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LAND USE APPLICATION
SUMMARY SHEET
Maxwell Nader
Case Number: USR22-0008
Applicant: Brian A. and Jodi. R Warren
Address: 36401 Country Road 43, Eaton, CO 80615
Representative: AGPROfessionals c/o Tim Naylor
Hearing Date: June 7, 2022
Request: 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 drilling, outside of subdivisions and historic townsites in
the A (Agricultural) Zone District.
Legal Lot A of 2nd Corrected Recorded Exemption RE -5032; being a part of the E2 of Section
Description: 33, Township 7, Range 65 West of the 6th P.M., Weld County, Colorado
Location: West of and adjacent to County Road 43; approximately 0.45 miles north of County
Road 74
Size of Parcel: +/- 6.4 acres Parcel No. 0709-33-4-00-074
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
Weld County Zoning Compliance, referral dated March 18, 2022
▪ West Greeley Conservation District, referral dated April 11, 2022
▪ Weld County Department of Public Health and Environment, referral dated April 20, 2022
▪ Weld County Department of Planning Services - Floodplain, referral dated March 15, 2022
▪ Weld County Department of Planning Services - Building Inspection, referral dated April 26, 2022
▪ Weld County Department of Planning Services - Development Review, referral dated March 11, 2022
The Department of Planning Services' staff has not received responses from the following agencies:
Y Town of Eaton
Y Eaton Fire Protection District
Y North Weld County Water District
USR22-0008, Brian A. and Jodi R. Warren, Page 1 of 12
Case Summary:
The applicant is requesting a Site Specific Development Plan and Use by Special Review Permit for oil and
gas support and service facility principally engaged in serving the oil and gas industry, including directional
drilling. The business on site is Directional Drilling, LLC. The business owners and property owners are
Jodi and Brian Warren, and they live on site. The business primarily operates out of the large pole barn on
the north side of the property, this includes storage of equipment and vehicles. This structure will require a
change of use permit. Employee parking occurs outside of the structure. There is proposed storage on the
north side of the structure with this request. This will be required to be screen from public rights of way and
surround property owners. There are approximately fifteen (15) related trucks and equipment for the
business. These items will be stored within the structure and if parked, staged or stored outside of building
will be screened from adjacent properties and public rights -of -way. The application materials state there
could be up to five (5) employees on site daily. The hours of operation, in which trucks may leave and return
to the site are from 6:00 a.m. - 8:00 p.m. Monday through Sunday.
The access is located off County Road 43. This access is currently shared with the property to the south,
which is shown on the associated recorded exemption plats, Corrected RE -5032 and Amended RE -5032.
While the applicant will be using the shared access point, the applicant will not be using the shared
easement for the business. Therefore, staff will not be requiring an updated access easement agreement.
This site has an active Zoning Violation (ZCV22-00002). This violation was initiated due to the presence of
Oil & Gas Support & Services operations including but not limited to Commercial Vehicle parking without
first completing the necessary Weld County land use permits. This case has not yet been forwarded to the
County Attorney's Office.
Approval of this application by the Board of County Commissioners would correct the zoning violation;
however, the zoning violation case (ZCV22-00002), cannot be dismissed until the Conditions of Approval
have been completed and the final map has been recorded.
If this application is denied, Compliance staff asks the Board of County Commissioners to refer this Zoning
Violation (ZCV22-00002) case to the County Attorney's Office, but to delay legal action for thirty (30) days
in order to allow the applicant time to remove the commercial operations from the property.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS.
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-30.A.1. — 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 22-2-60.8.3. — 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."
USR22-0008, Brian A. and Jodi R. Warren, Page 2 of 12
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 22-2-60.8.5. — 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 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 historic townsite in the (A)
Agricultural 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)
Agricultural 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.
USR22-0008, Brian A. and Jodi R. Warren, Page 3 of 12
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 District, Airport Overlay District,
Municipal Separate Storm Sewer System (MS4) area or the Historic Townsite Overlay
District.
The property is located within the Special Flood Hazard Area. Floodplain had the following
comments on their referral dated March 15, 2022, "On April 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 for the 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 materials
associated with nonagricultural uses shall not be allowed."
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs.
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.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The property is approximately six (6) acres in size and is considered prime farm ground if
irrigated. Per the Natural Resources Conservation Service Soil Report submitted there are
three (3) soil types located on the property. The soils 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 23-2-220.A.7 —There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250, Weld County Code), Conditions of Approval and Development
Standards can ensure that there are adequate provisions for the protection of health,
safety, and welfare of the inhabitants of the neighborhood and County.
