HomeMy WebLinkAbout20232313.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: C. Gathman
Case Number: 2MJUSR23-11-0027
Owner/Applicant: Terry Miller - M&M Excavation Co.
25290 County Road 58, Greeley, CO 80631
Representative: Eric Wernsman — Wernsman Engineering and Land Development, LLC
PO Box 105, LaSalle, CO 80651
Site Address: 25490 County Road 58, Greeley, CO 80631
Request:
Legal
Description: 6th P.M., Weld County, Colorado
Hearing Date: August 1, 2023
A Site Specific Development Plan and 2nd Amended Use by Special Review Permit No.
USR11-0027 — (an office/repairshop with outdoorvehicle/equipment storage and vehicle
staging area associated with an excavation business) to construct a new building for
additional storage space of equipment and ortrucks being repaired or waiting for repair
parts along with an additional outdoor storage area outside of subdivisions and historic
townsites in the A (Agricultural) Zone District
Lot A and Lot B of RE -4762; Being part of the E2NW4 of Section 17, T5N, R64W, of the
Location: South of and adjacent to County Road 58; and approximately 0.25 miles east of County
Road 51
Size of Parcel: ± 78.14 acres
Parcel Nos. 0963-17-2-00-001
0963-17-2-00-002
The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
➢ Weld County Department of Public Health and Environment, referral dated May 18, 2023
➢ Weld County Department of Planning Services — Development Review, referral dated May 9, 2023
➢ Colorado Department of Transportation, referral received June 22, 2023
➢ Weld County Oil & Gas Energy Department, referral received May 10, 2023
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ West Greeley Conservation District, referral dated June 12, 2023
➢ Central Weld County Water District, referral dated May 26, 2023
➢ Weld School District RE -7, referral dated May 8, 2023
➢ Weld County Sheriff's Office, referral dated May 8, 2023
➢ Weld County Department of Planning Services — Code Compliance, referral dated May 5, 2023
2MJUSR23-11-0027 — M&M Excavation
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The Department of Planning Services' staff has not received responses from the following agencies:
➢ Town of Keenesburg
➢ Town of Kersey
➢ Platte Valley Fire Protection District
➢ City of Greeley
Case Summary:
A Site -Specific Development Plan and Use by Special Review Permit USR11-0027 foran office/repairshop
with outdoor vehicle/equipment storage and vehicle staging area associated with an excavation business
was approved by the Board of County Commissioners on March 21, 2012, and was recorded August 8,
2012, under reception # 3864951. The applicant at that time (and the applicant under this major
amendment) is M&M Excavation. M&M Excavation does excavation and reclamation associated with the
oil and gas industry as well as excavation in support of the civil, environmental and agricultural industries.
USR11-0027 was later revised under a minor amendment under 1MUSR22-11-0027 fora 2,500 square
foot building addition for additional storage of mechanical equipment. 1MUSR22-11-0027 was recorded
November 8, 2022, under reception # 4866063. .
The applicants are now proposing to amend the existing USR to install an 80 -foot x 75 -foot building to be
utilized for additional storage space of equipment and or trucks that are being prepared or waiting on parts
to complete repairs. Additionally, the applicant is proposing some additional outdoorstorage of construction
vehicles and equipment. The application indicates that there will be up to twelve (12) tractor trailers, two (2)
scrapers, two (2) loaders, four(4) bulldozers, two (2) motor graders, two (2) excavators, two (2) backhoes,
six (6) flatbed semi -trailers and six (6) trailers that are pulled behind pickups. This equipment will be stored
either outside or inside. A new retention pond is associated with this amendment that will cover a portion
of Lot A of Recorded Exemption RE -4762. The application indicates up to ten (10) employees that will be
on -site during business hours (M&M performs repairs on its equipment and trucking fleet) and up to thirty
(30) employees may visit the site during the day to pick up equipment and then leave. Hours of operation
are 6:00 AM to 7:00 PM Monday -Friday and 6:00 AM to 12:00 PM on Saturdays. The facility will continue
to be served by Central VVeld County Water District and a proposed new septic system (in addition to the
existing septic permitted under SP -1200132). The applicant indicates a new screening fence will be
installed along the north of the storage yard area.
