HomeMy WebLinkAbout20203410.tiffMEMORANDUM
To: Planning Commission
From: Diana Aungst, Planner II
Subject: Continuation of USR20-0017
Date: October 2, 2020
The applicant sent the mineral owner notice out on September 29, 2020. The mineral owner
notification for USR20-0017 did not meet the 30 -day deadline as required. In order to meet this
deadline this item will need to be continued to the Planning Commission hearing on November
3, 2020.
The Department of Planning Services is in support of this continuation.
Planner:
Case Number:
Applicant:
Representative:
Request:
Address:
Legal
Description: R64W of the 61h P.M. Weld County, Colorado
Location:
LAND USE APPLICATION
SUMMARY SHEET
Diana Aungst Hearing Date: October 6, 2020
USR20-0017
Ten Sleep Investment Group, LLC
c/o Richard Miller
1707 361h Avenue Court
Greeley, CO 80634
Alles Taylor and Duke
c/o Mark Taylor
3610 35th Avenue Unit #6
Evans, CO 80620
A Site Specific Development Plan and Special Review Permit, USR20-0017, for Oil
and Gas Support and Service (the parking, staging and storage of equipment:
scrapers, dozers, road graders, company vehicles, semi -trucks, and ancillary
equipment for production unit set up (oil and gas well pad set-up) and maintenance);
a Roustabout; four (4) cargo (conex) containers; and three (3) 40'x60' storage and
maintenance shops outside of subdivisions and historic townsites in the A (Agricultural)
Zone District
27808 County Road 50
Kersey, CO 80644
Lot B of Recorded Exemption RE -683 being part of the NE4NE4 Section 3, T4N,
South of and adjacent to County Road 50 and approximately 400 feet west of County
Road 57
Size of Parcel: +/- 21.25 acres Parcel No: 1053-03-0-00-020
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 July 31, 2020
Y Weld County Department of Public Health and Environment, referral dated August 24, 2020
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Y Colorado Parks and Wildlife, referral dated July 29, 2020
Y Weld County Sheriff's Office, referral dated August 7, 2020
Y Weld County Zoning Compliance, referral dated July 30, 2020
Y Weld County School District RE -7, referrals dated July 29, 2020
USR20-0017 - Ten Sleep Investment Group, LLC
Page 1
Platte Valley Fire Protection District, referral dated July 30, 2020
Y Central Weld County Water District, referral dated August 20, 2020
West Greeley Conservation District, referral dated August 10, 2020
State of Colorado, Division of Water Resources, referral dated August 3, 2020
The Department of Planning Services' staff has not received responses from the following agencies:
▪ Kerr-McGee
▪ Town of Kersey
▪ Noble Energy, Inc
▪ Weld County Assessor's Office
USR20-0017 - Ten Sleep Investment Group, LLC
Page 2
Planner:
Case Number:
Applicant:
Representative:
Request:
Address:
Legal
Description: R64W of the 61h P.M. Weld County, Colorado
Location:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Diana Aungst Hearing Date: October 6, 2020
USR20-0017
Ten Sleep Investment Group, LLC
c/o Richard Miller
1707 361h Avenue Court
Greeley, CO 80634
Alles Taylor and Duke
c/o Mark Taylor
3610 35th Avenue Unit #6
Evans, CO 80620
A Site Specific Development Plan and Special Review Permit, USR20-0017, for Oil
and Gas Support and Service (the parking, staging and storage of equipment:
scrapers, dozers, road graders, company vehicles, semi -trucks, and ancillary
equipment for production unit set up (oil and gas well pad set-up) and maintenance);
a Roustabout; four (4) cargo (conex) containers; and three (3) 40'x60' storage and
maintenance shops outside of subdivisions and historic townsites in the A (Agricultural)
Zone District
27808 County Road 50
Kersey, CO 80644
Lot B of Recorded Exemption RE -683 being part of the NE4NE4 Section 3, T4N,
South of and adjacent to County Road 50 and approximately 400 feet west of County
Road 57
Size of Parcel: +/- 21.25 acres Parcel No: 1053-03-0-00-020
Case Summary:
The applicant is requesting a USR for the parking, staging and storage of equipment including scrapers,
dozers, road graders, company vehicles, semi -trucks, and ancillary equipment. Set up of oil and gas well
pads along with the maintenance is the primary business there is also a roustabout component. There will
be four (4) cargo (conex) containers and three (3) 40'x60' storage and maintenance shops on the site. The
application materials state that there will be up to four (4) full time employees and the hours of operation
are 6:00 a.m. to 5:00 pm Monday through Friday.
