HomeMy WebLinkAbout20210098.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Angela Snyder Hearing Date: December 15, 2020
Case Number: USR20-0028
Owner/Applicant: Lonnie Shoemaker, 9124 County Road 23, Fort Lupton
Representatives: Jason James & Brittani Brookshire
Request: A Site Specific Development Plan and Use by Special Review for outdoor storage of
public utility -related equipment and uses (Public Utility Support and Service) similar to
the uses listed (oil and gas support and service) as permitted as long as the use
complies with the general intent of the zone district in the A (Agricultural) Zone District
Legal Lot B of Recorded Exemption RECX17-0007; being part of the N2SW4 of Section 13,
Description: T2N, R67W of the 6'h P.M., Weld County, Colorado
Location: East of and adjacent to County Road 23, approximately 0.37 miles north of County
Road 20
Size of Parcel: ± 8 acres
Parcel No. 1311-13-3-00-022
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 September 28, 2020
▪ City of Fort Lupton, referral dated September 30, 2020
▪ Weld County Department of Public Works, referral dated October 12, 2020
▪ Weld County Department of Public Health and Environment, referral dated October 22, 2020
▪ Weld County Department of Building Services, referral dated December 3, 2020
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Y Weld County School District RE -8, referral dated September 29, 2020
Y Weld County Sheriff's Office, referral dated October 8, 2020
Y State of Colorado, Division of Water Resources, referral dated October 13, 2020
Y Central Weld County Water District, referral dated October 21, 2020
The Department of Planning Services' staff has not received responses from the following agencies:
Y Weld County Assessor
Y Platte Valley Conservation District
Y Fort Lupton Fire Protection District
USR20-0028 - Shoemaker
Page 1
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Angela Snyder Hearing Date: December 15, 2020
Case Number: USR20-0028
Owner/Applicant: Lonnie Shoemaker, 9124 County Road 23, Fort Lupton
Representative: Jason James & Brittani Brookshire
Request: A Site Specific Development Plan and Use by Special Review for outdoor storage of
public utility -related equipment and uses (Public Utility Support and Service) similar to
the uses listed (oil and gas support and service) as permitted as long as the use
complies with the general intent of the zone district in the A (Agricultural) Zone District
Legal Lot B of Recorded Exemption RECX17-0007; being part of the N2SW4 of Section 13,
Description: T2N, R67W of the 6'h P.M., Weld County, Colorado
Location: East of and adjacent to County Road 23, approximately 0.37 miles north of County
Road 20
Size of Parcel: ± 8 acres
Case Summary:
Parcel No. 1311-13-3-00-022
The applicant, doing business as Elite Drilling LLC, would like to permit the commercial parking and storage
yard for directional drilling equipment and pipe used for drilling conduit associated with public utility lines.
The business currently has twenty-eight (28) employees that arrive in personal vehicles as early as 6:30
a.m. and leave in 10 commercial vehicles. The employees return the commercial vehicles to the site at 5:00
p.m. and leave in their personal vehicles. The commercial vehicles include three (3) tractor trailers and
seven (7) VAC trailers hitched to full-size pickup trucks. A single-family residence is being constructed on
the property and is in the final stages of building inspection, RSN 19-0042.
This case is the result of an active zoning violation, ZCV19-00159, initiated due to the operation of the
drilling business, associated storage and employee parking without first completing the necessary Weld
County zoning permits. The case has been forwarded to the County Attorney's Office. The violation case
cannot be closed until the Conditions of Approval have been completed and the final Use by Special Review
is perfected. Failure to complete the Use by Special Review process will result in the County refiling the
violation case in court. If the application is denied by the Board of County Commissioners, the business,
including, but not limited to, all associated traffic, parking and commercial storage shall be removed from
the property within thirty (30) days of denial or the County will refile the violation case in court.
A personal use building permit, ASN18-0276, was issued for a 3,200 square -foot garage. However, upon
initial inspection on June 6, 2019, the building was being used for the commercial operation and put on
hold. A change of use to the building is required to continue permitting the structure. A site visit by Planning
Staff on November 30, 2020 resulted is the initiation of a building violation. The aforementioned building
was still being used for the commercial operation. An addition to this building not included on the current
permit was built without a building permit. An additional large structure was built behind the home also
without a building permit.
