HomeMy WebLinkAbout20191526.tiffRESOLUTION
RE: ACTION OF THE BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN AND
USE BY SPECIAL REVIEW PERMIT, USR18-0125, FOR A USE PERMITTED AS A USE
BY RIGHT, ACCESSORY USE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL
OR INDUSTRIAL ZONE DISTRICTS (RV AND BOAT STORAGE, TWO DUMP
STATIONS, A 100,000 -GALLON FIRE SUPPRESSION TANK, STEEL FRAMED
ENCLOSED AND COVERED PARKING GARAGES, ONE 6,000 -SQUARE -FOOT
STEEL FRAMED RV MAINTENANCE SHOP WITH OFFICE AND SECURITY LIVING
QUARTERS), 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 - HIGH PLAINS RV STORAGE AND
SERVICE, LLC
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 24th day of
April, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of High Plains RV Storage and Service, LLC, 15104 St. Paul Street, Thornton,
Colorado 80602, for a Site Specific Development Plan and Use by Special Review Permit,
USR18-0125, for a Use permitted as a Use by Right, Accessory Use or Use by Special Review
in the Commercial or Industrial Zone Districts (RV and boat storage, two dump stations, a
100,000 -gallon fire suppression tank, steel framed enclosed and covered parking garages, one
6,000 -square -foot steel framed RV maintenance shop with office and security living quarters),
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 A of Recorded Exemption, RE -4435; being part
of the N1/2 SE1/4 NE1/4 of Section 33, Township 1
North, Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was 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 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:
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Carly Koppes, Clerk and Recorder. Weld County, CO
cc PLC Kot-rP),
Pw C (11IYl) , 2019-1526
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DENY SPECIAL REVIEW PERMIT (USR18-0125) - HIGH PLAINS RV STORAGE AND
SERVICE, LLC
PAGE 2
A. Section 23-2-230.B.1 -- The proposed use is not consistent with
Chapter 22, specifically in the following Code references:
1) Section 22-2-10.B states: "The intent of the agricultural Goals is to
support all forms of the agricultural industry and, at the same time,
to protect the rights of the private property owners to convert their
agricultural lands to other appropriate land uses. The County
recognizes the importance of maintaining large contiguous parcels
of productive agricultural lands in non -urbanizing areas of the
County to support the economies of scale required for large
agricultural operations." The use does not relate to the intent of
agriculture.
2) 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." The use does not enhance the economic health or
sustainability of agriculture.
3) 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." Section 22-2-20.B (A.Goal 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
availab'e or reasonably obtainable. These commercial and
industrial uses should be encouraged to locate in areas that
minimize the removal of agricultural land from production." The use
is not related to agriculture in any way.
4) Section 22-2-20.C (A.Goal 3) states: "County land use regulations
recognize and respect the rights afforded by the State Constitution
and associated statutes of individually decreed water rights. Water
rights are considered real property and should be protected as any
other private property right." The use is inconsistent with the
referral from Farmers Reservoir and Irrigation Company (FRICO)
and does not protect the water rights of shareholders.
5) 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 use would be unsightly and
would is not a low impact use.
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Carly Koppes. Clerk and Recorder. Weld County CO
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2019-1526
PL2663
DENY SPECIAL REVIEW PERMIT (USR18-0125) - HIGH PLAINS RV STORAGE AND
SERVICE, LLC
PAGE 3
6) Section 22-2-20.H.3 (A.Policy 8.3) states: "The land use applicants
should demonstrate that the roadway facilities associated with the
proposed development are adequate in width, classification and
structural capacity to serve the proposed land use change." The
roadway is a private easement and does not demonstrate adequate
width or structural capacity.
7) Section 22-6-20.C.1 (ECON.Policy 3.1) states: "County activities
and regulation should protect the rights of private property owners
and the public health, safety and welfare, recognizing that these
basic rights and protections allow the free market to prosper and
grow the local economy." The rights of the property owners that
already live in the community need to be upheld.
Section 23-2-230.B.2 -- The proposed use is not consistent with the intent
of the A (Agricultural) Zone District. The use does not relate to the intent of
agriculture in any way. The RV storage facility is not compatible with an
established rural residential area. The adjacent lands consist of pasture,
small crop production, obsolete egg production facilities and rural
residences.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The use is not compatible with
existing land uses. The RV storage facility is not compatible with an
established rural residential area. The adjacent lands consist of pasture,
small crop production, obsolete egg production facilities and rural
residences.
D. Section 23-2-230.B.6 -- The use is proposed to be located in the
A (Agricultural) Zone District, the applicant has not demonstrated a diligent
effort has been made to conserve prime farmland in the locational decision
for the proposed use.
E. Section 23-2-230.B.7 -- There is not adequate provision for the protection
of the health, safety and welfare of the inhabitants of the neighborhood and
the County. The proposed access is not suitable, the anticipated noise
levels would not be mitigated, the applicants did not conduct a landscaping
plan, FRICO has expressed concerns with drainage, and there is limited
law enforcement in the area.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of High Plains RV Storage and Service, LLC, for a Site
Specific Development Plan and Use by Special Review Permit, USR18-0125, fora Use permitted
as a Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone
Districts (RV and boat storage, two dump stations, a 100,000 -gallon fire suppression tank, steel
framed enclosed and covered parking garages, one 6,000 -square -foot steel framed RV
maintenance shop with office and security living quarters), provided that the property is not a lot
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06/18/2019 03:47 PM R Fee:$0.00
Carly Koppes: Clerk and Recorder. Weld County, CO 2019-1526
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DENY SPECIAL REVIEW PERMIT (USR18-0125) - HIGH PLAINS RV STORAGE AND
SERVICE, LLC
PAGE 4
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of April, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLOADO
ATTEST: dialiNvJC,
Weld County Clerk to the Board
BY: /1L0,t,c•(-�
Deputy Clerk to the Board
APPD AS
Date of signature: O(ol ti net
c • untorney
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Carly Koppes, Clerk and Recorder. Weld County: 00
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/Barbara Kirkmeyer, hair
Mike Freeman, Pro-Tem
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Steve Moreno
2019-1526
PL2663
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