HomeMy WebLinkAbout20221676.tiffEXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
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RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONa'a—BOOS
Moved by Butch White, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR22-0008
APPLICANT: BRIAN AND JODI WARREN
PLANNER: MAXWELL NADER
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OIL AND GAS SUPPORT 4DIRECTI-ONAI DRILLtNG4 AND
SERVICE FOR ESTABLISHMENTS PRINCIPALLY ENGAGED IN SERVING THE
OIL AND GAS INDUSTRY, INCLUDING DIRECTIONAL DRILLING, OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION: LOT A OF 2N° CORRECTED RE -5032; BEING PART OF THE E2 OF SECTION 33,
T7N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 43; APPROXIMATELY 0.45 MILES NORTH
OFCR74.
be recommended favorably to the Board of County Commissioners 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 Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-30.A.1. — Commit to the Economic future of agriculture. States, "Land use
changes should not inhibit agricultural production nor operations."
This code section addresses Weld County's commitment to the economic future of
agriculture, specifically stating land use changes should not inhibit agricultural production nor
operations. The proposed use will not inhibit agricultural production or operations are the
property is not in agricultural production and is of an irregular shape that would substantially
restrict viable agricultural production.
Section 22-2-60.B.3. — Support responsible energy and mineral development States,
"Require that energy and mineral resource development conserve the land and minimize the
impact on surrounding land and the existing surrounding land uses."
Based on the application materials it appears that the proposed use is benefiting the oil and
gas industry post development and with the limited size and location of the parking area it is
not eliminating any agricultural lands and preserving what is currently in use now.
Section 22-2-60.B.5. — Support responsible energy and mineral development states, "Energy
development facilities should preserve agricultural areas and enhance the rural landscape."
Energy development facilities should preserve agricultural areas and enhance the rural
landscape. The use of the non -agrarian land is indirectly supporting the energy sector by
providing a necessary service. All oil field operations utilize specialized equipment including
directional drilling apparatus to place necessary infrastructure underground.
Section 22-2-30.C. — States "Harmonize development with surrounding land uses."
The proposed use is currently being used within the large pole barn, therefore not negatively
impacting surrounding property owners visually, by sound or other nuisances and will
continue to operate out of this structure. The proposed storage location is located on the
north side of the structure which will act as the screening from surrounding properties, if
RESOLUTION USR22-0008
BRIAN A AND JODI R WARREN
PAGE 2
screening is need in addition, it will be done by opaque fencing The overall aesthetics of the
property will not change from the proposed use
The proposed use is in an area that can support this proposal and the existing and future
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
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, "The A (Agricultural) Zone District
is also intended to provide areas for the conduct of Uses by Special Review which have
been determined to be more intense or to have a potentially greater impact than Uses
Allowed by Right " This code section allows the applicant to apply for a USR (Use by Special
Review) Permit The proposal meets the intent because the proposed use directly supports
the oil and gas industry and by default the energy development sector of the Weld County
economy Further, Article III of Chapter 23 of the Weld County Code lists oil and gas support
and service businesses as a use allowed by special review outside of subdivisions and
historic townsites
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 histonc townsite in the (A)
Agncultural Zone District This code section allows the applicant to apply for the oil and gas
truck parking and related equipment
C Section 23-2-220 A 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses
There are seven (7) USRs within one mile of the site There are not any USRs located to the
west of the subject property To the north of the subject property there is one (1) Agncultural
Service Establishment, USR-1633, and one (1) Feed Lot, SUP -190 To the east of the
subject property there is (1) outdoor storage business, USR19-0049 and two (2) Livestock
Confinement Operations, SUP -388 and USR-799 To the south of the subject property there
is one (1) kennel, USR16-0043 and one (1) second single family dwelling, USR-1468
The Weld County Department of Planning Services sent notice to nine (9) 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
There were no emails or phone calls received regarding the proposed 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 three (3) miles of the Town of Eaton The town did not return a
referral The property is not located within any existing Intergovernmental Agreement Area
(IGA) of a municipality
E Section 23-2-220 A 5 -- The application complies with Chapter 23, Articles V and XI, of the
Weld County Code
The property is not within a Geologic Hazard Overlay Distnct, Airport Overlay District,
Municipal Separate Storm Sewer System (MS4) area or the Histonc Townstte Overlay