The 24,000 square -foot parking area is surfaced with road base. The access (AP17-00084) is via a shared
easement on the property line recorded on the plat of RECX17-0007, Reception #4299270, onto City of
Fort Lupton -maintained County Road 23. The City provided comments regarding the access that have been
incorporated into Conditions of Approval and Development Standards. The Department of Public Works is
USR20-0028 - Shoemaker
Page 2
requesting a Road Maintenance Agreement for the County -maintained portion of County Road 23. Since
the time of application, two new buildings were add and the annexation of County Road 23 put the location
into an Urbanizing Drainage Area, so the exception to detention design applied for by the applicant no
longer applies and a final drainage report with detention design is required.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE DENIED
BASED ON THE FOLLOWING:
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.5 -- The application complies with Chapter 23, Articles V and XI, of the
Weld County Code.
The property is served by an individual well, permit #310470, and a septic system, permit
#SP -1900082, for the residence. The employees will use portable toilets and bottled water,
as they are onsite for less than two (2) hours per day, which is acceptable per the
Environmental Health Services referral dated October 22, 2020.
The property is not within the Geologic Hazard Overlay District, a Special Flood Hazard
Area or the Airport Overlay District. If approved, building permits issued on the lot will be
required to adhere to the fee structure of the County -Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure
of the County Facility Fee and Drainage Impact Fee Programs.
B. 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 proposed facility is located on approximately 1.7 acres of prime soil if irrigated and 2.3
acres of irrigated, not prime soil per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The property is not currently irrigated and not affecting
prime agricultural land.
3. It is the opinion of the Department of Planning Services' staff that the applicant has not shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-30.A.2. Limit the density and intensify of development to maintain
agricultural areas.
The commercial operation involves ten (10) commercial vehicles and twenty-eight (28)
personal vehicles. The proposal is located in an agricultural area with several rural
residences. The number of vehicle trips per day, seventy-six (76), is not consistent with the
intensity of development in an agricultural area.
Section 22-2-30.C I.
Transition between land use types and intensifies with buffers.
Uses that are incompatible with existing uses must be able to
mitigate conflicts.
While the proposed landscaping and fence will not adequately screen the trucks from
surrounding rural residences and County Road 23.
USR20-0028 - Shoemaker
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Section 22-2-30.D 2.
Ensure that land use change proposals comply with applicable
transportation plans, functional classifications, and access control
plans adopted by the County.
Fort Lupton Comprehensive Plan designates this area as agricultural and rural residential
for future land uses. The City of Fort Lupton, in their September 30, 2020 referral, indicated
that the proposal does not comply with the comprehensive plan and, if approved, requests
adequate buffering to protect agricultural and residential land uses.
Sec. 22-2-40.A.1. Identify target areas where the County is able to encourage
shovel -ready commercial and industrial development.
The proposal is located along County Road 23, a paved arterial road maintained by the
City of Fort Lupton, however, it is two -and -a -half miles from a Weld County Opportunity
Zone, where commercial operations of this intensity would be encouraged.
Sec. 22-2-40.A.5. Encourage agglomeration economies of synergistic businesses.
This would be the first Use by Special Review permit along County Road 23 between
County Road 18 and County Road 22. USR-1639 for a directional drilling company is 0.75
miles north, roughly 0.25 miles north of County Road 22 does not appear to be operating.
Sec. 22-2-50.A.1. Connection to public water and sewer services shall be taken into
consideration for development approval.
The property is adjacent, but not within the Central Weld County Water District 208
boundary.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District.
The proposal is for outdoor storage of public utility -related equipment, permissible with a
USR under Section 23-3-40.Y, and uses similar to the uses listed, oil and gas support and
service (Section 23-3-40.W), as permitted as long as the use complies with the general
intent of the Zone District, Section 23-3-40.KK. The intent of the A (Agricultural) Zone
District 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.
The proposal is not consistent with the intent of the A (Agricultural) Zone District as
the intensity of the use is incompatible with surrounding residences and agricultural
operations.
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 consist of pastures, crops, and rural residences. There are seven
residences within 0.25 miles of the property and the closest residence is approximately
eighty feet to the north.
