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LAND USE APPLICATION
SUMMARY SHEET
Maxwell Nader
Case Number: USR20-0015
Applicant: John Michael & Sharon J. Baptist
Address: 32388 County Road 23, Windsor, CO 80550
Hearing Date: September 1, 2020
Request: A Site Specific Development Plan and Use by Special Review Permit for a Home
Business (vehicle restoration and repair) in the A (Agricultural) Zone District.
Legal Lot A of Recorded Exemption RE -2972; being a part of the SE4 of Section 23,
Description: Township 6, Range 67 West of the 61h P.M., Weld County, Colorado
Location:
East of and adjacent to County Road 23; Approximately 0.50 miles south of Colorado
Highway 392
Size of Parcel: +1- 3.4 acres Parcel No. 0807-23-0-00-051
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:
City of Greeley, referral dated July 16, 2020
▪ North Weld County Water District, referral dated August 6, 2020
▪ Weld County Department of Public Works, referral dated July 13, 2020
▪ Weld County Department of Planning Services — Floodplain, referral dated July 20, 2020
▪ Weld County Department of Public Health and Environment, referral dated July 29, 2020
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Town of Windsor, referral dated July 21, 2020
Y Town of Severance, referral dated July 15, 2020
Y Weld County Zoning Compliance, referral dated July 9, 2020
The Department of Planning Services' staff has not received responses from the following agencies:
Y Weld County School District RE -4
Y West Greeley Conservation District
Y Weld County Department of Building Inspection
USR20-0015, Baptist, Page 1 of 11
Planner:
Maxwell Nader
Case Number: USR20-0015
Applicant:
Address:
Request:
Legal
Description:
Location:
Size of Parcel:
Case Summary:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
John Michael & Sharon J. Baptist
32388 County Road 23, Windsor, CO 80550
Hearing Date: September 1, 2020
A Site Specific Development Plan and Use by Special Review Permit for a Home
Business (vehicle restoration and repair) in the A (Agricultural) Zone District.
Lot A of Recorded Exemption RE -2972; being a part of the SE4 of Section 23,
Township 6, Range 67 West of the 6th P.M., Weld County, Colorado
East of and adjacent to County Road 23; Approximately 0.50 miles south of Colorado
Highway 392
+1- 3.4 acres Parcel No. 0807-23-0-00-051
The applicants are requesting a Site Specific Development Plan and Use by Special Review Permit for a
home business. This home business is called Classic Chevy Garage and they restore and repair classic
Chevrolets. The business is a three -generation operation. The property owner, Mike Baptist, lives on site
and operates the business with his son and grandson. On average they see one project a month. There is
a mix of restorations, small restorations and repairs on already restored vehicles. Full restorations can take
up to a year with most projects taking around four (4) months. Operation hours are 9:00 a.m. - 4:00 p.m.
Monday through Friday. Operations occur in a 9,000 square foot structure on site that was built in 1980.
The structure will need to obtain a Change of Use Permit through the Building Department which has been
added as a condition of approval. The only employees related to the business are Mike Baptist, the property
owner, his son and grandson. The public does come to site to either drop of the project, check on restoration
progress or pick up the restoration when complete.
Currently the property does not have screening and the applicant has not proposed any, but screening will
be needed for the storage of vehicles related to the business and the noncommercial junkyard on site and
has been added as a condition of approval. The site also as a Zoning Permit for a Telecommunication
Tower permitted through ZPTT17-0004 but this proposal does not affect this existing permit and there is a
Subdivision Exemption SUBX17-0013 for tower area located on the southern portion of subject parcel.
This site currently has an active zoning violation (PCSC20-0006) which was initiated due to the presence
and operation of Classic Chevy Garage on a property with an existing USR (USR-942) that it does comply
with. USR-942 is for an agricultural service establishment to include farm equipment sales, repair and an
implement air cooler assembly facility in the A (Agricultural) Zone District, approved by the Board of County
Commissioners on May 8, 1991 under Board Resolution number 0863 with the USR Map recorded May 23,
1991 reception # 2261058. The property owner chose to proceed with a new USR instead of amending the
existing USR-942. A condition of approval has been put in place that USR-942 will need to be vacated if this
case is approved by the Board of County Commissioners. If this application is denied, the operation of
Classic Chevy Garage will have to end on the subject property and PCSC20-0006 will remain open and
further action regarding the use of the property and USR-942 will need to be completed. This probable
USR20-0015, Baptist, Page 2 of 11
Cause case is still open and will remain so until the determination as been made by the Board of County
Commissioners (BOCC).
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
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.F.2 - A.Policy 6.2. States, "Support opportunities, such as but not limited
to hobby farming and home businesses, to supplement family income and reduce living
expenses for farm families and others who prefer a rural lifestyle."
Section 22-2-20.G. - A.Policy 7.2. Conversion of agricultural land to nonurban residential,
commercial and industrial uses should be accommodated when the subject site is in an
area that can support such development, and should attempt to be compatible with the
region.
