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USE BY SPECIAL REVIEW PERMIT
STAFF COMMENTS
Michael Hall
Case Number: USR20-0033
Owner: Faith Lutheran Church of Eaton c/o John Maroni
36980 County Road 37, Eaton, CO 80615
Representative: Leffler Engineering c/o Richard Leffler
456 Kathryn Drive, Loveland, CO 80537
Hearing Date: March 16, 2021
Request: A Site Specific Development Plan and Use by Special Review for a Child Care Center,
and associated signage exceeding the Weld County Sign Code standards, outside of
subdivisions and historic townsites in the A (Agricultural) Zone District.
Legal
Description:
Location:
Part of the NW4 of Section 31, T7N, R65W, of the 6th P.M., Weld County, Colorado
South of and adjacent to County Road 76; east of and adjacent to County Road 37; west
of and adjacent to Colorado Highway 85
Acreage: +/- 4.09 acres Parcel No. 0709-31-2-00-001
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 Department of Public Works, referral dated December 8, 2020
■ Weld County Department of Planning Services - Floodplain, referral dated December 7, 2020
■ Weld County Department of Public Health and Environment, referral dated December 29, 2020
■ Weld County Department of Planning Services - Building Inspection, referral dated December 8, 2020
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
■ Weld County Zoning Compliance, referral dated December 7, 2020
■ North Weld County Water District, referral dated December 30, 2020
■ Colorado Department of Transportation, referral dated December 7, 2020
■ Weld County Sheriff's Office, referral dated referral dated December 4, 2020
The Department of Planning Services' staff has not received responses from the following agencies:
■ Town of Ault
■ Town of Eaton
■ Union Pacific Railroad
■ Eaton Fire Protection District
■ Weld County School District RE -2
■ Weld County Office of Emergency Management
■ Colorado Department of Human Services, Office of Early Childhood, Division of Early Care and Learning
USR20-0033 - Faith Lutheran Church of Eaton
Page 1 of 10
CASE SUMMARY:
The applicant is requesting a Site Specific Development Plan and Use by Special Review (USR) Permit
for a Child Care Center (preschool for infants and toddlers), which is a permittable use per Section 23-3-
40.D of the Weld County Code. The property has included a continuously operating preschool since
approximately 1981, for up to twenty eight (28) children and is a grandfathered use at this child limit;
whereas a Child Care Center was first expressly added to the Weld County as a use by right in the A
(Agricultural) Zone District on July 27, 1987, per Ordinance 89-K, Section 31.2.21 and was later re-
classified in the Weld County Code as a use by special review in the A (Agricultural) Zone District on July
25, 1988, per Ordinance 89-P, Section 31.4.19. Therefore, this USR application is the first documented
expansion of the preschool. Per the applicant, the demand for the preschool has grown and this
application seeks to increase the maximum number of children from twenty eight (28) children to forty-five
(45) children. The preschool will be located in the newly remodeled parsonage building (permitted by
CMA20-0034), originally constructed in 1970, located in the south of the parcel.
The subject preschool is a minor component of this property. The primary use of this property is the
existing Faith Lutheran Church of Eaton facility, constructed in 1966. The church is likewise a
grandfathered use; whereas a Church was first added into the Weld County Code as a use by special
review in the A (Agricultural) Zone District on August 10, 1981, per Ordinance 89-P, Section 31.4.5. This
USR does not seek to permit the existing church as this portion of the site not changing.
The preschool is currently operated by a private organization, known as "In the Beginning Infant Toddler
Center (ITC)", care of Maria Kieler - Facility Director, under a lease from the Church. In the future, the
preschool may continue to operate by a third -party or may be assumed under the supervision and
management of the Faith Lutheran Church. This preschool operates independently of church activities
and services. The hours of operation are Sunday, 9:00 am to 7:30 pm and Monday through Friday, 7:00
am to 5:30 pm and includes five (5) to eight (8) staff members. The Facility Director has a Colorado
Permanent Child Care License, effective July 26, 2019 for twenty-five (25) children, this license will need
to be revised to permit forty-five (45) children. The property is served by North Weld County Water
District, account # 1435000 and Town of Eaton sewer, account # 1607510-01.