USR22-0008, Brian A. and Jodi R. Warren, Page 4 of 12
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. The applicant shall address the requirements of the Department of Planning Services —
Building 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 building plans drawn by 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 building will be heated, please provide compliance documentation for the 2018 IECC.
f. Fire District 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 &
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 describing the system's ability to handle
the proposed hydraulic load. The review shall be submitted to the Environmental Health
Services Division of the Weld County Department of Public Health and Environment. In the
event the system is found to be inadequately sized or constructed the system shall be brought
into compliance with current Regulations. (Department of Public Health and Environment)
D. The map shall be amended to delineate the following:
1. 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 rights -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)
USR22-0008, Brian A. and Jodi R. Warren, Page 5 of 12
7. Show the floodplain and floodway (if applicable) boundaries on the map. Label the
floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or
appropriate 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 right-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 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)
12. Show and label the approved tracking control on the site plan. (Development Review)
13. Show and label the drainage flow arrows. (Development Review)
14. Show and label the parking and traffic (Development Review)
2. Prior 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 April 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 building or electrical permits be
issued on the property, until the Use by Special Review plat is ready to be recorded in the office
of the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement (Department of Planning Services)
USR22-0008, Brian A. and Jodi R. Warren, Page 6 of 12
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Brian A. and Jodi R. Warren
USR22-0008
1. 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
drilling, 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 materials. (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)
10. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where
such would cause a nuisance or interfere with the use on the adjacent properties in accordance with
the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to
operators of motor vehicles on public or private streets. No colored lights may be used which may be
confused with, or construed as, traffic control devices. (Department of Planning Services)
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 described in Rules and Regulations for Regulatory Floodplains in
Colorado, and FEMA regulations and requirements as described 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 materials. (Department of Planning
Services - Floodplain)
12. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain boundaries
have been modified. (Department of Planning Services - Floodplain)
USR22-0008, Brian A. and Jodi R. Warren, Page 8 of 12
13. Outside storage of floatable materials associated with nonagricultural uses shall not be allowed.
Materials that are not floatable can be stored outside, provided that a floodplain development permit is
obtained. Floatable materials are defined as any material that is not secured in place that could float
offsite during 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 drinking, handwashing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes, as necessary. (Department of Public Health and Environment)
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)
USR22-0008, Brian A. and Jodi R. Warren, Page 9 of 12
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 rights of
use of such easements. (Development Review)
30. Prior to the release of building 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. Building 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 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. (Department of Building 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 onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations.
35. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans
or Development Standards, as shown or stated, shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the Department
of Planning Services.
36. The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards. Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners.
37. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced
within three (3) years from the date of 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.
USR22-0008, Brian A. and Jodi R. Warren, Page 10 of 12
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 written notice to the landowner asking that the landowner request to
vacate the Use by Special Review Permit.
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 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.
40. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture. Persons moving into a rural area must recognize and
accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower
level of services than in town. Along with the drawbacks come the incentives which attract urban
dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion,
and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles
on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in
the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize
an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural
and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave
USR22-0008, Brian A. and Jodi R. Warren, Page 11 of 12
their jobs and families to respond to emergencies. County gravel roads, no matter how often they are
bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood.
USR22-0008, Brian A. and Jodi R. Warren, Page 12 of 12
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mnader@weldgov.com
PHONE: (970) 400-400-3527
FAX: (970) 304-6498
April 20, 2022
Naylor Timothy
3050 67th Avenue, Suite 200
Greeley, CO 80634
Subject: USR22-0008 - A Site Specific Development Plan and Use by Special Review Permit for Oil
and Gas Support and Service (directional drilling) outside of subdivisions and historic townsites in
the A (Agricultural) Zone District.
On parcel(s) of land described as:
LOT A 2ND CORR RE -5032; BEING PART OF THE E2 SECTION 33, T7N, R65W of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on June 07, 2022 at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on June 22, 2022 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,
Maxwell Nader
Planner
Maxwell Nader
From: Tim Naylor <tnaylor@agpros.com>
Sent: Tuesday, March 8, 2022 12:00 PM
To: Maxwell Nader
Cc: Tom Parko Jr.; Jodi Warren; Kelsey Bruxvoort
Subject: FW: PRE22-0011 COMPLETENESS REVIEW
Attachments: PRE22-0011 COMPLETENESS REVIEW.pdfi 20220308 DP USR 1459-01.pdf; Signed Statement of
Taxes.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Max
1. Please find attached your attached completeness review document.
2. Please see updated map with outside storage shown. Additional screening is not proposed as the buildings
screen from surrounding residences.
3. See attached signed Statement of Taxes document.
4. You are correct, the easement for the benefit of the neighbor is not part of the review of the USR. Directional
Plus has direct access to their property from CR 43. The status of the easement through Directional Plus's
property for the benefit of the neighbor is not the County's concern and has no bearing on the USR application.
The property owner is working with the neighbor to resolve the neighbor crossing the property outside of the
easement.
Regards
Tim Naylor
AGPROfessionaIs
3050 67th Avenue, Suite 200
Greeley, CO 80634
970-535-9318 office
970-535-9854 fax
(303) 870-0013 mobile
www.agpros.com
m.1 AGPROfessionals
■■ ci l C.
From: Maxwell Nader <mnader@weldgov.com>
Sent: Friday, March 4, 2022 4:09 PM
To: Tim Naylor <tnaylor@agpros.com>
Cc: Hannah Dutrow <hdutrow@weldgov.com>; Kelsey Bruxvoort <Kbruxvoort@agpros.com>; Jodi Warren
<jodi@directionalplus.net>
Subject: PRE22-0011 COMPLETENESS REVIEW
Tim,
Please see attached completeness review memo. Only a few comments from me. Let me know if you have any
questions. Have a good weekend!
Best,
Maxwell Nader
Planner II
1555 N 17th Ave
Greeley, CO 80631
mnader@weldgov.com
Phone: (970)-400-3527
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to
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