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.2. Limit the density and intensity of development to maintain agricultural
areas.
The proposed amendment will remove approximately two (2) acres of irrigated farm ground on
the main parcel (Lot B). Most of the site (approximately 65 acres) is irrigated cropland and will
continue to be in production. The storage yard and the buildings are located on the northeast
corner of the site and encompass about eight (8) acres.
Section 22-2-30. C. Harmonize development with surrounding land uses.
2MJUSR23-11-0027 — M&M Excavation
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Outdoor storage and staging of vehicles and equipment associated with this amendment will
be required to be screened. Weld County is requiring that the existing Improvements and Road
Maintenance Agreement be reviewed and revised to address additional traffic associated with
this proposed major amendment.
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."
M&M Excavation provides excavation services forthe oil and gas industry (site preparation,
drill pad builds and site reclamation). M&M excavation also supports agricultural industries
along with civil and environmental operations.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
There is an existing single-family residence and outbuildings on a parcel to the north of the site
(across from County Road 58), a single-family residence is located approximately 1,000 -feet
to the west, agricultural buildings are located to the east, agricultural land (cropland) is located
to the east and to the south. Use by Special Review Permits (USRs) within one (1) mile of this
site include: USR-1325 (USR fortwo residences), USR-517 (AG Chemical Supply Business),
MUSR15-0020 (Gravel Mining), 1MUSR18-12-0001 (Fire Station/Training Facility), 1MUSR20-
16-0045 (Storage of construction and oilfield equipment), USR18-0056 (greater than 12 -inch
high pressure natural gas line) and USR18-0077 (36 -inch crude pipeline).
The proposed use is in an area that can support this development and the existing and
proposed screening, the Development Standards, and the Conditions of Approval will assist in
mitigating the impacts of the facility on the adjacent properties and ensure compatibility with
surrounding land uses and the region.
No phone calls and/or correspondence have been received from surrounding property owners
regarding this application.
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 property is located within the Cooperative Planning Agreement boundary for
Keenesburg/VVeld County. In an e-mail dated January 31, 2023, the Town of Kersey responded
that they wanted to annex the property. The applicant provided a written response indicated
that they met with the Town of Kersey on February 7, 2023, and that the property owner does
not wish to annex into Kersey at this time. Town of Kersey did not provide a referral response
in response to this application.
It is also within 3 miles of Greeley.
The Town of Kersey Comprehensive Plan Future Land Use Map delineates the parcel as
"Undetermined Use".
2MJUSR23-11-0027 — M&M Excavation
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E. Section 23-2-220.A.5 — The application complies with Chapter 23, Articles V and XI, of the
VVeld 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 Program. Building Permits issued on the proposed lot will be required
to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs.
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 identifies the area to be
developed as Altvan loam, 0 to 1 percent slopes. This is identified as "not prime farmland". No
Prime Farmland will be removed from production.
F. 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, VVeld 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 existing Improvements and Road Maintenance Agreement (Rec. No. 3858544) shall be
reviewed and revised. (Development Review)
B. A Final Drainage Report with Variance Request and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado shall be submitted.
