HomeMy WebLinkAbout20191938Planner:
Case Number:
Applicant:
Representative:
Request:
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Description: of the 6'h P.M., Weld County, CO
LAND USE APPLICATION
SUMMARY SHEET
Diana Aungst
USR19-0006
MNR, LLC do William Novell, Leo E. Rieke Family LP, & Goose Creek, LLC
850 South Main Street, Longmont, CO 80501
Front Range Land Solutions c/o Rosi Dennett
210 Lincoln Street, Longmont, CO 80501
Hearing Date: May 7, 2019
A Site Specific Development Plan and Use by Special Review Permit for any Use
Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the
Commercial or Industrial Zone Districts (Indoor storage of RV, boats, trailers, cars,
ATVs, and general residential items) provided that the property is not a lot in an
approved or recorded subdivision plat or lots parts of a map or plan filed prior to
adoption of any regulations controlling subdivisions and a seventy (70) square foot
freestanding sign in the A (Agricultural) Zone District
Lot A of Minor Subdivision MS -18; being a part of the SW4 Section 19, T3N, R68W
Location: East of and adjacent to County Line Road (CR 1) and approximately 0.3 miles north
of State Highway 66
Size of Parcel:
+/- 8 acres Parcel No. 1207-19-0-00-069
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
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:
v
Mountain View Fire Rescue, referral dated February 5, 2019
Colorado Division of Water Resources, referral dated February 11, 2019
Weld County Department of Public Works, referral dated February 26, 2019
Weld County Department of Public Health and Environment, referral dated February 19, 2019
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
y Town of Mead, referral dated January 22, 2019
y City of Longmont, referral dated referral dated February 13, 2019
y Town of Firestone, referral dated referral dated January 23, 2019
y Weld County Zoning Compliance, referral dated January 21, 2019
y Saint Vrain Valley School District RE -1J, referral dated January 22, 2019
The Department of Planning Services' staff has not received responses from the following agencies:
y Boulder County
y Colorado Parks & Wildlife
y Weld County Sheriff's Office
Longs Peak Water District
Saint Vrain Sanitation District
y Longmont Conservation District
USR19-0006 - MNR, LLC
Page 1 of 11
Planner:
Case Number:
Applicant:
Representative:
Request:
Legal
Description:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Diana Aungst
USR19-0006
MNR, LLC Go William Novell, Leo E. Rieke Family LP, & Goose Creek, LLC
850 South Main Street, Longmont, CO 80501
Front Range Land Solutions c/o Rosi Dennett
210 Lincoln Street, Longmont, CO 80501
Hearing Date: May 7, 2019
A Site Specific Development Plan and Use by Special Review Permit for any Use
Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the
Commercial or Industrial Zone Districts (Indoor storage of RV, boats, trailers, cars,
ATVs, and general residential items) provided that the property is not a lot in an
approved or recorded subdivision plat or lots parts of a map or plan filed prior to
adoption of any regulations controlling subdivisions and a seventy (70) square foot
freestanding sign in the A (Agricultural) Zone District
Lot A of Minor Subdivision MS -18; being a part of the SW4 Section 19, T3N, R68W
of the 61h P.M., Weld County, CO
Location: East of and adjacent to County Line Road (CR 1) and approximately 0.3 miles north
of State Highway 66
Size of Parcel:
Case Summary:
+/- 8.69 acres Parcel No. 1207-19-0-00-069
The applicant is requesting a Use by Special Review permit for an indoor self -storage facility doing business
as Family Storage. The self -storage facility will be open to the public and will include one (1) two-story
building and fifteen (15) one-story buildings with an approximate total of 786 units of varying size. These
units will accommodate the indoor storage of RVs, boats, trailers, cars, ATVs, and general residential items
on a commercial basis. All storage will take place within the proposed structures. No outdoor storage of
vehicles, equipment or materials are proposed. The southern access point off of County Road 1 will serve
the storage facility. An existing single-family residence used as a rental, will continue to operate
independently of the storage facility. The northern access point off of County Road 1 will serve the
residence.
