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Home My WebLink About20171683.tiffAMENDED RESOLUTION (This Amended Resolution is for the purpose of complying with the Court's Order Remanding Case in the case of VVW, LLC v. The Board of County Commissioners of Weld County, Colorado, et al, Case No. 2017CV30547, wherein the Court's directive was for the Board to amend its Resolution of June 21, 2017, in order to make findings of fact necessary for judicial review.) RE: ACTION OF THE BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR17-0016, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (RV AND BOAT STORAGE, A DUMP STATION, ENCLOSED SELF -STORAGE AND THE PARKING AND STAGING OF TRASH CONTAINERS, ROLL -OFFS, AND VEHICLES AND/OR EQUIPMENT TO PICK UP AND DELIVER SAME AND FOUR (4) INDIVIDUAL FLEX OFFICE BUILDINGS) 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 - WW, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 21st day of June, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of WW, LLC, 9896 Rosemont Ave., Suite 104, Lone Tree, CO 80124, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0016, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (RV and boat storage, a dump station, enclosed self -storage and the parking and staging of trash containers, roll -offs, and vehicles and/or equipment to pick up and deliver same and four (4) individual flex office buildings) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot B of Recorded Exemption, RECX16-0076; being part of the W1/2 SE1/4 of Section 33, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was present and represented by Julie Coleman, 4828 Bluegate Drive, Highlands Ranch, CO 80126, 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: 4383229 Pages: 1 of 8 cG° f L C KO/torn), C H8).03/15/2018 02:37 PM R Fee:$0.00 $0.00 HLCLL),GTBCTTJ, C.Q.C.$C), Carly Koppes, Clerk and Recorder, Weld County, CO 2017-1683 C:�PPL a3/c�$ ! JS'.4 L1LVA AL'Ar tirilrh\ i h 11111 PL2683 DENY SPECIAL REVIEW PERMIT (USR17-0016) — WW, LLC PAGE 2 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. The Applicant has the burden to demonstrate "That the proposal is consistent with in Chapter 22 and any other applicable code provisions or ordinances in effect." The application lacked adequate evidence demonstrating how the application meets the Comprehensive Plan, as discussed by Commissioners Cozad and Kirkmeyer. Section 23-2-230.B.1 — The Board finds that the proposed uses are not consistent with Chapter 22, specifically in the following Code References: 1) Section 22-2-20 Agriculture Goals and Policies (A.Goal 1, A.Goal 2, A.Policy 2.2, A.Policy 2.3, A.Goal 4, A.Policy 7.1, A.Policy 7.2, A.Goal 8, A.Policy 8.3, A.Goal 9, A.Policy 9.2) A.Goal 1 states: "Respect and encourage the continuation of agricultural land uses and agricultural operations for purposes which enhance the economic health and sustainability of agriculture." A.Goal 2 states: "Continue the commitment to viable agriculture in Weld County through mitigated protection of established (and potentially expanding) agricultural uses from other proposed new uses that would hinder the operations of the agricultural enterprises." 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." 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." A.Goal 4 states: "Promote a quality environment which is free of derelict vehicles, refuse, litter and other unsightly materials." A.Policy 7.1 states: "County land use regulations should support commercial and industrial uses that are directly related to, or dependent upon, agriculture, to locate within the agricultural areas, when the impact to surrounding properties is minimal, or can be mitigated, and where adequate services are currently available or reasonably obtainable." 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 4383229 Pages: 2 of 8 03/15/2018 02:37 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII �4��N�1 hi'lIrfi'I+kIIMIMrrlP 11111 2017-1683 PL2475 DENY SPECIAL REVIEW PERMIT (USR17-0016) — WW, LLC PAGE 3 compatible with the region." A.Goal 8 states: "Ensure that adequate services and facilities are currently available or reasonably obtainable to accommodate the requested new land use change for more intensive development." A.Policy 8.3 states: The land use applicants should demonstrate that the roadway facilities associated with the proposed development are adequate in width, classification and structural capacity to serve the proposed land use change." A.Goal 9 states: "Reduce potential conflicts between varying land uses in the conversion of traditional agricultural lands to other land uses." A. Policy 9.2 states: "Consider the individuality of the characteristics and the compatibility of the region of the County that each proposed land use change affects, while avoiding requirements that do not fit the land use for that specific region." The Board finds that the proposal is not consistent with these Agricultural Goals and Policies and in support, finds as follows. The proposed operation would have Recreational Vehicle (RV) and boat storage of 35 to 40 vehicles per acre, a dump station, more than 500 self -storage units commercial size trash containers (roll offs), and vehicles and equipment associated with the operation. At present, the area does not include operations of this scale. Most surrounding operations include some agricultural component. The site is large and would have no agricultural or residential component in an agricultural area. Of the 27 surrounding parcels, 50% are residential. Noise levels would be raised to commercial or industrial levels in an area which presently has residential noise levels. The Planning Commission determined that the proposed operation was not compatible with the comprehensive plan and recommended denial. CR 2 cannot support the proposed operation, there is no plan to expand CR 2 in the near future, and the Applicant was not willing to expand the road as would be necessary to support the operation. The application was not amended between the Planning Commission hearing and the Board of County Commissioner hearing. There are impacts to the surrounding properties which cannot be adequately mitigated. 2) Section 22-2-40 Urban Development Goals and Policies (UD.Goal 1) 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 proposal is not consistent with this Urban Development Goals and in support, finds as follows. The site is located equidistant between the cities of Brighton and Northglenn, 4383229 Pages: 3 of 8 03/15/2018 02:37 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO PLAN ill 14A'NWMU+dAMA11 111III 2017-1683 PL2475 DENY SPECIAL REVIEW PERMIT (USR17-0016) — WW, LLC PAGE 4 and is not located adjacent to or within the intergovernmental agreement boundary of any municipality. It is not located in a Regional Urbanization Area. The proposed operation is urban in nature. 3) Section 22-2-80 Industrial Development Goals and Policies (I.Goal 1, I.Goal 6) I.Goal 1 states: "Promote the location of industrial uses within municipalities, County Urban Growth Boundary areas, Intergovernmental Agreement urban growth areas, growth management areas as defined in municipalities' comprehensive plans, the Regional Urbanization Areas, Urban Development Nodes, along railroad infrastructure or where adequate services are currently available or reasonably obtainable." I.Goal 6 states: "Minimize the incompatibilities that occur between industrial uses and surrounding properties." The Board finds that the proposal is not consistent with these Industrial Goals and in support, finds as follows. The proposed operation is commercial and industrial in nature. The site is rural residential and agriculture in nature. The site is not located within any Regional Urbanization Area, Urban Development Node, Intergovernmental Agreement or Coordinated Planning Agreement area, and is not located close to any Weld County municipality. The RV and boat storage primarily would serve customers in municipalities that are not permitted to park their vehicles at their homes. The proposed operation will not serve the neighbors. 4) Section 22-2-100 Commercial Development Goals and Policies (C.Goal 1, C.Goal 2, C.Goal 5) 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." 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." C.Goal 5 states: "Minimize the incompatibilities that occur between commercial uses and surrounding properties." The Board finds that the proposal is not consistent with these Commercial Goals and in support, finds as follows. The proposed operation is commercial and industrial in nature. The site is rural residential and agriculture in nature. The site is not located within 4383229 Pages: 4 of 8 03/15/2018 02:37 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII rji?L 1ATI:'iFi i l� l'AVII01,14,Wyh 1I 111 2017-1683 PL2475 DENY SPECIAL REVIEW PERMIT (USR17-0016) — WW, LLC PAGE 5 any Regional Urbanization Area, Urban Development Node, Intergovernmental Agreement or Coordinated Planning Agreement area, and is not located close to any Weld County municipality. The RV and boat storage primarily would serve customers in municipalities that are not permitted to park their vehicles at their homes. The proposed operation will not serve the neighbors. B. The Applicant has the burden to demonstrate "That the USES which would be permitted will be compatible with the existing surrounding land USES." Section 23-2-230.B.3 — The Board finds that the uses which will be permitted will not be compatible with the existing surrounding land uses and in support, finds as follows. The neighborhood near the site is primarily rural residential and agricultural. Of the 27 directly surrounding properties, 50% have residential use. There are 24 homes on one section, six on another surrounding area. Of these rural residential homes, many are close to the proposed site, and each appears to have some agricultural component. Neighbors describe the proposed storage area as having no road to buffer the view of the storage area like that which is found in nearby storage facilities. The landscaping plan was not included in the applicants request although it was described at the presentation. Due to the topography of the site, the landscaping plan is not adequate to block most neighbors' views of the development as proposed on the 76 