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LAND USE APPLICATION
SUMMARY SHEET
Diana Aungst
USR23-0014
Lazaro Lara
10409 County Road 20, Fort Lupton, CO 80621
Hearing Date: July 11, 2023
A Site Specific Development Plan and Use by Special Review Permit for Agricultural
Support and Service and Oil and Gas Support and Service (truck parking) outside of
subdivisions and historic townsites in the A (Agricultural) Zone District.
10409 County Road 20, Fort Lupton, CO 80621
Lot A of Recorded Exemption RE -4147; being a part of the S2SW4 of Section 14,
Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to CR 20 and approximately 0.5 miles west of CR 23
Size of Parcel: +1- 9.74 acres Parcel No. 1311-14-3-00-001
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:
Colorado Division of Water Resources, referral dated March 30, 2023
Weld County Oil and Gas Energy Department, referral dated April 5, 2023
Weld County Department of Public Health and Environment, referral dated April 10, 2023
Weld County Department of Planning Services — Code Compliance, referral dated March 31, 2023
Weld County Department of Planning Services — Development Review, referral dated March 29, 2023
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Town of Platteville, referral dated April 4, 2023
City of Fort Lupton, referral dated April 26, 2023
Town of Frederick, referral dated March 29, 2023
Town of Firestone, referral dated March 29, 2023
Weld County Sheriff's Office, referral dated April 4, 2023
Colorado Parks and Wildlife, referral dated March 30, 2023
Weld County School District RE -8, referral dated March 29, 2023
Colorado Department of Transportation (CDOT), referral dated June 1, 2023
The Department of Planning Services' staff has not received responses from the following agencies:
Building inspection
Fort Lupton Fire Department
Platte Valley Conservation District
Central Colorado Water Conservancy
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Case Summary:
The applicant is requesting a Site -Specific Development Plan and Use by Special Review Permit for truck
parking for both Agricultural Support & Service and Oil and Gas Support & Service. Per the definitions
section of the Weld County Code: "Oil and Gas Support & Service includes trucking companies principally
engaged in the hauling of drilling rigs, oil and gas, pipe for use in drilling, water, etc." and "Agricultural
Support & Service includes trucking companies principally engaged in the hauling of agricultural products."
Agricultural Support & Service requires a Zoning Permit for Certain Uses in the Agricultural District (ZPAG).
However, in this case, the ZPAG request is included in with this USR request per Department of Planning
Services policy and the request of the applicant.
The applicant lives on site. The parking area is located north of an outbuilding which screens the truck
parking area from County Road 20. There will be three (3) trucks: two (2) dump trucks and one (1) manure
spreader. The trucks haul manure, dirt for reclaimed oil and gas sites, topsoil when oil and gas removes
the soil, and rip rap for the entrance for the oil field. There will be no vehicle maintenance or washing on
the site.
All drivers live on the site and there are no external employees. The hours of operation are from 7:00 a.m.
- 5:00 p.m. Monday through Saturday and the truck parking will occur 24/7.
If this application is approved, all conditions of approval completed and the final (USR) map is recorded,
the Code Violation (ZCV21-00023) and associated court case (21-C-37029) will then be closed. If this
application is denied then all but one (1) Commercial Vehicle, as allowed as an Accessory Use in the
Agricultural Zone District, shall be removed from the property within thirty (30) days of the denial, otherwise,
the associated court case (21-C-37029) will progress accordingly. If this application is approved, all
Conditions of Approval shall be completed and a final map shall be prepared, submitted to and recorded
by the assigned Planner with the Department of Planning Services within 120 days of approval.
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 [Weld County
Comprehensive Plan] and any other applicable code provisions or ordinance in effect.
Section 22-2-30.A.1. states: "Land use changes should not inhibit agricultural production nor
operations."
The subject property has historically been used for residential purposes. The location of the
parking area and the existing buildings on the �10 acre parcel limit the amount of acreage that
can be devoted to agricultural uses, however, the business does support agriculture in the
County.