Distnct
RESOLUTION USR22-0008
BRIAN A AND JODI R WARREN
PAGE 3
The property is located within the Special Flood Hazard Area Floodplain had the following
comments on their referral dated March 15, 2022, "On Apnl 7, 2009, the Federal Emergency
Management Agency (FEMA) issued a Letter of Map Amendment (LOMA) determination
document that removed the home and the garage from the 100 -year floodplain No additional
floodplain permits are required forthe'garage and the house If any other structures are built
in the floodplain or -outside storage is placed in the floodplain a Floodplain Development
Permit will be required The remaining acreage of the site is still considered to be in the 100 -
year floodplain so outside storage of floatable matenals associated with nonagricultural uses
shall not be allowed "
Budding 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
Budding Permits issued on the proposed lot will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Programs
F Section 23-2-220 A 6 -- The applicant has demonstrated a diligent effort to conserve pnme
agricultural land in the locational decision for the proposed use
The property is approximately six (6) acres in size and is considered pnme farm ground if
irrigated Per the Natural Resources Conservation Service Sod Report submitted there are
three (3) soil types located on the property The sods consist of Altvan loam with 0-1% slope,
Halverson loam with 0-1% slope, and Olney fine sandy with 0-1% slope Additionally, due to
the size and the current use already of the property, no farmland will be removed from
production, nor will it negatively impact farmland surrounding it
G Section 23-27220 A 7 — There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards
can ensure that there are adequate provisions for the protection of health, safety, and
welfare of the inhabitants of the neighborhood and County
This recommendation is based, in part, upon a review/ofthe application matenals submitted by the applicant,
other relevant information regarding the request, and responses from referral entities
The Planning Commission recommendation for approval is conditional upon the following
Pnor to recording the map
A The applicant shall address the requirements of the Department of Planning Services —
Budding Inspection which are the following
a The buildings need to be permitted as commercial buildings, one was ag-exempt and the
other was built without permits
b We will need budding plans drawnty a Colorado licensed design professional and a full
code analysis
c We will need a letter from a Colorado licensed structural engineer confirming that the entire
structure and foundation is in compliance with the 2018 IBC
d Any un-permitted work will need to be taken to rough inspection stage and brought into
compliance with the currently adopted codes
e If budding will be heated, please provide compliance documentation for the 2018 IECC
f Fire Distnct notification will be required
B All On -Site Wastewater Treatment systems (OWTS) located on the property shall have
appropriate permits/documentation from the Weld County Department of, Public Health &
RESOLUTION USR22-0008
BRIAN A AND JODI R WARREN
PAGE 4
Environment The Environmental Health Division was unable to locate a permit for the
connection from the shop to the existing OWTS The existing system will require an OWTS
minor repair permit In the event the system is found to be inadequate, the system must be
brought into compliance with current OWTS regulations (Department of Public Health and
Environment)
C In the event the applicant intends to utilize the existing OWTS, for employee use, the system
shall be reviewed by a Colorado Registered Professional Engineer The review shall consist of
observation of the system and a technical review descnbing the system's ability to handle the
proposed hydraulic load The review shall be submitted to the Environmental Health Services
Division of the Weld County Department of Public Health and Environment In the event the
system is found to be inadequately sized or constructed the system shall be brought into
compliance with current Regulations (Department of Public Health and Environment)
D The map shall be amended to delineate the following
All sheets of the map shall be labeled USR22-0008 (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 and proposed screening used for the trucks, related
equipment, employee parking area, and portable toilet This screening will ensure the
trucks, related equipment, employee vehicles, and portable toilet are screened from all
adjacent properties and public nghts-of-way (Department of Planning Services)
5 The map shall delineate the parking area for the trucks, related equipment, and
employee vehicles (Department of Planning Services)
6 All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division
2 of the Weld County Code, if applicable (Department of Planning Services)
7 Show the floodplam and floodway Of applicable) boundanes on the map Label the
floodplain boundanes with the FEMA Flood Zone and FEMA Map Panel Number or
appropnate study (Department of Planning Services - Floodplain)
8 County Road 43 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of nght-of-way at full
buildout The applicant shall delineate and label on the USR map the existing right-of-
way (along with the existing right-of-way) and the physical location of the road All
setbacks shall be measured from the edge of right-of-way This road is maintained by
Weld County (Development Review)