acres. At present, the use of the property as proposed would be visible to the surrounding areas on the southern sides, thus, visually changing the character of the area. Although the applicant provided evidence of other potentially commercial uses in the area, most or all of them are agricultural in nature, and none of them substantially change the character of the neighborhood. The boundary on the east side of the property holds an approved RV boat and storage facility, Brighton Boat and Storage, which is a small family owned operation according to the neighbors. According to testimony at the hearing, even with this small size it still causes disruption due to the hours that customers use the facility. Neighbors described this small business as a 24/7 hours operation. A property to the southwest includes a machine and welding shop approved by USR which is a small family home business to service other agricultural operations and seldom operated now due to his age. The landscaping business now is really not in business. Shipping containers exist on property to the south. The neighbor/owner related that those are used for his agricultural needs. Applicant cited the Bidwell property which holds trucking containers. The neighbor/owner uses these for storage while developing a residence on the property. The neighbor Torgeson has property with 2 large barns and shipping containers which was described as being developed for a rural residential property. To the north of applicant's property line within 1/2 mile exist natural gas facilities on County Roads (CR) 4 and 19, which is approximately 2 miles from the access location of applicant's property on CR 2. The utilities are on the north side away from the access point of the proposed development. Those areas to the north side that have utility operations are away from the access point of the proposed development 4383229 Pages: 5 of 8 03/15/2018 02:37 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 2017-1683 PL2475 11111 lrdEti4411,I44Ml;llH'�LKi'r DENY SPECIAL REVIEW PERMIT (USR17-0016) — WW, LLC PAGE 6 and are not sufficient to change the character of the agricultural residential character of this neighborhood. These existing operations do not change the character of the present zoning. The proposed use is substantially more intense, commercial and industrial in nature, including trash roll offs and heavy industrial equipment used to deliver the roll offs. The Applicant could not adequately describe the use of the four (4) flex buildings. These particular uses are particularly more intense than surrounding uses, or even as compared to the RV and boat storage. The application did not adequately address mitigation techniques that might have helped mitigate the incompatibility of the proposed uses. C. The Applicant has the burden to demonstrate "That the USES which would be permitted will be compatible with the future DEVELOPMENT of the surrounding area as permitted by the existing zone and with future DEVELOPMENT as projected by Chapter 22 of this Code and any other applicable code provisions or ordinances in effect, or the adopted MASTER PLANS of affected municipalities." Section 23-2-230.B.4 — The Board finds that the uses which will be permitted will not 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. In support, the Board finds as follows. This area is expected to continue with rural residential and agricultural uses. The neighbors described that their plans for the future included continuing living a rural lifestyle. Compelling statements were made by neighbors that the proposed use would change their ability to complete their plans to exist in a rural residential setting. Two described that they are in the process of building "dream" homes but that would not be possible if this area was developed as proposed by the applicant. Neighbors claimed that the development of this property would be significant enough to change their desires to gain Rural Exemptions for use of their property for other rural residential builds. A large commercial development of this size is a significant change such that the future use of the area would likely result in changes that reflect the scope of the operation. The landscaping would not be sufficient to eliminate the visual presence of the operation. Use of the operation at present envisions over 500 storage units and 700-800 boat and RV storage parking spots. The application proposes approximately 1,200 customers. The roll off business would include trucks coming and going daily as well. These operations will have a high volume of use in the future, thus, directly impacting the "quiet and rural" character of the area. The applicant was not clear as to what other uses would occur in the future on this development if the changed to commercial/industrial. This is not the same future that the neighbors envisioned as owners in this area. For the future to be consistent with the past, the proposed use by this applicant is not harmonious either as agricultural or rural residential because of the size and types of operation proposed by the applicant. 4383229 Pages: 6 of 8 03/15/2018 02:37 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 2017-1683 PL2475 1111!VA11 III DENY SPECIAL REVIEW PERMIT (USR17-0016) - WW, LLC PAGE 7 D. The Applicant must demonstrate "That there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the NEIGHBORHOOD and the COUNTY." Section 23-2-230.B.7 — The Board finds that 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 do not ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. The application does not provide adequate provision for mitigation of increased crime and traffic hazards, or decreased property values. In support, the Board finds as follows. Traffic would be impacted significantly by the increase in use if the change was approved. At the present time, the only access is on to County Road (CR) 2 at the top of a hill. No turn lanes exist onto the property from CR 2. The last traffic study completed in 2014 showed 3,121 average daily use with 14% trucks. Neighbors are already concerned with the increased traffic since the last traffic study due to the construction of subdivisions in Adams County. Traffic will increase substantially due to the number of self - storage units, the RV and boat storage, and the roll off business. Although the applicant relied on the future possibility that CR 2 would be widened into a four -lane road, improvements would need to be made immediately to CR 2. Although CR 2 is designated as an arterial road, there is no immediate plan to make the necessary improvements to CR 2. Many arterial roads within Weld County remain as two-lane roads. There is a need to allow safe egress and ingress to the property and not hinder the flow of traffic on CR 2 by the addition of the proposed use. This lack of accommodation for traffic detrimentally impacts the safety and welfare of the inhabitants and the county. The applicant did not demonstrate a sufficient landscaping or screening plan, including buffer zones, or any way to mitigate concerns associated with the neighboring properties. The applicant did not show that these concerns could be mitigated. Staff from the Weld County Department of Public Health and Environment had concerns about the permits required for painting and trash equipment related to the roll off business. The Applicant did not demonstrate the ability to address these concerns. The Applicant further indicated that it did not believe it could meet the residential noise standard, and actually requested the commercial noise standard, which would not be compatible with the surrounding area. The Applicant did not adequately communicate with the surrounding property owners, even though they had the opportunity to seek input from them for mitigation of incompatibilities related to noise, screening, traffic, and other concerns. 4383229 Pages: 7 of 8 03/15/2018 02:37 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO lIII IMO rtio'lliCIEINI 11111 2017-1683 PL2475 DENY SPECIAL REVIEW PERMIT (USR17-0016) - WW, LLC PAGE 8 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of WW,LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0016, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (RV and boat storage, a dump station, enclosed self -storage and the parking and staging of trash containers, roll -offs, and vehicles and/or equipment to pick up and deliver same and four (4) individual flex office buildings) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, denied. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of February, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD,COUNTY, COLORADO ATTEST: datiu,$) JeL;e1 Weld County Clerk to the Board BY: Deputy Clerk to the Bo- Sean P. Conway Steve Moreno, Chair 4 / • arbara KirkmeY er c1✓/C!,' ro-Tem APPRO County Attorney Date of signature: Oa- Z/`" J11 -fie A. Cozad Mike Freeman 4383229 Pages: 8 of 8 03/15/2018 02:37 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Ill!KII MAIN:4F1:F4,A1q51+ I giiiii II III 2017-1683 PL2475 STATE OF COLORADO ) SS COUNTY OF WELD CLERK TO THE BOARD PHONE: (970) 400-4226 FAX: (970) 336-7233 1150 O STREET P.O. BOX 758 GREELEY, COLORADO 80632 I, Esther E. Gesick, Clerk to the Board of County Commissioners, in and for the County of Weld, State of Colorado, do hereby certify that the attached copy of Amended Resolution #2017-1683, dated February 14, 2018, is a duplicate of the original eight (8) page Resolution on file in the Weld County Clerk to the Board's office titled: ACTION OF THE BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR17-0016, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (RV AND BOAT STORAGE, A DUMP STATION, ENCLOSED SELF -STORAGE AND THE PARKING AND STAGING OF TRASH CONTAINERS, ROLL -OFFS, AND VEHICLES AND/OR EQUIPMENT TO PICK UP AND DELIVER SAME AND FOUR (4) INDIVIDUAL FLEX OFFICE BUILDINGS) 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 - WW, LLC. 0 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County at Greeley, Colorado, this 20th day of February, 2018. Yza;,. CLERK TO THE BOARD STATE OF COLORADO) SS COUNTY OF WELD ) CLERK TO THE BOARD PHONE: (970) 400-4226 FAX: (970) 336-7233 1150 O STREET P.O. BOX 758 GREELEY, COLORADO 80632 I, Esther E. Gesick, Clerk to the Board of County Commissioners, in and for the County of Weld, State of Colorado, do hereby certify that the attached eighteen (18) pages are true and correct excerpts from Chapter 23 Zoning (Sec. 23-3-40 — Uses by Special Review; and Sec. 23- 2-230 — Duties of Board of County Commissioners), and Chapter 22 Comprehensive Plan (Sec. 22-2-20 — Agricultural Goals and Policies; Sec. 22-2-40 — Urban Development Goals and Policies; Sec. 22-2-80 — Industrial Development Goals and Policies; and Sec. 22-2-100 — Commercial Development Goals and Policies), of the Weld County Code. