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Case Number:
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Request:
LAND USE APPLICATION
SUMMARY SHEET
Kim Ogle
USR24-0003
Hutton Family Trust, c/o James W. Hutton and Kayla E Hutton, Trustees
1273 O 1/2 Road, Loma, CO 81524
Hearing Date: May 7, 2024
Bob Choate
Coan, Payton, Payne, 1711 61st Avenue, Suite 100, Greeley, CO 80634
19767 County Road 86, Ault, CO
Site Specific Development Plan and Use by Special Review for Oil and Gas Support
and Service, including a 3750 SF storage and equipment maintenance building for
company vehicles only, screened outdoor storage of company vehicles, company
equipment and materials associated with oil and gas operations and one double walled
fueling station, outside of subdivisions and historic townsites in the A (Agricultural)
Zone District
Legal Lot A Recorded Exemption RECX15-0001 being part of the SE4 of Section 32, T8N,
Description: R65W, of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to County Road 86 approximately 975 feet west of County Road
41
Size of Parcel: ± 1.8 acres Parcel No. 0551-32-4-00-052
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 referral responses with comments from the
following agencies:
➢ Weld County Oil and Gas Energy Department, referral dated January 31, 2024
➢ Weld County Department of Public Health and Environment, referral dated February 22, 2024
➢ Weld County Department of Planning Services — Development Review, referral dated February 13, 2024
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Weld County Sheriff's Office, referral dated January 29, 2024
➢ Weld County School District RE -9, referral dated January 29, 2024
➢ West Greeley Conservation District, referral dated February 12, 2024
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Town of Ault
➢ Ault Fire Protection District
➢ Colorado Parks and Wildlife
➢ North Weld County Water District
➢ State of Colorado, Department of Labor and Employment
➢ Weld County Department of Planning Services — Code Compliance
➢ Weld County Department of Planning Services — Building Inspection
Case Summary:
James and Kayla Hutton own K -La Construction LLC, a business that provides excavation, drilling, and
related services to oil and gas sites in the DJ Basin. The use of this site is intended to allow parking, storage,
and maintenance of vehicles, construction equipment, and materials associated with the DJ Basin oilfield.
The equipment and vehicles are primarily used at oil and gas locations throughout Weld County, and so it
is unlikely that all of them will be stored together on site at any given time. Further, they are subject to
change as needed to accommodate the needs of the business and its customers. This application requests
the authorization for five (5) drills, five (5) excavators, five (5) skid steers, five (5) semi -trucks with two (2)
trailers, and up to ten (10) pickup trucks and employee vehicles.
The large outbuilding is planned to be retrofitted, which will require a change of use building permit for
storage and vehicle and equipment maintenance. No stockpile or waste areas are proposed. Opaque
screened outdoor storage of vehicles, equipment, and materials is required and proposed. The existing
residence is served by North Weld County Water District and an on -site wastewater system (OWTS)
permitted for 3 bedrooms (G19910098). The application indicates there will be portable toilets for onsite
employees and the residential house on the property is not occupied and will not be used. The facility is
serviced by North Weld County Water District for potable water and fire flows if required.
The site is not intended to be a 24/7 operation, although some equipment is intended to be always stored.
Maintenance and other employee operations are expected to occur from 7:00 a.m. to 6:00 p.m., Monday
through Saturday. Currently employees only spend part of their shift on site. This application states that
there will be up to two (2) employees on site during the single day shift. The maximum number of persons
on site at any time is not expected to be greater than ten (10). No customers visit the site. Employees are
expected to visit the site to complete vehicle and equipment maintenance, and to pick up and drop off
equipment and vehicles.
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 22-2-10. Guiding principles.
Respecting Private Property Rights. One of the basic principles upon which the United States was
founded is the right of citizens to own and utilize property so long as that use complies with local
regulations and does not interfere with or infringe upon the rights of others.
The proposed use allows the property owner to utilize their property to run their business in
compliance with the Weld County Code and all other applicable laws, and given the minimal impact
on the surrounding area, does not interfere with or infringe upon the rights of others.
Promoting Economic Growth and Stability. Land use policies have a significant impact on economic
conditions in the County and should be structured to encourage economic prosperity. To ensure
the continued strength of Weld County's economy, land use processes and decisions based on this
plan shall be consistent and promote fiscally responsible growth.
