HomeMy WebLinkAbout20240368.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Kim Ogle Hearing Date: January 16, 2024
Case Number: USR23-0043
Property Owner: ECO Properties LLC, 1298 Main Street, Windsor, CO 80550
Representative: Hannah Dutrow, AGPROfessionals, 3050 67th Avenue, Greeley, CO 80634
Request: Site Specific Development Plan and Special Review Permit for oil and gas support
and service including establishments principally engaged in serving the oil and gas
industry (fabricating, installing and maintaining containment liners for oil and gas
operations) outside of subdivisions and historic townsites in the A (Agricultural) Zone
District
Legal
Description:
Lot A, RECX17-0186 being part of the S2NE4 Section 32, Township 7 North, Range
64 West of the 6th P.M., County of Weld, State of Colorado
Location: West of and adjacent to County Road 53; approximately 0.5 miles north of County
Road 74
Size of Parcels: +1- 9.5 acres Parcel Nos. 0711-32-1-00-005 0711-32-1-00-006
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:
➢ Weld County Department of Planning Services — Development Review, referral dated October 30, 2023
➢ Weld County Office of Oil and Gas Energy Department, referral dated November 1, 2023
➢ Weld County Department of Public Health and Environment, referral dated November 7, 2023
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Weld School District RE -2, referral dated October 18, 2023
➢ Weld County Sheriff's Office, referral dated October 18, 2023
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Colorado Parks and Wildlife
➢ Galeton Fire Protection District
➢ North Weld County Water District
➢ West Greeley Conservation District
➢ Colorado Department of Transportation
➢ Colorado Division of Oil and Public Safety
➢ State of Colorado, Division of Water Resources
➢ Weld County Office of Emergency Management
➢ Weld County Department of Planning Services — Building Inspection
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Page 1
Case Summary:
The property described as a single parcel is split into two Areas defined by a Tax area. The property
owner and applicant requests a permit for an oil and gas support service business in the A
(Agricultural) zone more specifically for the fabrication and repair of secondary geotechnical containment
liners. The business provides containment liners for use at oil and gas production sites.
The on -site operation will primarily be the fabrication and repair of liners made from polyethylene.
Polyethylene will be delivered to the site in rolls of 30-40 mil sheets, so there will be no manufacturing of
the raw material at this location. The majority of ECO Services' operations currently occur off -site at various
oil and gas locations around the county.
The existing 8500 SF shop will primarily be used to store company equipment and vehicles. Vehicles that
may be on -site include company trucks and employee passenger vehicles, trailers, and one semi- truck
and trailer.
The operation will have fifteen to twenty (15-20) full-time employees and work hours will vary based on job
type. There will be two (2) shifts per day, from 4:00 a.m. to 4:00 p.m. and 4:00 p.m. to 4:00 a.m. Up to four
(4) employees per shift will pick up their work trucks and then leave for off -site operations. Five to seven
(5-7) employees will be on site regularly. These employees will occasionally be off -site bringing tools,
equipment, or products to the job sites having work hours of 6:00 a.m. to 6:00 p.m. In addition, there will
be two -three (2-3) delivery truck visits per week.
Access is existing and is located off of County Road 53 through a gate. No additional accesses are
proposed, and a new access permit will be required for the commercial use.
There are multiple existing structures on site that will require a change of use from agricultural exempt or
personal to commercial building status. ECO Services is proposing to use the existing 8,500 -square foot
building and the 3,800 -square foot building located on the property. The existing manufactured structure
will be used as a caretaker residence. All components of the business are parked or stored inside these
structures. There will be one (1) 500 -gallon fuel tank located on -site for business needs, with both primary
and secondary containment.
There is limited landscaping on the property and consists of native grasses. No additional fencing,
screening or landscaping is proposed.
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 22-2-30.A.1 addresses Weld County's commit to the economic future of agriculture,
specifically stating land use changes should not inhibit agricultural production nor operations. The
proposed use will not inhibit agricultural production or operations. The property is not currently in
agricultural production due to existing site improvements and the irregular shape that would
substantially restrict viable agricultural production.
