HomeMy WebLinkAbout20161469.tiff j✓, Il E. LAND USE APPLICATION
SUMMARY SHEET
Planner: Diana Aungst Hearing Date: April 19, 2016
Case Number: USR16-0007
Applicant: Hans Wimmer
7124 CR 17
Fort Lupton, CO 80621
Representative: Sheri Lockman
Request: A Site Specific Development Plan and Use by Special Review Permit for any Use
Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the
Commercial or Industrial Zone Districts (Indoor and outdoor storage of RVs, boats, and
trailers, with an office/store, and RV dump station) 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 and one (1) single-family dwelling
unit per lot other than those permitted under Section 23-3-20.A. (second single-family
dwelling unit) to be used as a caretaker residence in the A (Agricultural)Zone District.
Legal Lot B RE-3428; Part SW4 SW4 Section 28, T2N, R67W of the 6th P.M., Weld County,
Description: CO
Location: East of and adjacent to CR 17; approximately 260 feet north of CR 16.
Size of Parcel: +/- 21.55 acres Parcel No. 1311-28-3-00-056
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
➢ Town of Frederick, referral dated March 17, 2016
➢ Stanley Ditch Company, referral dated March 29, 2016
➢ Fort Lupton Fire Protection District, referral dated March 17, 2016
• Weld County Department of Public Works, referral dated March 8, 2016
• Weld County Department of Planning Services— Engineer, referral dated March 21, 2016
Weld County Department of Public Health and Environment, referral dated March 21, 2016
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ City of Fort Lupton, referral dated March 15, 2016
➢ Weld County School District RE-8, February 22, 2016
• Weld County Sheriff's Office, referral dated March 4, 2016
➢ Longmont Conservation District, referral dated March 8, 2016
• Colorado Parks and Wildlife, referral dated February 29, 2016
Weld County Zoning Compliance, referral dated February 26, 2016
USR16-0007
Page 1 of 12
y Central Weld County Water District, referral dated February 23, 2016
y Colorado Department of Transportation, referral dated March 16, 2016
➢ State of Colorado, Division of Water Resources, referral dated March 21, 2016
➢ Central Colorado Water Conservancy District, referral dated February 23, 2016
➢ Weld County Department of Public Works—Access, referral dated April 5, 2016
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Town of Dacono
➢ Town of Firestone
Weld County Department of Building Inspection
uSR16-0007
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�� i86i s SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
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Planner: Diana Aungst Hearing Date: April 19, 2016
Case Number: USR16-0007
Applicant: Hans Wimmer
7124 CR 17
Fort Lupton, CO 80621
Representative: Sheri Lockman
Request: A Site Specific Development Plan and Use by Special Review Permit for any Use
Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the
Commercial or Industrial Zone Districts (Indoor and outdoor storage of RVs, boats, and
trailers, with an office/store, and RV dump station) 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 and one (1) single-family dwelling
unit per lot other than those permitted under Section 23-3-20.A. (second single-family
dwelling unit) to be used as a caretaker residence in the A (Agricultural)Zone District.
Legal Lot B RE-3428; Part SW4 SW4 Section 28, T2N, R67W of the 6th P.M., Weld County,
Description: CO
Location: East of and adjacent to CR 17; approximately 260 feet north of CR 16.
Size of Parcel: +/- 21.55 acres Parcel No. 1311-28-3-00-056
Case Summary:
The applicant is requesting a USR for the storage of RVs, boats, and trailers. A 20'x20' office/store, a
dump station, and about 19,000 square feet of indoor RV storage will be constructed on the site. Three
parking stalls will be provided for the office/store. The site will be built in 3 phases. About 348 storage
stalls will be available at full build out. The hours of operation are proposed to be 24-hours a day/ 7-days
a week and the store will be open 4:00 a.m. to 10:00 p.m. 7 days a week. The store will be open to
customers of the RV storage facility. Customers will access the site via a key pad controlled gate.
Overhead lighting may be added to the site in the future. No sign is shown requested with this application.
Any lights or signage installed on the site will need to comply with the Weld County Code.
There is a line of trees on the neighbor's property to the north that provides screening. The application
material state that a 6 foot chain link fence with lath (earth-tone slats)will be placed along the north, west,
and east sides of the storage area. Two deciduous trees will be located at the entrance and additional
spruce and pine trees will be planted along CR 17 and on the east side of the property outside of the
Stanley Ditch right-of-way. The property owner owns the land to the south of the site.