The property owner owns the business, which has expanded into Weld County to provide much
needed services to the oil and gas industry in the DJ Basin. The site is located in a prime area to
provide such services without unduly impacting the County's road network that would result if
unnecessary travel miles were added to each job.
Protecting Health, Safety, and General Welfare. Land use regulations and policies will protect and
enhance the health, safety, and general welfare of the citizens of Weld County.
The Hutton's business provides necessary services to our community, and generally enhances the
general welfare of the citizens of Weld County. The minimal impact as the business is appropriately
regulated by the Use by Special Review permit process, which protects the health and safety of
the neighbors.
Section 22-2-40. - Economic Development Goals and Objectives.
Support compatible economic development opportunities.
The Hutton's business is directly tied to the DJ Basin and energy development. The location
presents an economic opportunity both to the Hutton's themselves, but also to the recipients of their
services, which benefit from the centralized location of their service yard which is substantially
closer (and therefore more efficient) than other available oilfield service providers to the south. The
site appears to be compatible with the surrounding land uses, the Comprehensive Plan supports
this opportunity.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
Section 23-3-10. — Intent, of the Weld County Code states, "Agriculture in the County is considered
a valuable resource which must be protected from adverse impacts resulting from uncontrolled and
undirected business, industrial and residential land uses. The A (Agricultural) Zone District is
established to maintain and promote agriculture as an essential feature of the County. The A
(Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and
activities related to agriculture and agricultural production, and for areas for natural resource
extraction and energy development, without the interference of other, incompatible land uses."
This code section supports the oil and gas support and service facility as the facility supports natural
resource extraction and energy development.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent lands consist of pastures, crops, and rural residences. The closest residence is
adjacent to the west.
There are two (2) USR within one mile of the site. USR-1471 for three (3) 183 -foot in height radio
towers and USR18-0077 for a high pressure gas line both located southwest of the property.
The Weld County Department of Planning Services sent notice to eighteen (18) Surrounding
Property Owners. Planning staff received no correspondence from surrounding property owners or
interested persons.
The applicant has been in contact with the Surrounding Property Owner to the west who expressed
no concerns with the proposed use.
The Conditions of Approval require that the applicant submit an Improvements Agreement (for dust
control and damage repair) and a Screening Plan.
The proposed use is in an area that can support this development and the existing screening, the
Development Standards, and the Conditions of Approval will assist in mitigating the impacts of the
facility on the adjacent properties and ensure compatibility with surrounding land uses and the
region.
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 Coordinated Planning Agreement Area (CPA) for the Town of Ault.
As part of the pre -application process the municipalities were sent a Notice of Inquiry (NOI). The
Town of Ault did not submit a Notice of Inquiry response. The Town of Ault's Future Land Use Map
delineates this property as being located outside of the Town boundary, Primary Growth Area and
Planning Area.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld
County Code.
The property is/is not located within any overlay district officially adopted by the County, including
A -P (Airport) Overlay District, 1-25 Overlay District, Geologic Hazard Overlay District, MS4 -
Municipal Separate Storm Sewer System area, Special Flood Hazard Area, Historic Townsites
Overlay District, or Agricultural Heritage Overlay District.
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 Natural Resources Conservation Services (NRCS) Soil Survey indicates that 48% of the site
consists of low -slope (1-3%) Thedalund loam. This soil types is classified as "Farmland of local
importance". No Prime Farmland will be removed from 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 proposal has been reviewed by the appropriate referral agencies and it has been determined
that the attached conditions of approval and development standards ensure that there are adequate
provisions for the protection of the health, safety and welfare of the inhabitants of the neighborhood
and county and will address and mitigate impacts on the surrounding area with the operation of this
facility.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. A Road Maintenance Agreement is required at this location. Road maintenance includes, but is
not limited to, dust control and damage repair to specified haul routes. (Development Review)
B. The applicant shall acknowledge the requirements of the Weld County Oil and Gas Energy
Department as stated in the referral response dated January 31, 2024. Written evidence of such
shall be submitted to the Weld County Department of Planning Services. (Department of Planning
Services)