The application materials state that two (2) full-time employees and one (1) part-time employee will be
present on -site to manage the facility. An office will be located within the southwest corner of the main
building and will include public restrooms, to be served by a commercial septic and Longs Peak Water
District. Hours of operation will be 6:00 am to 6:00 pm, 7 days a week. The public parking area will be west
of the proposed main building and will include six (6) regular parking stalls and one (1) ADA parking stall.
The applicant has submitted a Landscape Plan, which indicates that eight (8) evergreen trees will be
planted in a row along the north side of the detention pond. Deciduous trees and shrubs will be planted and
rock mulch will be placed around the perimeter of the site to screen the facility from adjacent properties.
Any areas that are disturbed during construction but not covered in asphalt or concrete will be reseeded
with non -irrigated native grasses. Additionally, an entry gate and six-foot (6') wrought -iron decorative
security fence will be located around the perimeter of the site. The existing residence and mature
landscaping around the house should adequately buffer the facility from County Road 1.
USR19-0006 - MNR, LLC
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The applicant proposes one (1) freestanding monument sign with a stone pedestal located in the southwest
portion of the site, north of the facility access point, facing CR 15. The dimensions of the sign are ten by
seven feet (10'x7') or seventy square feet (70 s.f.), which requires approval by the Board of County
Commissioners as the maximum sign area is sixteen square feet (16 s.f.) and the maximum height is six
feet (6') in the Agricultural Zone District per Appendix 23-D of the Weld County Code.
Chemicals, petroleum, and waste materials may be stored on -site within the units as permitted by the Fire
District. No bulk fuel storage, vehicle washing, painting or floor drains, are proposed. The applicant has
indicated that the construction of the site and storage buildings will not be phased.
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.D. A. Goal 4. states "Promote a quality environment which is free of derelict
vehicles, refuse, litter and other unsightly materials."
The applicant indicates that at no time will any RV, vehicle, boat trailer, equipment, material or
personal property be located outdoors on the storage facility grounds. Additionally, because all
the storage will be located indoors, potential crime will be minimized and no unsightly materials
and items will be visible, which promotes a quality environment. The applicant is providing a
dumpster for disposal of trash and is also proposing a dump station to address effluent transfer
from the recreational vehicles to a sealed vault that is pumped on a regular basis by a licensed
service provider.
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.
Productive agricultural activities are not readily supported on this parcel because of the small
lot size. The commercial use is appropriate because it is located in an urbanizing area of the
County which is rapidly developing with residential and commercial uses. The need for this
facility results from residential developments, which are covenant controlled subdivisions that
typically prohibit the storing of RVs, boats, trailers on private property. The proposed facility
provides those residents with the option of utilizing this facility for storage purposes without
violating their HOA covenants.
The existing on -site residence will continue to be used and the proposed landscaping will buffer
potential commercial nuisances from adjacent properties. The storage facility is compatible if
buffered from adjacent residential uses to the north, south and east and County Road 1 to the
west. Furthermore, the property has adequate access to transportation networks with State
Highway 66 being approximately 0.3 miles to the south and the Boulder -Weld County Line
Road being directly west of the site.
Section 22-2-20.H - A. Goal 8. states, "Ensure that adequate services and facilities are currently
available or reasonably obtainable to accommodate the requested new land use change for
more intensive development."
The existing residence is served by Longs Peak Water District and a residential septic system
permitted fort bedrooms (G19850226). The proposed facility will purchase a commercial water
USR19-0006 - MNR, LLC
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tap and will install a commercial septic system. Mountain View Fire Rescue is also working with
the applicant to design the site to meet the safety requirements.
B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
Section 23-3-10 — Intent states, "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." This code section
allows the applicant to apply for a Use by Special Review permit for the subject business which
is more intense than Uses Allowed by Right.
Section 23-3-40.S. — Uses by special review, of the Weld County Code allows, "Any use
permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial
or Industrial zone districts, provided that the property is not a lot in an approved or recorded
subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling
subdivisions." This code section allows the applicant to apply for a USR for a
commercial/industrial operation as the site is not located within a subdivision.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent lands consist of low and medium density residential and agricultural uses. The
closest residence is about 40 feet north of the site.
