HomeMy WebLinkAbout20171122.tiffRESOLUTION
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR17-0004, FOR RECREATIONAL FACILITIES AND USES INCLUDING PUBLIC
CAMPING FOR A PERIOD NOT TO EXCEED 90 DAYS, AND ONE (1) SINGLE-FAMILY
DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-
3-20.A (SECOND SINGLE-FAMILY DWELLING UNIT) IN THE A (AGRICULTURAL)
ZONE DISTRICT - GARY REINKE
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 3rd day of
May, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Gary Reinke, 19503 County Road 66, Greeley, Colorado 80631, for a Site
Specific Development Plan and Use by Special Review Permit, USR17-0004, for Recreational
Facilities and uses including public camping for a period not to exceed 90 days, and one (1)
single-family dwelling unit per lot other than those permitted under Section 23-3-20.A (second
single-family dwelling unit) in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
Lot A of Second Amended Recorded Exemption
RE -263; being part of the W1/2 SE1/4 of Section 20,
Township 6 North, Range 65 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was present and represented by
Sheri Lockman, Lockman Land Consulting, LLC, 36509 CR 41, Eaton, Colorado 80615, 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 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 approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect. Section
22-2-20.G (A.Policy 7.2) states: "Conversion of agricultural land to
nonurban residential, commercial and industrial uses should be
accommodated when the subject site is in an area that can support such
development, and should attempt to be compatible with the region."
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SPECIAL REVIEW PERMIT (USR17-0004) — GARY REINKE
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The property owner intends to provide a private commercial campground
for up to four (4) recreational vehicles to the north of the single family
residences. Potable water is provided by each individual vehicle obtained
from a commercial source and wastes generated by each vehicle are
removed from the property by a commercial waste disposal truck or by the
RV owner at an approved off -site facility. The site is located in an area that
allows good access on paved roads. Section 22-2-20.F (A.Policy 6.3.a)
states "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." There are two residences located
on the property; one for the property owner and the second residence
currently considered a non -conforming structure being utilized for rental
income. This land use application, if approved, will bring the residential
use on the property into compliance. The proposed use is in an area that
can support this development and the existing screening, the Development
Standards, and the Conditions of Approval will assist in mitigating the
impacts of the facility on the adjacent properties and ensure compatibility
with surrounding land uses and the region.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.W of the Weld County
Code lists Uses similar to the Uses listed as a Use by Special Review as
long as the Use complies with the general intent of the A (Agricultural) Zone
District (Public campground) and one (1) single-family dwelling unit per lot
other than those permitted under Section 23-3-20.A (second single family
dwelling unit) as a Use by Special Review in the A (Agricultural) Zone
District
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. Adjacent land in each direction is
in agricultural production. North Weld County Water District provides water
to the property, each residence has a septic system permitted through the
Department of Public Health and Environment. Additionally, the property
owner contracts a waste disposal truck to visit the property every other
week to pump out the waste. When the truck is not available, the RV
owners are required to dispose of their waste at an approved off -site facility.
A port -a -let is also available and is located on the concrete pad adjacent to
the RVs. The Eaton Fire Protection District did not return a referral
response indicating a conflict with their interests. The nearest single family
residence is approximately 1,200 feet due east of the applicant's property.
The Planning Department has not received any correspondence or
telephone calls associated with this land use request.
D. Section 23-2-230.B.4 -- The uses which will be permitted will be compatible
with future development of the surrounding area as permitted by the
existing zoning, and with the future development as projected by Chapter
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SPECIAL REVIEW PERMIT (USR17-0004) — GARY REINKE
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22 of the Weld County Code and any other applicable code provisions or
ordinances in effect, or the adopted Master Plans of affected municipalities.
The site is located within the three (3) mile referral area of the Town of
Eaton and the City of Greeley. The Town of Eaton did not return a referral
response indicating a conflict with their interests, and the City of Greeley in
their referral comments, dated February 3, 2017, indicated the site location
within the City of Greeley's Long Range Expected Growth Area and also
stated the City of Greeley's 2035 Comprehensive Transportation Plan,
which indicates that County Road 66/AA Street will be a 2 -lane arterial
roadway requiring 100 feet of total public right-of-way and 50 feet of half
right-of-way.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23, Articles
V and XI, of the Weld County Code. The site is not located within the
100 -year Floodplain, Airport or Geologic hazard areas. Capital Expansion
Impact Fee area. Building Permits issued on the proposed lot will be
required to adhere to the fee structure of the County -Wide Road Impact
Fee, County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed facility is located on approximately 7.29 acres
designated "Prime" (Irrigated) land per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. The site does not have irrigation
water rights and there are improvements on the site, therefore, no prime
farm ground will be removed from the County.