C. A Lighting Plan shall be submitted to and accepted by the Department of Planning Services.
(Department of Planning Services)
D. A Screening Plan shall be submitted to and accepted by the Department of Planning Services that
screens the site from the Surrounding Property Owners and rights -of -way. (Department of Planning
Services)
E. The applicant shall submit evidence that the double walled fueling station has the appropriate
permits from State of Colorado Department of Public Health and Environment, Department of Labor
and Employment, Division of Oil and Public Safety. Written evidence of such shall be submitted to
the Weld County Department of Planning Services. (Department of Planning Services)
F. The applicant shall submit evidence that the double walled fueling station has the appropriate
permits from Ault Fire Protection district. Written evidence of such shall be submitted to the Weld
County Department of Planning Services. (Department of Planning Services)
G. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR24-0003 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4. The applicant shall delineate on the map the trash collection areas. Section 23-2-240.A.13 of
the Weld County Code addresses the issue of trash collection areas. (Department of Planning
Services)
5. The map shall delineate the screening in accordance with the accepted Screening Plan.
(Department of Planning Services)
6. The map shall delineate the onsite lighting in accordance with the accepted Lighting Plan.
(Department of Planning Services)
7. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 of
the Weld County Code, if applicable. (Department of Planning Services)
8. The map shall delineate the parking area for the construction equipment and employees.
(Department of Planning Services)
9. Show and label all recorded easements and rights -of -way shall be delineated on the map by
book and page number or reception number. (Department of Planning Services)
10. County Road 86 is a paved road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80 feet of
right-of-way at full buildout. The applicant shall delineate and label on the site map the future
and existing right -of- way (along with the documents creating the existing right-of-way) and the
physical location of the road. If the existing right-of-way cannot be verified it shall be dedicated.
The applicant shall also delineate the physical location of the roadway. Pursuant to the
definition of setback in the Weld County Code Sec. 23-1-90, the required setback is measured
from the future right-of-way line. The western portion of the road is maintained by Weld County.
(Development Review)
11. Show and label the access point onto CR 86. Include the access usage type, the accepted
access width, and the accepted access turning radii on the site plan. (Development Review)
12. Show and label the drainage flow arrows. (Development Review)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy
(.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon
approval of the map the applicant shall submit a Mylar map along with all other documentation required
as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. The map shall be prepared in accordance with the
requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional
requirements shall be submitted within one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within the
specified timeline from the date of the Board of County Commissioners Resolution, a $50.00 recording
continuance fee shall be added for each additional 3 -month period. (Department of Planning Services)
4. The Use by Special Review is not perfected until the Conditions of Approval are completed and the
map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the
property, until the Use by Special Review map is ready to be recorded in the office of the Weld County
Clerk and Recorder or the applicant has been approved for an early release agreement. (Department
of Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Hutton Family Trust
USR24-0003
1. Site Specific Development Plan and Use by Special Review, USR24-0003 for Oil and Gas Support and
Service, including a 3750 SF storage and equipment maintenance building for company vehicles only,
screened outdoor storage of company vehicles, company equipment and materials associated with oil
and gas operations and one double walled fueling station, outside of subdivisions and historic townsites
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. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services
4. The hours of operation are 7:00 a.m. - 6:00 p.m. Monday — Saturday. (Department of Planning
Services)
5. The number of on -site employees shall be up to two (2) as stated in the application materials.
(Department of Planning Services)
6. The number of commercial vehicles shall be up to twenty (20), as stated in the application materials.
(Department of Planning Services)
7. The parking area on the site shall be maintained. (Department of Planning Services)
8. All signs shall adhere to Chapter 23, Article IV, and Division 2 of the Weld County Code. (Department
of Planning Services)
9. The existing landscaping and proposed screening on the site shall be maintained in accordance with
the approved Landscape and Screening Plan. Required screening shall be installed within one (1)
calendar year of issuance of a building permit or commencement of use, whichever occurs sooner.
Dead or diseased plant materials shall be replaced with materials of similar quantity and quality at the
earliest possible time. (Department of Planning Services)
10. 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)
11. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant
to Chapter 15, Article I and II, of the Weld County Code. (Development Review)
12. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking. (Development Review)
13. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement. (Development Review)
14. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Development Review)
15. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site
visit and possible updates. (Development Review)
USR24-0003 — Hutton
Page 7 of 11
16. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
17. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface
and groundwater contamination. (Department of Public Health and Environment)
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. (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 applicant shall
operate in accordance with Chapter 14, Article 1 of the Weld County Code and the approved waste
handling plan. (Department of Public Health and Environment)
20. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with
the Colorado Air Quality Commission's air quality regulations and the approved dust abatement plan.