Section 22-2-60.B.3. states: "Require that energy and mineral resource development conserve
the land and minimize the impact on surrounding land and the existing surrounding land uses."
The proposed use benefits the oil and gas industry without eliminating any productive
agricultural land.
Section 22-2-30. C. states: "Harmonize development with surrounding land uses."
The parking is set back from County Road 20 and is screened by the outbuilding. The noise
and dust generated by the trucks will be minimal as there are only three (3) trucks.
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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."
Section 23-3-40.V. Uses by Special Review, of the Weld County Code allows for a "Oil and
Gas Support and Service" in Lots outside of a subdivision and historic townsite in the (A)
Agricultural Zone District.
Section 23-1-90. states that Oil and Gas Support & Service includes trucking companies
principally engaged in the hauling of drilling rigs, oil and gas, pipe for use in drilling, water, etc.
This code section allows the applicant to apply for the oil and gas truck parking.
Section 23-3-35.A. Agricultural Support & Service requires a Zoning Permit for Certain Uses in
the Agricultural District (ZPAG).
The ZPAG request is included with this USR request per Department of Planning Services
policy and the request of the applicant.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent unincorporated lands surrounding the site are zoned A (Agricultural). The
properties immediately to the east are used solely for agricultural purposes or owned by Public
Service of Colorado. The properties to the north, west, and south are large rural
residential/agriculture properties.
There are fifteen (15) USRs within one mile of the site. USR-710 for a 200 dog kennel; USR-
1184 for an equine breeding, boarding and training; USR-1408 and USR-812 for single-family
residences; USR12-0034 for a livestock confinement operation (8,000 head dairy); USR18-
0095 for a Class I composting facility; USR20-0028 for oil and gas support and service;
1 MUSR17-14-0015, SUP -316, and 1 MUSR17-13-0028 for compressor stations; USR13-0049
and MUSR14-0022 for 24 -inch natural gas pipelines; USR-1063 for a 24 -inch natural gas
pipeline; SUP -209 for a dairy; and SUP -62 for a no longer operating turkey farm.
The Weld County Department of Planning Services sent notice to eight (8) surrounding property
owners within five hundred (500) feet of the subject property. No correspondence was received
back from surrounding property owners regarding the proposed application. The application
materials did include a letter of support from a nearby neighbor.
The existing residence is served by an existing domestic well (permit 266150) and an on -site
wastewater treatment system (OWTS) permitted for three (3) bedrooms (SP -1100101). The
Division of Water Resources' (Division) referral dated March 30, 2023, stated that the water
well cannot be utilized for commercial purposes. The applicant has contacted the Division to
discuss the comments on the well and the Division provided an update via email stating that
the applicant has met the requirements of the Division. That is to say, that the water for dust
control must be transported from a source other than the on -site well.
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The proposed use is in an area that can support this development and 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 City of Fort
Lupton and the Towns of Firestone and Platteville. As part of the pre -application process the
municipalities were sent a Notice of Inquiry (NOI). The City of Fort Lupton submitted a Notice
of Inquiry dated April 13, 2022, stating that they are interested in annexation of the site. Per an
email dated July 26, 2022, from the City of Fort Lupton the property owner spoke with the City
and indicated that he is not interested in annexation at this time and wants to proceed with the
County process. The Town of Firestone submitted a Notice of Inquiry dated May 9, 2022,
stating that they do not wish to annex this site. The Town of Platteville did not submit a Notice
of Inquiry response.
The 2018 Fort Lupton Comprehensive Plan includes a Future Land Use Map which designates
this site as Agricultural and Rural Residential. The Agricultural land use is defined as cultivated
fields used for raising crops and livestock and other farming -related activities and Rural
Residential as large lot and clustered single-family residences with rural characteristics such
as stables, orchards, or plant nurseries.
The site is not located within the Urban Growth Boundaries for the Towns of Firestone or
Platteville.
