HomeMy WebLinkAbout20140283.tiff EXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSI4 A
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMI
Moved by Jordan Jemiola, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR13-0051
APPLICANT: TERESA ANDERSON
PLANNER: DIANA AUNGST
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 (A 75 SPACE RV PARK, AN EXISTING MOBILE HOME, A
CARETAKER'S RESIDENCE, AN OFFICE, A MAINTENANCE STORAGE
BUILDING, AND OUTSIDE STORAGE FOR VEHICLES, BOATS, TRAILERS,
CARS,AND OTHER MISC ITEMS)PROVIDED THAT THE PROPERTY IS NOTA
LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS
OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS
CONTROLLING SUBDIVISIONS IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE-4025; PART NW4 SECTION 26, T2N, R67W OF THE
6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 18; EAST OF AND ADJACENT TO CR 21.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-
2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1. -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20.G - A.Goal 7 states, "County land use regulations should protect the
individual property owner's right to request a land use change."
The applicant is proposing a seventy-five space RV Park and two acres of RV storage. A
caretaker's residence,an office, and a maintenance storage building may be constructed in
the future. The two acres of outdoor storage will include vehicles, boats,trailers, cars, and
other misc items.
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 RV Park will be screened on all sides with landscaping and the storage area will be
screened with a security fence. Coded entry will be available 24/7 at the front gate. This
entry area will be lighted but no other lighting is proposed for the RV Park or the storage area.
Noise will be restricted to the level allowed in the commercial zone district the application
materials state that after 10:00 p.m. no loud music will be allowed.
The proposed Landscaping/Screening Plan and Noise Abatement Plan along with the
Development Standards and the other Conditions of Approval, will assist in mitigating the
impacts of the facility on the adjacent properties.
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.which allows a Site Specific Development Plan and Use By
Special Review Permit for a 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 in the A(Agricultural) Zone District.
RESOLUTION USR13-0051
TERESA ANDERSON
PAGE 2
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent properties are mainly utilized for pastures,crops,and rural residences. County
Road 18 borders the site on the north and County Road 21 border the site on the west.The
adjacent lands to the south and east are pastures and cropland.
The closest residence is approximately 160 feet north of the north property line. There are
seven (7) USRs located within one mile of this parcel. USR-1063 for a gas line is located
approximately one-half mile west of the site. USR-1408 for a second single-family dwelling
and USR-1184 for an equine breeding and training operation are located one mile north of
the site. USR-62 for a turkey farm, which is no longer in business, is located just north of
County Road 18. USR-813 fora second single-family dwelling and Amended USR-1231 for a
4,000 head dairy are located approximately one-half mile southwest of the site. USR-514 for
gravel mining is located approximately four-tenths of a mile southeast of the site, currently
there is no evidence of mining on this property. The Weld County Department of Planning
Services has not received any correspondence from the surrounding property owners.
The proposed Landscaping Plan and Noise Abatement Plan along with the Development
Standards and the other Conditions of Approval will assist in mitigating the impacts of the
facility on the adjacent properties.
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 City of Fort Lupton, the Town
of Firestone, and the Town of Frederick. The City of Fort Lupton's referral dated November
14, 2013 indicated no concerns. The Town of Firestone and the Town of Frederick did not
respond with any referral comments.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The existing site is within the County-Wide Road Impact Fee Area and the
Capital Expansion Impact Fee area.
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.
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 existing and proposed facility is located on soils designated primary as"Prime if they
become Irrigated" per the 1979 Soil Conservation Service Important Farmlands of Weld
County Map. The proposed USR will not take any 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.
RESOLUTION USR13-0051
TERESA ANDERSON
PAGE 3
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 Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall attempt to address the requirements of the Fort Lupton Fire Protection District,
as stated in the referral response dated November 20,2013. Written evidence of such shall be
submitted to the Weld County Department of Planning Services. (Department of Planning
Services)
B. The applicant shall attempt to address the requirements of the Colorado Parks and Wildlife, as
stated in the referral response dated October 31, 2013. Written evidence of such shall be
submitted to the Weld County Department of Planning Services. (Department of Planning
Services)
C. The applicant shall attempt to address the requirements of the Northern Colorado Water
Conservancy District, as stated in the referral response dated October 25, 2013. Written
evidence of such shall be submitted to the Weld County Department of Planning Services.