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County at Greeley, Colorado, this 20th day of February, 2018. CLERK TO THE BOARD _mn r r MENDED RESOLUTION (This Amended Resolution is for the purpose of complying with the Court's Order Remanding Case No. 2017CV30547, in the case of VVW, L' C v. The Board of County Commissioners of Weld County, Colorado, et al, wherein the Court's directive was for the Board to amend its Resolution of June 21, 2017, in order to make findings of fact necessary for judicial review.) RE: ACTION OF THE BOARD COCER ING SITE SPECIFIC DEVELOPMENT PLAN AN USE :Y SPECIAL REVIEW PERMIT, USR17-0616, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMME "CIAL OR INDUSTRIAL ZOh'IE DISTRICTS (RV AND BOAT STORAGE, A DUMP STATION, ENCLSED SELF -STORAGE AND THE PARKING AND STAGING OF TRASH CONTAINERS, ROHL-OFFS, AND VEHICLES AND/OR EQUIPMENT TO PICK UP AND DELIVE E AND FOUR (4) INDIVIDUAL FLEX OFFICE, BUILDINGS) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT O!' PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT — WW, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority .f administering the affairs of Weld County, Co orado, and WHE = ,a: S9 the Board of County Commissioners held a public hearing on the 21st day of June, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of VVW, LLC, 9896 Rosemont Ave., Suite 104, Lone Tree, CO 80124, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0016, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (RV and boat storage, a dump station, enclosed self -storage and the parking and staging of trash containers, roll -offs, and vehicles and/or equipment to pick up and deliver same and four (4) individual flex office buildings) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot B of Recorded Exemption, RECX16-0076; being part of the W1/2 SE1/4 /4 of Section 33, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was present and represented by Julie Coleman, 4828 Bluegate Drive, Highlands Ranch, CO 80126, 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: 2017-1683 PL2475 DENY USE BY SPECIAL REVIEW PERMIT (USR17-0016) — WW, LLC PAGE 2 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. The Applicant has the burden to demonstrate "That the proposal is consistent with in Chapter 22 and any other applicable code provisions r ordinances in effect." Section 23-2-230.B.1 — The Board finds that the proposed uses is are not consistent with Chapter 22, specifically in the following Code References: 1) Section 22-2-20 Agriculture Goals and Policies (A.Goal 1, A.Goal 2, A.Policy 2.3, A.Goal 4, A.Goal 9) A.Goal 1 states: "Respect and encourage the continuation of agricultural land uses and agricultural operations for purposes which enhance the economic health and sustainability of agriculture." A.Goal 2 states: "Continue the commitment to viable agriculture in Weld County through mitigated protection of established (and potentially expanding) agricultural uses from other proposed new uses that would hinder the operations of the agricultural enterprises." 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." A.Goal 4 states: "Promote a quality environment which is free of derelict vehicles, refuse, litter and other unsightly materials." 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 proposal is not consistent with these Agricultural Goals and Policies and in support, finds as follows: The proposed operation would have Fecrea,ional Vehicle (RV) and boat storage of 35 t,•, 40 vehicles per acre, a dump station, more than 500 self -storage units commercial size trash containers (roll offs), and vehicles and equipment associated with the operation At present, the area does not include operations of this scale. Most surrounding operations include some agricultural component. The site is large and would have no agricultural or residential component in an agricultural area. Of the 27 surrounding parcels, 50% are residential. Noise levels would be raised to commercial or industrial levels in an area which presently has residential noise levels. The Planning Commission determined that the proposed operation was not compatible with the Weld County Comprehensive Plan and recommended denial. The application was not amended between 2017-1683 PL2475 DENY USE BY SPECIAL REVIEW PERMIT (USR17-0016) — WW, LLC PAGE 3 the Planning Commission hearing and the Board of County Commissioner hearing. 2 3 4 Section 22-2-40 Urban Development Goals and Policies (UD.Goal 1) UD.Goal 1 states: "Concentrate urban development within existing municipalities, an approved Intergovernmental Agreement urban growth area, the Regional Urbanization Areas, County Urban Growth oundary Areas, Urban Development Nodes or where urban infrastructure is currently available or reasonably obtainable." The Boars finds that the proposal is not consistent witn this Lrban Development Goal and in support, finds as follows: The site is located equidistant between the cities of Brighton and Northglenn, and is not located adjacent to, or within, the intergovernmental agreement boundary of any municipality. It is not located in a Regional Urbanization Area. The proposed operation is urban in nature. Section 22-2-80 Industrial Development Goals and Policies (I.Goal 1, I.Goal 6) I.Goal 1 states: "Promote the location of industrial uses within municipalities, County Urban Growth Boundary areas, Intergovernmental Agreement urban growth areas, growth management areas as defined in municipalities' comprehensive plans, the Regional Urbanization Areas, Urban Development Nodes along railroad infrastructure or where adequate services are currently available or reasonably obtainable." I.Goal 6 states: "Minimize the incompatibilities that occur between industrial uses and surrounding properties." The Board finds that the proposal is not consistent with these Industrial Goals ano in support, finds as follows: The proposed operation is commercial and industrial in nature. The site is rural residential and agricultural in nature. The site is not located within any Regional Lrbanization Area, Urban Development Nooe, Intergovernmental Agreement or Coordinated Planning Agreement area, and is not located close to any Weld County municipality. The RV and boat storage primarily would serve customers in municipalities that are not permitted to park their vehicles at their homes. The proposed operation will not serve the neighbors. Section 22-2-100 Commercial Development Goals and Policies (C.Goal 1, C.Goal 2, C.Goal 5) 2017-1683 PL2475 DENY USE BY SPECIAL REVIEW PERMIT (USR17-0016) — WW, LAC PAGE 4 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." 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." C.Goal 5 states: "Minimize the incompatibilities that occur between commercial uses and surrounding properties." The Board finds that the proposal is not consistent with these Commercial Goals and in support, finds as follows: The proposed operation is commercial and industrial in nature. The site is rural residential and agricultural in nature. The site is not located within any Regional Urbanization Area, Urban Development Node, Intergovernmental Agreement or Coordinated Planning Agreement area, and is not located close to any Weld County municipality. The RV and boat storage primarily would serve customers in municipalities that are not permitted to park their vehicles at their homes. The proposed operation will not serve the neighbors. B The Applicant has the burden to demonstrate "That the USES which would be permitted will be compatible with the existing surrounding land LSES." Section 23-2-230.B.3 — The Board finds that the uses which will be permitted will not be compatible with the existing surrounding land uses and in support, finds as follows: The neighborhood near the site is primarily rural residential and agricultural. Of the 27 directly surrounding properties, 50% have residential use. There are 24 homes on one section, and. six .o - another surrounding area. Of these rural residential homes, many are close to the proposed site, and each appears to have some agricultural component. Neighbors describe the proposed storage area as having no road to buffer the view of the storage area like that which is found in nearby storage facilities. The landscaping plan was not included in the applicant's request, although it was described at the presentation. Due to the topography of the site, the landscaping plan is not adequate to block most neighbors' views of the development as proposed on the 76 acres. At present, the use of the property as proposed would be visible to the surrounding areas on the southern sides, thus, visually changing the character of the area. Although the applicant provided evidence of other potentially commercial uses in the area, most or all of them are agricultural in nature, and none of them substantially change the character of the neighborhood. The boundary on the east side of the property holds an approved RV boat and storage facility, Brighton Boat and Storage, which is a small family -owned operation according to the neighbors. According to testimony at the hearing, even with this small size it still causes disruption due to the hours that customers use the facility. Neighbors described this 2017-1683 PL2475 DENY USE BY SPECIAL REVIEW PERMIT (USR17-0016) — WW, LLC PAGE 5 small operation as 2417 hours operation. Ai ooerati0n to the southwest is a machine and welding shop approvec by USR which the neighborfowner, Goddard, states this is a small fami.y operatioi to service other agricultural operations anc seldom operated now due to his a•e. whe la.dscaping business now is really not in operati0 i _ Shipprg containers exist on property to the south. The neighbor/owner related that those are used for his agricult:ral reeds. Applica 2t cited the Bidwell property which holds trucking containers. The