9 Show and label the approved shared access location, approved access width and the
appropriate turning radii on the site plan The applicant must obtain a revised access
permit in the approved location prior to construction (Development Review)
10 Show and label all access easements associated with the parcel (Development Review)
11 Show and label the entrance gate if applicable An access approach that is gated shall
be designed so, that the longest vehicle (including traders) 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)
RESOLUTION USR22-0008
BRIAN A AND JODI R WARREN
PAGE 5
12 Show and label the approved tracking control on the site plan (Development Review)
13 Show and label the drainage flovil arrows (Development Review)
14 Show and label the parking and traffic (Development Review)
2 Pnor to Construction
A Any construction in the floodplain requires, a floodplain permit (Department of Planning Services-
Floodplain)
3 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)
4 In accordance with Weld County Code Ordinance #2012-3, approved Apnl 30, 2012, should the plat
not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution, a $50 00 recording continuance charge shall added for each
additional three (3) month period (Department of Planning Services)
5 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 budding 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)
Motion seconded by Sam Gluck
VOTE
For Passage
Tom Cope
Lonnie Ford
Skip Holland
Sam Gluck
Butch White
Pamela Edens
Michael Palizzi
Against Passage Absent
Elijah Hatch
Michael Wades
The Chair declared the resolution passed and ordered that a certified copy be forwardedwith the file of this
case to the Board of County Commissioners for furthier proceedings
RESOLUTION USR22-0008
BRIAN A AND JODI R WARREN
PAGE 6
CERTIFICATION OF COPY
I, Michelle Wall, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on June 7, 2022
Dated the 7th day of June, 2022
-hk'crulee. ,,, u>aA-e-
Michelle Wall
Secretary
RESOLUTION USR22-0008
BRIAN A AND JODI R WARREN
PAGE 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Bnan A and Jodi R Warren
USR22; 0008
A Site Specific Development Plan and Use by Special Review Permit for Oil and Gas Support and
Service for establishments principally engaged in serving the oil and gas industry, including directional
dnllmg, 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 of the business are 6 00 a m to 8 00 p m , Monday through Sunday (Department
of Planning Services)
4 The number of on -site employees shall be no more than five (5) per the application materials
(Department of Planning Services)
5 The number of on -site commercial vehicles and related equipment shall be no more than fifteen (15) per
the application matenals (Department of Planning Services)
6 No vehicle repair or service of vehicles, equipment and trailers is allowed on site (Department of
Planning Services)
7 All parking areas on the site shall be maintained (Department of Planning Services)
8 The existing landscaping and proposed screening on the site shall be maintained (Department of
Planning Services) '
9 All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code (Department of
Planning Services)
i
10 Sources of light shall be shielded so that light rayswillnot 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)
11 A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map #08123C -1250E effective date January 20, 2016 (Lone Tree Creek Floodplain)
Any development shall comply with all applicable Weld County requirements, Colorado Water
Conservation Board requirements as descnbed in, Rules and Regulations for Regulatory Floodplains in
Colorado, and FEMA regulations and requirements as descnbed in 44 CFR parts 59, 60, and 65 The
FEMA definition of development is any man-made change to improved or unimproved, real estate,
including but not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation, drilling operations, or storage of equipment and matenals (Department of Planning Services -
Floodplain)
12 FEMA's floodplain boundanes may be updated at any time by FEMA Pnor to the start of any
development activities, the owner should contact Weld County to determine if the floodplain boundanes
have been modified (Department of Planning Services - Floodplain)
RESOLUTION USR22-0008
BRIAN A AND JODI R WARREN
PAGE 8
13 Outside storage of floatable materials associated with nonagricultural uses shall not be allowed Matenals
that are not floatable can be stored outside, provided that a floodplain development permit is obtained
Floatable matenals are defined as any material that is not secured in place that could float offsite dunng
the occurrence of a flood and potentially cause harm to downstream property owners or that could cause
blockage of a culvert, bridge or other drainage facility Floatable materials include, but are not limited to,
lumber, vehicles, boats, equipment, drums or other containers or pieces of material that are likely to float
(Department of Planning Services — Floodplain)
14 Any fencing (screening) on the property must allow the flow of floodwaters either through or under the
fence (Department of Planning Services — Floodplain)
15 The installation of any septic system within the 100 -year floodplain shall comply with the Weld County
O W T S floodplain policy (Department of Planning Services - Floodplain)
16 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)
17 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)
18 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)
19 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)