Currently the site is surrounded by pipe fencing. The application materials show the addition of trees and
a three (3) -foot berm from the driveway to the eastern property line along County Road 50. The berm within
the site along the eastern side of the storage yard will be one (1) foot in height. There is a Condition of
Approval for a Landscape Plan that requires that the landscaping screen the storage yard and extend the
entire length of the property line along County Road 50.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
USR20-0017 - Ten Sleep Investment Group, LLC
Page 3
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 22-2-20.G- A. Goal 7 states "County land use regulations should protect the individual
property owner's right to request land use change."
The application is proposing to utilize a portion of a -22-acre parcel to locate their equipment
and storage yard. Specifically, this site will be used for the parking, staging and storage of
equipment like scrapers, dozers, road graders, company vehicles, semi -trucks, and ancillary
equipment for production unit set up (oil and gas well pad set-up) and maintenance. The
applicant also stated that there will be four (4) cargo (conex) containers. There will be three (3)
40'x60' pole barn style storage and maintenance shops constructed as needed. The existing
house will be used as a caretaker residence.
Section 22-4-70.A - N. Goall. states "Minimize the impact of noise on County residents."
The pole barns are being constructed for shops and maintenance of equipment and trucks.
Weld County Department of Public health and Environment has set a Residential Zone noise
limit for this facility that will be measured at 25 -feet from the property line to ensure compatibility
with adjacent and area property owners.
Section 22-2-80.F.2. - I.Policy 6.2. states "Support the use of visual and sound barrier
landscaping to screen open storage areas from residential uses or public roads."
A Landscape and Screening Plan has been requested as a Condition of Approval to separate
the business from adjacent properties and rights -of -way.
The proposed use is in an area that can support this development, as the required screening,
the Development Standards, and the Conditions of Approval will assist in mitigating the impacts
of the facility on the adjacent properties and ensure compatibility with surrounding land uses
and the region.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
Weld County Code, Chapter 23, Article Ill, Division 1, Section 23-3-40.C allows for more than
the number of cargo containers allowed by Section 23-3-30; and
Section 23-3-40.W allows for Oil and Gas Support and Service, including parking and
maintenance of exploration, production or workover equipment, storage yards for road and
pipeline construction contractors, and production unit set-up.
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.
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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 three residences
within 500 feet of the site. The closest residence is about 90 feet east of the eastern property
line.
The Weld County Department of Planning Services sent notice to seven (7) Surrounding
Property Owners. Planning staff received one letter dated September 29, 2020, with concerns
about views, noise, safety, traffic, and property values. The letter was forwarded to the
applicant for review and response. No response had been received prior to the Planning
Commission hearing.
There are five (5) USRs within one mile of the site. USR13-0064 for a 16 -inch natural gas line
and USR15-0064 for agricultural services are located north of the site. USR12-0054 for parking,
staging and maintenance of oil and gas water service trucks and USR17-0076 for agricultural
and horticultural services are located west of the site. USR18-0031 for semi -truck parking is
located east of the site.
Based on referral agency responses, the proposed use is in an area that can support this
development. The Conditions of Approval require that the applicant submit a Lighting Plan, a
Road Maintenance Agreement, and a Landscape/Screening Plan. The Development
Standards and Conditions of Approval will assist in mitigating the impacts of the facility on the
adjacent properties and ensure compatibility with surrounding land uses and the region.
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 also located within the Coordinated Planning Agreement (CPA) boundary and three
(3) mile referral area for the Town of Kersey. As part of the pre -application process, the Town
of Kersey was notified of the proposal by Planning staff and was provided Notice of Inquiry
forms by the applicant. The Town of Kersey returned a Notice of Inquiry form dated July 9,
2020, which stated, "Please make sure there is appropriate screening for any outdoor storage."
No further referral response was received from the Town of Kersey.
Even though the CPA of the Town of Kersey extends to County Road 48 the Kersey
Comprehensive Plan shows the Kersey Influence Area extending only to County Road 50.
Therefore, the Future Land Use Map for the Town of Kersey does not delineate future uses for
the subject property.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the
Weld County Code.
The site is not located within any overlay district officially adopted by the County, including A-
P (Airport) Overlay District, Geologic Hazard Overlay District, MS4 - Municipal Separate Storm
Sewer System area, Special Flood Hazard Area, 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. 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.