The preschool has constructed a thirty-two (32) square -feet freestanding sign, visible from Highway 85
and is requested to be approved by the Board of County Commissioners as part of this USR request. The
sign exceeds the Weld County Sign Code, which allows for a maximum of sixteen (16) square feet. There
is existing signage for the church elsewhere on the property. A playground is located east of the
preschool building and is surrounding by 4 -foot tall chain link fencing. No other structures, landscaping,
screening, et cetera are requested and no changes to access or site layout 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 of the Weld County Code states: "Respecting Private Property Rights. One
of the basic principles upon which the United States of America was founded is the right of
citizens to own and utilized property so long as that use complies with local regulations and
does not interfere with or infringe upon the rights of others."
The proposed application respects private property rights by allowing an existing use and
existing structure to be utilized in a way that better supports the needs of the community, by
providing expanded operating parameters to a daycare service. The existing site activities,
being the church and preschool, have successfully co -existed with the surrounding properties
USR20-0033 - Faith Lutheran Church of Eaton
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for several decades. This request complies with County Regulations and does not negatively
impact surrounding land uses.
Section 22-2-30.C.6 of the Weld County Code states: "Encourage the preservation,
restoration and reuse of historical structures and landmarks."
The existing brick, one-story plus basement, parsonage building, constructed in 1970, has
been utilized on and off as a residence and now for a preschool, mutually functioning with the
on -site church. The reuse of the parsonage building for the preschool as well as the increase
in number of children allows for an existing structure to be fully utilized, rather than
constructing a new building or relocating the preschool.
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."
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.D. — Uses by special review, of the Weld County Code includes, "Child Care
Centers."
This code section allows the applicant to apply for the subject USR for a Child Care Center in
the A (Agricultural) Zone District. Child Care Centers are facilities used for the care of five (5)
of more children who are eighteen (18) years of age or younger, not related to the facility
owner, operator or manager. Uses by special review are activities that have been deemed
potentially compatible with other land uses in the underlying zone district but may have a
greater impact and/or must be properly mitigated to ensure harmony between differing land
uses.
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 predominately zoned A (Agricultural) and include limited C-3
(Business Commercial) areas to the northwest. Town of Eaton municipal limits are located to
the south and east. The surrounding land uses consist of production agriculture,
neighborhood and rural residential uses and limited businesses along US Highway 85,
permitted by several Site Plan Reviews. The closest residence is approximately 180 feet
south of the parsonage. The next closest residence is approximately 230 feet west. There are
no USRs within one (1) mile of the site.
Weld County Department of Planning Services staff sent notice to ten (10) surrounding
property owners within 500 feet of the proposed USR boundary. No written correspondence
or telephone calls were received.
Because the preschool is existing and has operated out of the church since 1981 without
issue, the facility appears to be compatible with the area and should not detract from other
landowners' ability to enjoy or use their properties.
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
USR20-0033 - Faith Lutheran Church of Eaton
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development as projected by Chapter 22 of this Code or master plans of affected
municipalities.
This site is located within both the Town of Ault and Town of Eaton Coordinated Planning
Agreement boundaries. Ault and Eaton returned Notice of Inquiry forms dated October 12,
2020 and August 12, 2020, respectively. Both forms indicated no concerns and did not wish
to annex the parcel.
The site is located within the three (3) mile municipal referral radius of the Town of Ault and
Town of Eaton. The Eaton municipal limits are located directly south and east of the Faith
Lutheran Church parcel; Eaton did not return a referral response. Ault did not return a referral
response.
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 located within a Special Flood Hazard Area. The Department of
Planning Services - Floodplain referral dated December 7, 2020, provided conditions and
considerations for development within this area. No occupied structures are located in the
flood hazard areas.
The proposed facility is not located within the Municipal Separate Storm Sewer System
(MS4) area, Greeley -Weld County Airport Overlay District, Geologic Hazard Overlay District
or Historic Townsite Overlay District.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program, 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 site is located on soils that are designated as "Prime if Irrigated" Farmlands. However,
the property is not irrigated and the proposed USR is located on an already developed site
and will not remove any irrigated agricultural land from 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.
The, Weld County Departments of Planning Services - Building Inspection, Planning Services
- Floodplain, Public Health and Environment, and Public Works referrals provide additional
background and advisory information regarding designing and operating the site to protect
with 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:
USR20-0033 - Faith Lutheran Church of Eaton
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1. Prior to recording the map:
A. A Road Maintenance Agreement is required at this location. Road maintenance includes, but
is not limited to, dust control and damage repair to specified travel routes. (Department of
Public Works)
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR20-0033. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4) Show and label any existing structures and miscellaneous improvements.