There are two residences on the site a 1920 single-family home and a mobile home currently approved
an Accessory to the Farm. The employee that will be the caretaker for the RV storage facility will reside
in the mobile home. The mobile home is being approved as a second single-family dwelling with this
USR.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
uSR16-0007
Page 3 of 12
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1. -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20.G - A.Goal 7 states, 'County land use regulations should protect the
individual property owner's right to request a land use change.' And Section 22-2-20.G.2
- A.Policy 7.2 states, 'Conversion of agricultural land to nonurban residential,
commercial, and industrial uses should be accommodated when the subject site is in an
area that can support such development, and should attempt to be compatible with the
region.'
The applicant is requesting a USR for the storage of RVs, boats, and trailers. A 20'x20'
office/store, a dump station, and about 19,000 square feet of indoor RV storage will be
constructed on the site. Three parking stalls will be provided for the office/store. About
348 storage stalls will be available at full build out. The hours of operation are proposed
to be 24-hours a day/7-days a week and the store will be open 4:00 a.m. to 10:00 p.m. 7
days a week. The store will be open to customers of the RV storage facility. Customers
will access the site via a key pad controlled gate. Overhead lighting may be added to the
site in the future. No sign is shown requested with this application. Any lights or signage
installed on the site will need to comply with the Weld County Code.
There is a line of trees on the neighbor's property to the north that provides screening.
The application material state that a 6 foot chain link fence with lath (earth-tone slats) will
be placed along the north, west, and east sides of the storage area. Two deciduous
trees will be located at the entrance and additional spruce and pine trees will be planted
along CR 17 and on the east side of the property outside of the Stanley Ditch right-of-
way. The property owner owns the land to the south of the site.
There are two residences on the site a 1920 single-family home and a mobile home
currently approved an Accessory to the Farm. The employee that will be the caretaker
for the RV storage facility will reside in the mobile home. The mobile home is being
approved as a second single-family dwelling with this USR.
The proposed use is in an area that can support this development and the proposed
screening, the Development Standards, the Conditions of Approval, and the Weld County
Code requirements for shielded lights 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 23-2-220.A.2. -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District Section 23-3-40.S. and M. which allows for a Site Specific
Development Plan and Use by Special Review Permit for any Use Permitted as a Use By
Right, an Accessory Use, or a Use By Special Review in the Commercial or Industrial
Zone Districts (Indoor and outdoor storage of RVs, boats, and trailers, with an
office/store, and RV dump station) 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 and one (1) single-family dwelling unit per lot other
than those permitted under Section 23-3-20.A. (second single-family dwelling unit) to be
used as a caretaker residence in the A(Agricultural)Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
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Page 4 of 12
The adjacent lands consist of pastures, crops, and rural residences. The closest
residence is approximately 350 feet southeast of the site.
There are eight (8) USRs within one mile of the site. USR-1116 for a water tank, USR-
1555 for water tanks, USR-776 for a 1,190 foot tall telecommunication tower, USR-1508
for a 1,180 foot tall telecommunication tower, and USR-787 for a trucking business are
located south of the site. AmUSR-1231 for a 4,000 head dairy, and USR13-0049 for a
non-1041 major facility 16 inch pipeline is located east of the site. AmUSR-1356 for a
livestock confinement operation is located north of and adjacent to the site. The Weld
County Department of Planning Services has not received any correspondence from the
surrounding property owners that object to this USR.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the
future development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities.
The site is located within the three (3) mile referral area of the Towns of Dacono,
Firestone, Frederick and the City of Fort Lupton. The Towns of Dacono and Firestone
did not respond with referral comments. The City of Fort Lupton in their referral agency
comments dated March 15, 2016 indicated no concerns. The Town of Frederick in their
referral comments dated February 11, 2016, indicated that the subject property is within
the Town's comprehensive planning area and could be subject to annexation in the
future. The Town also indicated that since the major roads leading to the project site are
annexed into the Town of Frederick the Town requests the following:
1. Weld County Road 16 (Tipple Parkway) and 17 are owned and maintained [by
the Town of Frederick]. Any vehicle exceeding the Town's size and/or weight
standard will be required to obtain an overweight/oversize permit from the Town
of Frederick.