The site is also located within the three (3) mile referral areas of the City of Fort Lupton and the
Towns of Firestone, Frederick, and Platteville. All municipalities submitted referral agency
comments dated stating that they have no comments. The City of Fort Lupton and the Town of
and Platteville submitted referral agency comments dated April 26, 2023 and April 4, 2023
respectively and the Towns of Frederick and Firestone submitted referral agency comments
both dated March 29, 2023.
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 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, 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 (0-3%) Valent sand and 51% of the site consists of low -slope (0-3%)
Vona loamy sand. Both soil types are 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.
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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. The applicant shall acknowledge the advisory referral comments of the Weld County Oil and
Gas Energy Department, as stated in the referral response dated April 5, 2023. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
B. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR23-0014 (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 map shall delineate the existing landscaping and/or screening. (Department of
Planning Services)
5. The map shall delineate the parking area for the trucks. (Department of Planning Services)
6. 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)
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. County Road 20 is a paved 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 existing permitted access onto CR 20, the approved access width and
the appropriate turning radii on the site plan. (Development Review)
10. 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
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gate to the edge of the traveled surface be less than 35 feet. (Development Review)
11. Show and label the site drainage flow arrows. (Development Review)
12. Show and label the approved tracking control on the site plan. (Development Review)
13. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (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 Permit 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 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
Lazaro Lara
USR23-0014
1. A Site Specific Development Plan and Use by Special Review Permit, USR23-0014, for Agricultural
Support and Service and Oil and Gas Support and Service (truck parking) 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 7:00 a.m. - 5:00 p.m. Monday through Saturday. Trucks will be parked on -
site 24 hours a day. (Department of Planning Services)
4. There are no employees. The drivers of the trucks are the owners of the business and family members,
as stated in the application materials. (Department of Planning Services)
5. The number of on -site commercial vehicles shall be no more than three (3), as stated in the application
materials. (Department of Planning Services)
6. No vehicle repair, washing, or service shall occur on site. (Department of Planning Services)
7. No derelict vehicles, as defined in Section 23-1-90 of the Weld County code, shall be stored on the site.
(Department of Planning Services)
8. The parking area on the site shall be maintained. (Department of Planning Services)
9. The existing landscaping/screening on the site shall be maintained. (Department of Planning Services)
10. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code, if applicable.
(Department of Planning Services)
11. The existing landscaping and screening on the site shall be maintained in accordance with the approved
Landscape and Screening Plan. Required landscaping and 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)
12. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where
such would cause a nuisance or interfere with the use on the adjacent properties in accordance with
the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to
operators of motor vehicles on public or private streets. No colored lights may be used which may be
confused with, or construed as, traffic control devices. (Department of Planning Services)
13. 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)
14. 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)
15. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Development Review)
16. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
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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. (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. (Department of Public Health and
Environment)
21. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25-12-103 C.R.S. (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. A permanent, adequate water supply shall be provided for drinking and sanitary purposes, if required
for business use. The well permitted as 266150 cannot be used for business use unless repermitted to
commercial. (Department of Public Health and Environment)
24. 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)
25. 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)
26. 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.
27. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended.
28. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
29. 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.
30. 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
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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.
31. 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.
32. 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.
33. This 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.
34. 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.
35. 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.
36. 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
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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, G.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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May 23, 2023
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: daungst@co.weld.co.us
Phone: (970) 400-3524
Fax: (970) 304-6498
LARA LAZARO
10409 COUNTY ROAD 20
FORT [UPTON, CO 80621
Subject: USR23-0014 - A Site Specific Development Plan and Use by Special Review Permit for
agricultural support and service and oil and gas support and service (truck parking) outside of
subdivisions and historic townsites in the A (Agricultural) Zoned District.
On parcel(s) of land described as:
LOT A REC EXEMPT RE -4147; PART 525W4 SECTION 14, T2N, R67W of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on July 11, 2023 at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on August 9, 2023 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,
VAAJKs29.,,
Diana Aungst
Planner
Hello