HomeMy WebLinkAbout20230116.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Chris Gathman Hearing Date: January 11, 2023
Case Number: ZPAG22-0009
Applicant: DPR Greeley, LLC - c/o Dane Roche and Hugo Corral
2030 35th Avenue, Greeley, CO 80634
Request: Zoning Permit, ZPAG22-0009, forcertain uses (Contractor's Shop) in subdivisions and
historic townsites in the A (Agricultural) Zone District
Legal Lot 4, Being part of NW4NW4 of Section 15, T5N, R65W of the 6th P.M., VVeld
Description: County, CO, according to the Subdivision of Lands by the Union Colony of Colorado
Location: East of and adjacent to Cherry Avenue; approximately 630 -feet south of East 20th
Street.
Size of Parcel: +/- 4.5 acres
Parcel No. 0961-15-2-00-015
The criteria for review of this Special Review Permit are listed in Section 23-4-1200 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 Public Health and Environment, referral dated July 25, 2022
➢ Weld County Department of Planning Services — Development Review, referral dated July 21, 2022
➢ City of Greeley, referral dated July 27, 2022
➢ City of Greeley VVater & Sewer, referral dated August 10, 2022
➢ Colorado Division of VVater Resources, referral dated August 1, 2022
➢ Weld County Department of Planning Services — Code Compliance, referral dated July 13, 2022
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ City of Greeley Fire Department, referral dated July 12, 2022
➢ City of Evans, referral dated July 12, 2022
➢ Weld County Sheriff's Office, referral dated July 18, 2022
➢ Town of Garden City, referral dated July 19, 2022
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Colorado Department of Transportation
➢ Colorado Parks and Wildlife
➢ Town of Kersey
➢ Weld School District RE -6
➢ Greeley -Weld County Airport Authority
ZPAG22-0009 — DPR Greeley, LLC
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Case Summary:
This Zoning Permit (ZPAG) was submitted in response to a land use violation and a building code violation,
ZCV21-00355 and BCV21-00063, forthe operation of an existing commercial use outside of the boundaries
of the existing C-1 (Neighborhood Commercial) Zone District and work being completed on existing
buildings without building permits. The applicant submitted a Change of Zone application (COZ22-0007) to
rezone the property from R-1 (Low -Density Residential) to A (Agricultural) in conjunction with this
application. The change of zone (COZ22-0007) was conditionally approved by the Board of County
Commissioners on November 9, 2022.
The applicant is a general contractor who proposes to utilize the existing outbuilding on this property for
storage of equipment: tools associated with landscape installation and maintenance, mowers, snow
removal, and materials for assembly and fabrication of gutters, downspouts for example. The existing
mobile home on the property will be utilized as an office.
The applicant is proposing to utilize the northeastern portion of the lot for outdoor parking of fleet vehicles
(F-350 trucks with snowplows). The applicant indicated up to nine (9) trucks would be parked outside at
any one (1) time.
The applicant, DPR Greeley, is currently operating a property maintenance operation on -site that includes
parking and staging of equipment (snowplows and property maintenance equipment). If this Zoning Permit
is denied, the business and equipment will need to be removed within 30 -days or the violation process will
proceed.
DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED:
1. The submitted materials are in compliance with the ZPAG application requirements of Section 23-
4-1220 of the Weld County Code.
2. The proposed request is in compliance with the ZPAG criteria requirements of Section 23-4-1200
of the Weld County Code. Pertinent processing information includes:
A. Section 23-4-1200.A.1 — The subject property is a Legal Lot.
The subject Zoning Permit will be located on a legal lot known as Lot 4 of the Subdivision of
Lands by the Union Colony of Colorado.
B. Section 23-4-1200.A.2 — The application complies or will comply with the design standards
in Section 23-4-1205 and the conditions in Section 23-4-1240.
Section 23-4-1205.A -- Adequate water service in terms of quality, quantity, and
dependability is available to the site to serve the uses permitted.
The property has an existing City of Greeley water tap for2120 Cherry Avenue. The City of
Greeley has indicated that the existing tap can be used for commercial purposes. Also, there
is a commercial well was approved under by the Division of Water Resources under permit
# 3-24292-F. The Division of Water Resources, in their referral response dated August 1,
2022, stated that this well would be required to be included in a plan for augmentation prior
to being operated for their decreed and permitted uses and be the well must in compliance
with South Platte Measurement Rules before it can be operated.