Section 22-2-60.B.5 addresses the support of responsible energy and mineral development.
Energy development facilities should preserve agricultural areas and enhance the rural landscape.
The use of the non -agrarian land is indirectly supporting the energy sector by providing lands that
can be utilized to support the greater oil and gas economy. Many oilfield sites have equipment that
require geotechnical liners to be installed to prevent potential contamination of the underlying soils.
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The fabrication and installation of site specific geotech fabric provides a service to the oil and gas
industry and enables the industry to maintain compliance with regulatory authorities.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
Citing the Weld County Code, Chapter 23, Article III, Division 1, Section 23-3-40.V provides for a
Site Specific Development Plan and Special Review Permit for oil and gas support and service
including establishments principally engaged in serving the oil and gas industry outside of
subdivisions and historic townsites in the A (Agricultural) Zone District.
The A (Agricultural) Zone District is also intended to provide areas for the conduct of Uses by
Special Review which have been determined to be more intense or to have a potentially greater
impact than Uses Allowed by Right. The A (Agricultural) Zone District regulations are established
to promote the health, safety and general welfare of the present and future residents of the County.
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 rural residences on smaller tracts of land predominately to the east,
with the nearest residence located approximately 200 -feet from the east property line and located
on the west side of County Road 53, with the other residences located at a distance greater than
1000 -feet from the proposed fabrication building. The Mason View Subdivision is located to the
southeast of the proposed facility.
There are seven (7) USRs within one (1) mile of the property including USR-1145 for an airstrip
and AMUSR-1133 for a 9000 head dairy located to the north. To the east is USR-1052 for a water
tank, and to the south is SUP -95 for a dairy. To the west are USR1577 for outside storage,
AMUSR-703 for a Boys' ranch and USR18-0074 for a second single family residence.
The Weld County Department of Planning Services sent notice to nine (9) Surrounding Property
Owners. Planning staff received no correspondence from interested persons or property owners
within 500 feet of the property.
The Conditions of Approval require that the applicant submit an Emergency Action and Safety Plan,
and Improvements Agreement (for road maintenance). The Development Standards and
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 not located within a three (3) mile referral area of any municipality, nor is it located within
any existing Intergovernmental Agreement Area (IGA) of a municipality.
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 not within the Airport Overlay District, 1-25 Overlay District, Special Flood Hazard
Area, Geologic Hazard Overlay District, MS4 - Municipal Separate Storm Sewer System area,
Historic Townsites Overlay District, or Agricultural Heritage Overlay District. Building Permits
issued on the property will be required to adhere to the fee structure of the County -Wide Road
Impact Fee Program, 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.
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The proposed facility is located on approximately 9.5 acres with approximately half identified as
Renohill Clay Loam soils listed as well drained soils having a farmland classification of Farmland
of Statewide Importance. The remaining lands are identified as Shingle Loam soils, also well
drained having a farmland classification of Not prime farmland. Given the site has improvement
on site, no prime farmland is being taken 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 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 USR Map:
A. The Road Maintenance Agreement (Rec. No. 4556160) shall be reviewed and revised, as
necessary, for the proposed new use. Road maintenance includes, but is not limited to, dust
control and damage repair to specified haul routes. (Development Review)
B. In the event the applicant intends to utilize the existing On -site Wastewater Treatment System, 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)
C. The applicant shall acknowledge the advisory comments of Weld County Oil and Gas Energy
Department as stated in their referral dated November 1, 2023. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Weld County Oil and
Gas Energy Department)
D. The applicant shall submit a Lighting Plan for review and acceptance. (Department of Planning
Services)
E. The applicant shall submit building permits and apply for a change of use permit to change the
permit from agricultural exempt or personal to commercial building status for the structures
associated with the commercial business operation. (Department of Planning Services)
F. The applicant shall submit a written request to vacate USR19-0015. (Department of Planning
Services)
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G. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR23-0043. (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. On -site lighting, if applicable. All lighting shall be downcast and shielded so that light rays will
not shine directly onto adjacent properties. Include lighting specification details on the USR map.
