HomeMy WebLinkAbout20210441.tiffMEMORANDUM
TO: Planning Commission
DATE: February 9, 2021
•FROM: Chris Gathman C' -
SUBJECT: USR20-0022 Continuance Request
The Planning Commission hearing for USR20-0022 was continued until Tuesday, January 19 to allow
the applicant time to modify their USR footprint and continue outreach to neighboring property owners.
The applicant had the opportunity to discuss screening with an adjacent property owner regarding
screening. The applicant wishes to put a temporary section of screening to make sure it is feasible for the
applicant and the adjacent property owner.
In order to do this, the applicant is requesting that the Planning Commission Hearing originally scheduled
for today — be continued until Tuesday, February 2nd. The Board of County Commissioners hearing
date is Wednesday, February 17tH
Staff has discussed the proposed continuance with the neighboring property owner and he is support of
the request.
Given that the applicant is working on finalizing screening arrangements with the neighboring property
owner and no other objections have been received from other surrounding property owners — the
Department of Planning Services is in support of the request.
Planner:
Chris Gathman
Case Number: USR20-0022
Applicant:
Representative:
Request:
Address:
Legal
Description:
Location:
Size of Parcel:
LAND USE APPLICATION
SUMMARY SHEET
151 Development Group (David Lee)
Hearing Date: February 2, 2021
Eric Wernsman — Wernsman Engineering and Land Development LLC
A Site Specific Development Plan and Use by Special Review for an Oil and Gas
Support and Service Use (Outside Storage of Oil Field Support Equipment and
Supplies) and more than the number of Cargo Containers allowed by Section 23-
3-30 of the Weld County Code
19234 County Road 1, Longmont, Colorado 80503
Part SW4 of Section 19, T3N, R68W of the 6th PM, Weld County, Colorado
North of and adjacent to State Highway 66 and east of and adjacent to County
Road 1.
± 43.9 acres Parcel No. 1207-19-3-00-030
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 Health and Environment, referral dated September 29, 2020
Weld County Department of Public Works, referral dated September 21, 2020
Weld County Zoning Compliance, referral dated September 23, 2020
Colorado Department of Transportation, electronic mail referral dated September 12, 2020
Mountain View Fire Rescue, referral dated September 10, 2020
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Y Town of Firestone, referral dated September 9, 2020
Y RE -1J (St. Vrain Valley) School District, electronic mail referral dated September 10, 2020
Y Weld County Sheriff's Office, referral dated September 9, 2020
Y Town of Mead, referral dated September 11, 2020
The Department of Planning Services' staff has not received responses from the following agencies:
Y Colorado Parks and Wildlife
Y Oil & Gas Conservation Commission
Y City of Longmont
Y Boulder County
Y Longmont Soil Conservation District
Y Crestone Peak Resources
USR20-0022 — 151 Development Group
Page 1
Planner:
Chris Gathman
Case Number: USR20-0022
Applicant:
Representative:
Request:
Address:
Legal
Description:
Location:
Size of Parcel:
Case Summary:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
151 Development Group (David Lee)
Hearing Date: February 2, 2021
Eric Wernsman — Wernsman Engineering and Land Development LLC
A Site Specific Development Plan and Use by Special Review for an Oil and Gas
Support and Service Use (Outside Storage of Oil Field Support Equipment and
Supplies) and more than the number of Cargo Containers allowed by Section 23-
3-30 of the Weld County Code
19234 County Road 1, Longmont, Colorado 80503
Part SW4 of Section 19, T3N, R68W of the 6th PM, Weld County, Colorado
North of and adjacent to State Highway 66 and east of and adjacent to County
Road 1.
± 43.9 acres Parcel No. 1207-19-3-00-030
The proposal is outside storage of oil field support and service equipment and supplies including pipes,
tanks, separators, loaders, backhoes, trucks, trailers, pickups within an enclosed area. Additionally, up to
twenty (20) conex containers maybe added to store smaller items. There will be no onsite employees
associated with this site. The site is proposed to be accessed during daylight hours, seven (7) days a week,
year-round. The application indicates that there will be less than ten (10) people onsite at any one time.
