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LAND USE APPLICATION
SUMMARY SHEET
Planner: C. Gathman
Case Number: USR12-0045 Hearing Date: September 18, 2012
Applicant: Doris Cunningham C/O Vince Harris—Baseline Corporation
Address: 700 12th Street, Suite 220, Golden CO 80401
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, 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 (Oil Field Equipment
Manufacturing Facility) in the A (Agricultural) Zone District.
Legal Description: Lot B of AMRE-991; located in Part of the NW4SW4 of Section 2 Township 7
North Range 66 West, Weld County, Colorado
Location: East of and adjacent to CR 33 and approximately'A mile south of CR 86
Size of Parcel: +/- 3.5 acres
Parcel Number: 070702300061
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received responses from the following agencies:
Without Comments:
Town of Pierce Planning, referral received 7/24/2012
Weld County Sheriff's Office, referral received 7/16/2012
Colorado Parks&Wildlife, referral received 7/13/2012
City of Thornton, referral received 8/3/2012
With Comments:
Weld County Department of Public Works, referral received 8/9/2012
Weld County Department of Public Health & Environment, referral received 8/6/2012
Weld County Zoning Compliance, referral received 7/16/2012
Colorado Division of Water Resources, referral received 7/23/2012
Weld County Department of Building Inspection, referral received 7/23/2012
USR12-0045, Cunningham, Page 1
The following agencies have not responded:
Town of Ault
West Greeley Soil Conservation District
Ault Fire Protection District
Colorado Department of Transportation (CDOT)
USR12-0045, Cunningham, Page 2
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SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: C. Gathman
Case Number: USR12-0045 Hearing Date: September 18, 2012
Applicant: Doris Cunningham CIO Vince Harris—Baseline Corporation
Address: 700 12th Street, Suite 220, Golden CO 80401
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, 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 (Oil Field Equipment
Manufacturing Facility) in the A (Agricultural) Zone District.
Legal Description: Lot B AMRE-991; located in Part of the NW4SW4 of Section 2 Township 7 North
Range 66 West, Weld County, Colorado
Location: East of and adjacent to CR 33 and approximately 'A mile south of CR 86
Size of Parcel: +1- 3.5 acres
Parcel Number: 070702300061
Summary: There is an active zoning violation (ZCV11-00013) for the operation of an industrial operation
on this property without proper zoning permits. Staff had a pre-application with Mr. Simpson in December
of 2010 and explained that a USR would be required prior to locating his business on this site. This
violation was initiated in 2011. It is also staff's understanding that improvements have been made to the
existing building without proper building permits. A Special Use Permit was originally applied for on this
site under case # USR-1785. USR-1785 was denied by the Board of County Commissioners on October
19, 2011. The applicant subsequently applied for a Substantial Change application in which changes to
the proposed application were proposed including (most substantially) removing painting operations from
the site. At their March 28, 2012, The Board of County Commissioners determined that the proposed
changes to the application constituted a substantial change and that the applicant could apply for a new
Special Use Permit for this site. The applicants are applying for a special use permit application for an oil
field equipment manufacturing facility.
It should be noted that there is an existing USR on the property. USR-490 was approved by the Board of
County Commissioners on May 5, 1982 for an addition to an existing building for storage and processing
of onions, cabbage and spinach. The application materials indicate that the operation would have up to
30 employees during the season and a total of 200 tractor-trailer truck trips to the facility on an annual
basis.
Originally the nearest residence to the west of the USR site (directly adjacent) was on the same parcel as
USR-490. According to the assessor records this residence was built in 1964. The residence was divided
off from the remainder of the property in 1987 through a recorded exemption process (Recorded
Exemption 991).
USR12-0045, Cunningham, Page 3
It should be noted that staff received a copy of a meeting/open house notification addressed to
surrounding property owners/neighbors to discuss the USR request to be held at an outside location in
the Town of Ault on August 1s`, 2012. Staff has not heard if the meeting was held and/or if anyone
attended.