There are six (6) Use by Special Review Permits issued within one mile of the site. USR-1738
for a home business to the north. USR-1470 for a landscaping, vehicle and equipment
storage/repair to the north. USR-1061 for a 12" gas line to the north. USR12-0010 for a dental
office to the southeast. USR14-0040 for a kennel to the south. USR-1681 for an antique
business and storage to the south.
The Weld County Department of Planning Services sent notice thirteen (13) Surrounding
Property Owners within 500 feet of the site. Planning staff received two (2) letters in opposition
to the USR of the subject USR property. The letter outlined concerns with detention pond
design, traffic impacts, access design and bulk/height of the buildings.
The proposed use is in an area that can support this development and the proposed
landscaping, security fencing, Improvements Agreement, Conditions of Approval and the
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.
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 area of the Town of Firestone, the City of
Longmont and Town of Mead. All three (3) municipalities returned referrals stating no concerns,
dated January 23, February 13, and January 22, 2019 respectively.
The site is located in the Coordinated Planning Agreement (CPA) boundary of the Towns of
Firestone and Mead. As part of the pre -application process, both towns were notified of the
proposal by Planning staff and were provided Notice of Inquiry forms by the applicant. Both
municipalities submitted signed NOI forms, which stated no annexation interest.
The site is not located with a Regional Urbanization Area (RUA) or Urban Growth Boundary
(UGB).
USR19-0006 - MNR, LLC
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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 A -P (Airport) Overlay District, Geologic Hazard Overlay District,
a Special Flood Hazard Area or MS4 area.
Building Permits issued on the lot will be required to adhere to the fee structure of the County -
Wide Road Impact Fee Program.
Building Permits issued on the 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 eastern portion of the parcel is located on soils designated as "Prime (Irrigated) - Farmland
of National Importance" per the 1979 Soil Conservation Service Important Farmlands of Weld
County Map. The western portion of the parcel is designated as "Other". The subject property
is not currently used for agricultural purposes and the USR will not further remove any active
farm ground from production. Due to the small size of the property and being located in a
developing area, it is not suitable for agricultural production.
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 map:
A. The applicant shall address the requirements of Mountain View Fire Rescue regarding water
supply for fire protection, utility plans, building plans, and emergency access, as stated in the
referral response dated February 5, 2019. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services. (Department of Planning Services)
B. The applicant shall address the requirements of the Colorado Division of Water Resources
regarding stormwater management, as stated in the referral response dated February 11,
2019. Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. (Department of Planning Services)
C. The applicant shall submit a Lighting Plan for the facility, addressing pole -mounted lighting,
building -mounted lighting and gate/wayfinding lighting. (Department of Planning Services)
D. 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 future triggered improvements. The Agreement shall include provisions addressing
engineering requirements, submission of collateral, and testing and approval of completed
improvements. (Department of Public Works)
E. 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)
USR19-0006 - MNR, LLC
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F. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0006 (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)
4) Show and label existing and proposed landscaping and the proposed fence.