(Department of Public Health and Environment)
21. The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank
Regulations. (Department of Public Health and Environment)
22. Any On -site Wastewater Treatment System located on the property must comply with all provisions of
the Weld County Code, pertaining to On -site Wastewater Treatment Systems. (Department of Public
Health and Environment)
23. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes, as necessary. (Department of Public Health and Environment)
24. For employees or contractors on site for less than 2 consecutive hours a day, and 2 or less full-time
employees on site, portable toilets and bottled water are acceptable. Records of maintenance and
proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the
Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a
cleaner licensed in Weld County, contain hand sanitizers and be screened from existing adjacent
residential properties and public rights -of -way. (Department of Public Health and Environment)
25. In the event the applicant intends to utilize the existing OWTS, for employee use, the 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.
(Department of Public Health and Environment)
26. 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)
27. Lighting shall be maintained in accordance with the accepted Lighting Plan (Department of Planning
Services)
28. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties.
Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in
accordance with the map. Neither the direct, nor reflected, light from any light source may create a
USR24-0003 — Hutton
Page 8 of 11
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)
29. Building permits may be required, for any new construction, set up of manufactured structures, or
change of use of existing buildings per Section 29-3-10 of the Weld County Code. Buildings and
structures shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2018 International Building
Codes, 2018 International Energy Code, 2020 National Electrical Code, and Chapter 29 of the Weld
County Code. A Building Permit Application must be completed and two (2) complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted for review. A Geotechnical Engineering Report, performed by a Colorado registered
engineer, shall be required or an Open Hole Inspection. A building permit must be issued prior to the
start of construction. (Department of Building Inspection)
30. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County
Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs.
31. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code. (Department of Planning Services)
32. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended.
33. 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. (Department of
Planning Services)
34. 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. (Department of Planning Services)
35. 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. (Department of Planning Services)
36. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within
three (3) years from the date of Board of County Commissioners signed Resolution, unless otherwise
specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall
be vacated.
37. A Use by Special Review shall terminate when the use is discontinued for a period of three (3)
consecutive years, the use of the land changes or the time period established by the Board of County
Commissioners through the approval process expires. The landowner may notify the Department of
Planning Services of a termination of the use, or Planning Services staff may observe that the use has
been terminated. When either the Department of Planning Services is notified by the landowner, or
when the Department of Planning Services observes that the use may have been terminated, the
Planner shall send certified written notice to the landowner asking that the landowner request to vacate
the Use by Special Review Permit.
38. In such cases where the Use by Special Review has terminated but the landowner does not agree to
request to vacate the Use by Special Review Permit, a hearing shall be scheduled with the Board of
County Commissioners to provide the landowner an opportunity to request that the Use by Special
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Review Permit not be vacated, for good cause shown. The landowner shall be notified at least ten (10)
days prior to the hearing. If the Board of County Commissioners determines that the Use by Special
Review has terminated and no good cause has been shown for continuing the permit, then the
termination becomes final, and the Use by Special Review Permit is vacated.
39. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and
coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the
state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of
the state face a critical shortage of such deposits; and (c) such deposits should be extracted according
to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and people moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource
sites are fixed to their geographical and geophysical locations. Moreover, these resources are
protected property rights and mineral owners should be afforded the opportunity to extract the mineral
resource.
40. WELD COUNTY'S RIGHT TO FARM STATEMENT: 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
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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.
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March 29, 2024
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: kogle@weld.gov
Phone: (970) 400-3549
Fax: (970) 304-6498
Bob Choate
103 W. Mountain Ave., Suite 200
Fort Collins, CO 80524
Subject: USR24-0003 - Site Specific Development Plan and Use by Special Review for Oil and Gas
Support and Service, including a 3750 SF storage and equipment maintenance building for company
vehicles only, screened outdoor storage of company vehicles, company equipment and materials
associated with oil and gas operations and one double walled fueling station, outside of subdivisions
and historic townsites in the A (Agricultural) Zone District
On parcel(s) of land described as:
LOT A REC EXEMPT RECX15-0001; BEING PART SE4 SECTION 32, T8N, R65W of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on May 7, 2024 at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on May 22, 2024 at
10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must 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 https://aca-
prod.accela.com/WELD/Default.aspx
Respectfully,
Kim O
Planner
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