(Development Review)
C. The applicant shall acknowledge the comments of the Colorado Division of Water Resources,
as stated in the referral response dated May 8, 2023. VVritten evidence of such shall be
submitted to the Weld County Department of Planning Services. (Department of Planning
Services)
D. The applicant shall acknowledge the comments of the VVeld County Oil & Gas Energy
Department (OGED), as stated in the referral response dated May 10, 2023. VVritten evidence
of such shall be submitted to the Weld County Department of Planning Services. (Department
of Planning Services)
2MJUSR23-11-0027 — M&M Excavation
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E. A Lighting Plan (if additional lighting is proposed) shall be submitted to and approved by the
Department of Planning Services. (Department of Planning Services)
F. A Screening Plan shall be submitted to and approved by the Department of Planning Services
that screens the proposed outdoor storage and staging areas from the Surrounding Property
Owners and rights -of -way. The type of screening fence shall be identified. (Department of
Planning Services)
G. The proposed drainage pond is to be located on Lot A of RE -4762 whereas the remainder of
the existing operations and proposed operations on this amended USR are located on Lot B of
RE -4762. Therefore, an access and maintenance easement/agreement addressing the access
and maintenance of the drainage pond. (Department of Planning Services)
H. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled 2MJUSR23-11-0027 (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 VVeld County Code addresses the issue of trash collection areas. (Department of
Planning Services)
5. The map shall delineate the screening in accordance with the approved Screening Plan.
(Department of Planning Services)
6.The map shall delineate the existing landscaping (including landscaping delineated on the
recorded 1MUSR22-11-0027 map). (Department of Planning Services)
7. The map shall delineate the onsite lighting in accordance with the approved Lighting Plan.
(Department of Planning Services)
8. 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)
9. The map shall delineate the parking area forthe vendors, customers and/or employees.
(Department of Planning Services)
10. County Road 58 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full buildout.
The applicant shall delineate and label on the site map 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)
11. Show and label the approved access location, approved access width and the appropriate
turning radii on the site plan. (Development Review)
12. Show and label the approved tracking control on the site plan. (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)
2MJUSR23-11-0027 — M&M Excavation
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14. Show and label the accepted drainage features. The stormwater retention pond should be
labeled as "Stormwater Retention, No -Build or Storage Area" and shall include the
calculated volume. (Development Review)
15. 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 is not perfected until the Conditions of Approval are completed and the
map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on
the property, until the Use by Special Review map is ready to be recorded in the office of the Weld
County Clerk and Recorder or the applicant has been approved for an early release agreement.
(Department of Planning Services)
2MJUSR23-11-0027 — M&M Excavation
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
M&M Excavation
2MJUSR23-11-0027
1. A Site Specific Development Plan and 2nd Amendment, No. 2MJUSR23-11-0027, to Use by
Special Review Permit No. USR11-0027, A Site -Specific Development Plan and 2nd Amended Use
by Special Review Permit No. USR11-0027 (an office/repair shop with outdoorvehicle/equipment
storage and vehicle staging area associated with an excavation business) to construct a new
building for additional storage space of equipment and or trucks being repaired or waiting for repair
parts along with an additional outdoor storage area outside of subdivisions and historic townsites
in the 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. - 7:00 p.m. Mondays — Fridays and 6:00 AM to 12:00 PM
Saturdays. (Department of Planning Services)
4. The number of on -site employees shall be up to 10 as stated in the application materials.
(Department of Planning Services)
5. The parking area on the site shall be maintained. (Department of Planning Services)
6. All signs shall adhere to Chapter 23, Article IV, and Division 2 of the VVeld County Code.
(Department of Planning Services)
7. The existing and proposed landscaping and screening on the site shall be maintained in
accordance with the approved 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. (Department of Planning Services)
8. 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)
9. The Property Owner shall maintain compliance with the Decommission Plan. (Department of
Planning Services)
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. (Development Review)
11. 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)
12. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Development Review)
13. Any work that may occupy and or encroach upon any County rights -of -way or easement shall
acquire an approved Right -of -Way Use Permit prior to commencement. (Development Review)
14. The Property Owner shall comply with all requirements provided in the executed Improvements
and Road Maintenance Agreement. (Development Review)
15. The Improvements and Road Maintenance Agreement forthis site may be reviewed on an annual
basis, including a site visit and possible updates. (Development Review
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16. The historical flow patterns and runoff amounts on the site will be maintained. (Development
Review)