nei hboriowner uses these for storage while developing a residence on the _ �,oroperty. The neighbor Torgeson has property with tw0 (2) large barns and shipping containers which were described as _ being dcvcloped for a rural residentia of a Col licantts property. To the north pertline within 112 mile exist natu my Roads (CR) 4 and f 0q which is approximate al las facilities o V 2 miles from the access location of the applicants prow on CR 2. he uilities are on the port h side away from Ire access p; jint of the oroposec date opment. Those areas to tie norti side that have uti ity operations are away from the accoss point of the proposed development and are not sufficient to change the character of the _ agricultural residentia° _ character of this nei hborho .Tnese existin operations do not change the character of the present zoning C. The Applicant has the burden to demonstrate "That the USES which would be permitted will be compatible with the future DEVELOPMET of the surrounding area as permitted by the existing zone and with future DEVELOPMENT as projected by Chapter 22 of this Code and any other applicable code provisions or ordinances in effect, or the adopted MASTER PLANS of affected municipalities." Section 23-2-230.B.4 — The Board finds that the uses which will be permitted will not 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 dny other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. In susypo the Board finds as follows: This area is expected to continue wit's rural residential and agricultural uses. The neighbors described that their plans for _ the future included continuing livin• a rural lifestyle. Compelling state m e nts were made by neighbors that the proposed use wou their ability t0 complete their pans to exist in a rural d change Residential settin .Two described that they are in the orocess of building "drum" homes but that would not be possible if this area was developed as proposed by the applicant. Neighbors claimed that the development of this ropert world be significant en0ugn to change their desires to gain Rural Exe mptbns for use of their iailperty for other r�:ral residential oui[cs. A large commercial development of this size is a significant change such that the future use of the area would likely result in changes _ that reflect the scope of the operation. The iandscaping would not be sufficient to eliminate the visual resence _ of _ the operation.. Use of 'he operatioi at present envisions over 500 storag application e units a nd 700-300 boat and RV stora eparFings ots.T e roo0ses approximately 1,200 customers. Tho roll off business 2017-1683 PL2475 DENY USE BY SPECIAL REVIEW PERMIT (USR17-0016) — WW, LAC PAGE 6 would include trucks comin. and oin daily as well. These operations will have a high volume of use in the future, thus, directly imftacting the "quiet and rural" character of the area. —he a a olica it was not clear as to what other uses would occur in the future on this development if the use chance to commercial/industrial. This is not the same future that the neighbors planned as owners in this area. F r the future to be consistent with the oast _ the proposed use by this applicant is not harmonious either as agricultural or rural residential because of the size and types of operation pr posed by the applicant. D The Applicant must demonstrate "That there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the NEIGHBORHOOD and the COUNTY." Section 23-2-230.B.7 — The Board finds that 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 do not ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. The application does not provide adequate provision for mitigation of increased crime and traffic hazards, or decreased property values. in supprt, the Board fines as follows: Traffic would be impacted significantiy by the increase in use if the change was approved. At the present time, the only access is on to County Road (CR) 2 at the top of a hill. No turn lanes exist onto the property from CR 2. The last traffic stud ; , completed in 2014, showed 3,121 average dal y vehicle use, with 14% trucks. eighbors are a ready concerted with the increased traffic since the last traffic study due to the construction of subdivisions in Adams County. Traffic will increase substantially due to the number of self -storage units, the RV and boat storage, and the roll off business. Although the applicant relied on the future possibility that CR 2 would be widened into a four lane road, improvements WOL c need to be made immediately to CR 2. Although CR 2 is designated as an arterial road, there is no immeciate plan to make the necessary imorvements to CR 2. Many arterial roads within Weld County remain as two-lane roads. There is a need _ to allow safe egress and ingress to the pry -pert y and not hinder the flow of traffic on CR 2 by the addition of the proposed use. This lack of accommodation for traffic detrimentally impacts the safety and welfare of the inhabitants and the county. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of WW,LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0016, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (RV and boat storage, a dump station, enclosed self -storage and the parking and staging of trash containers, roll -offs, and vehicles and/or equipment to pick up and deliver same and four (4) individual flex office buildings) 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. 2017-1683 PL2475 DENY USE BY SPECIAL REVIEW PERMIT (USR17-0016) — WW, LLC PAGE 7 The above and foregoing Amended Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of February, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Steve Moreno, Chair Weld County Clerk to the Board Barbara Kirkmeyer, Pro -Tern BY: Deputy Clerk to the Board Sean P. Conway APPROVED AS TO FORM: Julie A. Cozad County Attorney Mike Freeman Date of signature: 2017-1683 PL2475 2/20/2018 Weld County, CO Charter and County Code Sec. 23-3-40. - Uses by special review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the A (Agricultural) Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. A. Mineral resource development facilities including: 1. OIL AND GAS STORAGE FACILITIES. 2. OIL AND GAS SUPPORT AND SERVICE. 3. Open pit MINING and materials processing, subject to the provisions of Article IV, Division 4 of this Chapter. 4. Asphalt and concrete batch plants. 5. Coal gasification facilities. 6. MINING or recovery of other mineral deposits located in the County, subject to the provisions of Article IV, Division 4 of this Chapter. 7. TRANSLOADING. B. Agricultural Service establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including: 1. Sorting, grading and packing fruits and vegetables for the grower. 2. Grain and/or feed elevators. 3. Crop dusting or spraying operations facilities (includes hangars, landing trips, fertilizer storage facilities, insecticide storage facilities, fuel storage facilities and OFFICES ACCESSORY to the crop dusting or spraying operation). 4. Farm equipment sales, repair and installation facilities. 5. Veterinary clinics or hospitals. 6. Grain and feed sales. 7. Commercial grain storage and drying. 8. Fertilizer storage, mixing, blending and sales. 9. Seed production, processing, storage, mixing, blending and sales. 10. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL UNITS permitted in Subsection 23-3-50.D below is exceeded and/or when the traffic that is generated by the boarding or training activity exceeds sixty (60) trips per day to and from the property. 11. Alcohol production exceeding ten thousand (10,000) gallons per year or the sale or loan of alcohol occurring to any other person not involved in the alcohol production operation. 12. Animal waste recycling or processing facilities. 13. Custom meat processing. 14. LIVESTOCK sale barns and facilities. 15. Forage dehydration facilities. 16. LIVESTOCK CONFINEMENT OPERATIONS. 17. Rodeo Arenas, Commercial 18. Roping Arenas, to include both indoor and outdoor arenas, commercial. 1/3 2/20/2018 Weld County, CO Charter and County Code C. Recreational facilities and USES including: 1. Race tracks and race courses. 2. DRIVE-IN THEATERS, subject to the provisions of Section 23-4-410. 3. Golf courses. 4. Shooting ranges, subject to the provisions of Section 23-4-370. 5. Guest farms and hunting lodges. 6. Fairgrounds. 7. PUBLIC or commercial camping. 8. COMMERCIAL RECREATIONAL FACILITIES. D. Public Utilities facility, including: 1. Equipment storage or repair facilities, subject to the provisions of Section 23-4-420. 2. Storage tanks, subject to the provisions of Section 23-4-420. 3. MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES, subject to the provisions of Section 23-4-420. E. PUBLIC and quasi -PUBLIC BUILDINGS including: 1. CHURCHES. 2, Private SCHOOLS. 3. Administrative OFFICES or meeting halls for agricultural organizations. 