HomeMy WebLinkAbout20193463.tiffEXHIBIT
BEFORE THE WELD COUNTY, COLORADO. PLANNING COMMISSION
5
ia9-0030
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Elijah Hatch, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
APPLICANT.
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION
USR19-0030
RONALD & DIANE BAKEL
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (OUTDOOR STORAGE OF RVS, BOATS. TRACTOR TRAILERS.
PERSONAL VEHICLES AND EQUIPMENT, INDOOR STORAGE AND UP TO 600
CARGO CONTAINERS TO BE USED FOR PERSONAL STORAGE) PROVIDED
THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED
SUBDIVISION PLAT OR PARTS OF A MAP OR PLAN FILED PRIOR TO
ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A
(AGRICULTURAL) ZONE DISTRICT. THIS PROPOSED USR ALSO INCLUDES A
REQUESTED WAIVER FROM THE WELD COUNTY SIGN REQUIREMENTS
DELINEATED IN CHAPTER 23 OF THE WELD COUNTY CODE TO ALLOW TWO
(2) FIFTEEN (15) SQUARE -FOOT TEMPORARY SIGNS, TWO (2) 18 -SQUARE
FOOT PERMANENT FREE-STANDING SIGNS AND TWO (2) PERMANENT 32 -
SQUARE FOOT BUILDING SIGNS.
LOT B CORR EXEMPT RECX16-0120, PART NE4 SECTION 4, T4N, R68W OF
THE 6 P.M., WELD COUNTY, COLORADO.
EAST OF AND ADJACENT TO CR 7 AND SOUTH OF AND ADJACENT TO
STATE HIGHWAY 60.
be recommended favorably to the Board of County Commissioners 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 Planning Commission 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.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."
The property is not in agricultural production and the majority of the property is delineated as
-Non-Prime" soils for agricultural purposes. The site directly borders a state highway (State
Highway 60) and is in close proximity to Interstate 25. A landscape plan is required to screen
the facility from adjacent properties and uses and will address compatibility with the region.
22-2-100 E. C. Goal 5. states: "Minimize the incompatibilities that occur between
commercial uses and surrounding properties."
Screening and development standards limiting the types of vehicles stored on -site (no
commercial vehicles and derelict vehicles) will serve to minimize incompatibilities between
this proposed facility and the surrounding area.
22-2-100 E C. Policy 5.2. states: "Support the use of visual and sound barrier landscaping
to screen open storage areas from residential uses or public roads.
A portion of the site will be screen by the proposed RV and mini -storage buildings and a
landscaping and screening plan is attached as a condition of approval to screen other areas
of the site from adjacent properties and rights -of -way.
RESOLUTION USR19-0030
RONALD & DIANE BAKEL
PAGE 2
The proposed use is in an area that can support this development and the existing screening,
the Development Standards, and the Conditions of Approval will assist in mitigating the
impacts of the facility on the adjacent properties and ensure compatibility with surrounding
land uses and the region.
Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District. Section 23-3-40.S allows for a Site -Specific Development Plan and Use by
Special Review Permit for any Use Permitted as a Use by Right. Accessory Use or Use by
Special Review in the Commercial or Industrial Zone Districts (Outdoor Storage of RVs.
Boats, Tractor Trailers. Personal Vehicles and Equipment, indoor storage and up to 600
cargo containers to be used for personal storage) in the A (Agricultural) Zone District.
Agriculture in the County is considered a valuable resource which must be protected from
adverse impacts resulting from uncontrolled and undirected business, industrial and
residential land uses. The A (Agricultural) Zone District is established to maintain and
promote agriculture as an essential feature of the County. The A (Agricultural) Zone
District is intended to provide areas for the conduct of agricultural activities and activities
related to agriculture and agricultural production without the interference of other,
incompatible land Uses. 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. The A
(Agricultural) Zone District regulations are established to promote the health, safety and
general welfare of the present and future residents of the County.
