HomeMy WebLinkAbout20191922.tiffRESOLUTION
RE: ACTION OF THE BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN AND
USE BY SPECIAL REVIEW PERMIT, USR19-0007 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, MOTORHOMES, AND 5TH WHEEL TRAILERS) 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 -
KEVIN AND DEANNA DOUGHERTY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 29th day of
May, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the withdrawal request of Kevin and Deanna Dougherty, 20995 CR 2, Brighton, Colorado 80603,
for a Site Specific Development Plan and Use by Special Review Permit, USR19-0007, 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, motorhomes, and 5th wheel trailers)
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:
Part of the SE1/4 of Section 33, Township 1 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the matter was continued to July 10, 2019, to allow adequate
time to re -notice the matter and prepare the case file for review, and
WHEREAS, on July 10, 2019, the applicants were present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the unfavorable
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. B.2 -- The proposed use is not consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
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Carly Koppes, Clerk and Recorder, Weld County, Co
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2019-1922
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DENY SPECIAL REVIEW PERMIT (USR19-0007) - KEVIN AND DEANNA DOUGHERTY
PAGE 2
1) Section 22-2-20.B (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." The applicant is proposing a
commercial use for the Agriculturally Zoned property to provide RV
and boat storage and non-commercial trailer storage. The property
has historically been utilized as a rural residence with dryland
agricultural uses consisting of pasture grasses. This tract of land is
surrounded by rural residential properties on moderate to large
tracts of land, many with moderate to higher -end residences,
agricultural outbuildings, and some properties also are utilized for
dryland agriculture. The Weld County Department of Planning
Services sent notice to nine (9) Surrounding Property Owners.
Planning staff received two (2) letters of concern/opposition from
property owners who live within 500 feet of the proposed
development parcel. The letters listed several common
concerns/issues: 1) The business is not an agricultural related use;
2) Impacts on property values, including re -sale opportunities; 3) A
potential eyesore; 4) Increased traffic on area roads and traffic
impacts; 5) Traffic safety — the potential for staging on CR 2 from
vehicles waiting to enter the facility; and 6) Not compliant with
current land uses and future expectations.
These uses as defined in the request are not supported by the Weld
County Comprehensive Plan and the uses as requested are not
directly related to, or dependent upon, agriculture, and may impact
the surrounding neighborhood and adjacent rural residential
properties through an increase in area traffic and new turning
movements into and out of the property; on -site lighting that will
produce ambient and possibly transient light onto adjacent property
and public rights -of -way and will reduce the dark sky enjoyed by
adjacent property owners; and the potential for new neighborhood
security issues as the facility is open 24 hours a day, seven (7) days
a week.
2) Section 22-2-20.B.3 (A.Policy 2.3) states: "Encourage
development of agriculture and agriculturally related businesses
and industries in underdeveloped areas where existing resources
can support a higher level of economic activity. Agricultural
businesses and industries include those related to ranching,
confined animal production, farming, greenhouse industries,
landscape production and agri-tainment or agri-tourism uses. "The
Board finds that the proposed use is easily distinguished from
another recreational facility in the vicinity, in that facility is an
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Carly Koppes, Clerk and Recorder, Weld County, CO
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2019-1922
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DENY SPECIAL REVIEW PERMIT (USR19-0007) - KEVIN AND DEANNA DOUGHERTY
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agriculturally related business that supports agricultural
fairgrounds/event center, whereas the proposed use is not
agriculturally related.
3) 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 Board finds that the
proposed use cannot reasonably reduce conflicts with surrounding
uses.
4) Section 22-2-40.A (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 Board finds that
the proposed use is urban development that should be
encouraged to locate within a municipality or urban growth area,
and that the proposed site does not fit within any of these
categories.
5) Section 22-2-100.A (C.Goal 1) states: "Promote the location of
commercial uses within municipalities, County Urban Growth
Boundary areas, Intergovernmental Agreement urban growth
areas, growth management areas as defined in municipal
comprehensive plans, the Regional Urbanization Areas, Urban
Development Nodes or where adequate services are currently
available or reasonably obtainable." The Board finds that the
proposed use is urban development that should be encouraged to
locate within a municipality or urban growth area, and that the
proposed site does not fit within any of these categories.
6) Section 22-2-100.B (C.Goal 2) states: "Encourage appropriate
commercial development to annex into a municipality if the new or
expanding commercial development is adjacent to the
municipality's corporate limits."The Board finds that the proposed
site is within three miles of the Town of Lochbuie and is not
annexing into the Town.
B. Section 23-2-230.B.3 — The uses which would be permitted will not be
compatible with existing surrounding land uses. The existing surrounding
land uses are primarily rural residential. The proposed RV storage lot would
be open 24 hours per day, seven (7) days per week, which is not
compatible with rural residential uses, nor the existing agricultural event
center. Further, the proposed use would have a six -foot -tall fence with
barbed wire on top, which is not found anywhere else in the area. The
Board agrees with the Planning Commission that one hundred recreational
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Carly Koppes, Clerk and Recorder, Weld County, CO
2019-1922
PL2670
DENY SPECIAL REVIEW PERMIT (USR19-0007) - KEVIN AND DEANNA DOUGHERTY
PAGE 4
vehicles on a few acres is one very high intensity impact which is
incompatible with the area.
C. Section 23-2-230.6.4 -- The uses which would be permitted will not be
compatible with future development of the surrounding area, as permitted
by the existing zoning, nor with the future development, as projected by
Chapter 22 of the Weld County Code or 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
Town of Lochbuie and Adams County. The Town of Lochbuie requested in
their electronic mail referral dated February 15, 2019 "... a traffic report,
identifying traffic types, volumes and route of travel. The 1-76 and Baseline
Road interchange is experiencing traffic backups, especially on the east
bound off -ramp." Adams County did not return a referral response. The
Town of Lochbuie, in their 2018 Comprehensive Plan Future Land Use
map, designates the lands east of County Road 41 and north of East 168th
Avenue (County Road 2) as Single Family Residential with no commercial
or mixed -use development. This designation allows for conventional single-
family residential neighborhoods developed in areas that provide a sense
of both individual identity neighborhood cohesion in a more compact
arrangement than rural residential. Allowed uses within this designation
include single-family attached dwellings, single-family detached dwellings,
accessory secondary dwelling units and public, quasi -public uses, e.g.,
parks, schools and churches.
D. 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 Board finds that the applicant has not met its burden to
demonstrate the safety of the proposed access location, which the
Department of Public Works recommends be relocated from that proposed
by the applicant. Further, the costs associated with making the access safe,
including the construction of auxiliary lanes, is cost prohibitive.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Kevin and Deanna Dougherty, for a Site Specific
Development Plan and Use by Special Review Permit, USR19-0007, 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, motorhomes, and 5th wheel trailers) 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.
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Carly Koppes, Clerk and Recorder, Weld County, CO
III II
2019-1922
PL2670
DENY SPECIAL REVIEW PERMIT (USR19-0007) - KEVIN AND DEANNA DOUGHERTY
PAGE 5
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of July, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: je-ok.
Weld County Clerk to the Board
BY:
APP
ounty A orney
Date of signature: oi(44 q
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Carly Koppes, Clerk and Recorder, Weld County, CO
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Mike Freeman, Pro-Tem
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2019-1922
PL2670
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