HomeMy WebLinkAbout20191924.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Diana Aungst Hearing Date: May 7, 2019
Case Number: USR19-0007
Applicant: Kevin and Deanna Dougherty, 20995 County Road 2, Brighton, CO 80603
Request: 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, (outdoor storage of RVs, boats, motorhomes, and fifth wheel trailers) 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 in the A (Agricultural)
Zone District.
Legal Part of the SE4 Section 33, Township 1 North, Range 65 West of the 6'" P.M., County of Weld,
Description: State of Colorado
Location: North of and adjacent to County Road 2; Approximately one mile west of County Road 45
Size of Parcel: +/- 6.4 acres Parcel No. 1473-33-0-00-057
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:
F Town of Lochbuie, referral dated February 15, 2019
y Colorado Division of Water Resources, referral dated January 25, 2019
y Weld County Department of Public Works, referral dated February 19, 2019
y Weld County Department of Public Health and Environment, referral dated February 12, 2019
The Department of Planning Services' staff has received referral responses without comments from the following
agencies:
Weld County Zoning Compliance, referral dated January 21, 2019
Weld County School District, RE -3J, referral dated January 31, 2019
The Department of Planning Services' staff has not received responses from the following agencies:
V V V V V
Adams County
Colorado Parks and Wildlife
Weld County Sheriff's Office
Hudson Fire Protection District
West Adams Conservation District
Kevin and Deanna Dougherty - USR19-0007
Page 1
ADMINISTRATIVE REVIEW
Planner: Diana Aungst Hearing Date: May 7, 2019
Case Number: USR19-0007
Applicant: Kevin and Deanna Dougherty, 20995 County Road 2, Brighton, CO 80603
Request: 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, (outdoor storage of RVs, boats, motorhomes, and fifth wheel trailers) 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 in the A (Agricultural)
Zone District.
Legal Part of the SE4 Section 33, Township 1 North, Range 65 West of the 6'" P.M., County of Weld,
Description: State of Colorado
Location: North of and adjacent to County Road 2; Approximately one mile west of County Road 45
Size of Parcel: +/- 6.4 acres Parcel No. 1473-33-0-00-057
Case Summary:
The property located at 20995 County Road 2 will be used as an RV, Boat and non-commercial trailer
storage facility on lands that are also the Dougherty residence. There will be a single 64 square feet in size
building that will serve as an office and contain security and monitoring equipment, with electrical service
only. The facility will be enclosed by chain link fencing with n outrigger of three strand barb wire and will
have a single security gate at the entry/exit point. The remainder of the property will be open parking spaces
for up to one hundred (100) RVs. The property will have numerous security cameras strategically located
throughout the property, along with lighting. Landscaping will be around the perimeter of the pond and
adjacent to the entry/exit point consists of decorative rock and turf.
The application materials state the RV storage customers will have a key card that will allow them access
to the property through a mechanized gate 24 -hours a day.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE DENIED
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 not 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 not consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect.
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
Kevin and Deanna Dougherty - USR19-0007
Page 2
properties is minimal or mitigated and where adequate services and infrastructure are currently available
or reasonably obtainable...."
The applicant is proposing a commercial use for the Agricultural Zoned property to provide a 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, 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:
• The business is not an agricultural related use;
• Impacts on property values, including re -sale opportunities;
• A potential eyesore;
• Increased traffic on area roads and traffic impacts;
• Traffic safety — the potential for staging on CR 2 from vehicles waiting to enter the facility;
• 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 days a week.
B. 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 Town of Lochbuie and Adams County. The
Town of Lochbuie states in their electronic mail referral dated February 15, 2019 " ... requested 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.
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.
Kevin and Deanna Dougherty - USR19-0007
Page 3
Should the Planning Commission approve the proposal, the Department of Planning Services recommends the
following conditions:
1. Prior to recording the USR map:
A. The applicant shall provide written evidence that the Division of Water Resources Well permit number
53138 is plugged and abandoned. The applicant must submit a Well Abandonment Report (Form GWS-
9) to the State Engineer's Office to affirm that the old well plugged and abandoned. Evidence of such
shall be submitted, in writing, to the Weld County Department of Planning Services. (Department of
Planning Services)
B. A Road Maintenance Agreement is required at this location. Road maintenance includes, but is not
limited to, damage repair to specified haul routes. (Department of Public Works)
C. 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)
D. A Lighting Plan, including cut sheets of the intended lights, shall be provided to the Department of
Planning Services for review and approval. The lighting plan shall adhere to the lighting requirements for
off-street parking spaces per Section 23-4-30.E of the Weld County Code and shall adhere to the lighting
standards, in accordance with Section 23-3-360.F and Section 23-2-250.D of the Weld County Code.