4. County Grader shed in or adjacent to a platted subdivision or Townsite. F. AIRPORTS and AIRSTRIPS. G. JUNKYARDS or salvage YARDS. H. KENNELS, subject to the additional requirements of Section 23-4-400. I. Solid Waste Disposal sites and facilities, subject to the additional requirements of Section 23-4-380. J. Keeping, raising or boarding of EXOTIC ANIMALS. K. One (1) or more microwave, radio, television or other communication transmission or relay tower over seventy (70) feet in height per LOT. Commercial towers subject to the provisions of Section 23-4-800. L. TELECOMMUNICATION ANTENNA TOWERS which require a Use by Special Review Permit, subject to the provisions of Article IV, Division 10 of this Chapter. M. One (1) SINGLE-FAMILY DWELLING UNIT per LOT other than those permitted under Section 23-3-20 A above. N. MULTI -FAMILY DWELLINGS for persons PRINCIPALLY employed at or engaged in FARMING, RANCHING or GARDENING. O. Expansion or extension of NONCONFORMING USES. P. HOME BUSINESS. Q. ACCESSORY BUILDINGS with GROSS FLOOR AREA larger than four percent (4%) of the total lot area, as detailed in Section 23-3-30 above, per BUILDING on LOTS in an approved or recorded subdivision plat or LOTS part of a map or plan field prior to adoption of any regulations controlling subdivisions. R. CORRECTIONAL FACILITY. S. Any use permitted as a Use by Right, an ACCESSORY USE, or a Use by Special Review in the COMMERCIAL or industrial zone districts, provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions. PUD 2/3 2/20/2018 Weld County, CO Charter and County Code development proposals shall not be permitted to use the special review permit process to develop. T. CHILD CARE CENTER. U. BED AND BREAKFAST FACILITY. V. More than one (1) semi -trailer when used as a personal storage unit, on lots in an approved or recorded subdivision plat or LOTS which are part of a map or plan filed prior to the adoption of any regulations controlling subdivisions; and more than two (2) semi -trailers on agricultural parcels not in an approved or recorded subdivision plat of LOTS which are part of a map or plan filed prior to the adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. W. USES similar to the USES listed above as Uses by Special Review as long as the USE complies with the general intent of the A (Agricultural) Zone District. X. PROCESSING. Y. RESEARCH LABORATORY. Z. HEAVY MANUFACTURING, PROCESSING. AA. WIND TURBINE. Height stipulation of seventy (70) feet or less does not apply. BB. More than the number of cargo containers allowed as a use by right per legal lot or parcel. CC. Cemetery. DD. RESIDENTIAL THERAPEUTIC CENTER. EE. WIND GENERATORS requiring the issuance of a use by special review permit, as per Chapter 23, Article II, Division 4 and Chapter 23, Article IV, Division 6 of this Code. FF. BREWERY. GG. BREWPUB. HH. DISTILLERY. II. WINERY. JJ. NONCOMMERCIAL TOWERS greater than one hundred thirty (130) feet in height. KK. PIPELINE - DOMESTIC WATER. LL. PIPELINE - NATURAL GAS. MM. PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. NN. SMALL SCALE SOLAR FACILITY. OO. MEDIUM SCALE SOLAR FACILITY. (Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2002-9; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2005-01; Weld County Code Ordinance 2006-2; Weld County Code Ordinance 2007-1; Weld County Code Ordinance 2007-14; Weld County Code Ordinance 2008-16; Weld County Code Ordinance 2009-8 ; Weld County Code Ordinance 2010-6 ; Weld County Code Ordinance 2011-9 ; Weld County Code Ordinance 2012-3 ; Weld County Code Ordinance 2012-4 ; Weld County Code Ordinance 2013-15; Weld County Code Ordinance 2015-1 ; Weld County Code Ordinance 2015-25 ; Weld County Code Ordinance 2015-27 ; Weld County Code Ordinance 2016-07 ) 3/3 2/20/2018 Weld County, CO Charter and County Code Sec. 23-2-230. - Duties of Board of County Commissioners. A. The Board of County Commissioners shall: 1. Set a Board of County Commissioners public hearing, to take place not more than forty-five (45) days after receipt of the Planning Commission recommendation, or upon request of the applicant, for consideration of the proposed Special Review Permit. 2. Arrange for legal notice of said hearing to be published once in the newspaper designated by the Board of County Commissioners for publication of notices. At the discretion of the Board of County Commissioners, a second notice may be published in a newspaper which is published in the area in which the Use by Special Review is proposed. The failure to publish the second notice shall not create a jurisdictional defect in the hearing process. The date of publication shall be at least ten (10) days prior to the hearing. 3. Give notice of the application for a Special Use Permit and the public hearing date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first class, not less than ten (10) days before the scheduled public hearing. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate ). Inadvertent errors by the applicant in supplying such list or the Board of County Commissioners in sending such notice shall not create a jurisdictional defect in the hearing process, even if such error results in the failure of a surrounding property owner to receive such notification. 4. Arrange for the Department of Planning Services to post a sign on the property under consideration for a Special Review Permit according to the requirements of Section 23-2-210 B.4 of this Article. B. The Board of County Commissioners shall hold a public hearing to consider the application and to take final action thereon. In making a decision on the proposed Use by Special Review, the Board of County Commissioners shall consider the recommendation of the Planning Commission, and from the facts presented at the public hearing and the information contained in the official record which includes the Department of Planning Services case file, the Board of County Commissioners shall approve the request for the Special Review Permit only if it finds that the applicant has met the standards or conditions of this Subsection B and Sections 23-2-240 and 23-2-250 of this Division. The applicant has the burden of proof to show that the standards and conditions of this Subsection B and Sections 23-2- 240 and 23-2-250 of this Division are met. The applicant shall demonstrate: 1. That the proposal is consistent with in Chapter 22 and any other applicable code provisions or ordinances in effect. 2. That the proposal is consistent with the intent of the district in which the USE is located. 3. That the USES which would be permitted will be compatible with the existing surrounding land USES. 4. That the USES which would be permitted will be compatible with the future DEVELOPMENT of the surrounding area as permitted by the existing zone and with future DEVELOPMENT as projected by Chapter 22 of this Code and any other applicable code provisions or ordinances in effect, or the adopted MASTER PLANS of affected municipalities. 5. That the application complies with Article V of this Chapter if the proposal is located within any 1/2 2/20/2018 Weld County, CO Charter and County Code Overlay District Area identified by maps officially adopted by the County. 6. That if the USE is proposed to be located in the A (Agricultural) Zone District, the applicant has demonstrated a diligent effort has been made to conserve PRIME FARMLAND in the locational decision for the proposed use. 7. That there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the NEIGHBORHOOD and the COUNTY. C. Where reasonable methods or techniques are available to mitigate any negative impacts which could be generated by the proposed USE upon the surrounding area, the Board of County Commissioners may condition the decision to approve the Special Review Permit upon implementation of such methods or techniques and may require sufficient performance guarantees to be posted with the COUNTY to guarantee such implementation. D. Upon the Board of County Commissioners making its final decision, a resolution setting forth that decision will be drafted and signed. A record of such action and a copy of the resolution will be kept in the files of the Clerk to the Board. E. If the Special Review Permit is approved, the Board of County Commissioners shall arrange for the Department of Planning Services to record the Special Review Permit Plan map with the County Clerk and Recorder. (Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2007-14) 2/2 2/20/2018 Weld County, CO Charter and County Code Sec. 22-2-20. - Agriculture goals and policies. A. A.Goal 1. Respect and encourage the continuation of agricultural land uses and agricultural operations for purposes which enhance the economic health and sustainability of agriculture. 1. A.Policy 1.1. Establish and maintain an agricultural land use designation to promote the County's agricultural industry and sustain viable agricultural opportunities for the future. 2. A.Policy 1.2. Support the development of creative policies for landowners to voluntarily conserve agricultural land. a. Recommended StrategyA. 1.2.a. Examine opportunities to provide preservation techniques and incentives for voluntary conservation. 3. A.Policy 1.3. Encourage management practices which sustain practical agricultural productivity when irrigated lands are converted to nonirrigated agricultural uses through water transfers, dry -ups or land - idling programs. a. Recommended Strategy A. 1.3.a. Explore incentives or programs to ensure that weeds are properly managed on dried-up properties. 4. A.Policy 1.4. Recognize the changing dynamics of agricultural land uses, their locations and the size and scope of operations when developing land use regulations. 5. A.Policy 1.5. Support and entice agriculturally related businesses and processing facilities. B. A.Goal 2. Continue the commitment to viable agriculture in Weld County through mitigated protection of established (and potentially expanding) agricultural uses from other proposed new uses that would hinder the operations of the agricultural enterprises. 1. A.Policy 2.1. Adjacent lands owned or leased by an agricultural operation should be used in determining allowable animal unit densities. 2. A.Policy 2.2. 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. a. Recommended StrategyA.2.2.a. Establish land use regulations which minimize burdensome restrictions placed on the land use changes. b. Recommended StrategyA.2.2.b. Facilitate a timely determination in the approval process for agriculturally related enterprises. 3. A.Policy 2.3. 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. C. A.Goal 3. County land use regulations recognize and respect the rights afforded by the State Constitution and associated statutes of individually decreed water rights. Water rights are considered real property and should be protected as any other private property right. 1. A.Policy 3.1. Land use regulations and policies should encourage water rights to voluntarily remain and be put to beneficial use in the County. 2. A.Policy 3.2. Land use regulations should not interfere with the transfer of water rights and/or their associated uses. 1/5 2/20/2018 Weld County, CO Charter and County Code 3. A.Policy 3.3. Land use regulations should consider the traditional and future operational viability of water -di infrastructure when applications for proposed land use changes are considered. 4. A.Policy 3.4. Land use regulations should attempt to limit increased exposure of liability to water -delivery entities when land use changes are considered. D. A.Goal 4. Promote a quality environment which is free of derelict vehicles, refuse, litter and other unsightly materials. 1. A.Policy 4.1. Property owners should demonstrate responsibility of ownership by minimizing safety and health hazards resulting from, but not limited to, unsafe or dangerous structures and noncommercial junkyards. a. Recommended StrategyA.4. 