HomeMy WebLinkAbout20212869.tiffPlanner:
USE BY SPECIAL REVIEW PERMIT
STAFF COMMENTS
Michael Hall
Case Number: USR21-0011
Owner: Robert Borum
2198 County Road 17, Brighton, CO 80603
Applicant: Bryan Borum (Innotech Machining, Inc.)
6125 W. 59th Avenue, Suite E, Arvada, CO 80003
Hearing Date: October 5, 2021
Request: A Site Specific Development Plan and Use by Special Review Permit for a home business
(machine shop) outside of subdivisions and historic townsites in the A (Agricultural) Zone
District.
Legal The North 330 feet of N2SW4SW4 of Section 21, Ti N, R67W, of the 6th P.M., Weld County,
Description: Colorado
Location: East of and adjacent to County Road 17; approximately 0.2 miles north of County Road 6
Acreage: +1- 10 acres Parcel No. 1469-21-0-00-009
The criteria for review of this Special Review Permit are listed in Section 23-2-220 and Section 23-4-1030 of
the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
• Fort Lupton Fire Protection District, referral dated July 13, 2021
• Colorado Division of Water Resources, referral dated July 1, 2021
• Colorado Division of Water Resources, referral dated September 8, 2021
• Weld County Department of Planning Services - Engineer, referral dated July 7, 2021
• Weld County Department of Public Health and Environment, referral dated July 8, 2021
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
• Adams County, referral dated July 8, 2021
• City of Dacono, referral dated July 19, 2021
• City of Northglenn, referral dated July 7, 2021
• City of Fort Lupton, referral dated July 9, 2021
• Weld County Sheriff's Office, referral dated June 29, 2021
• Weld County Zoning Compliance, referral dated June 28, 2021
• Weld County School District RE -8, referral dated July 12, 2021
• Weld County Oil and Gas Energy Department, referral dated July 2, 2021
The Department of Planning Services' staff has not received responses from the following agencies:
• Thompson Ditch
• K.P. Kauffman Company, Inc.
• Occidental Petroleum Corporation
• West Adams Conservation District
• Weld County Department of Planning Services - Building Inspection
USR21-0011 - Borum
Page 1 of 10
CASE SUMMARY:
The property owner is requesting a Site Specific Development Plan and Use by Special Review (USR)
Permit for a home business (machine shop) outside of subdivisions and historic townsites in the A
(Agricultural) Zone District. The business, Innotech Machining Inc., produces prototype and short run
production parts for clients. Activities include milling, grinding, sawing and machining metal products. An
existing 2,400 SF metal building will be utilized. The building contains a restroom. A proposed expansion of
equal size and construction may be added to the eastern side of the existing building. A concrete apron is
located on the west side of the existing building, adjacent to the residential parking area. There are other on -
site structures including the existing residence, stable, and storage buildings. Approximately 50% of the on -
site structures will be utilized as part of the home business. The business owner will reside on -site, and the
business provides for gainful employment of the residents, family members and potentially several outside
employees. The property will continue to operate primarily as a residential property with ancillary, hobby -type
agricultural activities.
The hours of operation are Monday through Friday, 8:00 am to 6:00 pm. The business currently has two (2)
full-time employees and one (1) contractor. It is anticipated to have a maximum of eight (8) employees in the
future. No heavy truck traffic is expected. Only employee passenger vehicles and routine delivery driver
access will occur. One (1) 12 SF double -sided sign is proposed with business information, to be located on
the north side of the access point, visible from County Road 6. Limited fluids will be stored, utilized and
collected in the building including coolants, oils and solvents. No fuel storage is proposed. A dumpster will be
utilized to collect non -hazardous solid waste and will be emptied on a weekly basis. Scrap metal will be
delivered to a recycling center as needed. The driveway and parking area is gravel. An approximately three
(3) foot in width area will be graded around the commercial structure and will contain river rock landscaping
and edging. There is a mix of existing barbed wire and wooden split rail fence along the property line. No
additional fencing or lighting is proposed. No changes to the single access point are proposed.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are compliant with the application requirements of Section 23-2-260 of the
Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1. -- The proposed use is consistent with Chapter 22 [Weld County
Comprehensive Plan] and any other applicable code provisions or ordinance in effect.