(Department of Planning Services)
5) Show and label the employee parking area. (Department of Planning Services)
6) Show and label the enclosed or screened trash collection areas. (Department of
Planning Services)
7) Show and label the twenty -foot (20') setback from the edge of the future or existing
right-of-way, whichever is greater. The proposed sign must be located outside of the
setback. (Department of Planning Services)
8) The facility sign shall adhere to the Sign Plan criteria as detailed in the application
materials and as stated in the Development Standards which the Board of County
Commissioners approved on May 29, 2019. 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)
9) County Road 1 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 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) Show and label the approved access locations, approved access width and the
appropriate turning radii (60') on the site plan. Public Works is requiring that the
residential access point, located on County Road 1 approximately 1795 feet north of
Highway 66 be closed and reclaimed. The applicant must obtain an access permit in
the approved location(s) prior to construction. (Department of Public Works)
11) Show and label the approved tracking control on the site plan. (Department of Public
Works)
12) 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)
13) 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)
14) Show and label the drainage flow arrows. (Department of Public Works)
15) Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
USR19-0006 - MNR, LLC
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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 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
map 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. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
5. Prior to Certificate of Occupancy:
A. An On -Site Wastewater Treatment System (OWTS) is required for the proposed facility and
shall be installed according to the Weld County On -Site Wastewater Treatment System
Regulations. The OWTS is required to be designed by a Colorado Registered Professional
Engineer according to the Weld County Individual Sewage Disposal Regulations. (Department
of Public Health and Environment)
6. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency
Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility
operator, the Fire District and the Weld County Office of Emergency Management. Submit
evidence of acceptance to the Department of Planning Services. (Department of Planning
Services)
7. 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)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MNR, LLC - Family Storage
USR19-0006
1. A Site Specific Development Plan and Use by Special Review Permit, USR19-0006, for any Use
Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the Commercial or
Industrial Zone Districts (Indoor storage of RV, boats, trailers, cars, ATVs, and general residential
items) provided that the property is not a lot in an approved or recorded subdivision plat or lots
parts of a map or plan filed prior to adoption of any regulations controlling subdivisions and a
seventy (70) square foot freestanding sign 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 property owner or operator shall provide written evidence of an approved Emergency Action
and Safety Plan on or before March 15'" 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. (Department of Planning Services)
4. The hours of operation are 6:00 am to 6:00 pm, 7 -days a week, as stated in the application
materials. (Department of Planning Services)
5. The public and employee parking areas shall be maintained. (Department of Planning Services)
6. The facility sign shall adhere to the Sign Plan criteria as submitted in the application materials and
as approved by the Board of County Commissioners. The sign will be a permanent, freestanding
sign, seventy (70) square -feet (10'x7') and is located north of the facility's access point.
(Department of Planning Services)
7. 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 existing and proposed landscaping and proposed screening on the site shall be maintained.
(Department of Planning Services)
9. There shall be no outdoor storage of vehicles, equipment, materials, et cetera. No derelict vehicles,
as defined in Section 23-1-90 of the Weld County Code, shall be stored on the site. The site shall
not be utilized as a storage yard, salvage yard or commercial junkyard. No overnight occupation of
any RV or storage unit is permitted. (Department of Planning Services)
10. No hazardous materials shall be stored on site. (Department of Planning Services)
11. 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)
12. 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)
13. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
14. 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)
15. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
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Page 8 of 11
16. The Improvements Agreement for this site may be reviewed on an annual basis, including a site
visit and possible updates. (Department of Public Works)
17. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
18. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Public Works)
19. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
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)
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, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
21. 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)
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. (Department of Public Health
and Environment)
23. This 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)
24. Any septic system located on the property must comply with all provisions of the Weld County
Code, pertaining to Onsite Waste Water Treatment Systems. A permanent, adequate water supply
shall be provided for drinking and sanitary purposes. (Department of Public Health and
Environment)
25. In the event the applicant intends to utilize the existing septic system, permitted as G19850226, for
business use the septic system shall be reviewed by a Colorado registered professional engineer.
The review shall consist of observation of the system and a technical review describing the
system's ability to handle the proposed hydraulic load. The review shall be submitted to the
Environmental Health Services Division of the Weld County Department of Public Health and
Environment. In the event the system is found to be inadequately sized or constructed, the system
shall be brought into compliance with current Onsite Waste Water Treatment Systems regulations.
(Department of Public Health and Environment)
26. RV dump stations shall be connected to an appropriately engineer designed On Site Wastewater
Treatment System which complies with all provisions of the Weld County Code, pertaining to Onsite
Waste Water Treatment Systems. (Department of Public Health and Environment)
27. Adequate drinking, 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 and bottled water 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, shall contain hand sanitizers and be screened from
public view. (Department of Public Health and Environment)
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28. 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)
29. 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. (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. 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.
32. 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.
33. 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.
34. 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.