2. Weld County Road 17, south of the intersection with Tipple Parkway, is a gravel
road surface and may require additional dust abatement and grading due to the
traffic generated by this site. The Town will require the applicant enter into a
maintenance agreement for this portion of roadway from Tipple Parkway to
County Road 14 until annexation.
3. The intersection of Highway 52 and County Roads 14 and 17 are difficult to
manage in a passenger vehicle. Large recreational vehicles and passenger
vehicles pulling recreational vehicles or boats will likely have a difficult time
maneuvering through the intersections and will require even slower speeds which
may cause additional accidents at these locations. Please consult with the
Colorado Department of Transportation regarding potential improvements to the
roadways to decrease the probability of traffic accidents.
Staff has included a Condition of Approval for the applicant to address the comments
from the Town of Frederick and the referral agency comments from CDOT indicated "No
concerns".
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of
the Weld County Code.
The site is not in a floodplain.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County-Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure
of the County Facility Fee and Drainage Impact Fee Programs.
USR16-0007
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F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use.
The proposed facility is located on approximately 16.85 acres of soils designated as
"Prime (Irrigated)", approximately 2.49 acres of soils designated as "High Potential Dry
Cropland", and approximately 2.21 acres designated as "Other" per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The USR will take
about 17 acres of"Prime (Irrigated)" farmland out of production.
G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250, Weld County Code), Conditions of Approval and Development
Standards can ensure that there are adequate provisions for the protection of health,
safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to recording the map:
A. An Improvements and Road Maintenance Agreement is required for offsite improvements at
this location. Road maintenance including dust control, damage repair, specified haul routes
and future traffic triggers for improvements will be included. (Department of Public Works)
B. The applicant shall attempt to address the requirements (concerns) of the Fort Lupton Fire
Protection District, as stated in the referral response dated March 17, 2016. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
C. The applicant shall attempt to address the requirements (concerns) of the Town of Frederick,
as stated in the referral response dated March 17, 2016. Evidence of such shall be submitted
in writing to the Weld County Department of Planning Services. (Department of Planning
Services)
D. The applicant shall attempt to address the requirements (concerns) of the Stanley Ditch
Company, as stated in the referral response dated March 29, 2016. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
E. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR16-0007. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4) The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld
County Code addresses the issue of trash collection areas. (Department of Planning
Services)
USR16-0007
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5) All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2
and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning
Services)
6) The map shall delineate the screening from public rights-of-way and surrounding property
owners. (Department of Planning Services)
7) The map shall delineate the lighting, if applicable. (Department of Planning Services)
8) The map shall delineate the parking area. (Department of Planning Services)
9) County Road 17 is a gravel road and is designated on the Weld County Road
Classification Plan as a local road which requires 60 feet of right-of-way at full buildout.
The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall
be measured from the edge of right-of-way. This road is maintained by Weld County.
(Department of Public Works)
10) Show and label the approved accesses (AP16-00078), and the appropriate turning radii
on the site plan. (Department of Public Works)
11) Show and label the approved tracking control on the site plan. (Department of Public
Works)
12) Show and label the entrance gate set back a minimum of 100ft from edge of shoulder.
(Department of Public Works)
13) The applicant shall show and label the accepted drainage features and drainage flow
arrows. Water quality features or stormwater ponds should be labeled as "Water Quality
Feature/Stormwater Detention, No-Build or Storage Area" and shall include the
calculated volume. (Department of Planning Services-Engineer)
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. (Department of Planning
Services)
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 added
for each additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The
preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be
sent to mapsco.weld.co.us. (Department of Planning Services)
5. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on-site construction.