There are twelve (12) USRs within one mile of the site. USR-812 single family residence;
USR13-0049 non -1041 major facility, sixteen -inch pipeline; SUP -316 natural gas
USR20-0028 - Shoemaker
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compressor station, 1 MUSR17-13-0028 mineral resource development processing; SUP -
209 dairy; USR-1639 directional drilling company; MUSR14-0022 non -1041 major facility
pipeline; USR14-0042 non -1041 high pressure line; USR-1444 gravel mining, SUP -426
mining; 1 MUSR16-11-1774 winery, and USR-1394AM mineral resource development
facility.
The Weld County Department of Planning Services sent notice to nine (9) Surrounding
Property Owners. Planning staff received no correspondence. Even though there was no
surrounding property owner objection, the close proximity of the residences may result in
future conflict. The case is a violation, so there has been at least one complainant and
there may be more in the future. While there are several Use by Special Review permits
within one mile, most are on County Road 25 or 21, not County Road 23. This is the only
commercial operation on this mile of County Road 23. The use is not compatible with
surrounding land uses.
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 site is located within the three (3) mile referral area and Intergovernmental Agreement
Area of the Town of Firestone and the City of Fort Lupton. The City of Firestone indicated
no interest in annexing the property on a Notice of Inquiry response dated July 26, 2020.
The City of Fort Lupton indicated in the June 8, 2020 Notice of Inquiry response, that they
had spoken with the applicant regarding annexation and the applicant was unwilling to
consider annexation. In their September 30, 2020 referral, the City indicated the proposal
does not comply with the comprehensive plan and, if approved, requests adequate
buffering to protect agricultural and residential land uses. Fort Lupton Comprehensive Plan
designates this area as agricultural and rural residential for future land uses. The City
maintains County Road 23 in that area. Site planning criteria have been added as a
Condition of Approval.
E. Section 23-2-220.A.7 — There is adequate provision for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
The intensity of traffic, eighty-six (86) vehicle trips per day and number of employees,
twenty-eight (28) will have a negative impact on the residential and agricultural uses in the
area, even with adequate onsite screening. Therefore, 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 cannot 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 of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
Should the Planning Commission choose to recommend approval, staff recommends that the case be
conditional upon the following:
1. Prior to recording the map:
A. A Landscape and Screening Plan shall be submitted to and approved by the Department of
Planning Services that screens the commercial storage and parking from surrounding
residences and rights -of -way in accordance with Section 23-2-240.A.10 if the Weld County
Code. (Department of Planning Services)
USR20-0028 - Shoemaker
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B. The City of Fort Lupton has jurisdiction over all accesses to County Road 23. Contact the
City to obtain an access permit, as stated in the referral response received September 30,
2020. Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. (Department of Planning Services)
C. A Final Drainage Report and Certification of Compliance stamped and signed by a
Professional Engineer registered in the State of Colorado is required. (Department of Public
Works)
D. 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
Public Works)
E. A Change of Use Permit for a commercial building shall be submitted for the 3200 square -
foot accessory structure associated with ASN18-0276. (Department of Building Services)
F. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR20-0028 (Department of Planning Services)
2. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
3. The attached Development Standards. (Department of Planning Services)
4. Trash collection areas in accordance with Section 23-2-240.A.13 of the Weld County
Code. (Department of Planning Services)
5. Landscaping and screening in accordance with the approved Landscape and
Screening Plan. (Department of Planning Services)
6. Onsite lighting in accordance with Section 23-2-250.D of the Weld County Code.
(Department of Planning Services)
7. Parking areas for vendors, customers and/or employees in accordance with Chapter
23, Article IV, Division 1 and Appendices 23-A and 23-B. (Department of Planning
Services)
8. All signs shall be shown on the map in accordance with Chapter 23, Article IV, Division
2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of
Planning Services)
9. County Road 23 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full
buildout. The applicant shall delineate and label on the site map or plat the future and
existing right-of-way (along with the documents creating the existing right-of-way) and
the physical location of the road. All setbacks shall be measured from the edge of right-
of-way. This road is maintained by Weld County. (Department of Public Works)
10. 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 Public Works)
11. Show and label the drainage flow arrows. (Department of Public Works)
USR20-0028 - Shoemaker
Page 6
12. The City of Fort Lupton has jurisdiction over all accesses to County Road 23. Show
the approved accesses on the map and label with access permit number, if applicable.
