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HomeMy WebLinkAbout20140284.tiff a N< III r _ 1i LAND USE APPLICATION SUMMARY SHEET cs Planner: Diana Aungst Hearing Date: January 21, 2014 Case Number: USR13-0051 Applicant: Teresa Anderson 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 Lot B of Amended Recorded Exemption AmRE-4025 Being part of NW4 Section 26 Description: T2N R67W of the 6th P.M., Weld County, CO Location: South of and adjacent to County Road 18; East of and adjacent to County Road 21 Size of Parcel: +/- 23 acres Parcel No. 1311-26-2-00-035 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: RE-8 School District, referral dated October 30, 2013 Fort Lupton Fire Protection District, referral dated November 20, 2013 Colorado Division of Parks and Wildlife, referral dated October 31, 2013 Northern Colorado Water Conservancy, referral dated October 25, 2013 • Weld County Department of Public Works, referral dated November 21, 2013 Weld County Department of Building Inspection, referral dated November 27, 2013 Weld County Department of Public Health and Environment, referral dated November 20, 2013 The Department of Planning Services' staff has received referral responses without comments from the following agencies: • Town of Frederick, referral dated November 14, 2013 Division of Water Resources, referral dated October 28, 2013 • Weld County Zoning Compliance, referral dated October 24, 2013 The Department of Planning Services' staff has not received responses from the following agencies: • Town of Firestone U SR13-0051 Page 1 of 12 City of Fort Lupton • Weld County Sheriffs Office • Weld County Ambulance Services • Central Weld County Water District Platte Valley Soils Conservation District U SR13-0051 Page 2 of 12 i86r .i SPECIAL REVIEW PERMIT ✓ � �' ADMINISTRATIVE REVIEW a�L'- 111 vvv111 'v Planner: Diana Aungst Hearing Date: January 21, 2014 Case Number: USR13-0051 Applicant: Teresa Anderson 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 Lot B of Amended Recorded Exemption AmRE-4025 Being part of NW4 Section 26 Description: T2N R67W of the 6th P.M., Weld County, CO Location: South of and adjacent to County Road 18; East of and adjacent to County Road 21 Size of Parcel: +/- 23 acres Parcel No. 1311-26-2-00-035 Case Summary: The applicant, Ms. Teresa Anderson, is requesting a Use by Special Review (USR) permit to construct a seventy-five space RV Park and two acres of RV storage. The application materials state that 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 storage of vehicles, boats, trailers, cars, and other misc items. According to the application the "other misc items" include, vans, stand-alone campers, motor homes, 5'h wheel trailers, small, medium, and large pick-up trucks with or without attached campers, boats with trailers, commercial and industrial vehicles and equipment and other similar items. The applicant has proposed screening for the RV Park and the storage area. The RV Park will be screened with landscaping and the storage area will be screened with a security fence. The hours of operation are proposed to be 24/7, and the maximum number of employees will be six (6). 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 application materials include a "can serve" letter from the Water District for the RV Park. The application materials state that there will be two septic systems built to serve the RV Park, the office/caretaker building, and the shower house. An RV dump station is also proposed. There is an existing mobile home on the site that is owned and occupied by the applicant. There is also a 100 foot x 33 foot barn, and several out-buildings on the site. USR13-0051 Page 3 of 12 DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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 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." 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. 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 for a second single-family dwelling and Amended USR-1231 for a 4,000 head dairy are located approximately one-half mile U SR13-0051 Page 4 of 12 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. 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 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) USR13-0051 Page 5 of 12 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) 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) U SR13-0051 Page 6 of 12 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 senttomaps@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) 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 U SR13-0051 Page 7 of 12 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) USR13-0051 Page 8 of 12 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. "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) 6. 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) 7. No hazardous materials shall be stored on site. (Department of Planning Services) 8. The lighting on the site shall be maintained in accordance with the approved Lighting Plan. (Department of Planning Services) 9. The parking on the site shall be maintained in accordance with the approved Parking Plan. (Department of Planning Services) 10. The signage on the site shall be maintained in accordance with the approved Signage Plan. (Department of Planning Services) 11. The landscaping and screening on the site shall be maintained in accordance with the approved Landscape/Screening Plan. (Department of Planning Services) 12. 