(Department of Planning Services)
D. In accordance with Chapter 23,Article IV,Division 2 the applicant shall submit a Signage Plan to
the Department of Planning Services for review and approval. The quantity, size and location of
the signs shall comply with Appendix 23-C and Appendix 23-D. (Department of Planning
Services)
E. An accepted Final Drainage Report stamped and signed by a Professional Engineer registered in
the State of Colorado is required. (Department of Public Works)
F. An Improvements and road maintenance agreement for offsite improvements may be required for
this site.Road maintenance including dust control,damage repair,and triggers for improvements
will be included. (Department of Public Works)
G. In the event washing of vehicles will occur on site the applicant shall ensure that any vehicle
washing area(s)shall capture all effluent and prevent discharges from the washing of vehicles in
accordance with the Rules and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency. Vehicle washing areas should be designated on the plat.
(Department of Public Health and Environment)
H. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0051. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The plat 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. Areas used for storage or trash
collection shall be screened from adjacent properties and public rights-of-way. These areas
shall be designed and used in a manner that will prevent trash from being scattered by wind
or animals. (Department of Planning Services)
5) The approved Signage Plan. (Department of Planning Services)
6) The approved Landscaping/Screening Plan,as shown on the plat. (Department of Planning
Services)
RESOLUTION USR13-0051
TERESA ANDERSON
PAGE 4
7) The approved Parking Plan, as stated by the applicant. (Department of Planning Services)
8) The approved Lighting Plan, as stated by the applicant. (Department of Planning Services)
9) County Road 18 is designated on the Weld County Road Classification Plan as a local road,
which requires 60 feet of right-of-way at full build-out. The applicant shall verify and delineate
on the plat the existing right-of-way and the documents creating the right-of-way. All
setbacks shall be measured from the edge of future right-of-way. This road is maintained by
Weld County. (Department of Public Works)
10) County Road 21 is designated on the Weld County Road Classification Plan as a local road,
which requires 60 feet of right-of-way at full build-out. The applicant shall verify and delineate
on the plat the existing right-of-way and the documents creating the right-of-way. All
setbacks shall be measured from the edge of future right-of-way.This road is maintained by
Weld County. (Department of Public Works)
11) Show the approved accesses on the plat and label with the approved access permit number
(will be provided). (Department of Public Works)
2. Upon completion of Condition of Approval#1 above,the applicant shall submit three(3)paper copies
or one(1)electronic copy(.pdf)of the plat for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all
other documentation required as Conditions of Approval.The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The
Mylar plat and additional requirements shall be submitted within one hundred twenty(120)days from
the date of the Board of County Commissioners Resolution. The applicant shall be responsible for
paying the recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance#2012-3, approved April 30,2012,should the plat
not be recorded within the required one hundred twenty (120) days from the date of the Board of
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
maps( co.weld.co.us. (Department of Planning Services)
5. Prior to Construction:
a. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the
start of construction. (Department of Public Works)
b. In the event that 1 or more acres are disturbed during the construction and development of this
site, the applicant shall obtain a stormwater discharge permit from the Water Quality Control
Division of the Colorado Department of Public Health and Environment. (Department of Public
Health and Environment)
6. Prior to the issuance of the Certificate of Occupancy:
a. An individual sewage disposal system is required for the proposed facility and shall be installed
according to the Weld County Individual Sewage Disposal Regulations. The septic system is
required to be designed by a Colorado Registered Professional Engineer according to the Weld
County Individual Sewage Disposal Regulations. (Department of Public Health and Environment)
RESOLUTION USR13-0051
TERESA ANDERSON
PAGE 5
b. In the event the septic system requires a design capacity of over 2,000 gallons of sewage per day
the applicants shall provide evidence that all requirements of the Colorado Department of Public
Health and Environment,Water Quality Control Division's(WQCD)Regulation No.22 have been
satisfied. Evidence of compliance shall be provided to the Weld County Department of Public
Health and Environment. Alternately, the applicant can provide evidence from the WQCD that
they are not subject to these requirements. (Department of Public Health and Environment)
c. The applicant shall submit evidence of an Underground Injection Control(UIC)Class V Injection
Well permit from the Environmental Protection Agency(EPA)for any large-capacity septic system
(a septic system with the capacity to serve 20 or more persons per day). Alternately, the
applicant can provide evidence from the EPA that they are not subject to the EPA Class V
requirements. (Department of Public Health and Environment)
7. 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 plat is ready to be recorded in the office of the
Weld County Clerk and Recorder or the applicant has been approved for an early release agreement.
(Department of Planning Services)
Motion seconded by Benjamin Hansford.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bret Elliott
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Mark Lawley
Michael Wailes
Nick Berryman
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem,Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on January 21, 2014.
Dated the 21st of January, 2014.