USR20-0017 - Ten Sleep Investment Group, LLC
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The proposed facility is located on soils designated as "Prime (Irrigated)" per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. This site has historically been
used as residential and to grow hay and other agricultural uses. This USR will take
approximately five (5) acres of Prime (Irrigated) Farmland out of production. The remainder of
the property is going to continue in agricultural 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.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. A Lighting Plan shall be submitted to and approved by the Department of Planning Services.
(Department of Planning Services)
B. A Landscape and Screening Plan shall be submitted to and approved by the Department of
Planning Services that screens the site from the Surrounding Property Owners and rights -of -
way. (Department of Planning Services)
C. 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)
D. 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)
E. An On -Site Wastewater Treatment System (OWTS) is required for the main shop and shall be
designed and installed according to the Weld County On -Site Wastewater Treatment System
(OWTS) regulations. The OWTS is required to be designed by a Colorado Registered
Professional Engineer. (Department of Public Health and Environment)
F. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR20-0017 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. The 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)
5. The map shall delineate the landscaping and screening in accordance with the approved
Landscape and Screening Plan. (Department of Planning Services)
6. The map shall delineate the onsite lighting in accordance with the approved Lighting Plan.
USR20-0017 - Ten Sleep Investment Group, LLC
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(Department of Planning Services)
7. The map shall delineate the parking area for the vendors, customers and/or employees.
(Department of Planning Services)
8. 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)
9. County Road 50 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 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)
11. Show and label the approved tracking control on the site plan. (Department of Public
Works)
12. 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)
13. 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)
14. Show and label the drainage flow arrows. (Department of Public Works)
15. 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 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)
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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)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Ten Sleep Investment Group, LLC c/o Richard Miller
USR20-001 7
1. A Site Specific Development Plan and Special Review Permit, USR20-0017, for Oil and Gas Support
and Service (the parking, staging and storage of equipment: scrapers, dozers, road graders, company
vehicles, semi -trucks, and ancillary equipment for production unit set up (oil and gas well pad set-up)
and maintenance); a Roustabout; four (4) cargo (conex) containers; and three (3) 40'x60' storage and
maintenance shops 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 6:00 a.m. - 5:00 p.m. Monday — Friday. (Department of Planning Services)
4. The number of on -site employees shall be up to four (4), as stated in the application materials.
(Department of Planning Services)
5. The existing and proposed parking area on the site shall be maintained. (Department of Planning
Services)
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 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)
8. 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)
9. 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)
10. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
11. 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)
12. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Department of Public Works)
13. 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)
14. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
15. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
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16. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface
and groundwater contamination. (Department of Public Health and Environment)
17. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
18. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall
operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public
Health and Environment)
19. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with
the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and
Environment)
20. The facility shall 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. (Department of Public Health and
Environment)
22. All chemicals must be handled in a safe manner in accordance with product labeling and in a manner,
that minimizes the release of hazardous air pollutants (HAPs) and volatile organic compounds (VOCs).
All chemicals must be stored securely, on an impervious surface, and in accordance with
manufacturers' recommendations. (Department of Public Health and Environment)
23. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off
for proper disposal. Records of installation, maintenance, and proper disposal shall be retained.
(Department of Public Health and Environment)
24. 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)
25. 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)
26. 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)
27. 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)
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28. 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)
29. 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)
30. 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)
31. 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.
32. 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.
33. 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.
34. 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
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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.
USR20-0017 - Ten Sleep Investment Group, LLC
Page 12
July 29, 2020
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 400-3524
FAX: (970) 304-6498
MARK TAYLOR
3610 35TH AVE UNIT 6
EVANS, CO 80620
Subject: USR20-0017 - A Site Specific Development Plan and Special Review Permit for Oil and Gas
Support and Service (the parking, staging and storage of equipment: scrapers, dozers, road graders,
company vehicles, semi -trucks, and ancillary equipment for production unit set up (oil and gas well pad
set-up) and maintenance); a Roustabout; four (4) cargo (conex) containers; and three (3) 40'x60'
storage and maintenance shops outside of subdivisions and historic townsites in the A (Agricultural)
Zone District.
On parcel(s) of land described as:
LOT B REC EXEMPT RE -683, PART NE4NE4 SECTION 3, T4N, R64W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on October 6, 2020, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on October 21, 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,
Diana Aungst
PlannerAPP
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