The proposed RV facility is on land primarily delineated as Non -Prime. The facility is located
adjacent to a State Highway (Highway 60) and is located 1 -mile to the west of Interstate 25.
The intersection at County Road 7 and State Highway 60 has existing stop signs on County
Road 7 from the north and south.
Development standards and conditions of approval (including a landscape and screening
plan) will address impacts from the facility that are potentially greater than uses by right in the
Agricultural Zone District
Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The proposed RV facility is located adjacent to an existing dairy facility to the east (USR-576)
for a dairy for up to 2.000 cows. A rural residential subdivision (six residences that share two
access points on either side of the County Road approximately 600 -feet north of State
Highway 60. The Nearest residence to the north is located approximately 500 -feet north of
the property. Property under common ownership is located west of County Road 7.
The proposed facility is located adjacent to a State Highway (Highway 60) and is located
approximately 1 -mile from Interstate 25.
One letter of concern/objection was received from the existing dairy facility (USR-590) to the
east of the site. The applicant expressed concerns/objections to sharing the proposed
eastern access point with the dairy facility due to biosecurity concerns and concerns with
traffic conflicts with existing agricultural equipment being utilized with the dairy facility.
Another letter of objection was received from a surrounding property owner located to the
north of State Highway 60. The primary objection was traffic and lack of notification. Property
owners located in Larimer County (to the north of the site) have since been notified of this
application and the upcoming hearings.
The Conditions of Approval require that the applicant submit an Improvements Agreement
(for roads and traffic) and a Landscaping/Screening Plan. The Development Standards and
Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent
RESOLUTION USR19-0030
RONALD & DIANE BAKEL
PAGE 3
properties and ensure compatibility with surrounding land uses and the region.
The applicant is requesting a waiver from the Weld County sign requirements delineated in
Chapter 23 of the Weld County Code to allow two (2) fifteen (15) square -foot temporary
signs, two (2) 18 -square foot permanent free-standing signs and two (2) permanent 32 -
square foot building signs. The property has two frontages (Highway 60 and County Road 7).
Therefore, staff is in support of the permanent free-standing signs and building signs. Staff is
not in support of the temporary signs as temporary signs as are delineated as signs that
apply to "for sale" and "for rent" situations.
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 areas of the Town of Berthoud and Town
of Johnstown. The site is not located within a Cooperative Planning Agreement (IGA) or
Urban Growth Boundary as defined in Chapter 22 of the Weld County Code.
The Town of Johnstown responded via an electronic mail referral dated July 10, 2019 that
their main concern was screening of the site from public rights -of -way. The Town requests a
solid/75% opaque fencing along the south. west and north.
A condition of approval requiring a landscape/screening plan has been attached.
No referral response has been received from the Town of Berthoud regarding this case.
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 Geologic Hazard Overlay District. a Special Flood Hazard Area
or the Airport Overlay District.
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 proposed lot will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Programs.
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 proposed facility is located on approximately 15.77 acres. The majority of the property is
delineated as "irrigated non -prime" and "Other" with a small area delineated as "Prime" per
the 1979 Soil Conservation Service Important Farmlands of Weld County Map.
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.
RESOLUTION USR19-0030
RONALD & DIANE BAKEL
PAGE 4
The Planning Commission recommendation for approval is conditional upon the following:
1 Prior to recording the plat:
A. If an access onto County Road 7 is approved, 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 triggered improvements. The
Agreement shall include provisions addressing engineering requirements, submission of
collateral, and testing and approval of completed improvements. (Department of Public Works)
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)
The applicant shall submit a Lighting Plan. (Department of Planning Services)
The applicant shall submit a Screening/Landscape Plan that screens the site from the
Surrounding Property Owners and the right-of-way for review and approval by the Board of
County Commissioners. The areas not screened by proposed buildings shall be screened by
either a solid opaque fence or a combination of a solid opaque fence and landscape. A
landscape maintenance and irrigation plan shall be provided for any proposed landscaping.