This application was submitted in response to a zoning violation initiated under case # ZCV20-00100 due
to the addition of a commercial business without obtaining the appropriate land use permits and presence
of a manufactured structure (home or office without permits). No other structures are proposed. The
application was initiated due to storage of oil and gas equipment from a tenant who moved from a revoked
USR site off of State Highway 85. USR12-0019 was revoked as storage of this oil and gas equipment was
not a permitted use.
The existing storage area is in the northeastern portion of the property adjacent to the existing outbuildings
on the property. Many of the outbuildings were associated with a dairy facility that was located on the
property in the past. Under this USR application, the applicant is proposing to expand the existing
unpermitted storage area to the west toward County Road 1.
Originally the applicant proposed that the storage area be expanded to the west (immediately to the east
of County Road 1). The applicant has reduced the storage area to include the area of disturbance by
existing oil and gas production facilities on -site. The setback from County Road 1 will be increased to
approximately 440 -feet under this revised map.
If this application is denied, Compliance staff asks the Board of County Commissioners to refer this Zoning
Violation (ZCV20-00100) case to the County Attorney's Office, but to delay legal action for thirty (30) days
in order to allow for all commercial storage and the manufactured structure to be removed from the property.
USR20-0022 — 151 Development Group
Page 2
The applicant has applied for a subdivision exemption (SUBX20-0011) to increase the size of the adjacent
parcel where the manufactured home is located and apply for a Zoning Permit for Certain Uses in the
Agricultural Zone District (ZPAG), Second Single -Family Dwelling. Because the manufactured home is to
be located on a different property it is not a part of this application.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED 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.1 -- The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect.
Section 22-2-30.C of the Weld County Code states: "Harmonize development with surrounding
land uses."
The applicant has been working with a neighboring property owner to the northeast of the site (an
objector) to install screening to screen and mitigate the look of the use from this property.
Land intensities with buffers. Uses that are incompatible with existing uses must be able to mitigate
conflicts."
The proposed use will be located in the vicinity of existing residences across County Road 1 to the
west and rural residential lots to the north and east. The applicant has amended the storage area
to be predominately located in areas in the vicinity of County Road 1 and has increased the setback
of the facility from County Road 1 by approximately 440 -feet.
Section 22-2-60.B.3 states: "Require that energy and mineral resource development conserve the
land and minimize the impact on the surrounding land and existing surrounding land uses."
The storage area will be located adjacent to existing oil and gas improvements on the property. A
landscape and screening plan is attached as a condition of approval to screen the oil and gas
equipment storage area from adjacent properties and rights -of -way.
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 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."
The proposed use is a support use for natural resource extraction and energy development uses.
No agricultural land (cropland) will be removed as a result of this use.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
Some small-scale cropland and two single-family residences are located to the west, across County
Road 1. Single-family residences are located on rural properties to the north and east. A single-
family residence is located to the south and two subdivisions (Seemore Heights and Nesting Crane
PUD) are located to the south and southeast. An indoor RV storage USR is located to the north
USR20-0022 — 151 Development Group
Page 3
(USR19-0006) and a kennel operation (USR14-0040) is located to the southwest. A USR (USR-
1738) for a tree recycling/mulch business and a landscape business (USR-1440) are located
approximately 800 -feet to the north.
Staff received a phone call from one (1) surrounding property owner expressing concern that oil
and gas equipment continues to be brought into the site and the proximity of the storage area to
neighboring properties. No other phone calls or correspondence has been received from
surrounding property owners concerning this application.
The extent of the existing storage area has not increased since the application was submitted. The
applicant has been working with the surrounding property owner to establish screening to mitigate
the appearance of the facility from his property and has moved/relocated existing oil and gas
equipment that was installed immediately adjacent to the fence on the eastern boundary of the
storage area.
The applicant has redesigned the facility to move the boundaries of the storage area further away
from residences on County Road 1.
The traffic associated with this proposed use is relatively low (approximately 60 roundtrips per
month for semis and trailers and approximately 60 round trips per day for passenger vehicles).