(Department of Planning Services)
13. Show 110 feet of City of Fort Lupton future right-of-way for County Road 23, as stated
in the referral response received September 30, 2020. (Department of Planning
Services)
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 be added for
each additional three (3) month period. (Department of Planning Services)
4. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
5. 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)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Elite Drilling LLC c/o Lonnie Shoemaker
USR20-0028
1. A Site Specific Development Plan and Use by Special Review for outdoor storage of public utility -
related equipment and uses (Public Utility Support and Service) similar to the uses listed (oil and gas
support and service) as permitted as long as the use complies with the general intent of the zone district
in the A (Agricultural) Zone District, USR20-0028, subject to the Development Standards stated hereon.
(Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. The hours of operation are 6:30 a.m. - 5:00 p.m. Monday— Sunday. (Department of Planning Services)
4. The number of on -site employees shall be up to twenty-eight (28) as stated in the application materials.
(Department of Planning Services)
5. The number of commercial vehicles shall be up to ten (10), as stated in the application materials.
(Department of Planning Services)
6. The parking area on the site shall be maintained. (Department of Planning Services)
7. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
8. The existing and proposed landscaping and screening on the site shall be maintained in accordance
with the approved Landscape and Screening Plan. Required landscaping and screening shall be
installed within one (1) calendar year of issuance of a building permit or commencement of use,
whichever occurs sooner. Dead or diseased plant materials shall be replaced with materials of similar
quantity and quality at the earliest possible time. (Department of Planning Services)
9. 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 Public Works)
10. 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 Public Works)
11. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
12. 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 Public Works)
13. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Department of Public Works)
14. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site
visit and possible updates. (Department of Public Works)
15. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
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)
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Page 8
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 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)
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. A permanent, adequate
water supply shall be provided for drinking and sanitary purposes. The well permitted as 310470 cannot
be used for the business unless re -permitted for commercial use. (Department of Public Health and
Environment)
22. For employees or contractors on site for less than 2 consecutive hours a day, 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, contain hand
sanitizers and be screened from existing adjacent residential properties and public rights -of -way.
(Department of Public Health and Environment)
23. 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)
24. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties.
Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in
accordance with the map. Neither the direct, nor reflected, light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used
which may be confused with, or construed as, traffic control devices. (Department of Planning Services)
25. Building permits shall be required for any new construction or set up manufactured structure, per
Section 29-3-10 of the Weld County Code. A building permit application must be completed and
submitted. Buildings and structures shall conform to the requirements of the various codes adopted at
the time of permit application. Currently, the following have been adopted by Weld County: 2018
International Building Codes; 2018 International Residential Code; 2006 International Energy Code;
2017 National Electrical Code; and Chapter 29 of the Weld County Code. A plan review shall be
approved, and a permit must be issued prior to the start of construction. (Department of Building
Inspection)
26. 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)
27. 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. (Department of
Planning Services)
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Page 9
28. 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. (Department of Planning Services)
29. The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards. Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners. (Department of Planning Services)
30. 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.
31. 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.
32. 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 person 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.
33. 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
USR20-0028 - Shoemaker
Page 10
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, 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.
USR20-0028 - Shoemaker
Page 11
MEMORANDUM
TO: Weld County Planning Commission
DATE: November 10, 2020
FROM: Angela Snyder
SUBJECT: USR20-0028, Request for Continuance
The sign announcing the public hearing was not posted within 10 days of the hearing date,
November 17, 2020. Staff requests the Planning Commission continue the case to the December
15, 2020 meeting.
October 08, 2020
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: asnyder@weldgov.com
PHONE: (970) 400-3525
FAX: (970) 304-6498
JAMES JASON
Subject: USR20-0028 - A Site Specific Development Plan and Use by Special Review for outdoor
storage of public utility -related equipment and uses (public utility support and service) similar to the uses
listed (oil and gas support and service) as permitted as long as the use complies with the general intent
of the Zone District in the A (Agricultural) Zone District
On parcel(s) of land described as:
LOT B REC EXEMPT RECX17-0007, BEING PART N2SW4 SECTION 13, T2N, R67W OF THE 6TH
P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on November 17, 2020, at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on December
16, 2020 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
If you have any questions concerning this matter, please call.
Respectfully,
Angela Snyder
Planner
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