35. 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 may be 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.
USR19-0006 - MNR, LLC
Page 10 of 11
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, sand burs, 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.
USR19-0006 - MNR, LLC
Page 11 of 11
April 03, 2019
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 400-3524
FAX: (970) 304-6498
ROSI DENNETT. AICP
210 LINCOLN ST
LONGMONT, CO 80501
Subject: USR19-0006 - A Site Specific Development Plan and Use by Special Review Permit for any
Use Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the Commercial or
Industrial Zone Districts (Indoor storage of RV, boats, trailers, cars, ATVs, and general residential items)
provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map
or plan filed prior to adoption of any regulations controlling subdivisions and a seventy (70) square foot
freestanding sign in the A (Agricultural) Zone District
On parcel(s) of land described as:
PART NW4SW4 SECTION 19, T3N, R68W (AKA LOT A MINOR SUB #1207 -19 -3 -MS -18) of the 6th
P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on May 7, 2019, at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on May 29, 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.weldcountyplanningcases.org
Page 2 of 2
If you have any questions concerning this matter, please call.
Respectfully,
VkA.C2LCt,(Iflj,
Diana Aungst
Planner
January 21, 2019
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 400-3524
FAX: (970) 304-6498
Rosi Dennett. AICP
210 Lincoln St
LONGMONT, CO 80501
Subject: USR19-0006 - A Site Specific Development Plan and Use by Special Review Permit for any
Use Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the Commercial or
Industrial Zone Districts (Indoor storage of RV, boats, trailers, cars, ATVs, and general residential items)
provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map
or plan filed prior to adoption of any regulations controlling subdivisions and a seventy (70) square foot
freestanding sign in the A (Agricultural) Zone District
On parcel(s) of land described as:
25570A PT NW4SW4 SECTION 19 T3N R68W (AKA LOT A MINOR SUB #1207 -19 -3 -MS -18) 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.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within
the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a
copy of the submitted materials to the following Planning Departments for their review and
comments:
Firestone at Phone Number 303-833-3291
Longmont at Phone Number 303-651-8601
Mead at Phone Number 970-535-4477
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
Diana Aungst
Planner
FIELD CHECK
Inspection Date: 4/25/2019
Planner:
Case Number:
Applicant:
Representative:
Request:
Legal
Description:
Location:
Size of Parcel:
Diana Aungst
USR19-0006
MNR, LLC c/o William Novell, Leo E. Rieke Family LP, & Goose Creek, LLC
850 South Main Street, Longmont, CO 80501
Front Range Land Solutions c/o Rosi Dennett
210 Lincoln Street, Longmont, CO 80501
Hearing Date: May 7, 2019
A Site Specific Development Plan and Use by Special Review Permit for any Use
Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the
Commercial or Industrial Zone Districts (Indoor storage of RV, boats, trailers, cars,
ATVs, and general residential items) provided that the property is not a lot in an
approved or recorded subdivision plat or lots parts of a map or plan filed prior to
adoption of any regulations controlling subdivisions and a seventy (70) square foot
freestanding sign in the A (Agricultural) Zone District
Lot A of Minor Subdivision MS -18; being a part of the SW4 Section 19, T3N, R68W
of the 6th P.M., Weld County, CO
East of and adjacent to County Line Road (CR 1) and approximately 0.3 miles north
of State Highway 66
+/- 8 acres
Parcel No. 1207-19-0-00-069
Zoning
Land Use
N
A (Agricultural)
N
Rural Residential
E
A (Agricultural)
E
Rural Residential
S
A (Agricultural)
S
Agricultural
W
Boulder County
W
Rural Residential
COMMENTS:
There is one residence on site. There are two existing access points into the site. The southern access
point will serve the proposed facility. The northern access will exclusively be used by the residence. East
of the residence are several outbuildings, sheds and pens. The site slopes upwards towards the east.
The eastern portion of the site is currently a pasture. An access road continues straight, towards the east
off of the southern access point, and serves the residence directly to the east. No commercial activity was
observed.
Michael Hall, Planner
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