1.a, Develop programs for cleanup of abandoned property, junk and weeds. E. A.Goal 5. Provide for the minimum buildable lot size of parcels in the agricultural areas created without County approval to be in conformance with state statutes. 1. A.Policy 5.1. Recognize that viable agricultural operations can function on small acreages. a. Recommended StrategyA.5.1.a. Review County regulations and consider creating a minimum lot size standard of thirty-five (35) acres in agricultural areas. F. A.Goal 6. Provide mechanisms for the division of land in agricultural areas to support the continuation of agricultural production. 1. A.Policy 6.1. Support the continuation of division of lands in agricultural areas that are exempt from subdivision regulations. a. Recommended Strategy A.6, 9.a. Consider road reservation/dedication and road access location requirements for land use changes that are exempt from the subdivision process, as applicable, and in accordance with the Weld County Transportation Master Plan. 2. A.Policy 6.2. Support opportunities, such as but not limited to hobby farming and home businesses, to supplement family income and reduce living expenses for farm families and others who prefer a rural lifestyle. 3. A.Policy 6.3. Encourage multi -generational, caretaker, guest and accessory quarters. a. Recommended StrategyA.6,3.a. Develop land use regulations that allow for auxiliary housing, without an attachment or square footage requirement, on agricultural lands that are suitable for those uses. This would include those units that are now considered nonconforming. Regulations could address compatibility and impacts associated with such housing. 4. A.Policy 6.4. Encourage agri-tourism. a. Recommended StrategyA.6.4.a. Review land use regulations to ensure that they are consistent with this Policy and that they support agri-tourism, Explore other regulatory and nonregulatory options that promote and enable rural tourism events and sites. G. A.Goal 7. County land use regulations should protect the individual property owner's right to request a land use change. 1. A.Policy 7.1. County land use regulations should support commercial and industrial uses that are directly related to, or dependent upon, agriculture, to locate within the agricultural areas, when the impact to surrounding properties is minimal, or can be mitigated, and where adequate services are currently available or reasonably obtainable. a. Recommended Strategy A. 7. 1.a. Review the zoning regulations to ensure that they are consistent with this Policy. 2/5 2/20/2018 Weld County, CO Charter and County Code 2. A.Policy 7.2. 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. a. Recommended Strategy A.7.2.a. Review land use regulations for small home -based businesses that are not uses allowed by right in the Agricultural Zone District, and which are located in rural subdivisions. 3. A.Policy 7.3. Conversion of agricultural land to urban residential, commercial and industrial uses should be considered when the subject site is located inside an Intergovernmental Agreement area, Urban Growth Boundary area, Regional Urbanization Area or Urban Development Nodes, or where adequate services are currently available or reasonably obtainable. A municipality's adopted comprehensive plan should be considered, but should not determine the appropriateness of such conversion. H. A.Goal 8. Ensure that adequate services and facilities are currently available or reasonably obtainable to accommodate the requested new land use change for more intensive development. 1. A.Policy 8.1. The land use applicants should demonstrate that adequate sanitary sewage and water systems are available for the intensity of the development. 2. A.Policy 8.2. The land use applicants are responsible for contacting and determining the status of a water well through the State Division of Water Resources and should be aware that ownership of a parcel of land with a well does not guarantee the use of the well. 3. A.Policy 8.3. The land use applicants should demonstrate that the roadway facilities associated with the proposed development are adequate in width, classification and structural capacity to serve the proposed land use change. 4. A.Policy 8.4. The land use applicants should demonstrate that drainage providing stormwater management for the proposed land use change is adequate for the type and style of development and meets the requirements of county, state and federal rules and regulations. 5. A.Policy 8.5. The land use applicants should demonstrate that public service providers, such as but not limited to schools, emergency services and fire protection, are informed of the proposed development and are given adequate opportunity to comment on the proposal. I. A.Goal 9. Reduce potential conflicts between varying land uses in the conversion of traditional agricultural lands to other land uses. 1. A.Policy 9.1. Employ consistency and fairness in the application of the principles of this Comprehensive Plan to help reduce conflicts between the residents, the County, the municipalities and the varying land uses. 2. A.Policy 9.2. Consider the individuality of the characteristics and the compatibility of the region of the County that each proposed land use change affects, while avoiding requirements that do not fit the land use for that specific region. 3. A.Policy 9.3. Consider mitigation techniques to address incompatibility issues. Encourage techniques and incentives, such as but not limited to clustered development and building envelopes, to minimize impacts on surrounding agricultural land. 4. A.Policy 9.4. Consider conservation of natural site features such as topography, vegetation and water courses, in conjunction with the conversion of land uses. a. Recommended Strategy A.9.4.a. Provide land owners with information about voluntary techniques to preserve significant agricultural lands, historic sites and wildlife habitats. 5. A.Policy 9.5. Applications for a change of land use in the agricultural areas should be reviewed in 3/5 2/20/2018 Weld County, CO Charter and County Code accordance with all potential impacts to surrounding properties and referral agencies. Encourage applicants to communicate with those affected by the proposed land use change through the referral process. 6. A.Policy 9.6. Municipalities should be encouraged to include all private property owners, business owners and residents outside of their municipal boundaries in any growth management discussions and decisions that affect the future land use of such private property owners' land. a. Recommended Strategy A.9.6.a. Collaborate with municipalities to notify unincorporated property owners of municipal land use policies that may affect the future land uses of private property owners' land. 7. A.Policy 9.7. Protect privately owned open space. Privately owned agricultural lands provide relatively open landscapes. Unlike urban open space areas, public access to these lands is not allowed. These lands are not guaranteed to remain traditional agricultural lands, but can be converted by the individual land owner to other uses through the appropriate land use processes. a. Recommended Strategy A. 9.7.a. Explore strategies for educating the public about protecting privately owned open space. A.Goal 10. The County recognizes the right to farm. 1. A.Policy 10.1. Distribute informational handouts and make available electronic sources of information pertaining to what should be expected of living in agricultural areas, for use by rural homeowners, landowners and residents. 2. A.Policy 10.2. In order to validate this recognition of a right to farm, the statement listed below should be incorporated into all land use plats and Homeowners' Association (HOA) documents. J. Weld County 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. 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. 4/5 2/20/2018 Weld County, CO Charter and County Code Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high-speed traffic, sand burs, puncture vines, territorial farm dogs and livestock and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. (Weld County Code Ordinance 2002-6; Weld County Code Ordinance 2008-13) 5/5 2/20/2018 Weld County, CO Charter and County Code Sec. 22-2-40. - Urban development Goals and Policies. A. UD.Goal 1. 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. 1. UD.Policy 1.1. Individuals making initial contact with the County regarding land use development should be informed of the policy of directing urban development to the areas described above. 2 UD.Policy 1.2. Providing urban infrastructure and/or services should be the responsibility of the landowner proposing urban development. 3. UD.Policy 1.3. The official Urban Development Map will be compiled based on the tools and policies discussed in this Section. The current copy of the Urban Development Map is maintained on file at the Department of Planning Services. B. UD.Goal 2. Strive to establish an Intergovernmental Agreement concerning urban growth areas with each municipality in the County. 1. UD.Policy 2.1. The County should consider the following elements when beginning to form an Intergovernmental Agreement with a municipality concerning urban growth areas: a Establish an agreed -upon urban growth area boundary, giving consideration to the municipality's comprehensive plan. Likewise, the municipality agrees to limit its expansion to defined areas where it plans to provide municipal services within a defined time period. • Annexation patterns should directly correlate with municipalities' and/or agencies' recognized service areas and the timing of infrastructure availability. @ Annexations should be with both municipality and County approvals. e Expansion of municipal boundaries through annexation should include notification of all unincorporated property owners within one (1) mile of the subject property. ® Common development standards should be agreed upon within designated geographic areas, which may include areas within the municipal boundaries. These should include items such as roadways (types, widths, horizontal design, access and spacing) and drainage (on -site, off -site, discharge, easement treatment and regional facilities). e Establish provisions addressing extension of infrastructure and services required by urban development. Include a definite time line and capital improvements funding strategy for roadways, sewer, water, drainage, schools, emergency services, civic facilities and other infrastructure and services necessary to support urban development, defining how and when these areas will be served. ® Establish provisions for removal of property from the Intergovernmental Agreement urban growth area if infrastructure and service provision is not completed as described above. a Strive to set common urban development fees within the Intergovernmental Agreement urban growth area, to encourage parity when a developer is processing land use cases in either the County or a municipality. ® Municipalities should take responsibility for roads that are annexed and the addressing of annexed properties. O Intergovernmental Agreements should also contain clauses addressing rural and agricultural land uses. 2. UD.Policy 2.2. Inform other area municipalities when an Intergovernmental Agreement between the 1/3 2/20/2018 Weld County, CO Charter and County Code County and a specific municipality is being considered. 