,8.1 -- The proposed use is not consistent with
Chapter 22, specifically in the following Code references:
4530381 Pages: 1 of 4
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Carly Koppea, CtQrk 8rd Rewarder, Weld County CO
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DENY SPECIAL REVIEW PERMIT (USR19-0030) -- RONALD AND DIANE BAKEL
PAGE 2
1
Section 22-2-20.A (A.Goal 1) states: "Respect and encourage the
continuation of agricultural land uses and agricultural operations for
purposes which enhance the economic health and sustainability of
agriculture." There is an adjacent existing dairy farm that has valid
biosecurity concerns,
2) Section 22-2-20.B (A.Goal 2) states: "Continue the commitment to
viable agriculture in Weld County through mitigated protection of
established (and potentially expanding) agricultural uses from other
proposed new uses that would hinder the operations of the
agricultural enterprises." There is an adjacent existing dairy farm
that has valid biosecurity concerns. Authorizing the proposed use
would hinder the dairy's existing agricultural operations.
a) Section 22-2-20,B.1 (A.Policy 2.1) states: "Adjacent lands
owned or leased by an agricultural operation should be used
in determining allowable animal unit densities."
b) Section 22-2-20.B.2 (A.Policy 2.2) states: "Allow
commercial and industrial uses, which are directly related to
or dependent upon agriculture, to locate within agricultural
areas when the impact to surrounding properties is minimal
or mitigated and where adequate services and infrastructure
are currently available or reasonably obtainable. These
commercial and industrial uses should be encouraged to
locate in areas that minimize the removal of agricultural land
from production."
3) Section 22-2-20.D (A.Goal 4) states: "Promote a quality
environment which is free of derelict vehicles, refuse, litter and other
unsightly materials." The proposed facility would be an unsightly
addition to the area, and could have substantial amounts of
personal storage units and derelict vehicles.
4) Section 22-2-20.1 (A.Goal 9) states: "Reduce potential conflicts
between varying land uses in the conversion of traditional
agricultural lands to other land uses." The proposed facility could
have substantial traffic concerns with a shared access with the
adjacent existing dairy facility, and could raise biosecurity issues
with the dairy.
5) Section 22-2-40 (UD.Goal 1) states: "Concentrate urban
development within existing municipalities, an approved
intergovernmental Agreement urban growth area, the Regional
Urbanization Areas, County Urban Growth Boundary Areas,
Urban Development Nodes or where urban infrastructure is
currently available or reasonably obtainable."The site is within the
4530561 Pages: 2 of 4
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Carly Koppel. Clerk and Recorder, Weld County, CO
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2019-3462
PL2692
DENY SPECIAL REVIEW PERMIT (USR19-0030) -- RONALD AND DIANE BAKEL
PAGE 3
three (3) mile referral area of the Towns of Berthoud and
Johnstown.
B. Section 23-2-230.B.2 -- The proposed use is not consistent with the intent
of the A (Agricultural) Zone District. RV and personal storage is not an
agricultural -related business and would likely interfere with adjacent
existing agricultural -related businesses.
C. Section 23-2-230.B.3 — The proposed use will not be compatible with the
existing surrounding land uses. The RV and personal storage facility would
have a detrimental impact on the existing adjacent dairy operation, both in
terms of traffic and biosecurity.
D. Section 23-2-230.B.4 — The proposed use will not be compatible with the
future development of the surrounding area. The dairy has been in
existence adjacent to the permit site and is expected to continue as a dairy
for the foreseeable future.
E. Section 23-2-230.B,7 — The proposed design and operation standards,
Conditions of Approval, and Development Standards are insufficient to
ensure the health safety, and welfare of the inhabitants of the neighborhood
and County. There are significant concerns related to traffic control and
vehicular access to the site.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Ronald and Diane Bakel, for a Site Specific Development
Plan and Use by Special Review Permit, USR19-0030, for any Use permitted as a Use by Right,
Accessary 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) provided that the property is not a lot in an
approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District, on the parcel of land
described above be, and hereby is, denied.
4°30561 Pages: 3 of 4
10/D8/2D19 02:26 PM R Fee;$0.00
Car 1y Knppes, Clark and Wecordor, Weld County, CO
II III
2019-3462
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DENY SPECIAL REVIEW PERMIT (USR19-0030) - RONALD AND DIANE BAKEL
PAGE 4
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 7th day of August, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, COLORADO
ATTEST: dithvo jdta;eii
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
APPROVED AS T9,P011
Canty
torney
Date of signature: IQ/Q-3/19
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Car1Y KGPPB5, Clerk and Retarder. Wald County CO
14d gi 1 1 IA* ' NV II II I
Barbara Kirkmeyer, ( hair
EXCUSED
Cam' (AYE)
Mike Freeman, Pro-Tem
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Steve Moreno
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2019-3402
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Chloe Rempel
From:
Sent:
To:
Subject:
uspscustomersupport@usps.gov
Friday, February 21, 2020 11:37 AM
Chloe Rempel
Your USPS Service Request #06827069 Has Been Resolved! [ ref:_00Dj0GyYH._
500t0SKJAT:ref I
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Dear Chloe Rempel,
Thank you for taking the time to notify us of your experience. Your USPS®
Service Request 06827069 has been marked as resolved.
This certified letter was in Denver over four months ago. It has
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SUPV CUSTOMER SERVICES
Loveland Valentine: 970-667-5303
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Original Message
From: uspscustomersupport@usps.gov [uspscustomersupport@usps.gov]
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Subject: First Contact for Service Request # 06827069 []
Dear Chloe Rempel,
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Chloe Rempel
From:
Sent:
To:
Subject:
USPS Customer Support <uspscustomersupport@usps.gov>
Thursday, February 20, 2020 4:57 PM
Chloe Rempel
USPS Case Confirmation For Service Request 06827069
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
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Dear Chloe Rempel,
Thank you for contacting the United States Postal Service® and taking the
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