(Department of Public Works)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
USR16-0007
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(Department of Planning Services-Engineer)
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. (Department of Planning Services)
uSR16-0007
Page 8 of 12
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Hans Wimmer
USR16-0007
1. A Site Specific Development Plan and Use by Special Review Permit, USR16-0007, for any Use
permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial
or Industrial Zone Districts (Indoor and outdoor storage of RVs, boats, and trailers, with an
office/store, and RV dump station) 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 and one (1) single-family dwelling unit per lot other than those permitted
under Section 23-3-20.A. (second single-family dwelling unit) to be used as a caretaker
residence in the A (Agricultural) Zone District, subject to the Development Standards stated
hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The number of on-site employees shall be one (1). (Department of Planning Services)
4. The hours of operation are 24-hours a day/7-days a week. (Department of Planning Services)
5. No derelict vehicles, as defined in Section 23-1-90 of the Weld County Code, shall be stored on
the site. (Department of Planning Services)
6. All vehicles located within the RV storage area must be operational with current license plates
and tags. (Department of Planning Services)
7. There shall be no outside storage of industrial and/or commercial vehicles, equipment or
materials. (Department of Planning Services)
8. No hazardous materials shall be stored on site. (Department of Planning Services)
9. The landscaping/screening on the site shall be maintained. (Department of Planning Services)
10. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E
of the Weld County Code. (Department of Planning Services)
11. The property owner shall control noxious weeds on the site. (Department of Public Works)
12. The access to the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Department of Public Works)
13. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Department of Public Works)
14. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Planning Services-Engineer)
15. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Planning Services-Engineer)
16. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Department of Public Health and Environment)
USR16-0007
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17. No permanent disposal of wastes shall be permitted at this site. This is not meant to include
those wastes specifically excluded from the definition of a solid waste in the Solid Wastes
Disposal Sites and Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and
Environment)
18. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility
shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of
Public Health and Environment)
19. Fugitive dust should attempt to be confined on the property. Uses on the property should comply
with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health
and Environment)
20. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial
Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health
and Environment)
21. Any septic system located on the property must comply with all provisions of the Weld County
Code, pertaining to Onsite Waste Water Treatment Systems. A permanent, adequate water
supply shall be provided for drinking and sanitary purposes. (Department of Public Health and
Environment)
22. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons
of the facility, at all times. For 10 or less customers or visitors per day, and 2 or less full time
employees on site, portable toilets and bottled water are acceptable. Records of maintenance
and proper disposal for portable toilets shall be retained on a quarterly basis and available for
review by the Weld County Department of Public Health and Environment. Portable toilets shall
be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. (Department
of Public Health and Environment)
23. RV dump stations shall be connected to an appropriately engineer designed Onsite Waste Water
Treatment System which complies with all provisions of the Weld County Code, pertaining to
Onsite Waste Water Treatment Systems. (Department of Public Health and Environment)
24. The operation shall comply with all applicable rules and regulations of State and Federal
agencies and the Weld County Code. (Department of Public Health and Environment)
25. 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. (Department of
Planning Services)
26. A building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the
following has been adopted by Weld County: 2012 International Codes; 2006 International
Energy Code; 2014 National Electrical Code; A building permit application must be completed
and two 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 registered State of Colorado engineer shall be required or an open hole inspection.
(Department of Building Inspection)
27. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
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28. 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.
29. 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.
30. 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.
31. 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.
32. WELD COUNTY'S RIGHT TO FARM: 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.
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
USR16-0007
Page 11 of 12
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.
USR16-0007
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H N DEPARTMENT OF PLANNING SERVICES
a $6i 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: daungst@co.weld.co.us
�f PHONE: (970) 353-6100, Ext. 3524
C v i FAX: (970) 304-6498
r
March 18, 2016
LOCKMAN SHERI
36509 CR 41
EATON, CO 80615
Subject: USR16-0007 - A Site Specific Development Plan and Use by Special Review Permit for any
Use Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the Commercial or
Industrial Zone Districts (Indoor and outdoor storage of RVs, boats, and trailers, with an office/store,
caretaker residence, and RV dump station) provided that the property is not a lot in an approved or
recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations
controlling subdivisions in the A(Agricultural)Zone District.
On parcel(s)of land described as:
PART SW4 SW4 SECTION 28, T2N, R67W LOT B REC EXEMPT RE-3428 OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on April 19, 2016, at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on May 4, 2016 at 10:00
a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O
Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.org
If you have any questions concerning this matter, please call.
Respectfully.
Digitally o signed by Kristine rf Ranslem
Reason:I am the author of this document
Date:2016.03.18 15:51:20-06'00'
Diana Aungst
Planner
N DEPARTMENT OF PLANNING SERVICES
i 1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: daungst@co.weld.co.us
PHONE: (970)353-6100, Ext. 3524
ti ' Y FAX: (970)304-6498
February 22, 2016
LOCKMAN SHERI
36509 CR 41
EATON, CO 80615
Subject: USR16-0007 - A Site Specific Development Plan and Use by Special Review Permit for any
Use Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the Commercial or
Industrial Zone Districts (Indoor and outdoor storage of RVs, boats, and trailers, with an office/store,
caretaker residence, and RV dump station) provided that the property is not a lot in an approved or
recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations
controlling subdivisions in the A(Agricultural)Zone District.