3. UD.Policy 2.3. Support joint Intergovernmental Agreements with multiple municipalities, when appropriate. 4. UD.Policy 2.4. Inform property owners within and near the areas discussed in a potential Intergovernmental Agreement that the area is being considered for Intergovernmental Agreement policies. 5. UD.Policy 2.5. Update and revise Intergovernmental Agreements, as needed, because of changing conditions. a. Recommended Strategy UD.2.5.a. Utilize a third party, such as the Department of Local Affairs, to facilitate new and revised Intergovernmental Agreements discussions. 6. UD.Policy 2.6. Consider agreements with municipalities that Planning Staff be notified and invited to any pre -hearing neighborhood meetings for municipal land use cases near unincorporated areas, so that unincorporated County residents' concerns can be noted and included in County referral comments to the municipality. C. UD.Goal 3. Until Intergovernmental Agreements are in place with a particular municipality, define a standard County Urban Growth Boundary as a one -quarter -mile perimeter around the municipal limits that are currently physically served by central sewer (whether by the municipality or other recognized agencies). 1. UD.Policy 3.1. In the absence of an Intergovernmental Agreement urban growth area, the County recognizes a County Urban Growth Boundary. 2. UD.Policy 3.2. The perimeter of a County Urban Growth Boundary should be modified if it is apparent that physical boundaries prevent the extension of sewer service, 3. UD.Policy 3.3. Inside the County Urban Growth Boundary, urban -type uses and services are planned and supported, and annexation is encouraged. 4. UD.Policy 3.4. Inform all property owners in the County Urban Growth Boundary that their property is within the County Urban Growth Boundary. 5. UD.Policy 3.5. Encourage any lower -density uses proposed within the County Urban Growth Boundary to be designed in a manner that will accommodate more intensive redevelopment, as planned or projected, for the future in that location. D. UD.Goal 4. Define Urban Development Nodes as being located within a one -quarter -mile radius of two (2) or more roads in the state highway system, or as otherwise defined. 1. UD.Policy 4.1. Development of Urban Development Nodes requires appropriate infrastructure, well - designed and managed road access and high visibility. 2. UD.Policy 4.2. Encourage urban development within Urban Development Nodes. 3. UD.Policy 4.3. Other Urban Development Nodes may be designated at significant roadway intersections, in areas where commercial services would otherwise not be practically available within a reasonable proximity. Such other Urban Development Nodes should be determined in conjunction with transportation planning. E. UD.Goal 5. The County and municipalities should strive to coordinate urban land use planning in cooperative planning areas, including such items as development policies and standards, zoning, street and highway construction, open space, public infrastructure and other matters associated with urban development. 1. UD.Policy 5.1. The County should consider approving an urban development proposal if all of the 2/3 2/20/2018 Weld County, CO Charter and County Code following criteria are met: • The adjacent municipality does not consent to annex the land or property in a timely manner, or annexation is not legally possible. • The proposed development, including public facility and service provision, is consistent with other urban -type uses and conforms to County regulations. • The proposed urban development attempts to be compatible with the adjacent municipality's comprehensive plan (though it may not necessarily conform to it). 2. UD.Policy 5.2. Encourage joint planning, by the County, metropolitan planning organizations and municipalities, of areas within cooperative planning areas and other significant areas of joint interest. Such joint planning could include the use of mutual studies, sub -area plans or shared data. a. Recommended Strategy UD.5.2.a. Conduct regular staff -level meetings between the County and municipalities. 3. UD.Policy 5.3. Support mechanisms to include landowners located outside municipal boundaries in the planning and review of urban development in and around the municipality. a. Recommended Strategy UD.5.3.a. Develop mechanisms to ensure that the expansion of municipal boundaries through annexation, and all urban developments inside or around the municipality, includes notification of all unincorporated property owners within one (1) mile of the subject property. 4. UD.Policy 5.4. Encourage municipalities to establish Intergovernmental Agreements with one another, recognizing the rights of private landowners in unincorporated Weld County. 5. UD.Policy 5.5. The County should diligently continue the three-mile referral process, regardless of any other agreements between a municipality and the County. (Weld County Code Ordinance 2002-6; Weld County Code Ordinance 2008-13) 3/3 2/20/2018 Weld County, CO Charter and County Code Sec. 22-2-80. - Industrial development Goals and Policies. A. (.Goal 1. Promote the location of industrial uses within municipalities, County Urban Growth Boundary areas, Intergovernmental Agreement urban growth areas, growth management areas as defined in municipalities' comprehensive plans, the Regional Urbanization Areas, Urban Development Nodes, along railroad infrastructure or where adequate services are currently available or reasonably obtainable. 1. (.Policy 1.1. Ensure that adequate industrial levels of services and facilities are currently available or reasonably obtainable to serve the industrial development or district. 2. I.Policy1.2. Encourage new industrial development within existing industrial areas. 3. I.Policy1.3. Encourage industrial development by improving major transportation corridors. a. Recommended Strategy 1.1.3.a. Identify these corridors in a Transportation Master Plan. B. (.Goal 2. Encourage appropriate industrial development to annex into a municipality if the new or expanding industrial development is adjacent to the municipality's corporate limits. 1. (.Policy 2.1. Municipalities may have comprehensive plans that include lands in unincorporated areas of the County. Applicants are encouraged to discuss their land use plans with those affected municipalities. a. Recommended Strategy I.2.1,a, Pursue Intergovernmental Agreements between municipalities and the County. C. I.Goal 3. Consider how transportation infrastructure is affected by the impacts of new or expanding industrial developments. 1. (.Policy 3.1. Support transportation systems within and into industrial developments that address a full range of mobility needs, and which effectively provide connectivity in a cost effective, efficient and comprehensive manner. 2. (.Policy 3.2 The land use applicant should demonstrate that the roadway facilities associated with the proposed industrial development are adequate in width, classification and structural capacity to serve the development proposal. a. Recommended Strategy 1.3.2.a. Coordinate transportation plans between Weld County, other counties, municipalities and otherjurisdictions. b. Recommended Strategy 1.3.2.b. Establish road reservation/dedication standards for industrial developments that are in accordance with the Weld County Transportation Master Plan. D. (.Goal 4. All new industrial development should pay its own way. 1. (.Policy 4.1. New development should pay for the additional costs associated with those services directly impacted by the new industrial development. 2. (.Policy 4.2. Cooperation or consolidation of urban services among counties, municipalities, special districts and companies should be encouraged, when appropriate, to avoid duplication and overlapping costs and to establish a satisfactory level of quality, quantity and dependability of those services. 3. (.Policy 4.3. The applicant has the option to provide a cost/benefit evaluation. This evaluation may be considered for potential economic incentives. a. Recommended Strategy 1.4.3.a. Develop criteria for considering if and when incentives are appropriate, E. (.Goal 5. New industrial uses or expansion of existing industrial uses should meet existing federal, state and local policies and legislation. 1. (.Policy 5.1. Industrial uses should be evaluated using criteria, including but not limited to the effect the industry would have on air and water quality, natural drainage ways, soil properties and natural 1/2 2/20/2018 Weld County, CO Charter and County Code patterns and suitability of the land. a. Recommended Strategy 1.5.1.a. Review the zoning regulations to ensure that they are consistent with this Policy. 2. (.Policy 5.2. Development improvements should minimize permanent visual scarring from grading, road cuts and other site disturbances. Require stabilization and landscaping of final land forms, and that runoff be controlled at historic levels. F. (.Goal 6. Minimize the incompatibilities that occur between industrial uses and surrounding properties. 