20 The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank
Regulations (Department of Public Health and Environment)
21 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)
22 Adequate dunking, handwashing and toilet facilities shall be provided for employees and patrons of the
facility, at all times A permanent, adequate water supply shall be provided for dnnking and sanitary
purposes, as necessary (Department of Public Health and Environment)
23 For employees or contractors on site for less than 2 consecutive hours a day, and 2 or less full-time
employees on site, portable toilets and bottled water are acceptable Records of maintenance and proper
disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld
County Department of Public Health and Environment Portable toilets shall be serviced by a cleaner
licensed in Weld County and shall contain hand sanitizers (Department of Public Health and
Environment)
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 (Department of Public Health and Environment)
25 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)
26 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)
RESOLUTION USR22-0008
BRIAN A AND JODI R WARREN
PAGE 9
27 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)
28 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized
(Development Review)
29 All access and utility easements are dedicated for the benefit of all owners of lots depicted on this plat,
including owners of future lots created therefrom, regardless of lot configuration or number of users, and
without limitation of the use or intensity of the use of such easements No lot owner may install a gate or
otherwise impede the use of such easements without the approval of all persons with nghts of use of
such easements (Development Review)
r
30 Pnor to the release of budding permits, the applicant shall be required to submit a complete commercial
access application for the existing permitted access location as shown on this plat (Development
Review)
€
31 The historical flow patterns and runoff amounts on the site will be maintained (Development Review)
32 Budding permits may be required, per Section 29-3-10 of the Weld County Code Currently, the following
have been adopted by Weld County 2018 International Codes, 2018 International -Energy Code, and
2020 National Electrical Code A Budding 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 (Department of Budding Inspection)
33 The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code
34 Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public
Health and Environment shall be granted access lonto the property at any reasonable time in order to -
ensure the activities carned out on the property comply with the Conditions of Approval and Development
Standards stated herein and all applicable Weld County regulations
35 The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County. regulations Substantial changes from the plans or
Development Standards, as shown or stated, shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted Any other changes shall be filed in the office of the Department of
Planning Services
36 The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners
37 Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced
within three (3) years from the date of 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 I
38 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 wntten notice to the landowner asking that the landowner request to vacate
the Use by Special Review Permit
RESOLUTION USR22-0008
BRIAN A AND JODI R WARREN
PAGE 10
39 RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy, (b) the populous counties of the state
face a critical shortage of such deposits, and (c) such deposits should be extracted according to a rational
plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology
and quality of life of the citizens of the populous counties of the state
Mineral resource locations are widespread throughout the County and people moving into these areas
must recognize the vanous impacts associated with this development Often times, mineral resource
sites are fixed to their geographical and geophysical locations Moreover, these resources are protected
property nghts and mineral owners should be afforded the opportunity to extract the mineral resource
40 WELD COUNTY'S RIGHT TO FARM STATEMENT Weld County is one of the most productive
agncultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agncultural 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 agncultural 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
Agncultural 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 agncultural 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 pnvate 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 agncultural 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
irngation 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 pnonties mean that
roads from subdivisions to artenals 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 irngation ditches, electncal power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, terntonal farm dogs and livestock, and
open burning present real threats Controlling children's activities is important, not only for their safety,
RESOLUTION USR22-0008
BRIAN A AND JODI R WARREN
PAGE 11
but also for the protection of the farmer's livelihood
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, June 7, 2022
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Vice Chair,
Tom Cope, at 12:30 pm.