On parcel(s)of land described as:
PART SW4 SW4 SECTION 28, T2N, R67W LOT B REC EXEMPT RE-3428 of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Commission(s)for their review and comments:
Dacono at Phone Number 303-833-2317
Firestone at Phone Number 303-833-3291
Frederick at Phone Number 720-382-5500
Fort Lupton at Phone Number 303-857-6694
Please call the listed Planning Commissions, for information regarding the date, time and place of the
meeting and the review process. It is recommended that you and/or a representative be in attendance at
each of the meetings described above in order to answer any questions that might arise with respect to
your application.
If you have any questions concerning this matter, please call.
Respectfully,
a�y� �L Digitally signed by Kristine Ranslem
\/..l Reason:I am the author of this document
U Date:2016.02.22 07:38:53-07'00'
Diana Aungst
Planner
FIELD CHECK Inspection Date: 4/8/16
Case Number: USR16-0007
Applicant: Hans Wimmer
7124 CR 17
Fort Lupton, CO 80621
Representative: Sheri Lockman
Request: A Site Specific Development Plan and Use by Special Review Permit for any
Use Permitted as a Use By Right, an Accessory Use, or a Use By Special
Review in the Commercial or Industrial Zone Districts (Indoor and outdoor
storage of RVs, boats, and trailers, with an office/store, and RV dump station)
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 and one (1) single-family dwelling unit per lot other
than those permitted under Section 23-3-20.A. (second single-family dwelling
unit) to be used as a caretaker residence in the A (Agricultural) Zone District.
Legal Lot B RE-3428; Part SW4 SW4 Section 28, T2N, R67W of the 6th P.M., Weld
Description: County, CO
Location: East of and adjacent to CR 17; approximately 260 feet north of CR 16.
Size of Parcel: +/- 21.55 acres Parcel No. 1311-28-3-00-056
Zoning Land Use
N A (Agricultural) N AmUSR-1356 Livestock
Confinement Operation
E A (Agricultural) E Rural Residential
S A (Agricultural) S Rural Residential
W A (Agricultural) W Agriculture
COMMENTS:
The site contains a single family residence and a several outbuildings. There is an access to the
site off of CR 17.
Diana Aungst, Planner
Diana Aungst
From: sherilockman@what-wire.com
Sent: Friday, April 15, 2016 6:24 AM
To: Diana Aungst
Subject Wimmer
Diana,
The Conditions of approval for case USR 16-0007 include a requirement that the applicant attempt to address the
concerns of the Fort Lupton Fire Protection District. The concerns stated by the District are all in regards to the future
structures. The applicant has read and understands the conditions outlined in the referral response from the Fire
Protection District and will implement them at the time of construction.
Should you need any additional information please let me know. If no other information is needed please consider
condition of approval 1.B. complete.
Thank you,
Sheri Lockman
Lockman Land Consulting, LLC
36509 CR 41
Eaton, CO 80615
970-381-0526
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Diana Aungst
To: Wendi Inloes; Jose Gonzalez
Subject RE:Accessory to the farm ? USR16-0007
From:Wendi Inloes
Sent:Thursday, March 24, 2016 1:08 PM
To:Jose Gonzalez<jgonzalez@co.weld.co.us>; Diana Aungst<daungst@co.weld.co.us>
Subject: RE: Accessory to the farm ? USR16-0007
Yes; ZPMH-2365 and Mobile home permit PR-0030104
From: Diana Aungst
Sent:Thursday, March 24, 2016 10:36 AM
To: Wendi Inloes<winloes@co.weld.co.us>;Jose Gonzalez<jgonzalez@co.weld.co.us>
Subject: Accessory to the farm ? USR16-0007
Parcel# 131128300056
Wendi - do we have an active ZPMH Accessory to the Farm for Hans Wimmer?
Jose— do we have an approved building permit for the mobile home being used as an Accessory to the Farm?
Please let me know.
Thanks,
Diana Aungst, AICP, CFM
Planner II
Weld County Department of Planning Services
1555 N. 17th Avenue - Greeley, Colorado 80631
970-353-6100 ext. 3524
Fax: (970) 304-6498
daungst(o),weldgov.corn
www.weldgov.com
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