Refer to Section 23-2-250.D. of the Weld County Code for design criteria. (Department of
Planning Services)
6. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 of
the Weld County Code. (Department of Planning Services)
7. The map shall delineate the parking area for the vendors, customers and/or employees.
(Department of Planning Services)
8. County Road 53 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The
applicant shall delineate and label on the site map or plat the future and existing right-of-way
(along with the documents creating the existing right-of-way) and the physical location of the
road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by
Weld County. (Development Review)
9. Show and label the approved access location onto CR 53, approved access width and the
appropriate turning radii on the site plan. The applicant must obtain a revised access permit in
the approved location prior to operation. ((Development Review)
10. Show and label the approved tracking control on the site plan. (Development Review)
11. Show and label the accepted drainage features. Stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume.
(Development Review)
12. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Development Review)
13. Show and label the entrance gate if applicable. An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely clear
the traveled way when the gate is closed. In no event, shall the distance from the gate to the
edge of the traveled surface be less than 35 feet. (Development Review)
14. Show and label the drainage flow arrows. (Development Review)
15. 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)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit 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
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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 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 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)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ECO Properties LLC c/o ECO Services LLC
USR23-0043
1. Site Specific Development Plan and Special Review Permit, USR23-0043 for oil and gas support and
service including establishments principally engaged in serving the oil and gas industry (fabricating,
installing and maintaining containment liners for oil and gas operations) 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. The hours of operation are 6:00 a.m. to 6:00 p.m. Monday — Sunday for on -site employees, as stated
by the applicant. (Department of Planning Services)
4. The hours of operation for field operations are in two shifts, from 4:00 a.m. to 4:00 p.m. and 4:00 p.m.
to 4:00 a.m. Monday — Sunday for off -site employees, as stated by the applicant. (Department of
Planning Services)
5. The number of on -site employees shall be twenty (20) as stated by the applicant. (Department of
Planning Services)
6. The parking area on the site shall be maintained. (Department of Planning Services)
7. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code. (Department of
Planning Services)
8. The landscape on the site shall be maintained. (Department of Planning Services)
9. 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)
10. 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)
11. 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. (Department of Public
Health and Environment)
12. Fugitive dust shall attempt to be confined on the property. Uses on the property should comply with
the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and
Environment)
13. All chemicals must be handled in a safe manner, in accordance with product labeling. All chemicals
must be stored securely, on an impervious surface, and in accordance with manufacturers'
recommendations. (Department of Public Health and Environment)
14. 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)
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15. 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)
16. 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)
17. 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)
21. 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)
22. 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)
23. 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)
24. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Development Review)
25. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Development Review)
26. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site
visit and possible updates. (Development Review)
27. Weld County is not responsible for the maintenance of onsite drainage related features.
(Development Review)
28. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
29. 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
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)
30. 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)
31. 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.
32. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended.
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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. (Department of Planning Services)
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. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within
three (3) years from the date of approval, unless otherwise specified by the Board of County
Commissioners when issuing the original Permit, or the Permit shall be vacated. The Director of
Planning Services may grant an extension of time, for good cause shown, upon a written request by
the landowner.
38. 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.
39. 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
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.
40. 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, 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.
41. 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
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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, 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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December 8, 2023
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
DUTROW HANNAH
3050 67th Avenue
GREELEY, CO
Subject: USR23-0043 - A Site -Specific Development Plan and Use by Special Review Permit for for Oil
& Gas Support and Service including establishments principally engaged in serving the oil and gas
industry (fabricating, installing and maintaining containment liners for oil and gas operations) outside
of subdivisions and historic townsites in the A (Agricultural) Zone District
On parcel(s) of land described as:
LOT A REC EXEMPT RECX17-0186, being part of S1/2 NE1/4 of Section 32, Township 7 North, Range
64 West of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on January 16, 2024 at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on January 31, 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://accela-
aca.co.weld.co.us/CitizenAccess
Respectfully,
KimO
Planner
Hello