G. Section 23-2-230.6.7 — There is adequate provisions for the protection of
the health, safety, and welfare of the inhabitants of the neighborhood and
County. The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of
Approval and Development Standards can ensure that there are adequate
provisions for the protection of the health, safety, and welfare of the
inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County,
Colorado, that the application of Gary Reinke, for a Site Specific Development Plan and Use by
Special Review Permit, USR17-0004, for Recreational Facilities and uses including public
camping for a period not to exceed 90 days, and one (1) single-family dwelling unit per lot other
than those permitted under Section 23-3-20.A (second single-family dwelling unit) in the
A (Agricultural) Zone District on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
1. Prior to recording the USR map:
A. The applicant shall address the requirements (concerns) of the Weld County
Department of Public Health and Environment, as stated in the referral response
dated February 2, 2107. The septic system serving the two homes and identified
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as SE17-0001 shall have a Tier 2 evaluation completed. In the event the system
is found to be inadequate, the system must be brought into compliance with current
On -site Wastewater Treatment System (OWTS) regulations or a new OWTS shall
be installed. Evidence of compliance with current OWTS regulations shall be
submitted, in writing, to the Weld County Department of Planning Services.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0004
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code.
4) The map shall delineate the lighting.
5) Show and label the approved access (AP17-00099), and the appropriate
turning radii on the site plan.
6) The applicant shall show the drainage flow arrows.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1)
paper copy or one (1) electronic copy (.pdf) of the map for preliminary approval to the
Weld County Department of Planning Services. Upon approval of the map the applicant
shall submit a Mylar map along with all other documentation required as Conditions of
Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. The map shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The
Mylar map and additional requirements shall be submitted within one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution. The applicant
shall be responsible for paying the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012,
should the map not be recorded within the required one hundred twenty (120) days from
the date of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge shall be added for each additional three (3) month period.
4. The Department of Planning Services respectfully requests a digital copy of this Use by
Special Review, as appropriate. Acceptable format is a projected ESRI shapefile (.shp,
.shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS
1984, NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This
digital file may be sent to maps@co.weld.co.us.
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be
required.
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SPECIAL REVIEW PERMIT (USR17-0004) — GARY REINKE
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6. The Use by Special Review activity shall not occur, nor shall any building or electrical
permits be issued on the property, until the Use by Special Review map is ready to be
recorded in the office of the Weld County Clerk and Recorder or the applicant has been
approved for an early release agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of May, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WE ! - • UI Y, COLORAD
ATTEST: d..itifsA)XL. &k.
Weld County Clerk to the Board
ounty Attorney
Date of signature: 5(I1
arbara Kirkmeyer
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
GARY REINKE
USR17-0004
1) A Site Specific Development Plan and Use By Special Review Permit, USR17-0004, is for
Recreational Facilities and uses including public camping for a period not to exceed 90
days, and one (1) single-family dwelling unit per lot other than those permitted under
Section 23-3-20.A (second single-family dwelling unit) in the A (Agricultural) Zone District
subject to the Development Standards stated hereon.
2) Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3) The parking area on the site shall be maintained.
4) Camping will be allowed for up to 90 days per calendar year, per recreational vehicle.
Camping shall be limited to no more than four (4) occupied recreational vehicles at any
time, which shall be contained entirely on the concrete pad.
5) All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
6) The existing landscaping/screening on the site shall be maintained.
7) All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
8) No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
9) Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The facility shall operate in accordance with Chapter 14, Article I, of the Weld
County Code.
10) Fugitive dust should attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's air quality regulations.
11) This facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone District as delineated in Section 14-9-30 of the Weld County Code.
12) Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. Portable toilets are acceptable for temporary or seasonal
uses that are utilized 90 days or less per year (for example recreational facilities). Records
of maintenance and proper disposal for portable toilets shall be retained on a quarterly
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DEVELOPMENT STANDARDS (USR17-0004) — GARY REINKE
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basis and available for review by the Weld County Department of Public Health and
Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and
shall contain hand sanitizers.
13) A permanent, adequate water supply shall be provided for drinking and sanitary purposes
14) Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Wastewater Treatment Systems (OWTS). A
permanent, adequate water supply shall be provided for drinking and sanitary purposes.
15) RV dump stations shall be connected to an appropriately engineer designed Onsite
Wastewater Treatment System (OWTS) which complies with all provisions of the Weld
County Code, pertaining to On -site Waste Water Treatment Systems (OWTS).
16) The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
17) The City of Greeley and North Weld County Water District (NWCWD) have adopted a
Water Service Agreement for providing water in this area. Please note, if water service is
requested, then the City of Greeley will decide if water will be provided by the City of
Greeley or NWCWD in accordance with the executed Water Service Agreement, dated
February 5, 2013.
18) The property owner shall control noxious weeds on the site.
19) The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
20) There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
21) The historical flow patterns and runoff amounts on the site will be maintained.
22) Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any
light source may create a traffic hazard to operators of motor vehicles on public or private
streets. No colored lights may be used which may be confused with, or construed as,
traffic control devices.
23) Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2012 International Codes,
2006 International Energy Code, and 2014 National Electrical Code. A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing the
wet stamp of a Colorado registered architect or engineer must be submitted for review. A
Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection.
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24) The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
25) Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
26) The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards, as shown or stated, shall require the
approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
27) The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development
Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
28) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and person moving into these areas must
recognize the various impacts associated with this development. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
29) The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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