Section 22-2-10.B. states: "Respecting Private Property Rights. One of the basic principles upon
which the United States was founded is the right of citizens to own and utilize property so long
as that use complies with local regulations and does not interfere with or infringe upon the rights
of others."
The request to utilize this small, non -agriculturally productive parcel of land for employment,
being a home business, as well as on -going residential use, is in line with this section of the
Comprehensive Plan. The property owner's business will comply with local regulations and does
not appear to interfere with or infringe upon the rights of others.
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."
USR21-0011 - Borum
Page 2 of 10
This code section, in essence, supports the proposed USR, as this existing operation is
controlled and does not interfere with agricultural activities or other use by right activities.
Section 23-3-40.L. — Uses by special review, of the Weld County Code includes "Home
Businesses".
This code section allows the applicant to apply for the subject Home Business. Per Section 23-1-
90 of the Weld County Code, "Home Businesses" provide for: "A use incidental to the principal
permitted use for gainful employment of the family residing on the property, where: a) such use
is conducted primarily within a dwelling unit or accessory structure and principally carried on by
the family resident therein; and b) such use is clearly incidental and secondary to the principal
permitted use and shall not change the character thereof.
The subject home business meets these requirements as the operation will be conducted
primarily inside an accessory structure and will be principally carried on by the property owner
and their family, in addition to several outside employees, and the use will be secondary to the
existing residential activities on -site.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent lands are unincorporated and are zoned A (Agricultural). The surrounding land
uses consist of rural residences, vacant and agricultural parcels, on -going oil and gas activity
and an outdoor RV and vehicle storage facility. The closest neighboring residence is
approximately 200 feet south of the building. The next closest residence is approximately 560
feet south of the building. There are several USRs within one (1) mile of the site, including:
USR17-0009 (outdoor RV and vehicle storage facility) and USR-1261 (kennel), USR15-0067
(mineral resource development facility), USR18-0098 (high pressure natural gas line), USR-577
(kennel), USR19-0013 (landscaping and storage business), and USR-648 (horse training and
show facility).
Weld County Department of Planning Services staff sent notice to six (6) surrounding property
owners within 500 feet of the proposed USR boundary. No written correspondence or telephone
calls were received.
Due to the rural surrounding land uses and minor perceivable impact of the operation, this facility
appears to be compatible with the area.
D. Section 23-2-220.A.4 -- That the uses which would 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 this Code or master plans of affected municipalities.
This site is located within the City of Fort Lupton Coordinated Planning Agreement (CPA)
boundary. As part of the pre -application process, Fort Lupton returned a Notice of Inquiry form
dated February 18, 2020, expressing an interest to discuss annexation and that they had no
concerns with the development proceeding with Weld County. The applicant does not wish to
annex at this time.
The site is located within the three (3) mile municipal referral radius of Adams County and the
Cities of Dacono, Fort Lupton and Northglenn. The referral responses, dated July 8, 2021, July
19, 2021, July 9, 2021, July 7, 2021 respectively, all had no comments or concerns with the
request.
E. Section 23-2-220.A.5 -- That the application complies with Articles V and XI of this Chapter if the
proposal is located within an overlay zoning district or a special flood hazard area identified by
maps officially adopted by the county.
The proposed facility is not located within a Special Flood Hazard Area, Airport Overlay District
Municipal Separate Storm Sewer System (MS4) area, Geologic Hazard Overlay District or
Historic Townsite Overlay District.
USR21-0011 - Borum
Page 3 of 10
Building Permits issued on the lot will be required to adhere to the fee structure of the County -
Wide Road Impact Fee Program, 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 facility is located on approximately ten (10) acres designated as "Prime Farmland if
Irrigated" with well low -slope drained clay loam soils. The property is not irrigated and is not
used for farming activities. The proposed USR does not take any prime agricultural land out of
production.
G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
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.