(Department of Planning Services)
The applicant should have sign -off from the adjacent property owners that they are aware of the
ciange in use and ace' iona ra"ic on -1gsemen- or roadway. ;Dcoarmen ' o- Dub is Wor<s.
The plat shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR19-0030 (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. (Department of Planning
Services)
6. The map shall delineate the lighting which shall adhere to the Weld County Code.
(Department of Planning Services)
7. The four (4) signs shall adhere to the criteria stated in the Development Standards as
approved by the Board of County Commissioners on . 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 map shall delineate the parking area for the vendors. customers and/or employees.
(Department of Planning Services)
9. West of the USR parcel, County Road 7 is a paved road and is designated on the Weld
County Functional Classification Map as an arterial road which requires 140 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)
RESOLUTION USR19-0030
RONALD & DIANE BAKEL
PAGE 5
10. East of the USR Parcel, County Road 7 Section Line is shown to have 60 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 7 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 the approved Colorado Department of Transportation (CDOT) access(es) on the
site plan and label with the approved access permit number if applicable. (Department of
Public Works)
13. Show and label the approved tracking control on the site plan. (Department of Public
Works)
14. 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)
15. 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)
16. Show and label the drainage flow arrows. (Department of Public Works)
17. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
18. 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 Public Works)
19. The applicant shall indicate specifically on the map the type of right-of-way/easement and
indicate whether it is dedicated. private. or deeded to provide adequate access to the
parcel. (Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy
(.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services. Upon
approval of the plat the applicant shall submit a Mylar plat along with all other documentation required
as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the
requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat 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 plat
not be recorded within the required one hundred twenty (120) days from the date of the Board of
RESOLUTION USR19-0030
RONALD & DIANE BAKEL
PAGE 6
County Commissioners Resolution, a $50.00 recording continuance charge shall be added for each
additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a
defined coordinate system (i.e.. NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane
Colorado North FIPS 0501 (US Feet).... etc.). This digital file may be sent to maps@co.weld.co.us.
(Department of Planning Services)
5. Prior to Construction:
A If more than 1 acre is to be disturbed. a Weld County grading permit will be required.
(Department of Public Works)
B. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
6. 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)
Motion seconded by Michael Wailes_
VOTE:
For Passage
Bruce Sparrow
Michael Wailes
Tom Cope
Gene Stifle
Lonnie Ford
Richard Beck
Elijah Hatch
Against Passage Absent
Bruce Johnson
Skip Holland
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem. Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado. adopted on July 16. 2019
Dated the 16th of July. 2019
-
.)4N,16f a 1(., I Y-te& il-1,
Kristine Ranslem
Secretary
RESOLUTION USR19-0030
RONALD & DIANE BAKEL
PAGE 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Bakel
USR19-0030
A Site -Specific Development Plan and Use by Special Review Permit, USR19-0030, for any Uses by
Special Review, Accessory Uses and Use by Right in the Commercial and Industrial Zone Districts
(Outdoor Storage of RVs, Boats, Tractor Trailers, Personal Vehicles and Equipment, indoor storage and
up to 600 cargo containers to be used for personal storage) in the A (Agricultural) Zone District. This
proposed USR also includes a requested waiver from the Weld County sign requirements delineated in
Chapter 23 of the Weld County Code to allow two (2) fifteen (15) square -foot temporary signs. two (2) 18 -
square foot permanent free-standing signs and two (2) permanent 32 -square foot building signs 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 are 24 -hours a day, 7 days a week via an electronic gate. (Department of Planning
Services)
4. There will be no onsite employees as stated in the application materials. (Department of Planning
Services)
5. No derelict vehicles, as defined in Section 23-1-90 of the Weld County Code, shall be stored on the site.
(Department of Planning Services)
6. All vehicles located within the RV storage area must be operation with current license plates and tags.
(Department of Planning Services)
7. There shall be no outside storage of industrial and/or commercial vehicles, equipment or materials
(Department of Planning Services)
8. The two (2) proposed wall signs and two (2) free-standing signs shall adhere to the below criteria as
approved by the Board of County Commissioners.