Section 23-4-1205.8. -- Adequate sewer service is available to the site to serve the uses
permitted.
There are two existing septic systems on the property. G-19760269 is used for the house
and the G-19800170 is for up to four (4) employees and associated with the previously
permitted retail business.
Section 23-4-1205. C. -- If soil conditions on the site are such that they present moderate or
severe limitations to the construction of structures or facilities proposed for the site, the
applicant has demonstrated how such limitations can and will be mitigated.
ZPAG22-0009 — DPR Greeley, LLC
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The property is not within the boundaries of a soil conservation district. No new structures or
buildings are proposed under this zoning permit.
Section 23-4-1205.D. — Adequate fire protection measures are available on the site for the
structures and facilities permitted.
City of Greeley Fire Department stated that they had no conflicts with their interests in their
referral dated July 12, 2022.
Section 23-4-1205. E. -- Uses shall comply with the storm water drainage criteria requirements
set forth in this Code.
The applicant has submitted a preliminary drainage narrative and according to the
Development Review referral agency comments dated July 21, 2022, a final drainage
narrative that addresses MS4 requirements shall be submitted.
Section 23-4-1205. F. -- All parking and vehicle storage shall be provided on the site. Parking
and loading areas shall be designed and constructed in accordance with Division 1 of Article
IV of this Chapter.
There is adequate parking for the uses proposed on this site.
Section 23-4-1205. G. -- Uses shall comply with all the bulk requirements of Section 23-3-70.
Existing buildings and uses meet the bulk requirements of Section 23-3-70.
Section 23-4-1205.H. — The access shall be located and designed to be safe. Ingress and
egress shall not present a safety hazard to the traveling public or to the vehicle accessing
the property. For USES generating high traffic volumes and large number of large, slow -
accelerating vehicles, acceleration and deceleration lanes may be required to mitigate a
potential traffic hazard.
Development Review, in their referral dated July 21, 2022, stated the following:
The parcel has an existing permitted access onto Cherry Avenue (AP22-00209
Residential). No other access is requested. The applicant shall revise the access
application to include the new usage type (i.e. Commercial).
The traffic information submitted with the application materials indicates that there will be
5 passenger vehicle roundtrips per day and 4 pick-up trucks with trailers roundtrips per
week. 90% of the traffic will be traveling to the south on Cherry Avenue and the
remaining traveling to the north on Cherry Avenue.
Section 23-4-1205.1. — New accesses to Public Rights -or -way shall be constructed in
accordance with this Code.
According to the Development Review referral agency comments dated July 21, 2022, the
parcel has an existing residential access permit onto Cherry Avenue (AP22-00209). The
applicant shall revise the access applicationto include the new usage type (i.e. Commercial).
Based on the limited traffic, tracking control is not required at this time.
Section 23-4-1205.J. -- Buffering or screening of the proposed use from adjacent properties
may be required in order to make the determination that the proposed use is compatible with
the surrounding uses. Buffering or screening may be accomplished through a combination
of berming, landscaping, and fencing.
The applicant proposing to install existing screening on the existing chain -link fence and to
add evergreen trees along Cherry Avenue. Additionally, the proposed vehicle/equipment
parking area is located to the east of the existing metal garage building to further screen from
Cherry Avenue. Mature trees are located on the eastern boundary of the property. An
ZPAG22-0009 — DPR Greeley, LLC
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approved landscape and screening plan is required as a Condition of Approval and will need
to be submitted for review and approval by the Department of Planning Services as a
Condition of Approval.
Section 23-4-1205.K. -- Uses shall be located on the least prime soils on the Lot unless the
applicant can demonstrate why such a location would be impractical or infeasible.
The site is covered by existing buildings and improvements and no new buildings are
proposed.
Section 23-4-1205. L. -- The placement of signs on the site shall comply with the requirements
of Article IV, Division 2 and Appendices 23-C, 23-D, and 23-E of this Chapter.
All signs are required to comply with the Weld County Code.
Section 23-4-1205.M. -- Trash collection areas or facilities shall be screened from public
rights -of -way and adjacent properties. These areas shall be designed and used in a manner
that will prevent wind- or animal -scattered trash.
The application states that oil and waste grease from automobiles will be placed in leak proof
drums and will be disposed of by an appropriate waste removal company. A dumpster will
be on site for normal business waste and will be emptied weekly. The location of the
dumpster and tanks, if stored outside, shall be screened and delineated on the ZPAG map.
This requirement has been added as a Condition of Approval.