This USR is to correct a zoning violation (ZCV11-00013) for the presence of a commercial operation
without first obtaining the necessary Weld County Zoning Permits. This complaint was from a private
citizen. Should this application be approved and the final plat is recorded, the violation will be dismissed.
If this application is denied, all commercial storage and operations shall be removed from the property.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
DENIED 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 not 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 not consistent with Chapter 22 and any
other applicable code provisions or ordinance in effect.
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."
Section 22-2-20.1. A.Goal 9. states: "Reduce potential conflicts between varying land
uses in the conversion of traditional agricultural lands to other land uses."
Section 22-2-20.1.5. A.Policy 9.5. states: "Applications for a change of land use in the
agricultural areas should be reviewed in accordance with all potential impacts to
surrounding properties and referral agencies. Encourage applicants to communicate with
those affected by the proposed land use change through the referral process."
The proposed facility is located immediately adjacent to two single-family residences. The
nearest residence to the north is located approximately 100-feet from the boundaries of
the site and the nearest residence to the west is located approximately 70-feet from the
boundaries of the site. The next nearest residence is located approximately 500 feet to
the northwest of the site. The remaining surrounding area is agricultural land (cropland).
The applicant is proposing to change a site approved for an agricultural use for storage
and processing of onions, spinach, and cabbage (an agricultural related business) to an
industrial use (manufacturing of oilfield equipment). The applicant is increasing the total
amount of truck traffic accessing the site on an annual basis (6 truck trips per week
equals 312 total trips vs. 200 trips stated in the agricultural storage and processing
application). The proposal would change from a seasonal business to a year-round
manufacturing facility. The applicant will be storing raw and finished product and
materials outside (to the west and north of the building).
The proposed use is immediately adjacent to two single family residences and is
increasing the intensity of the use beyond what was approved under the original
agricultural storage and processing USR in 1982. It should be noted as well that the scale
of the business has changed from what was outlined in the original USR that was applied
for in 2011. The original staff recommendation (based on the application submitted) for
USR-1785 had development standards attached capping the number of employees at
eighteen (18) and hours of operation were Monday-Friday 7 AM to 8 PM. The applicant is
now proposing two shifts of eighteen (18) employees and extending hours of operation
USR12-0045, Cunningham, Page 4
from 6 AM until 10 PM. Due to the proximity to the existing residences and the
scale/nature of the use, the use is not compatible and cannot be made compatible with
the immediate surrounding area.
B. Section 23-2-220.A.3 -- The uses which will be permitted will not be compatible with the
existing surrounding land uses. The site is located immediately to the south and north of
two existing single-family residences. Adjacent lands to the west and east are agricultural
in nature (cropland). Two letters and an e-mail were received from surrounding property
owners. One letter was signed by the two nearest property owners and the remaining
letter and e-mail was received from the property nearest to the property. Staff has also
received 4-5 phone calls from neighboring property owners in regards to this case.
Concerns expressed in these letters were and phone calls included:
• Concerns with traffic and noise disruption
• Employees working on the west side of the building (near the closest residence to the
site).
• Uses of torches and open flames near the existing 15-foot tall hay bale.
• Dust from trucks.
• Trucks using and idling in the driveway on the west side of the building adjacent to
the existing residence immediately to the west of the site.
• The property is being filled with trash (axles, weeds...)
• Trespassing concerns.
• The unwillingness of the applicant to work with the neighbors to address their
concerns.
• Allegations that painting was occurring on site (staff was not able to confirm that
painting was occurring onsite).
There were a number of concerns from phone calls and letters from surrounding property
owners that was brought up in the original application (USR-1785). Staff has continued to
receive phone calls and letters from neighbors with concerns under this application.
Additionally, staff has received phone calls and letters from the neighbor nearest to the
site (to the southwest) in regards to this application that were not received previously
when the original application was submitted.
Staff feels that the proposed use is not compatible with the surrounding area due to the
proximity of the adjacent residences and the year round (industrial nature) of the
business and cannot be adequately mitigated through development standards and
conditions of approval.