1) The two (2) permanent free-standing signs shall not exceed 18 -square feet per each individual sign
face.
2) The two (2) building signs shall not exceed thirty-two (32) square feet per each individual sign face.
The wall sign shall not project above the height of the building.
9. 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)
10. The existing and proposed landscaping and screening on the site shall be maintained. (Department of
Planning Services)
11. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 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)
12. 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. Section 30-20-100.5. C.R.S. (Department of Public Health and Environment)
RESOLUTION USR19-0030
RONALD & DIANE BAKEL
PAGE 8
13. 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)
14. 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)
15. 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)
16. 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)
17. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department
of Public Health and Environment)
18. 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 existing adjacent residential properties and public rights -of -way.
(Department of Public Health and Environment)
19. 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)
20. 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)
21. 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)
22. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
23. 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)
24. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
25. The Improvements Agreement for this site may be reviewed on an annual basis. including a site visit and
possible updates. (Department of Public Works)
26. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be the
responsibility of Weld County. (Department of Public Works)
27. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
28. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
RESOLUTION USR19-0030
RONALD & DIANE BAKEL
PAGE 9
29. Sources of light shall be shielded so that light rays 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)
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. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code. (Department of Planning Services)
32. 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. (Department of Planning Services)
33. 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)
34. 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. (Department of Planning Services)
35. 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.
36. 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.
RESOLUTION USR19-0030
RONALD & DIANE BAKEL
PAGE 10
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. 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.
Pc Wu yaks
71 �c0l zoo
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. July 16, 2019
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 0 Street, Greeley, Colorado. This meeting was called to order by Chair..
Michael Wailes, at 12:30 pm.
Roll Call.
Present: Michael Wailes, Bruce Sparrow. Bruce Johnson. Gene Stille, Tom Cope, Lonnie Ford. Richard
Beck, Elijah Hatch.
Absent: Skip Holland.
Also Present: Chris Gathman and Angela Snyder, Department of Planning Services; Lauren Light and Ben
Frissell. Department of Health: Evan Pinkham, Hayley Balzano, Evan Pinkham, and Mike McRoberts,
Public Works: Bob Choate, County Attorney. and Kris Ranslem, Secretary.
The Chair called a recess at 2:50 pm and reconvened the hearing at 3:04 pm.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST.
LEGAL DESCRIPTION
LOCATION:
USR19-0030
19-0030
RONALD & DIANE BAKEL
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT. ACCESSORY USE
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (OUTDOOR STORAGE OF RVS, BOATS. TRACTOR TRAILERS,
PERSONAL VEHICLES AND EQUIPMENT, INDOOR STORAGE AND UP TO
600 CARGO CONTAINERS TO BE USED FOR PERSONAL STORAGE)
PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR
RECORDED SUBDIVISION PLAT OR PARTS OF A MAP OR PLAN FILED
PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT THIS
PROPOSED USR ALSO INCLUDES A REQUESTED WAIVER FROM THE
WELD COUNTY SIGN REQUIREMENTS DELINEATED IN CHAPTER 23 OF
THE WELD COUNTY CODE TO ALLOW TWO (2) FIFTEEN (15) SQUARE -FOOT
TEMPORARY SIGNS, TWO (2) 18 -SQUARE FOOT PERMANENT FREE-
STANDING SIGNS AND TWO (2) PERMANENT 32 -SQUARE FOOT BUILDING
SIGNS.
LOT B CORR EXEMPT RECX16-0120, PART NE4 SECTION 4, T4N, R68W OF
THE 6' P M , WELD COUNTY, COLORADO.
EAST OF AND ADJACENT TO CR 7 AND SOUTH OF AND ADJACENT TO
STATE HIGHWAY 60
Chris Gathman. Planning Services, presented Case USR19-0030, reading the recommendation and
comments into the record. Mr. Gathman noted that a letter was received from the existing dairy facility
expressing concerns on sharing the eastern access point, concerns with biosecurity and traffic conflicts
with the existing agricultural equipment utilized by the dairy. Another letter was received from a surrounding
property owner from Larimer County regarding concerns with compatibility and traffic on State Highway 60
in this location. The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards.