Those agency referral responses, which contained comments, provide additional advisory
information and conditions regarding designing and operating the site to protect the interests of
the County, public and other governmental agencies.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDATION FOR APPROVAL IS
CONDITIONAL UPON THE FOLLOWING:
1. Prior to recording the map:
A. The applicant shall acknowledge the advisory referral comments of the Fort Lupton Fire
Protection District regarding fire district permitting, premise identification, fire flow requirements,
access and loading requirements, and security gating, as stated in the referral response dated
July 13, 2021. Compliance with Fire District requirements shall be demonstrated during the
building permit process. Evidence of acknowledgment shall be submitted in writing to the Weld
County Department of Planning Services. (Department of Planning Services)
B. The applicant shall address the referral comments of the Colorado Division of Water Resources
regarding well permitting, as stated in the referral response dated September 8, 2021. Evidence
of such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
C. The applicant shall submit written evidence from the Colorado Division of Water Resources,
demonstrating that the well is appropriately permitted for commercial use. (Department of Public
Health and Environment)
D. An On -Site Wastewater Treatment System (OWTS) is required for the shop and the OWTS shall
be installed according to the Weld County On -Site Wastewater Treatment System Regulations.
The existing OWTS may be expanded or a new OWTS may be installed. (Department of Public
Health and Environment)
E. A Road Maintenance Agreement is required at this location. Road maintenance includes, but is
not limited to, dust control and damage repair to specified haul routes. (Department of Planning
Services - Engineer)
F. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR21-0011. (Department of Planning Services)
USR21-0011 - Borum
Page 4 of 10
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D and Section 23-4-1030 of the Weld
County Code. (Department of Planning Services)
4) Show and label any existing and proposed structures, storage areas, surfaces and
miscellaneous improvements and if such item is associated with the home business.
(Department of Planning Services)
5) Show and label the location of any fencing and gating, if applicable. Include specification
details on the USR map. Refer to Section 23-2-240.A.10. of the Weld County Code.
(Department of Planning Services)
6) Show and label the location of any signage, if applicable. Include sign specification
details on the USR map. Refer to Section 23-2-240.A.12, Chapter 23, Article IV, Division
2, and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of
Planning Services)
7) Show and label the location of the trash collection areas, if applicable. Include
specification details on the USR map. Refer to Section 23-2-240.A.13. of the Weld
County Code for design criteria. (Department of Planning Services)
8) Show and label the on -site employee parking areas with stall dimensions, if applicable.
Refer to Section 23-2-240.A.6. and Chapter 23, Article IV, Division 1 of the Weld County
Code for design criteria. (Department of Planning Services)
9) Show and label any on -site lighting, if applicable. All lighting shall be downcast and
shielded so that light rays will not shine directly onto adjacent properties. Include lighting
specification details on the USR map. Refer to Section 23-2-250.D. of the Weld County
Code for design criteria. (Department of Planning Services)
10) Show and label the setback radiuses for existing oil and gas tank batteries, wellheads,
and encumbrances, if applicable. Setback requirements are located in Section 23-3-
70.E. of the Weld County Code. (Department of Planning Services)
11) Show and label all recorded easements and rights -of -way on the map by book and page
number or reception number and recording date. (Department of Planning Services)
12) County Road 17 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout.
The applicant shall delineate and label on the site map or plat the future and existing
right-of-way (along with the documents creating the existing right-of-way) and the
physical location of the road. All setbacks shall be measured from the edge of right-of-
way. This road is maintained by Weld County. (Department of Planning Services -
Engineer)
13) Show and label the approved access location, approved access width and the
appropriate turning radii on the site plan. The applicant must obtain an access permit in
the approved location prior to construction. (Department of Planning Services -
Engineer)
14) Show the approved Colorado Department of Transportation (CDOT) access(es) on the
site plan and label with the approved access permit number, if applicable. (Department
of Planning Services - Engineer)
15) Show and label the approved tracking control on the site plan. (Department of Planning
Services - Engineer)
USR21-0011 - Borum
Page 5 of 10
16) 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.