(Department of Planning Services)
5) Show and label the location of any existing buffering, landscaping, screening, fencing
and gates. 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. 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. Signs shall adhere to the
Weld County unless otherwise permitted by this USR. (Department of Planning
Services)
7) Show and label the location of the trash collection areas. 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 any on -site lighting. 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)
9) Show and label the on -site parking with surface type and stall dimensions. Refer to
Chapter 23, Article IV, Division 1 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 and
wellheads, 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) 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)
13) County Road 37 (also known as Cheyenne Avenue) is a paved 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 Public Works)
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14) 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 Public Works)
15) Show and label the drainage flow arrows. (Department of Public Works)
16) Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
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. Any construction in the floodplain requires a floodplain permit. (Department of Planning
Services -Floodplain)
USR20-0033 - Faith Lutheran Church of Eaton
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Faith Lutheran Church of Eaton
Child Care Center
USR20-0033
1. A Site Specific Development Plan and Use by Special Review, USR20-0033, for a Child Care
Center, and associated signage exceeding the Weld County Sign Code standards, 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 are Sunday 9:00 pm to 7:30 pm, and Monday through Friday, 7:00 am to
5:30 pm, year round, as requested in the application materials. (Department of Planning
Services)
4. The maximum number of children allowed at any given time at the Child Care Center is forty-five
(45), as requested in the application materials. (Department of Planning Services)
5. Adequate staff shall be on -site when the Child Care Center is in operation. (Department of
Planning Services)
6. The Child Care Center operator shall maintain and comply with a valid Permanent Child Care
License, administered through the Colorado Department of Human Services, Office of Early
Childhood, Division of Early Care and Learning. (Department of Planning Services)
7. The Child Care Center shall maintain compliance with Eaton Fire Protection District requirements.
(Department of Planning Services)
8. The existing fencing, landscaping and screening 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 or as other permitted by this USR. (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 -1237E effective date January 20, 2016 (Mead Lateral
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)
USR20-0033 - Faith Lutheran Church of Eaton
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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 facility
shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of
Public Health and Environment)
14. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and patrons
of the facility, at all times. The facility shall use the existing public water supply. (North Weld
Water District). (Department of Public Health and Environment)
15. The facility shall use the existing public sewer system. (Town of Eaton). (Department of Public
Health and Environment)
16. The facility shall comply with Colorado Retail Food Establishment Rules and Regulations
governing the regulation of food service establishments, as applicable. (Department of Public
Health and Environment)
17. The applicant shall comply with Rules and Regulations Governing the Health and Sanitation of
Child Care Facilities issued by the Colorado Department of Public Health and Environment.
(Department of Public Health and Environment)
18. The applicant shall comply with the General Rules for Child Care Facilities issued by the
Colorado Department of Human Services, Division of Child Care. (Department of Public Health
and Environment)
19. 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)
20. 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)
21. 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)
22. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
23. 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)
24. The Property Owner shall comply with all requirements provided in the executed Road
Maintenance Agreement. (Department of Public Works)
25. 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)
26. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Public Works)
27. Weld County is not responsible for the maintenance of on -site drainage related features.
(Department of Public Works)
28. Building permits shall be required for any new construction (buildings and/or structures) 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 Chapter 29 of the Weld
County Code, and the adopted codes at the time of permit application. Currently, the following
have been adopted by Weld County: 2018 International Building Codes; 2006 International
Energy Conservation Code; 2017 National Electrical Code. (Department of Building Inspection)
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29. A complete code analysis prepared by a registered design professional is required and shall be
submitted with all Commercial Building Permit Applications to Weld County. A Floor Plan shall be
submitted showing room dimensions, room uses, along with details showing compliance with
Accessibility requirements and currently adopted building codes. (Department of Building
Inspection)
30. All new Commercial Building Projects require Fire District Notification (letter or email form). Proof
shall be submitted with Commercial Permit applications. Final Fire District Approval is also
required prior to issuing a Certificate of Occupancy. (Department of Building Inspection)
31. 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.
32. 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.
33. 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.
34. 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.
35. 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
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Page 9 of 10
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.
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January 26, 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
LEFFLER RICHARD
456 KATHRYN DRIVE
LOVELAND, CO 80615
Subject: USR20-0033 - A Site Specific Development Plan and Use by Special Review for a Child Care
Center outside of subdivisions and historic townsites in the A (Agricultural) Zone District.
On parcel(s) of land described as:
PART NW4 SECTION 31, T7N, R65W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on March 16, 2021 at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on March 31, 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 ctfu I ly,
77.
'Michael Hall
Planner
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