Hayley Balzano, Public Works. reported on the existing traffic, access to the site and drainage conditions
for the site. Public Works is not in agreement with the access point on County Road 7 as proposed because
of the site distance. They would like to have a traffic engineer further review the site distance requirements
and survey what site distance is currently there.
Lauren Light. Environmental Health. reviewed the public water and sanitary sewer requirements. on -site
dust control, and the Waste Handling Plan.
Robert Malloy, 980 Norway Maple, Loveland, Colorado, stated that he is representing the owners, Mr.
Malloy said that the access on County Road 7 is not important to them. He stated that State Highway 60
1
continues to 1-25. but it does not have access to 1-25 He said that they do have an access from CDOT for
State Highway 60. Mr. Malloy said that the project will be built as demand grows. They intend to have
indoor storage along the outer edges and to use them for screening as well.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Commissioner Johnson said that he read that pods or cargo containers will be used as storage and asked
the applicant to clarify. Mr. Malloy said they are looking at both options.
Kevin Bake'. 2726 East State Highway 60. Loveland. Colorado. said that they would like to leave the storage
options open as they are trying to include as many storage related activities as possible and build as they
grow. Commissioner Johnson said that he believes pods are personal property and the stick -built storage
is real property so from a taxing standpoint there is a big difference. Mr Malloy said that if there are pods,
they will be owned by the applicant and not rented to the tenants.
Mr. Malloy referred to Condition of Approval 1.E and finds this difficult that the adjacent property owners
won't sign off if they do not support this request. Ms. Balzano said Condition of Approval 1.E can be deleted
as they verified it is right-of-way for old County Road 7.
Motion: Delete Condition of Approval 1.E. Moved by Michael Wailes. Seconded by Tom Cope. Motion
carried unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR19-0030 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval. Moved by Elijah Hatch, Seconded by Michael Wailes.
Vote: Motion passed (summary: Yes = 7, No = 1, Abstain = 0).
Yes: Bruce Sparrow, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Tom
Cope
No: Bruce Johnson.
Commissioner Johnson said that he doesn't know if there will be permanent structures or pods and thinks
that there is a major difference in the application for one or the other.
Commissioner Sparrow commented that he is concerned about the pods as well because of weed control.
Meeting adjourned at 7:11 pm.
Respectfully submitted.
43\466 -2.1 -
Kristine Ranslem
Secretary
2
ATTENDANCE RECORD
NAME
- PLEASE
PRINT
LEGIBLY
ADDRESS
EMAIL
John Doe
123
Nowhere Street, City, State, Zip
(RoQca-r MoL1-o
11fPtt- 0P_ lc2✓64.14,.fa SOS38
rmmoII mcn.co4
e.‘,1‘,\ , knee, tck1/4c, geocc
I
21-1V 4O+
futi
too kpre i 4 co d'oc---37
Ktvi " &Sr,-
0 I Favwc,C,Qw,
5- u L +&.1 i41;
-1-1'e--
,c_.1 .e,
5/4,‘ ; s H c,- aen,
So Li 1 7 Cam-
r ! A9c._ 1,-1 grO G 17
_5
rkob �rI1/ gs,A/!