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) 13. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public Works) 14. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) U SR13-0051 Page 9 of 12 15. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized. (Department of Public Works) 16. 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) 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., as amended. (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 the approved Waste Handling Plan, at all times. (Department of Public Health and Environment) 19. 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) 20. 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) 21. 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) 22. 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) 23. 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) 24. 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) 25. The facility shall utilize the existing public water supply (Central Weld County Water District). (Department of Public Health and Environment) 26. Bottled water shall be utilized for drinking during construction of the project. (Department of Public Health and Environment) 27. Adequate toilet facilities (portable toilets) and hand washing units shall be provided during the construction of the facility. (Department of Public Health and Environment) 28. 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) USR13-0051 Page 10 of 12 29. 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) 30. 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) 31. 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) 32. 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) 33. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 34. 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. 35. 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. 36. 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. 37. 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 U SR13-0051 Page 11 of 12 pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5- 102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, 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. U SR13-0051 Page 12 of 12 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 December 10, 2013 ANDERSON TERESA 7878 CR 21 FORT LUPTON, CO 80621 Subject: USR13-0051 - 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. On parcel(s)of land described as : PT NW4 SECTION 26, T2N, R67W LOT B REC EXEMPT RE-4025 of the 6th P.M., Weld County, Colorado. Dear Applicant: I have scheduled a meeting with the Weld County Planning Commission on January 21, 2014, at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on February 5, 2014 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.orq If you have any questions concerning this matter, please call. Respectfully, ss .� __pp_ Digitally signed by Kristine Ranslem VAN o.9.. )�(/K7 Fèason:lam the author of thisdocument U Date:2013.12.10 08:56:53-07'00' Diana Aungst Planner h N DEPARTMENT OF PLANNING SERVICES "••••• Lia fi 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: daungst@co.weld.co.us PHONE: (970)353-6100, Ext. 3524 ti ' / FAX: (970)304-6498 October 24, 2013 TERESA ANDERSON 7878 CR 21 FT LUPTON CO 80621 Subject: USR13-0051 - 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. On parcel(s)of land described as: PT NW4 SECTION 26, T2N, R67W LOT B REC EXEMPT RE-4025 of the 6th P.M., Weld County, Colorado. Dear Applicant: 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: Firestone at Phone Number 303-833-3291 Fort Lupton at Phone Number 303-857-6694 Frederick at Phone Number 720-382-5500 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, li3Digitally signed by Kristine tandem M 2�.� Mason:I am the author of this document Date:2013.10.2411:42:25-0600' Diana Aungst Planner Parking Plan Site: 7878 CR 21 Ft Lupton, CO 80621 There will be no extra parking spaces as each RV spot is big enough to hold all vehicles that belong with that RV owner. We will have 2 packing spaces at the office with one being ADA. Respectfully yours, Teresa Anderson B Bold Park and Storage 7878 CR 21 Ft Lupton, CO 80621 303-913-5561 FIELD CHECK Inspection Date: 12/27/13 Case Number: USR13-0051 Applicant: Teresa Anderson 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 Lot B of Amended Recorded Exemption RE-4025 Being part of NW4 Section Description: 26 T2N R67W of the 6th P.M., Weld County, CO Location: South of and adjacent to County Road 18; East of and adjacent to County Road 21 Size of Parcel: +/- 23 acres Parcel No. 1311-26-2-00-035 Zoning Land Use N A (Agricultural) N Agriculture/old turkey farm/rural residential E A (Agricultural) E Agricultural/rural residential S A (Agricultural) S Agricultural/rural residential W A (Agricultural) W Agricultural/rural residential COMMENTS: The site contains a mobile home, a 100' x 33' storage building, and some outbuildings. The access to the site is off of County Road 21. The site has very few trees and is primarily dry farm land. Diana Aungst, Planner Hello