Roll Call.
Present: Tom Cope, Lonnie Ford, Skip Holland, Sam Gluck, Butch White, Pamela Edens, Michael Palizzi.
Absent: Elijah Hatch, Michael Wailes.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Angela Snyder, and Maxwell Nader and Melissa
King, Department of Planning Services; Lauren Light, Department of Health; Bruce Barker and Karin
McDougal, County Attorney, and Michelle Wall, Secretary.
Motion: Approve the May 3, 2022, Weld County Planning Commission minutes, Moved by Skip Holland,
Seconded by Sam Gluck. Motion passed unanimously.
CASE NUMBER: USR22-0008
APPLICANT: BRIAN AND JODI WARREN
PLANNER: MAXWELL NADER
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OIL AND GAS SUPPORT (DIRECTIONAL DRILLING) OUTSIDE
OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL)
ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A OF 2"° CORRECTED RE -5032; BEING PART OF THE E2 OF SECTION
33, T7N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 43; APPROXIMATELY 0.45 MILES NORTH
OF CR 74.
Maxwell Nader, Planning Services, presented Case USR22-0008, reading the recommendation and
comments into the record. Staff received 11 letters from surrounding property owners; 3 letters were in
opposition. The letters in opposition address a dispute with a shared access which is a civil matter and
does not involve the County nor the decision of the USR application. One letter addressed concerns about
the traffic hazard to County Road 23. 7 letters were in support of this request. The Department of Planning
Services recommends approval of this application along with conditions of approval and development
standards.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Tim Naylor, Agprofessionals, 3050 67th Avenue, Greeley, Colorado. Mr. Naylor is representing Directional
Plus and the Warren Family. Directional Plus provides horizontal boring under roads for utilities in places
where conventional trenches are not practical. The equipment will be transported to the location of the
project until the project is complete. Once the project is complete, they will move the equipment to the next
location. If they are between projects, the equipment will be stored on the owner's property. Mr. Naylor
said employees will come to the Warren's property to pick up vehicles to take to the worksite; they return
the vehicles at the end of the workday. There are no onsite employees. He said they are working with an
engineer and will bring the barn up to commercial standards.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Greg Worrell, 36459 County Road 43, Eaton, Colorado. Mr. Worrell said their property is south of the
Warren Family's property. The Worrell's have been farming on their property for 10 years. He explained
that they share an access point with them. Mr. Worrell said that the Warren's put up a fence on the south
side of the shared access point that has hindered their hay sales and sales from their orchard.
Commissioner Gluck asked Mr Worrell if he has contacted the Sheriff Mr Worrell explained that they are
to process of a civil suit Kann McDougal, County Attorney, explained to the Planning Commission that the
access civil matter is separate from the USR application being proposed today
Mr Worrell explained that he is in opposition of the proposed business because it is mterfenng with his
business
Mr Naylor said the access is a civil matter that is in court He said it will get worked out Mr Naylor pointed
out the access points on the PowerPoint slide and showed where the Worrell's have another access point
to their property
Mr Nader proposed to modify the current request language to read as ""A Site Specific Development Plan
and Use by Special Review Permit for Oil and Gas Support and Service for establishments pnnapally
engaged in serving the oil and gas industry, including directional drilling, outside of subdivisions and historic
townsites in the A (Agncultural) Zone Distnct " This modification does not change the specific use being
proposed nor the overall foundation of the request The modification is to ensure clanty for the proposed
use on site for the current owner and future owners of the property
Amend request language as recommended by Staff, Moved by Butch White, Seconded by Michael Pali,.
Motion passed unanimously
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those The applicant replied that they are in agreement
Motion: Forward Case USR22-0008 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Butch White, Seconded by Sam Gluck
The Chair asked the public if there were other items of business that they would like to discuss No one
wished to speak
The Chair asked the Planning Commission members if there was any new business to discuss No one
wished to speak
Meeting adjourned at 4 41 pm
Respectfully submitted,
ucere, o? u,ki—e—
Michelle Wall
Secretary
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