Further, the approved Lighting Plan shall be delineated on the plat. (Department of Planning Services)
E. The applicant shall submit a screening plan for review and approval by the Department of Planning
Services. In addition to the screening provided adjacent to County Road 2, the screening plan shall
address screening from residential properties to the south, north and east of the proposed use.
(Department of Planning Services)
F. The applicant shall submit a sign plan for review and approval by the Department of Planning Services.
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)
G. The applicant shall submit a parking layout plan in accordance with Chapter 23, Appendix 23-A of the
Weld County Code for review and approval by the Department of Planning Services. (Department of
Planning Services)
H. The USR map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR19-0007 (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. 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 as approved by the Department of
Planning Services. (Department of Planning Services)
6. The map shall delineate the lighting per Section 23-4-30.E of the Weld County Code and shall adhere
to the lighting standards, in accordance with Section 23-3-360.F and Section 23-2-250.D of the Weld
County Code. (Department of Planning Services)
Kevin and Deanna Dougherty - USR19-0007
Page 4
7. All signs shall be shown on the map and 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 show the parking layout spaces and internal travel lanes in accordance with Appendix
23-A of the Weld County Code.
9. County Road 2 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. County Road 43 Section Line is shown to have 0 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 43 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 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 a 30 -foot minimum access and utility easement to provide legal access to the parcel
on the site plan, if applicable. (Department of Public Works)
14. 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)
15. Show and label the drainage flow arrows. (Department of Public Works)
16. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around
the property. (Department of Public Works)
17. The map shall delineate the parking area for customers and/or employees for the facility. (Department
of Planning Services)
18. Show and label all existing oil and gas wells and tank batteries including setbacks. (Department of
Planning Services)
19. 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 Planning Services)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy (.pdf)
of the USR map for preliminary approval to the Weld County Department of Planning Services. Upon approval
of the USR map the applicant shall submit a Mylar USR map along with all other documentation required as
Conditions of Approval. The Mylar USR map shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. The USR map shall be prepared in accordance with the
requirements of Section 23-2-260.D of the Weld County Code. The Mylar USR map and additional
requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County
Kevin and Deanna Dougherty - USR19-0007
Page 5
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 USR 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 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 the release of Building Permits:
A. The application shall provide the letter of notification from the Hudson Fire Rescue District prior to any
new construction. (Department of Building Inspection)
6. Prior to operation of the Maintenance Shop:
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)
Kevin and Deanna Dougherty - USR19-0007
Page 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Kevin and Deanne Dougherty
USR19-0007
1. A Site Specific Development Plan and Use by Special Review Permit, USR19-0007, 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,
(outdoor storage of RVs, boats, motorhomes, and fifth wheel trailers) 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 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 of the outdoor RV parking area are 24 -hours a day seven (7) days a week, as stated
by the applicant. (Department of Planning Services)
4. The number of on -site employees shall be two (2). (Department of Planning Services)
5. The RV parking and storage component is unmanned with access by keypad, as stated by the applicant.
(Department of Planning Services)
6. No derelict vehicles, as defined in Section 23-1-90 of the Weld County Code shall be stored on site.
(Department of Planning Services)
7. All vehicles located within the RV storage area must be operational with current license plates and tags.
(Department of Planning Services)
8. There shall be no outside storage of industrial and/or commercial vehicles, equipment or materials.
(Department of Planning Services)
9. No hazardous materials shall be stored on the property. (Department of Planning Services)
10. The parking area on the site shall be maintained. (Department of Planning Services)
11. 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)
12. The landscaping/screening on the site shall be maintained in accordance with the approved Landscape and
Screening Plan. (Department of Planning Services)
13. Sources of light shall be shielded so that beams or rays of light 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)
14. 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)
15. 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)
Kevin and Deanna Dougherty - USR19-0007
Page 7
16. 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)
17. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department
of Public Works)
18. 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)
19. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Department of Public Works)
20. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site visit and
possible updates. (Department of Public Works)
21. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works)
22. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public
Works)
23. 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)
24. 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)
25. 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)
26. 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)
27. 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)
28. 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)
29. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The existing
well (permit 53138) cannot be used for the business unless it is re -permitted to allow commercial use.