Conditions of Approval and Development Standards, including requiring a Landscape and
Screening Plan screening the storage area on all sides, will mitigate impacts and assist in ensuring
compatibility with existing 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 areas of the Town of Firestone, City of Longmont
and Town of Mead. The Town of Mead Municipal limits are approximately 950 -feet to the east of
this property and the City of Longmont is in the proximity to the southwest corner of the County
Road 1/State Highway 66 intersection. No referral response was received from the City of
Longmont. The Town of Firestone in their referral comments, dated September 9, 2020 indicated
that they have no concerns. The site is located within the Coordinated Planning Agreement Area
of the Town of Mead. The Town of Mead responded in a Notice of Inquiry dated July 22, 2020 that
they were not interested in pursuing annexation with the applicant. Town of Mead in their referral
response dated September 11, 2020 indicated no conflict with their interests, however the Town of
Mead provided an updated referral response dated December 11, 2020 stating that the proposed
use does not comply with their Comprehensive Plan future land use designations. It should be
noted that the Town of Mead stated in their e-mail attachment dated December 11, 2020 that they
had no intentions to annex or seek to annex the property at this time. No other objections to the
use were mentioned in the Town of Mead referral.
The Mead Comprehensive Plan identifies the area around the intersection of County Road 1 and
State Highway 66, including this property, as outside of the Town Limits but within the 2018 Mead
Planning Influence Area with proposed uses designated as MU -RC (Mixed Use — Residential
Commercial. The Town of Mead Comprehensive Plan delineates MU -RC as "a mix of large lot,
single-family, multi -family, and senior housing, supported by small pockets neighborhood -serving
commercial uses."
The proposed use will only occupy a portion of the property (largely around areas disturbed by
existing oil and gas production and staging areas) and will be located approximately 500-600 feet
north of the County Road 1/State Highway 66 intersection. The proposed storage area (since the
original submittal) has been reduced in area and set back further from County Road 1 to the west.
Additionally, traffic associated with the facility (eight -round trips per day) will be minimal. Conditions
of approval and development standards (requiring the facility to be screened from all sides) will
assist in ensuring compatibility with future development should it occur on this site or adjacent sites.
USR20-0022 — 151 Development Group
Page 4
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld
County Code.
The property is not within the Geologic Hazard Overlay District, a Special Flood Hazard Area or
the Airport 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. Building Permits issued on the proposed
lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact
Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The proposed facility is located on approximately 46.7 acres identified as "Other" with a small
portion in the NE corner identified as "Prime" per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The area in the northeast corner of the site is occupied by an
existing oil and gas production facility. No existing farmground will be taken out of production under
this USR.
G. Section 23-2-220.A.7 — There are 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 will 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, the Department of Planning Services
recommends the following conditions:
1. Prior to recording the map:
A. An Improvements and Road Maintenance Agreement is required for off -site improvements
at this location. Road maintenance includes, but is not limited to, dust control and damage
repair to specified haul routes. The Agreement shall include provisions addressing
engineering requirements, submission of collateral, and testing and approval of completed
improvements. (Department of Public Works)
B. 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)
C. A Decommissioning Plan shall be submitted to and approved by the Department of Planning
Services. (Department of Planning Services)
D. A Landscape and Screening Plan shall be submitted to and accepted by the Department of
Planning Services that screens the site from the Surrounding Property Owners and rights -of -
way on all sides. If landscaping is proposed — a long-term irrigation source and irrigation
plan detailing the irrigation and maintenance of landscaping shall be submitted for review
and approval. (Department of Planning Services)
E. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR20-0022 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
USR20-0022 — 151 Development Group
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3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. County Road 1 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)
5. Show and label the approved access locations, approved access width and the
appropriate turning radii (60') on the site plan. The applicant must obtain an access
permit in the approved location(s) prior to operation. (Department of Public Works)
6. Show and label the approved tracking control on the site plan. (Department of Public
Works)
7. 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)
8. Show and label the accepted drainage features. Stormwater ponds should be labeled
as "Stormwater Detention, No -Build or Storage Area" and shall include the calculated
volume. (Department of Public Works)
9. Show and label the drainage flow arrows. (Department of Public Works)
10. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
11. The applicant shall delineate on the map the trash collection areas. Section 23-2-
240.A.13 of the Weld County Code addresses the issue of trash collection areas.