C. Section 23-4-1200.A.3 — The proposed use is compatible with applicable provisions of
Chapter 22 of this Code.
Section 22-2-10.B. — 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 applicant is proposing to utilize the property for parking, staging and maintenance of
vehicles associated with a property maintenance company. Vehicle maintenance will be
conducted in the building.
Section 22-2-30.A.1 — Land use changes should not inhibit agricultural production nor
operations.
No agricultural production is occurring on the property. The property is 4.5 acres in size and
the existing single-family residence was constructed in 1900. There are also some
outbuildings and an office trailer on the site.
Section 22-2-30. C.4 — Require access easements and privately maintained rights -of -way to
have recorded maintenance agreements to ensure adequate access.
This property accesses onto an existing paved, county -maintained local road (Cherry
Avenue).
D. Section 23-4-1200.A.4 — The proposed use is compatible with the character of the
neighborhood.
Single family residences with livestock and limited agricultural are located to the north and
west. An oil and gas production facility (USR16-0009) and larger agricultural parcels are
located to the south. Bella Romero Academy 4-8 Campus is located to the east and is
screened from the site by existing mature trees.
Vehicle parking and staging areas and any outside storage shall be screened from adjacent
properties. This requirement is included in the Conditions of Approval of this ZPAG. Traffic
associated with the use will be limited. The application states that the traffic associated with
ZPAG22-0009 — DPR Greeley, LLC
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the use will be five (5) passenger vehicle roundtrips per day and four (4) vehicle round trips
per week for pick-up trucks with trailers. Maintenance of vehicles and equipment and flooring
associated with the property maintenance business will be located within an existing building.
Any parking and staging of vehicles will be required to be screened from adjacent properties.
E. Section 23-4-1200.A.5 — The proposed use is compatible with the general health, safety and
welfare of the inhabitants of the area and the County.
One (1) e-mail of concern from a surrounding property owner was received. The concerns
outlined in the e-mail include: an increase in traffic, some trucks exceeding the speed limit
which creates a dangerous situation for young children walking along Cherry Avenue
because there are no sidewalks, and the installation of opaque fencing that will block views
to the east. Staff also received a phone call from another neighbor stating that she wanted
to make sure that the applicant operated in a way that did not create impacts on the
neighbors. She had some concerns that the use as it is currently operating is a little invasive.
Conditions of approval and Development Standards are attached that limit hours of
operation, number of employees, number of commercial vehicles allowed. Only areas where
vehicles are parked and staged are required to be screened.
Traffic associated with this use is projected to be limited. The application materials indicate
that five (5) passenger vehicles roundtrips per day and four (4) pick-up trucks with trailers
roundtrips per week with 90% of the traffic projected to be travel ling south on Cherry Avenue.
Notice of this hearing was sent to eleven (11) surrounding property owners within 500 -feet
of the proposed ZPAG boundary and a notice sign was posted on the property at least ten
(10) days prior to this hearing.
F. Section 23-4-1200.A.6 -- The application complies with any requirements the Director of
Planning Services deems necessary in order to mitigate adverse effects of the use on the
neighborhood.
G. Conditions of approval and development standards are attached that mitigate the adverse
effects of the use on the neighborhood. Development standards limiting number of
employees, limits on hours of operation, limits on number of employees are attached.
Additionally, screening foroutside parking and staging is required and a condition of approval
is attached requiring a landscaping and screening plan to be submitted for review and
approval by the Department of Planning Services. Section 23-4-1200.A.7 -- The proposed
use has adequate access and street/road or highway facilities providing access to the
property are adequate in size to meet the requirements of the proposed use.
The property access onto an existing paved, local road (Cherry Avenue).
H. Section 23-41200.A.8 — In those instances where the following characteristics are applicable
to the request, the applicant has demonstrated compliance with the applicable standards:
The property is not located within a floodplain, geological hazard, Agricultural Heritage or I-
25 Overlay District. The site is located within the boundaries of the A -P (Airport) Overlay
District. No referral comments were received from the Greeley -Weld Airport Authority
regarding this application.
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.