�oa9s r
a/ A �/1 X17. v)6 q5
ein„�P//Chi)5-42ce
0,,, Ni
( etci ,�II
or►,._1 ,s+
'
Au/r Co ?OCC
es --k,,/ 1
`�C rv-
co
Fr.,/,41.441\k020
Cjiak.t - aektgle>1 QC
7g.,
0.„, T/A3r Fib•v&e ici
b
\ta4.4)k_zcn Denuec
1 4:447cF
Co %GZ
nvmarai-►-
c ivu ca�taiv
�
�K�
r
^i'1
cikgilt
0-L( 44n)eevitv vvek`f W ^ -P ele Co 'a -SS
�
ccA verC-Prii.crwM
1
4535- ,%;7GcrAl' 3l u H'AOcrc.-v ( O' 51 y
aLAwK7Q[(3 Her itifilC. CaM
SpoV1c5 t.i\A)K
(cm IAA A -k A KJ k'
r ,
Dad
4.
u.r
OA
G
2,0 i L :
i_e_ 1 o ci Aunh,c<3 06 4e
d
urt(b
k -, c9 AciA -f
Sara
Ohi11 //is
9573 S. kaker
,
st
Denv
i O 02)c1
&z'vhPh@ ►iCnY•oa--
l4u\--44a.0 IQ r4C.G .?.,cpr`N
1,150../ 1.)5/31c1.0.5
& 24 S-NQIli p.,t5-r 12,q.D SiB zot, MT L1FH -rx 100 t
lark leaat1 !(fir
3OO/o 36 re/lvC art,/ 116 Ka do 806 20
0/4 a ea/lot Atkee,ac0_Com
e
i
I 0 0\1\
SDSO Cr.\AUp
, &ite IQi
CO tee)
SA -coop @0 p�aeCow\
SI
20705 Ct. 51
0,0sc c,4ii
aecff.\h,\1
LI)/
n R g L`
��
�I a> Or8-05-f
�( ��►' ! Y. �_�P Co�� /�c
In
1
f e?�oj►-t��Tl��/�1�1Q0
C,l'
CSeve
L. (Xa'GG-
,/5 G/ `ct lL.
rat° a (9f74 --,t,
4e4)
ea,
14
1'l r l GL L -C °.
9gei lo. cif 7 r- C (5 c?->_59/ft‘
( L4 -lb CG�' al -it
4./.<1‘/
e ---T--02446 c'`
3.5
76 C 0 ) .elN Pc t, Y J Co Ig or! `
7,
a it vct4/Vl fryt i r V 14r) kJ/IA
&rS ?avno
qil I / alit' Rald 7 Ene C6 SOUS/lc
w cr'7(d
msn.
cvm
--8#6-rrie
( <STA L/13L f. JJJOZ
{a1sa LAJ
fR1E' r 9
Sesiwu i
A , (!vim
/--r-e /
' tat /0,2- %1 v oft e 4- O 6 y i
nt a F
£rMA)t,42-gt
to
Vu1 \ ---Y cAtt,;,3
C o
'
i.,,,,r,..-
2,5 Loso c* ` c<bu\\
_p
ATTENDANCE RECORD
NAME - PLEASE PRINT LEGIBLY
ADDRESS
EMAIL
John Doe
123 Nowhere Street, City, State, Zip
ZCA cJc qv r5c.),.^
102 2; (/ cc n S1ree RP5ttim CO
7-er
rt) I/14AS
g00 7 151 j<4 y s� co So CL/LI
L/ar 01 ccS
Roe 5 i 5
*go --
in
1ersey (0
5001Y
M rn
o�\vre, + �hc/e ��
�-� 1-���1:..��;�
�,c�s,��
-
� 1 � � � C (.� u a
l�� � r� � � � � o L� � f �J�l� „1G
nn
yy"cq (le kcal 13L�d
d eCC/
C vrT�t rT v/Ul.
?‘ A 0,1taPctic
T
cos 1St -WI
m 211
st-y i CO i0otAq
Mh\Ca
b
rips k
vra Co W q
\ck
#21-1
._)a y t,A‘n s
6-1223 ° es -2-.1 , A J.'J v CO AO6 6
_My iA� r, e E. -,1.s K - G
ci
a 016 A0414 r ar nitAI, nit
ArSPX
94 QC 2\-o !
o, ccr4
ft ctrYn \iftinnY C k -S
321r-19
Ca.
cD3 ill rar 1ey CO rbOtn?Zj
,
Hello