Department of Public Health and Environment)
30. 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 public view. Department of Public Health and Environment)
31. 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)
Kevin and Deanna Dougherty - USR19-0007
Page 8
32. 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. (Department of Building Inspection)
33. The property owner or operator shall be responsible for complying with the Design and Operation Standards
of Chapter 23 of the Weld County Code.
34. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public
Health and Environment shall be granted access onto the property with 24 -hour notice to the property
owner/operator 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.
35. 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.
36. 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.
37. 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.
38. 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.
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.
Kevin and Deanna Dougherty - USR19-0007
Page 9
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.
Kevin and Deanna Dougherty - USR19-0007
Page 10
April 04, 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
DOUGHERTY KEVIN E
20995 COUNTY ROAD 2
BRIGHTON, CO 806039400
Subject: USR19-0007 - 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, (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 lots parts of a map or plan
filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District.
On parcel(s) of land described as:
PART SE4 SECTION 33, Ti N, R65W 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,
Ct-(1AfJ)
Diana Aungst
Planner
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
January 18, 2019
DOUGHERTY KEVIN E
20995 COUNTY ROAD 2
BRIGHTON, CO 806039400
Subject: USR19-0007 - 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, (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 lots parts of a map or plan
filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District.
On parcel(s) of land described as:
PART SE4 SECTION 33, T1 N, R65W 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:
Lochbuie at Phone Number 303-655-9308
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,
)4Wk&--S29,a(V1/,
Diana Aungst
Planner
FIELD CHECK- USR99-0007
Inspection Date: April 25, 2019
Applicant: Kevin and Deanna Dougherty
Request: 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, (outdoor storage of RVs, boats, motorhomes, and fifth wheel trailers)
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 in the A
(Agricultural) Zone District
Legal: Part of the SE4 Section 33, Township 1 North, Range 65 West of the 6'h P.M., County of
Weld, State of Colorado
Location: North of and adjacent to County Road 2; Approximately one mile west of County Road 45
Parcel ID #: 1473-33-0-00-057
Acres: 6.4 +/-
Zoning
Land Use
N
AGRICULTURE
N
Dryland Agriculture with an outbuilding
E
AGRICULTURE
E
Dryland Agriculture with numerous well heads, mid parcel
S
ADAMS
COUNTY
S
Two residences on separate large tract dryland Agriculture parcels
W
AGRICULTURE
W
Outbuilding and Fifth wheel utilized for living quarters
Comments:
The property slopes to the west, with the applicant's residence located on higher ground at what would be
termed the top of the hill adjacent to the east property line. The house and outbuildings are sited in a
heavily landscape area with mature trees and shrubs surrounded by a fence and gated gravel driveway.
Adjacent to the house are former loafing sheds and fenced corral areas. No animals were present at time
of visit. There is a gated and posted "Private Property" signs on the locked gate that controls access to
this area of the property and on the perimeter property fence. Two large fifth wheel trailers are parked
adjacent to the loafing shed.
Lands west of this middle area are vacant and in native and pasture grasses and are fenced with a multi -
strand barbed wire.
Land uses to the south primarily have rural residential development on large tracts of land. There is a
contractor's business located to the northwest of this site that gains access through a mechanized gate
and long paved drive. To the north of the property is a large outbuilding with multiple cargo containers
and at least one enclosed trailer without the tractor present. To the east is a large parcel of land in
dryland agriculture with numerous well heads.
County Road 2 adjacent to this property is a two-lane paved road with a posted speed limit of 45.
Residences sit back from the road with some having mature landscape surrounding the site and
improvements while others have the open prairie aesthetic.
The road has a substantial slope to the west as stated, there is a little shoulder and shallow borrow
ditches are located both sides of road. Utilities are overhead on wood poles.
To the west of this property is a proposed sanitary treatment plant. Sign posted.
Signaie
❑ House(s)
Outbuilding(s)
❑ Access to Property
❑ Crop Productions
❑ Site Distance — Limited
❑ Mobile Home(s)
❑ Other Animals On -Site
❑ Water Bodies
❑ Ditch
o Derelict Vehicles
❑ Non-commercial junkyard (list components)
o Irrigation Sprinkler
o Crops
❑ Wetlands
❑ Oil & Gas Structures
❑ Wildlife
❑ Utilities On -Site (transmission lines)
❑ Topography
Note any commercial business/commercial vehicles that are operating from the site
Hello