Digitally signed by Kristine
lqadultgiku Ranslem
Date:2014.01.27 10:34:17-07'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE.BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
B-Bold Ranch RV Park
USR13-0051
1. A Site Specific Development Plan and Use by Special Review Permit, USR13-0051, 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(a 75 space RV park, an existing mobile home, a caretaker's residence, an
office, a maintenance storage building, and outside storage for vehicles, boats, trailers, cars, and
other misc items)provided that the property is not a lot in an approved or recorded subdivision plat or
lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A
(Agricultural) zone district, subject to the Development Standards stated hereon. (Department of
Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The number of on-site employees shall be commensurate with the number of persons which the
septic system may accommodate in accordance with the requirements of the Weld County Code,
pertaining to Individual Sewage Disposal Systems(I.S.D.S.) Regulations. (Department of Planning
Services)
4. The hours of operation are 24-hours a day 7-days a week,as stated by the applicant.(Department of
Planning Services)
5. Temporary housing will be allowed for the time period defined in the Weld County Code. (Department
of Planning Services)
6. "Other misc items" shall consist of items such as vans, stand-alone campers, motor homes, 5th-
wheel trailers, small, medium, and large pick-up trucks with or without attached campers, boats with
trailers and other similar items including industrial or commercial vehicles,equipment,and materials.
(Department of Planning Services)
7. 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)
8. No hazardous materials shall be stored on site. (Department of Planning Services)
9. The lighting on the site shall be maintained in accordance with the approved Lighting Plan.
(Department of Planning Services)
10. The parking on the site shall be maintained in accordance with the approved Parking Plan.
(Department of Planning Services)
11. The signage on the site shall be maintained in accordance with the approved Signage Plan.
(Department of Planning Services)
12. The landscaping and screening on the site shall be maintained in accordance with the approved
Landscape/Screening Plan. (Department of Planning Services)
13. Should noxious weeds exist on the property, or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Chapter 15, Articles I and II, of the Weld County Code. (Department of Public Works)
14. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public
Works)
15. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
RESOLUTION USR13-0051
TERESA ANDERSON
PAGE 7
16. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Public Works)
17. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
18. 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.,as amended. (Department of Public Health and Environment)
19. 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 the approved Waste Handling Plan, at all times. (Department of
Public Health and Environment)
20. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in
accordance with the Rules and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency. (Department of Public Health and Environment)
21. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall
operate in accordance with the approved Dust Abatement Plan, at all times. (Department of Public
Health and Environment)
22. 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)
23. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. (Department of Public Health and Environment)
24. Sewage disposal for the facility shall be by septic system. Any septic system located on the property
must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal
Systems. (Department of Public Health and Environment)
25. In the event the septic system requires a design capacity of over 2,000 gallons of sewage per day the
applicants shall provide evidence that all requirements of the Colorado Department of Public Health
and Environment,Water Quality Control Division's(WQCD) Regulation No.22 have been satisfied.
Evidence of compliance shall be provided to the Weld County Department of Public Health and
Environment. Alternately, the applicant can provide evidence from the WQCD that they are not
subject to these requirements. (Department of Public Health and Environment)
26. The facility shall utilize the existing public water supply (Central Weld County Water District).
(Department of Public Health and Environment)
27. Bottled water shall be utilized for drinking during construction of the project. (Department of Public
Health and Environment)
28. Adequate toilet facilities (portable toilets) and hand washing units shall be provided during the
construction of the facility. (Department of Public Health and Environment)
29. All pesticides,fertilizer,and other potentially hazardous chemicals must be handled in a safe manner
in accordance with product labeling.All chemicals must be stored secure,on an impervious surface,
and in accordance with manufacturer's recommendations. (Department of Public Health and
Environment)
RESOLUTION USR13-0051
TERESA ANDERSON
PAGE 8
30. If applicable,the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Department of Public Health and
Environment)
31. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
32. 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)
33. Building permit maybe 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;2011
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)
34. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
35. 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.
36. 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.
37. 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.
38. 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
RESOLUTION USR13-0051
TERESA ANDERSON
PAGE 9
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved"out of the way"of residential development.
When moving to the County,property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000)square miles in size(twice
the size of the State of Delaware)with more than three thousand seven hundred(3,700)miles of state
and county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County,and the distances which must be traveled may delay all emergency responses,including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed,will not provide the same kind of surface expected from a paved road. Snow removal
priorities mean that roads from subdivisions to arterials may not be cleared for several days after a
major snowstorm. Services in rural areas,in many cases,will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches,electrical power for pumps and center
pivot operations,high speed traffic,sandburs,puncture vines,territorial farm dogs and livestock,and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
PIarncnci� Ccm� 'W
5 1
/r)!/!/a-s I—/-t
Motion: Forward Case USR13-0018 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Jordan Jemiola, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote(summary: Yes=7).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Michael Wailes.