Should the Board of County Commissioners choose to recommend approval, staff recommends that the
case be conditional upon the following:
1. Prior to recording the map:
A. A Final Drainage Narrative that addresses Municipal Separate Storm Sewer System (MS4)
requirements is required. (Development Review)
ZPAG22-0009 — DPR Greeley, LLC
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B. The COZ22-0007 map shall be completed and recorded. (Department of Planning Services)
C. The applicant shall submit a revised landscape and screening plan.
1. The applicant shall submit an irrigation and maintenance plan for proposed landscaping.
2. The applicant is proposing to install slats along the existing fences for screening. The
details of the proposed slats shall be submitted for review and approval by the Department
of Planning Services. The slats shall be interlocking (to not allow gaps between slats). The
ZPAG map shall clearly indicate that the fenced area to the north of the proposed
employee/equipment parking area shall be screened. (Department of Planning Services)
D. The appropriate building permits shall be applied forthe shop building. Evidence that building
permits have been applied for shall be submitted to the Department of Planning Services.
(Department of Planning Services)
E. The Zoning Permit Plan shall be amended to delineate the following:
1. All sheets of the plan shall be labeled: ZPAG22-0009 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. Show and label existing structures and approximate distances to the nearest property
lines. (Department of Planning Services)
4. Show and label the location of the screened dumpster and/or trash enclosure. This area
shall be designed in a manner that will prevent wind or animal -scattered trash.
(Department of Planning Services)
5. Show and label existing landscaping, screening and fencing. (Department of Planning
Services)
6. The Zoning Permit Plan shall bear the certifications per Section 23-4-1220.C.7 of the
Weld County Code. (Department of Planning Services)
7. Cherry Avenue is a paved road and is designated on the VVeld 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 rig ht -of -
way. This road is maintained by VVeld County. (Development Review)
8. Show and label the approved access location, approved access width and the
appropriate turning radii on the site plan. The applicant must obtain an updated access
permit in the approved location prior to operation. (Development Review)
9. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Development Review)
10. The applicant shall submit one (1) electronic copy (.pdf) of the plan for preliminary
approval to the VVeld County Department of Planning Services. Upon approval of the
plan the applicant shall submit a Mylar plan along with all other documentation required
as Conditions of Approval. The Mylar plan shall be recorded in the office of the Weld
County Clerk and Recorder by the Department of Planning Services prior to
commencement of the use or construction. The applicant shall pay the recording fee.
4. If the required documents have not been recorded within ninety (90) days from the date of approval
or if an applicant is unwilling or unable to meet any of the conditions within ninety (90) days of
approval, the Director of Planning Services may refer the application to the Board of County
Commissioners, which may revoke the zoning permit following a public hearing. The applicant shall
ZPAG22-0009 — DPR Greeley, LLC
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be notified of the public hearing at least ten (10) days prior to the hearing. Prior to said hearing, the
Director of Planning Services may grant a one-time extension of up to ninety (90) days, for good
cause shown, upon a written request by the applicant. Before this extension has expired, the
applicant may seek a further extension fromthe Board of County Commissioners by written request
to the Director of Planning. If the Board of County Commissioners denies the extension or if the
conditions are not met and the required documents recorded by the date specified by the Board,
the zoning permit approval shall be voided, and the application denied.
5. The Zoning Permit for certain uses in the A (Agricultural) Zone District 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 Zoning Permit 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.
ZPAG22-0009 — DPR Greeley, LLC
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ZONING PERMIT FOR CERTAIN USES IN THE A (AGRICULTURAL) ZONE DISTRICT
DEVELOPMENT STANDARDS
DPR Greeley, LLC
ZPAG22-0009
1. Zoning Permit, ZPAG22-0009, for certain uses in the A (Agricultural) Zone District, for certain uses
(Contractor's Shop) in subdivisions and historic townsites in the A (Agricultural) Zone District, subject
to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the VVeld County Code.
3. This property is located within a Disproportionately Impacted Community Boundary as defined in
Section 24-4-190 of the Colorado Revised Statutes.
4. A maximum of three (3) employees will be on -site at any onetime as stated in the application materials.
5. General hours of operation are 5:30 am to 4:30 pm Monday thru Friday. Hours of operation can vary
during the winter months for snowplowing related activities as stated in the application materials.
6. The number of commercial vehicles shall be no more than nine (9).
7. The parking area on the site shall be maintained.
8. The existing and proposed landscaping and screening on the site shall be maintained.
9. All signs shall adhere to Chapter 23, Article IV, Division 2 of the VVeld County Code.
10. 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.
11. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking.
12. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
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.
14. Weld County will not replace overlapping easements located within existing right-of-way or pay to
relocate existing utilities within the existing County right-of-way.
15. This site is located in the MS4 area and is subject to the regulations of the state -issued MS4 Permit.
16. The historical flow patterns and runoff amounts on the site will be maintained.
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.