1. (.Policy 6.1. Consider the compatibility with surrounding land uses and natural site features. a. Recommended Strategy 1.6.1.a. Establish development standards for such issues as use, building height, scale, density, traffic, dust and noise. b. Recommended Strategy 1.6.1.b. Consider identifying industrial sub -areas and corresponding design guidelines after notification to the relevant landowners. 2. (.Policy 6.2. Support the use of visual and sound barrier landscaping to screen open storage areas from residential uses or public roads. 3. (.Policy 6.3. Encourage informational neighborhood meetings for proposed industrial uses that do not require a public hearing. a. Recommended Strategy 1.6.3.a. Develop options for neighborhood meeting processes. 4. (.Policy 6.4. Ensure that industrial properties are free of derelict vehicles, refuse, litter and other unsightly materials. a. Recommended Strategy 1,6.4,a, Develop programs for cleanup of derelict property, junk and weeds. G. (.Goal 7. Recognize the importance of railroad infrastructure to some industrial uses. 1. (.Policy 7.1. Support the continued and expanded use of existing railroad infrastructure for industrial uses. 2. (.Policy 7.2. Communicate with landowners along railroads concerning the significance of railroads to some industrial uses. 3. (.Policy 7.3 Maintain development standards along heavy railroad lines. a. Recommended Strategy 1.7.3.a. Review existing regulations and consider development standards for industrial uses along heavy railroad. 4. (.Policy 7.4 Develop design guidelines along heavy railroad lines. a. Recommended Strategy I.7.4.a. Define heavy railroad in the Weld County Code. (Weld County Code Ordinance 2002-6; Weld County Code Ordinance 2008-13) 2/2 2/20/2018 Weld County, CO Charter and County Code Sec. 22-2-100. - Commercial development Goals and Policies. A. C.Goal 1. 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. 1. C.Policy 1.1. Ensure that adequate levels of services and facilities are currently available or reasonably obtainable. 2. C.Policy 1.2. Encourage new commercial development within existing commercial areas. 3. C.Policy 1.3. Neighborhood commercial uses should be allowed in residential areas. These commercial uses should consist only of neighborhood -oriented businesses. Commercial uses that service a greater area than the neighborhood and create an u ndesirable impact, such as increased vehicular traffic, are not considered appropriate in residential neighborhoods. B. C.Goal 2. Encourage appropriate commercial development to annex into a municipality if the new or expanding commercial development is adjacent to the municipality's corporate limits. 1. C.Policy 2.1. Municipalities may have comprehensive plans that include lands in u nincorporated areas of the County. Applicants are encouraged to discuss their land u se plans with those affected municipalities. a. Recommended Strategy C.2.1. a. Pursue Intergovernmental Agreements between municipalities and the County. C. C.Goal 3. All new commercial development should pay its own way. 1. C.Policy 3.1. New development should pay for the additional costs associated with those services directly impacted by the new commercial development. 2. C.Policy 3.2. Cooperation or consolidation of urban services among counties, municipalities, special districts and companies should be encouraged, when appropriate, to avoid duplication and overlapping costs and to establish a satisfactory level of quality, quantity and dependability of those services. D. C.Goal 4. New commercial uses or expansion of existing commercial uses should meet existing federal, state and local p licies and legislation. 1. C.Policy 4.1. Commercial uses should be evaluated using criteria, including but not limited to the effect the development would have on air and water quality, natural drainage ways, soil properties and natural patterns and suitability of the land. a. Recommended Strategy C.4.1,a, Review the zoning regulations to ensure that they are consistent with this Policy. 2. C.Policy 4.2. Commercial uses should be encouraged to enhance desirable natural 1/3 2/20/2018 Weld County, CO Charter and County Code features, which may include favorable space for wildlife, and minimize pollution. Development improvements should minimize permanent visual scarring from grading, road cuts and other site disturbances. Require stabilization and landscaping of final land forms, and that runoff be controlled at historic levels. E. C.Goal 5. Minimize the incompatibilities that occur between commercial uses and surrounding properties. 1. C.Policy 5.1. Consider the compatibility with surrounding land uses and natural site features. a. Recommended Strategy C.5.1.a. Establish development standards for such issues as use, building height, scale, density, traffic, dust and noise. b. Recommended Strategy C.5.1.b. Consider identifying commercial sub -areas and corresponding design guidelines after notification to the relevant landowners. 2. C.Policy 5.2. Support the use of visual and sound barrier landscaping to screen open storage areas from residential uses or public roads. 3. C.Policy 5.3. Encourage informational neighborhood meetings for proposed commercial uses that do not require a public hearing. a. Recommended Strategy C.5.3.a. Develop options for neighborhood meeting processes. 4. C.Policy 5.4. Ensure that commercial properties are free of derelict vehicles, refuse, litter and other unsightly materials. a. Recommended Strategy C.5.4.a. Develop programs for cleanup of derelict property, junk and weeds. F. C.Goal 6. Consider how transportation infrastructure is affected by the impacts of new or expanding commercial developments. 1. C.Policy 6.1. Support transportation systems within and into commercial developments that address a full range of mobility needs, and which effectively provide connectivity in a cost-effective, efficient and comprehensive manner. Encourage shared access points. 2. C.Policy 6.2. The land use applicant should demonstrate that the roadway facilities associated with the proposed commercial development are adequate in width, classification and structural capacity to serve the development proposal. a. Recommended Strategy C.6.2.a. Coordinate transportation plans between Weld County, other counties, municipalities and other jurisdictions. b. Recommended Strategy C.6.2.b. Establish road reservation/dedication standards for commercial developments that are in accordance with the Weld County Transportation Master Plan and with other local and regional transportation plans. (Weld County Code Ordinance 2002-6; Weld County Code Ordinance 2005-01; Weld County Code Ordinance 2006-2; Weld County Code Ordinance 2006-4; Weld County Ordinance 2008-13) 2/3 RESOLUTION RE: ACTION OF THE BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR17-0016, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (RV AND BOAT STORAGE, A DUMP STATION, ENCLOSED SELF -STORAGE AND THE PARKING AND STAGING OF TRASH CONTAINERS, ROLL -OFFS, AND VEHICLES AND/OR EQUIPMENT TO PICK UP AND DELIVER SAME AND FOUR (4) INDIVIDUAL FLEX OFFICE BUILDINGS) 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 - WW, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 21st day of June, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of WW, LLC, 9896 Rosemont Ave., Suite 104, Lone Tree, CO 80124, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0016, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (RV and boat storage, a dump station, enclosed self -storage and the parking and staging of trash containers, roll -offs, and vehicles and/or equipment to pick up and deliver same and four (4) individual flex office buildings) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot B of Recorded Exemption, RECX16-0076; being part of the W1/2 SE1/4 of Section 33, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was present and represented by Julie Coleman, 4828 Bluegate Drive, Highlands Ranch, CO 80126, 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: CC-,PLCKC>fMM),P£CH6), IL.CLL), GTtCT T), CaCOC.), cx.PPL 4r/ 9/ 17 2017-1683 PL2475 DENY SPECIAL REVIEW PERMIT (USR17-0016) - WW, LLC PAGE 2 A. Section 23-2-230.B.1 -- The proposed use is not consistent with Chapter 22, specifically in the following Code References: 1) Section 22-2-20 Agriculture Goals and Policies (A.Goal 1, A.Goal 2, A.Policy 2.3, A.Goal 4, A.Goal 9) 2) Section 22-2-40 Urban Development Goals and Policies (UD.Goal 1) 3) Section 22-2-80 Industrial Development Goals and Policies (I.Goal 1, (.Goal 6) 4) Section 22-2-100 Commercial Development Goals and Policies (C.Goal 1, C.Goal 2, C.Goal 5) 5) Section 22-2-140 Regional Urbanization Area Goals and Policies (RUA.Goal 7) and any other applicable Code provisions or ordinances in effect. B. Section 23-2-230.B.3 -- The uses which will be permitted will not be compatible with the existing surrounding land uses. C. Section 23-2-230.6.4 -- The uses which will be permitted will not 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. Additionally, the Use is not consistent with the Regional Urbanization Area or the rural Residential nature of the area. D. Section 23-2-230.B.7 -- 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 do not ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. The application does not provide adequate provision for mitigation of increased crime and traffic hazards, or decreased property values. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of WW,LLC, fora Site Specific Development Plan and Use by Special Review Permit, USR17-0016, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (RV and boat storage, a dump station, enclosed self -storage and the parking and staging of trash containers, roll -offs, and vehicles and/or equipment to pick up and deliver same and four (4) individual flex office buildings) 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. 320131 Pages: 2 of 3 1/21/2017 11:53 AM R Fee:$0.00 rly Koppes, Clerk and Recorder, Weld County, CO IVIIP IAA III II 2017-1683 PL2475 DENY SPECIAL REVIEW PERMIT (USR17-0016) - WW, LLC PAGE 3 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of June, A.D., 2017. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dititet) �' xit4;ti Weld County Clerk to the Board BY: D ty Clerk to the Board ounty Attorney Date of signature: 11(dI f I 1 1320131 Pages: 3 of 3 '7/21/2017 11:53 AM R Fee:$0.00 :arly Koppes, Clerk and Recorder, Weld County, CO iii W:4INV !VINO ilmh II III 2017-1683 PL2475 Hello