CASE NUMBER: USR13-0051
APPLICANT: TERESA ANDERSON
PLANNER: DIANA AUNGST
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 (A 75 SPACE RV PARK, AN EXISTING
MOBILE HOME, A CARETAKER'S RESIDENCE, AN OFFICE, A
MAINTENANCE STORAGE BUILDING, AND OUTSIDE STORAGE FOR
VEHICLES, BOATS, TRAILERS, CARS, AND OTHER MISC ITEMS)
PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR
RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN
FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE-4025; PART NW4 SECTION 26,T2N, R67W OF THE
6TH P.M.,WELD COUNTY,COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 18; EAST OF AND ADJACENT TO CR 21.
Diana Aungst, Planning Services, presented Case USR13-0051, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
Jennifer Petrik, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site. Ms. Petrik noted that an email was received from Mark Taylor with RE-8 expressing
concerns regarding the amount of traffic. After discussions with the applicant, Ms. Anderson indicated
that at full build out she estimates that there will 75 round trips per day. Ms. Petrik stated that the
applicant has agreed to roadway improvement and traffic triggers and an Improvements and Road
Maintenance Agreement will be prepared.
Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
Teresa Anderson said that she is proposing to build a 75 space Recreational Park and Storage. The RV
Park includes temporary housing for travelers, vacationers, and temporary workers to the State of
Colorado. Water, electricity and septic will be available to them. The storage is made available to the RV
people as well as outside individuals that can no longer store anything at their homes. Eric Dunker,
consultant for Ms.Anderson, stated that they are here to answer any questions.
Commissioner Wailes referred to the questionnaire that states there are 75 spaces and asked to clarify
the number of round trips. Ms. Anderson said that she is proposing 75 spaces and if someone is staying
in each space then there would be 75 round trips per day.
Commissioner Wailes asked to clarify if people will be living there temporarily and will be traveling to and
from the RV Park daily. Ms. Anderson replied yes.
Commissioner Jemiola asked the applicant what they consider as temporary. Ms. Anderson said that
there would not be any mobile homes but the RV's would be for those who are working at a site or for
instance, flood victims.
Commissioner Maxey asked what the County's definition is for temporary. Ms.Aungst said that according
to the County Code the definition for temporary is 6 months or less. Mr. Maxey asked if this is checked
EXHIBIT
23
• o,
61 -t' 40 -
up on and how is that handled. Ms. Aungst said that the County doesn't check up on it but that staff
would request that the applicant ensure that they are not living there permanently.
Commissioner Wailes asked if there is anything in the code that prohibits anything beyond 6 months.
Brad Yatabe, County Attorney, said that the code relates to the use by right or using the RV for camping.
He added that the code is silent beyond that and doesn't give clarity as to how long a person may be able
to stay. He said that it could be clarified by adding a development standard.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the Planning Commission if they want to define what temporary is. Commissioner
Jemiola asked how RV Parks are currently set up in Weld County as there is one that is near him that
some individuals live on the same pad site for 5 to 7 years.
Mr. Yatabe said that the code states that a recreational vehicle shall be subject to all requirements and
restrictions for mobile homes as provided in this chapter when its placement is intended for non-transient
residency.
Commissioner Hansford said that we are making this more difficult than it needs to be. The application
said it is temporary and added that it is up to the owner to place restrictions or regulations on their
business.
Commissioner Jemiola said that he isn't so much concerned with the temporary nature but feels that
there is a larger traffic impact to the surrounding property with the amount of residents living at the site.
Commissioner Lawley agreed.
Commissioner Jemiola suggested amending the trips to more than 75 round trips because if there are
family or couples residing in the Park, there could be additional round trips per day. Ms. Petrik said that
the applicant has indicated agreement to the triggers in the improvements agreement so they would be
responsible for whatever triggers they hit.
Commissioner Lawley asked what the miscellaneous storage includes. Mr. Dunker said it that it would be
vacant RV storage, boats, and some trailers.
Commissioner Sparrow asked if we could add language that no permanent structures are allowed, such
as a deck, porch, etc.
Ms. Aungst said that language can be added that reads"No structures shall be built on the RV pads."
Motion: Add a Development Standard including language stated by staff, Moved by Bruce Sparrow.
Motion died due to lack of second.
Motion: Add Development Standard which reads "Temporary housing will be allowed for 6 months or
less", Moved by Benjamin Hansford, Seconded by Jordan Jemiola.
Commissioner Wailes suggested amending the motion to strike the time period and set it to what the
code defines at the time. That way if the County changes the definition of temporary the applicant will
follow the code.
Commissioner Hansford amended his motion to read "Temporary housing will be allowed for the time
period defined in the Weld County Code."
Vote: Motion carried by unanimous roll call vote(summary: Yes=7).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Michael Wailes.
3
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR13-0051 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Jordan Jemiola, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Michael Wailes.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. No one
wished to speak.
Meeting adjourned at 2:40 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
4
Hello