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.
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 VVeld County Code.
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.
ZPAG22-0009 — DPR Greeley, LLC
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21. Adequate drinking, hand washing, and toilet facilities shall be provided for employees, at all times. A
permanent, adequate water supply shall be provided for drinking and sanitary purposes, as required .
22. Existing onsite wells cannot be utilized until approved by the Colorado Division of Water of Resources.
23. 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.
24. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25-12-103 C.R.S.
25. The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code.
26. 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.
27. Building permits may be required, for any new construction or set up manufactured structure, per
Section 29-3-10 of the Weld County Code. A building permit application must be completed and
submitted. 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 VVeld County Code. A plan review shall be approved, and a permit must be issued
prior to the start of construction.
28. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the VVeld County Code.
29. Necessary personnel from the VVeld 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 Zoning Permit area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Changes from the plans or Development
Standards, as shown or stated, require the written approval of an amendment of the Permit by the Weld
County Planning Services Department before such changes from the plans or Development Standards
are permitted. A revised map may be required to be submitted, approved, and recorded.
31. The property owner or operatorshall be responsible forcomplying 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. The property owner, operator or successor shall be responsible for acknowledging and complying with
Section 23-4-1240 of the Weld County Code.
33. Section 23-4-1240.E of the Weld County Code states: "Construction or use pursuant to issuance of a
zoning permit shall be commenced within three (3) years from the date of approval of the permit. A
one-time extension of one hundred twenty (120) days may be granted by the Department of Planning
Services for good cause shown by written request. Before this extension has expired, the applicant
may seek a further extension from the Board of County Commissioners by written request to the
Director of Planning Services. If the Board of County Commissioners denies the extension or if
construction has not commenced by the date specified by the Board, the zoning permit approval shall
be voided, and the application denied."
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34. Section 23-4-1240.F of the Weld County Code states: "Any zoning permit may be revoked by the Board
of County Commissioners for violation of any of the terms of this Division 17 or conditions of approval
of the zoning permit following a Probable Cause Hearing as outlined in Section 2-4-40 of this Code. If
the zoning permit is revoked, the property owner shall cease operation of the use immediately.
Continued operation of the use after a zoning permit has been revoked shall be a violation of this Code."
35. Section 23-4-1240.G of the Weld County Code states: "The Director of Planning Services may revoke
a zoning permit if the use is discontinued for a period of three (3) consecutive years. Should the
Department of Planning Services observe or receive credible evidence of such a discontinuance, the
Department shall notify the property owner by first-class mail. If the property owner objects to the
revocation of the zoning permit within thirty (30) days, the Director of Planning Services may schedule
a public hearing before the Board of County Commissioners for its review and decision. The applicant
shall be notified of the public hearing at least ten (10) days prior to the hearing."
36. Section 23-4-1240.H of the Weld County Code states: "The Department of Planning Services may
permit minor amendments to an approved zoning permit without a complete application for a new
zoning permit, notification to surrounding property owners, or referral to agencies. The applicant shall
provide a written summary of the proposed amendment(s) and any other documentation required by
the Department of Planning Services. An increase of ten (10) percent or more in impervious surface
area or an increase of ten (10) percent or more in traffic shall not be considered a minor amendment.
If the Director of Planning Services determines the proposed amendment does not qualify as a minor
amendment, the proposed amendment shall require a new zoning permit."
37. Section 23-4-1240.1. of the Weld County Code states: "Any use listed in Article III of this Chapter as
requiring issuance of a zoning permit under this Division 17, but which was in lawful existence at the
time of adoption of this Division 17, may continue without obtaining a zoning permit so long as the use
is not discontinued fora period of three (3) consecutive years. The Department of Planning Services
may permit minor amendments to such use in accordance with the preceding subsection. A minor
amendment to an existing approved Use by Special Review fora use that now requires a zoning permit
under this Division 17 shall be processed in accordance with Section 23-2-285 of this Chapter. If the
Director of Planning Services determines the proposed amendment does not qualify as a minor
amendment, the proposed amendment shall require a zoning permit. If approved, vacation of the Use
by Special Review may be a condition of approval of the zoning permit."
38. 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 pop ulous 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.
39. 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 VVeld 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.
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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 hund red (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave
their jobs and families to respond to emergencies. County gravel roads, no matter how often they are
bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood.
ZPAG22-0009 — DPR Greeley, LLC
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