17. Weld County is not responsible for the maintenance of onsite drainage related features.
(Development Review)
18. 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. (Public Health and Environment)
19. 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. (Public Health and Environment)
20. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The
applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code, and the
accepted waste handling plan. (Public Health and Environment)
21. Fugitive dust should attempt to be confined on the property. Uses on the property should comply
with the Colorado Air Quality Commission's air quality regulations and the accepted dust abatement
plan. (Public Health and Environment)
22. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone
as delineated in 25-12-103 C.R.S. (Public Health and Environment)
23. Sewage disposal for the facility shall be by On -site Wastewater Treatment system (OVVTS), as
applicable. Any OVVTS located on the property must comply with all provisions of the Weld County
Code, pertaining to On -site Wastewater Treatment Systems. (Public Health and Environment)
24. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons
of the facility, at all times. (Public Health and Environment)
25. A permanent, adequate water supply shall be provided for drinking and sanitary purposes, as
applicable. The facility shall utilize the existing public water supply (Central Weld County Water
District). (Public Health and Environment)
26. Any vehicle washing area shall capture all effluent and prevent discharges in accordance with the
Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection
Agency. (Public Health and Environment)
27. The applicant shall comply with all provisions of the State Underground and Above Ground Storage
Tank Regulations. (Public Health and Environment)
28. All chemicals must be handled in a safe manner in accordance with product labeling and in a
manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic
compounds (VOC's). All chemicals must be stored secure, on an impervious surface, and in
accordance with manufacturer's recommendations. (Public Health and Environment)
29. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled
off for proper disposal. Records of installation, maintenance, and proper disposal shall be retained.
(Public Health and Environment)
30. The Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times.
(Public Health and Environment)
31. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health & Environment, Water Quality Control Division. (Public Health and
Environment)
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32. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Public Health and Environment)
33. Lighting shall be maintained in accordance with the approved Lighting Plan (Department of
Planning Services)
34. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties.
Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in
accordance with the map. Neither the direct, nor reflected, light from any light source may create a
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)
35. 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 VVeld County: 2018 International Building
Codes, 2018 International Energy Code, 2020 National Electrical Code, and Chapter 29 of the VVeld
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)
36. 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.
37. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the VVeld County Code. (Department of Planning Services)
38. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as
amended.
39. 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.
(Department of Planning Services)
40. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable VVeld County regulations. Substantial changes from the
plans or Development Standards, as shown or stated, shall require the approval of an amendment
of the Permit by the Weld County Board of County Commissioners before such changes from the
plans or Development Standards are permitted. Any other changes shall be filed in the office of
the Department of Planning Services. (Department of Planning Services)
41. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may
be reason for revocation of the Permit by the Board of County Commissioners. (Department of
Planning Services)
42. 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.
43. A Use by Special Review shall terminate when the USE is discontinued fora period of three (3)
consecutive years, the USE of the land changes or the time period established by the Board of
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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.
44. 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.
45. 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.
46. 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.
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; odorfrom
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.
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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.
2MJUSR23-11-0027 — M&M Excavation
Page 11 of 11
June 23, 2023
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: cgathman@weld.gov
Phone: (970) 400-3537
Fax: (970) 304-6498
WERNSMAN ERIC
PO Box 105
Lasalle, CO 80645
Subject: 2MJUSR23-11-0027 - A Site -Specific Development Plan and 2nd Amended Use by Special
Review Permit No. USR11-0027 (an office/repair shop with outdoor vehicle/equipment storage and
vehicle staging area associated with an excavation business) to construct a new building for additional
storage space of equipment and or trucks being repaired or waiting for repair parts along with an
additional outdoor storage area in the A (Agricultural) Zone District.
On parcel(s) of land described as:
LOT A RE -4762, BEING PART OF THE E2NW4 SECTION 17, T5N, R64W of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on August 01, 2023 at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on August 16, 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,
espectfully,
) Ir
Chris Gathman
Planner
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