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.
1. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR12-0045. (Department of Planning
Services)
B. The attached Development Standards. (Department of Planning Services)
C. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
D. 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 public
rights-of-way and adjacent properties. These areas shall be designed and used
in a manner that will prevent wind or animal scattered trash. (Department of
Planning Services)
USR12-0045, Cunningham, Page 5
E. County Road 33 is designated on the Weld County Road Classification Plan as
collector road, which requires 80 feet of right-of-way at full build out. A total of 40-
feet from the Centerline of County Road 33 shall be delineated as edge of future
right-of-way for County Road 33. 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. If the right-of-
way cannot be verified, it shall be dedicated. This road is maintained by Weld
County. (Department of Public Works)
F. The plat shall delineate the approved Screening Plan. (Department of Planning
Services)
G. Show the existing access point(s) on the Plat and label it with the Access Permit
number (AP11-00133). (Department of Public Works)
H. Label the water quality area as "Water Quality — No Build or Storage Area"
(Department of Public Works)
The plat shall delineate the approved Lighting Plan. (Department of Planning
Services)
J. The plat shall delineate the approved Sign Plan. (Department of Planning
Services)
2. The applicant shall address the requirements (concerns) of Weld County Department of Building
Inspection, as stated in the referral response dated July 23, 2012. Appropriate building permits
shall be obtained for any improvements made to the buildings/structures without proper building
permits not already covered (if any) under building permit# BCR11-00712. Additionally proper
building permits shall be obtained for the sign posted adjacent to County Road 33. (Department
of Building Inspection)
3. In the event the applicant intends to utilize the existing septic system for business use, the septic
system shall be reviewed by a Colorado Registered Professional Engineer. The review shall
consist of observation of the system and a technical review describing the system's ability to
handle the proposed hydraulic load. The review shall be submitted to the Environmental Health
Services Division of the Weld County Department of Public Health and Environment. In the event
the system is found to be inadequately sized or constructed the system shall be brought into
compliance with current Regulations. Alternately, a new septic system can be installed for
business use. Evidence of Environmental Health approval shall be provided to the Department of
Planning Services. (Department of Public Health and Environment)
4. An Improvements and Road Maintenance Agreement is required for this site. Access
improvements shall include a 60-foot turning radiuses and double cattle guards to prevent the
tracking of mud onto the County roadway. Additional improvements will be required if tracking
occurs or if trucking numbers increase. The agreement shall include screening improvements.
The agreement and form of collateral (if collateral is required as a condition prior to recording the
plat) shall be reviewed by County Staff and accepted by the Board of County Commissioners
prior to recording the Use by Special Review plat. (Departments of Public Works and Planning
Services)
5. The applicant shall submit to the Department of Planning Services with a Lighting Plan for review
and approval. (Department of Planning Services)
6. The applicant shall submit a Noise Abatement Plan for review and approval by the Departments
of Public Health and Environment and Planning Services. (Department of Planning Services)
7. The applicant shall submit a Sign Plan to the Department of Planning Services for review and
USR12-0045, Cunningham, Page 6
approval. (Department of Planning Services)
8. The applicant shall submit to the Department of Planning Services with a Screening Plan for
review and approval. A minimum six-foot in height opaque fence shall completely screen the
parking and outdoor storage area. In addition a 6-foot high screening fence shall be installed
along the southern and western property line between the site and 41430 County Road 33 (Lot B
of AMRE-991). The fence shall extend to the same distance from County Road 33 as the
proposed fence along the northern property line of the site. The type of fence and fencing
material shall be delineated in the screening plan. (Department of Planning Services)
9. USR-490 shall be vacated entirely, or the applicant shall submit a partial vacation plat vacating
the boundary of Lot B of AMRE-991 for approval by the Board of County Commissioners.