(Department of Planning Services)
12. The map shall delineate the landscaping and screening in accordance with the
accepted Landscape and Screening Plan. (Department of Planning Services)
13. The map shall delineate the onsite lighting in accordance with the accepted Lighting
Plan. (Department of Planning Services)
14. All signs shall be shown on the map and 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)
15. The map shall delineate the parking area for the vendors, customers and/or
employees. (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
USR20-0022 — 151 Development Group
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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. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
B. 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)
USR20-0022 — 151 Development Group
Page 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
151 Development Group
USR20-0022
1. A Site Specific Development Plan and Use by Special Review for an Oil and Gas Support and Service
Use (Outside Storage of Oil Field Support Equipment and Supplies) and more than the number of
Cargo Containers allowed by Section 23-3-30 of the Weld County Code, USR20-0022, 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 shall only occur during daylight hours (7 days a week).
4. Any equipment and supplies over thirty (30) feet in height shall be stored horizontally.
5. The parking and storage area on the site shall be maintained.
6. 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)
7. The existing and proposed landscaping and screening on the site shall be maintained in accordance
with the accepted Landscape and Screening Plan.
S. 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.
9. Dead or diseased plant materials shall be replaced with materials of similar quantity and quality at the
earliest possible time. (Department of Planning Services
10. The Property Owner shall maintain compliance with the accepted Decommission Plan.- (Department
of Planning Services)
11. 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)
12. 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)
13. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
14. 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)
15. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
16. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit
and possible updates. (Department of Public Works)
17. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Department of Public Works)
18. 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)
USR20-0022 — 151 Development Group
Page 8
19. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
20. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
21. 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)
22. 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)
23. 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)
24. 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)
25. Adequate drinking, hand washing and toilet facilities shall be provided for employees, at all times. 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 public view. (Department of Public Health and Environment)
26. 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)
27. Lighting shall be maintained in accordance with the accepted Lighting Plan (Department of Planning
Services)
28. 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)
29. 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)
30. 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)
USR20-0022 — 151 Development Group
Page 9
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. (Department of
Planning Services)
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. (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. (Department of Planning Services)
34. 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.
35. 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.
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 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.
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.
USR20-0022 — 151 Development Group
Page 10
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, 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.
USR20-0022 — 151 Development Group
Page 11
MEMORANDUM
TO: Planning Commission
FROM: Zackery Roberson, Public Works
DATE: February 1, 2021
SUBJECT: USR20-0022
The Department of Public Works is requesting the following Development standards to be added to the
draft resolution.
A new development number 16 and 17 is proposed.
• The site shall comply with Colorado Department of Transportation SH 66 access control plan.
• The site shall comply with SH 66 Planning and Environmental Linkage Study "PEL".
Kristine Ranslem
From:
Sent:
To:
Cc:
Subject:
Follow Up Flag:
Flag Status:
David Lee <dplee67@gmail.com>
Tuesday, December 15, 2020 8:35 AM
Chris Gathman
Kristine Ranslem; Eric Wernsman
USR20-0022 request for continuance
Follow up
Flagged
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Hello Chris and Kristine,
Please forward this letter for today's meeting.
Would you confirm receipt of this email.
Thank you,
David
To: Weld County Planning Commission
We would like to request a continuance to move our planning commission hearing scheduled today
for USR20-0022.
We would like to reduce our overall size/footprint and have a better plan that works for all involved.
This additional time will allow us to work with our surrounding neighbors and complete our
engineering for the revised plan..
We would hope to be on the January 19th agenda.
Thank you,
David P. Lee
Owner
720-319-3489
Eric Wernsman
Wernsman Engineering and Land Development LLC
i
Cell 970-539-2656
2
October 13, 2020
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: cgathman@weldgov.com
PHONE: (970) 400-3537
FAX: (970) 304-6498
WERNSMAN ERIC
16495 ESSEX ROAD S
FORT LUPTON, CO
Subject: USR20-0022 - A Site Specific Development Plan and Use by Special Review Permit for an Oil
and Gas Support and Service (Outside Storage of Oil Field Support Equipment and Supplies) and more
than the number of Cargo Containers allowed by Section 23-3-30 of the Weld County Code (up to 20
cargo containers) in the A (Agricultural) Zone District.
On parcel(s) of land described as:
PART SW4 SECTION 19, T3N, R68W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on December 15, 2020, at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on January 13,
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
If you have any questions concerning this matter, please call.
Respectfully,
Chris Gathman
Planner
Hello