Department of Planning Services - Engineer)
17) Show and label the drainage flow arrows. (Department of Planning Services - Engineer)
18) Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Planning Services - Engineer)
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 Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map
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)
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)
5. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Planning Services - Engineer)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Planning Services - Engineer)
USR21-0011 - Borum
Page 6 of 10
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Robert Borum
Innotech Machining, Inc.
USR21-0011
1. A Site Specific Development Plan and Use by Special Review Permit, USR21-0011, for a home
business (machine shop) 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 property owners shall be involved in the home business. (Department of Planning Services)
4. The home business shall be incidental to the principal residential use for gainful employment of the
family residing on the property and shall not change the character thereof. (Department of Planning
Services)
5. The maximum number of on -site full-time employees at any given time is eight (8), including the
involved property owners, as requested in the application materials. (Department of Planning
Services)
6. The hours of operation are Monday through Friday, 8:00 am to 6:00 pm, year-round, as requested
in the application materials. (Department of Planning Services)
7. The existing and proposed landscaping, screening and fencing shall be maintained. (Department of
Planning Services)
8. The employee vehicle parking and storage areas on the site shall be maintained. (Department of
Planning Services)
9. All signs shall adhere to Section 23-2-240.A.12, Chapter 23, Article IV, Division 2 and Appendices
23-C, 23-D and 23-E 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. 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)
12. 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)
13. 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)
14. 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)
USR21-0011 - Borum
Page 7 of 10
15. All chemicals must be handled in a safe manner in accordance with product labeling. All chemicals
must be stored secure, on an impervious surface, and in accordance with manufacturer's
recommendations. (Department of Public Health and Environment)
16. 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)
17. 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)
18. 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. The existing well (permit 100630) cannot be used for the business unless it is
repermitted to allow commercial use. (Department of Public Health and Environment)
19. This application is proposing a well as its source of water. The applicant should be made aware that
while they may be able to obtain a well permit from the Office of the State Engineer, Division of
Water Resources, the quantity of water available for usage may be limited to specific uses.
Groundwater may not meet all drinking water standards as defined by the Colorado Department of
Public Health and Environment and it is strongly encouraged to test drinking water prior to
consumption and periodically test it over time. (Department of Public Health and Environment)
20. 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)
21. 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. (Department of Planning Services
- Engineer)
22. The access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off -site tracking. (Department of Planning Services - Engineer)
23. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Planning Services - Engineer)
24. 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. (Department of Planning
Services - Engineer)
25. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Department of Planning Services - Engineer)
26. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site
visit and possible updates. (Department of Planning Services - Engineer)
27. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Planning Services - Engineer)
28. 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.
29. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code. (Department of Planning Services)
USR21-0011 - Borum
Page 8 of 10
30. 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.
31. 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.
32. 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.
33. Chapter 23, Article II, Section 23-2-290.A. states: "Construction or use pursuant to approval of a Use
by Special Review Permit shall be commenced within three (3) years from the date of approval,
unless otherwise specified by the Board of County Commissioners when issuing the original Permit,
or the Permit shall be vacated. The Director of Planning Services may grant an extension of time, for
good cause shown, upon a written request by the landowner."
34. Chapter 23, Article II, Section 23-2-290.B. states: "A 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."
35. Chapter 23, Article II, Section 23-2-290.D states: "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."
36. 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.
USR21-0011 - Borum
Page 9 of 10
37. 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 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.
USR21-0011 - Borum
Page 10 of 10
August 24, 2021
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mhall@weldgov.com
PHONE: (970) 400-3528
FAX: (970) 304-6498
BORUM BRYAN
2198 CR 17
BRIGHTON, CO 80603
Subject: USR21-0011 - A Site Specific Development Plan and Use by Special Review Permit for a
home business (machine shop) outside of subdivisions and historic townsites in the A (Agricultural)
Zone District.
On parcel(s) of land described as:
N2SW4SW4 SECTION 21, Ti N, R67W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on October 5, 2021 at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on October 20, 2021
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
Res g citu I ly,
K7lichael Hall
Planner
Hello