(Department of Planning Services)
10. The applicant shall pay the Clerk to the Board's Office the balance due for the Transcript of the
October 19, 2011, Denial Hearing. (Clerk to the Board)
11. Upon completion of 1-10 above the applicant shall submit three (3) paper copies of the plat for
preliminary approval to the Weld County Department of Planning Services. Upon approval of the
paper copies 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 Department of Planning Services' Staff. 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)
12. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the plat
not be recorded within the required one-hundred twenty (120) days from the date the Board of
County Commissioners resolution a $50.00 recording continuance charge shall added for each
additional 3 month period. (Department of Planning Services)
13. The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files
format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable).
Thisdigitalfilemaybesenttomaps@co.weld.co.us. (Department of Planning Services)
14. No new building or electrical permits (with the exception of existing improvements done to the
building without proper permits) shall be issued on the property until the Special Review plat is
ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of
Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
USR12-0045, Cunningham, Page 7
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Doris Cunningham
USR12-0045
1. 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, 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 (oil
field equipment manufacturing facility) in the A (Agricultural) Zone District. (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 maximum number of on-site employees at any one time shall be limited to thirty-six (36).
There shall be no more than two shifts of eighteen (18) employees. (Department of Planning
Services)
4. The hours of operations shall be limited to 6:00 am — 10:00 pm Monday through Friday.
(Department of Planning Services)
5. No more than six (6) tractors with flatbed or semi trailers shall deliver and pick up product from
the site on a weekly basis. (Department of Planning Services)
6. There shall be no parking or staging of vehicles on CR 33. (Department of Public Works)
7. Manufacturing of equipment shall occur inside of the building. No manufacturing shall occur
outside of the building. (Department of Planning Services)
8. There shall be no painting or priming of equipment and materials associated with the business on
the site. (Department of Planning Services)
9. The facility shall operate in accordance with the approved Noise Abatement Plan. (Department of
Planning Services)
10. 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)
11. 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)
12. 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.
(Department of Public Health and Environment)
13. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
14. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall
be operated in accordance with the approved "dust abatement plan" at all times. (Department of
Public Health and Environment)
15. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial
USR12-0045, Cunningham, Page 8
Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health
and Environment)
16. 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)
17. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and
volatile organic compounds (VOC's). All chemicals must be stored secure, on an impervious
surface, and in accordance with manufacturer's recommendations. (Department of Public Health
and Environment)
18. 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)
19. 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)
20. A permanent, adequate water supply shall be provided for drinking and sanitary purposes (well
permit 286916). (Department of Public Health and Environment)
21. This application is proposing a well as its source of water. The applicant should be made aware
that while they may be able to obtain a well permit from the Office of the State Engineer, Division
of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e.
domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet
all drinking water standards as defined by the Colorado Department of Public Health and
Environment. We strongly encourage the applicant to test their drinking water prior to
consumption and periodically test it over time. (Department of Public Health and Environment)
22. 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)
23. Building permits shall be obtained prior to the construction or change of use of any building
Requirements for submitting plans for permitting process may vary with each change of use.
Please contact Weld County Building Inspection Department for specific requirements.
(Department of Building Inspection)
24. A plan review is required for each building except for buildings that meet the definition of Ag
Exempt buildings. Plans require the wet stamp of a Colorado registered architect or engineer.
(Department of Building Inspection)
25. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of
permit application. Current adopted codes include the 2006 International Residential Code; 2006
International Building Code; 2006 International Mechanical Code; 2006 International Plumbing
Code; 2006 International Fuel Gas Code; 2006 International Energy Conservation Code; 2011
National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building
Inspection)
26. Each building will require an engineered foundation based on a site-specific geotechnical report
or an open hole inspection performed by a Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer. (Department of Building
Inspection)
27. Fire resistance of walls and openings, construction requirements, maximum building height and
allowable areas will be reviewed at the plan review. Setback and offset distances shall be
determined by the Zoning Ordinance. (Department of Building Inspection)
USR12-0045, Cunningham, Page 9
28. Building height shall be measured in accordance with the 2006 International Building Code for the
purpose of determining the maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk Requirements from Chapter 23 of the
Weld County Code. Building height shall be measured in accordance with Chapter 23 of the
Weld County Code in order to determine compliance with offset and setback requirements.
Offset and setback requirements are measured to the farthest projection from the building.
(Department of Building Inspection)
29. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
30. Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to adhere
to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2)
31. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
32. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code.
33. 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 constructed as traffic control devices. (Department of
Planning Services)
34. The Screening on site shall be maintained in accordance with the approved Screening Plan.
(Department of Planning Services)
35. 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. All vegetation, other than
grasses, needs to be maintained at a maximum height of 12 inches until the area is completely
developed. (Department of Public Works)
36. 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.
37. The historical flow patterns and runoff amounts will be maintained on site in such a manner that it
will reasonably preserve the natural character of the area and prevent property damage of the
type generally attributed to run-off rate and velocity increases, diversions, concentration and/or
unplanned ponding of storm run-off. (Department of Public Works)
38. Weld County is not responsible for the maintenance of drainage related features. (Department of
Public Works)
39. The 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.
USR12-0045, Cunningham, Page 10
40. 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.
41. 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
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.
USR12-0045, Cunningham, Page 11
FIELD CHECK inspection dates: 9/6/2012
APPLICANT: Doris Cunningham C/O Vince Harris—Baseline Corporation
CASE #: USR12-0045
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, 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 (Oil Field Equipment Manufacturing Facility) in the A (Agricultural)
Zone District.
LEGAL: Lot B of AMRE-991; located in Part of the NW4SW4 of Section 2 Township 7 North
Range 66 West, Weld County, Colorado.
LOCATION: East of and adjacent to CR 33 and approximately'A mile south of CR 86.
PARCEL ID #: 070702300061
ACRES: +/- +/- 3.5 acres
Zoning Land Use
N A N Single-Family Residence
E A E Cropland
S A S Cropland
W A W Single Family Residence
COMMENTS:
Existing building and outdoor storage area. Operation is located immediately adjacent to two single-family
residences to the north and west.
L —J
Chris Gathman - Planner III
t861 DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
'I ' r , - GREELEY, CO 80631
WEBSITE:www.co.weld.co.us
! ` ' ' E-MAIL: cgathman@co.weld.co.us
PHONE: (970)353-6100, Ext. 3537
c 0 U N T? FAX: (970)304-6498
August 28, 2012
Vince Harris
Baseline Corporation
700 12th Street, Suite 220
Golden, CO 80401
Subject: USR12-0045 - 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, 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 (oil
field equipment manufacturing facility)in the A(Agricultural)Zone District.
On parcel(s)of land described as:
PT NW4SW4 SECTION 2, T7N, R66W LOT B AMD REC EXEMPT AMD RE-991 of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on September 18, 2012, at
1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on October 10,
2012 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.weldcountvalannincicases.orq
If you have any questions concerning this matter, please call.
Respectfully,
"'- Digitally signed by Kristineof his Ranslem
Reason 1 am 1555the Nauthorofthisdocument
Location:1555 N 17th Ave
Date:2012.08.28 09:47:47-0600'
Chris Gathman
Planner
,2012_-27gt
1861 W DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
I ti r , '- I+. GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
IE-MAIL: cgathman@co.weld.co.us
-- ' PHONE: (970)353-6100, Ext. 3537
_c_gU N1Z FAX: (970)304-6498
July 12, 2012
Vince Harris
Baseline Corporation
700 12th Street, Suite 220
Golden, CO 80401
Subject: USR12-0045 - 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, 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 (oil
field equipment manufacturing facility) in the A(Agricultural)Zone District.
On parcels)of land described as:
LOT B AMD REC EXEMPT AMD RE-991; PART NW4SW4 SECTION 2, T7N, R66W 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:
Ault at Phone Number 970-834-2844
Pierce at Phone Number 970-834-2851
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,
Digitally signed author
of his Ranslem
Reason: 1555 N 1uthorofthis document
Location:1555 N 17th Ave
Date:2012 O7.12 15:58:49-06'00'
Chris Gathman
Planner
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