The business is compatible because the use will primarily be within one of the existing
accessory structures. The application materials state that this restoration business will be
minimal in size which is about five (5) restorations a year. In addition to that there is not
any proposed new structures on site.
The property is currently serviced by North Weld County Water District through account #
299 003. The current shop is being served by an existing on -site wastewater treatment
system (G19919173). Per the Weld County Environmental Health Department referral
dated July 29, 2020 any additional hydraulic load to the existing on -site wastewater
treatment system serving the shop will require an Evaluation from a Colorado Registered
Professional Engineer. The engineer's evaluation shall be submitted to the Weld County
Environmental Health Department. In the event the system is found to be inadequate, the
system must be brought into compliance with current Weld County On -site Wastewater
Treatment System Regulations.
Section 22-2-20.G. - A. Policy 7.3. Conversion of agricultural land to urban residential,
commercial and industrial uses should be considered when the subject site is located
inside an Intergovernmental Agreement area, Urban Growth Boundary area, Regional
Urbanization Area or Urban Development Nodes, or where adequate services are currently
available or reasonably obtainable. A municipality's adopted comprehensive plan should
be considered, but should not determine the appropriateness of such conversion.
The site is located within located within Windsor and Severance's Coordinated Planning
Agreement (CPA). The City of Windsor's Land Use Plan which is located in the
Comprehensive Plan indicates this area within their Growth Management Area and as
potential Light Industrial, which aligns with this proposal.
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, "The A (Agricultural) Zone
District is also intended to provide areas for the conduct of Uses by Special Review which
have been determined to be more intense or to have a potentially greater impact than Uses
USR20-0015, Baptist, Page 3 of 11
Allowed by Right." This code section allows the applicant to apply for a USR (Use by
Special Review) Permit.
Section 23-3-40.P.-- Uses by special review, of the Weld County Code allows for a "home
business" in the (A) Agricultural Zone District. This code section allows the applicant to
apply for the home business.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The subject property currently has a Use by Special Review Permit for an agricultural
service establishment to include farm equipment sales, repair and an implement air cooler
assembly facility (USR-942). This USR will be fully vacated prior to recording of the new
USR. There is a residence on the property to the north of the subject parcel. No comments
have been received by these individuals. There are several Use by Special Review permits
within one (1) mile of the subject property. Including one (1) kennel, one (1) RV & Boat
Storage, one (1) 12 -inch High Pressure Pipeline, one (1) 230 KV Transmission Line, one
(1) concrete cutting business, and four (4) Oil and Gas Production Facilities.
In addition to the USRs surrounding the subject property and as stated previously, the
Town of Windsor municipal limits are approximately 500 feet south of the subject property
and are called out as Light Industrial property per the Town of Windsor's Land Use Map.
The Weld County Department of Planning Services sent notice to six (6) surrounding
property owners within five -hundred (500) feet. No correspondences were received back
from surrounding property owners regarding the proposed application. There were no
emails or phone calls received regarding the proposed application.
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 located within Windsor and Severance's Coordinated Planning
Agreement (CPA). Severance indicated on their signed Notice of Inquiry form dated April
30, 2020 and that they are not interested in annexation and had no further comments.
Severance additionally had no comments on their referral dated July 15, 2020. The town
of Windsor did not respond to the Notice of Inquiry form but did respond to the referral and
had no comments from their referral dated July 21, 2020.
The site is also located within the three (3) mile referral area of Greeley. The City of
Greeley in their referral comments, dated July 16, 2020 had general advisory comments
regarding their Long Range Expected Growth Area and utility service area.
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, Airport Overlay District or
the Municipal Separate Storm Sewer System (MS4) area.
The property is located in a Special Flood Hazard Area. The Department of Planning
Services — Floodplain per their referral dated July 20, 2020, is requiring to show the
floodplain boundaries on the map and if any construction in the floodplain occurs a
floodplain permit will be required. In addition to the requirements they have provided
comments to be incorporated as Development Standards.
USR20-0015, Baptist, Page 4 of 11
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee, 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 soil designation for the site is "Prime (Irrigated)" per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map. Although with this designation the site
is not being used for agricultural production and the small lot size is not suitable for farming
and therefore will not being taking any agricultural land out of production.
G. Section 23 -2 -220.A.7 —There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250, Weld County Code), Conditions of Approval and Development
Standards can ensure that there are adequate provisions for the protection of health,
safety, and welfare of the inhabitants of the neighborhood and County.
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. There is a Use by Special Review Permit USR-942, Reception # 2251058, for an agricultural
service establishment to include farm equipment sales, repair and an implement air cooler
assembly facility in the A (Agricultural) Zone District. This USR encompasses the entire
subject property. The applicant shall address the continued operation of USR-942. and shall
have a complete vacation completed prior to recording the Use by Special Review map.
B. The applicant shall address the requirements of the Weld County Department of Building
Inspection, as stated in the referral response dated August 17, 2020. Evidence of such shall
be submitted, in writing, to the Weld County Department of Planning Services. (Department
of Building Inspection)
C. The applicant shall attempt to address the requirements of the Windsor Severance Fire
Protection District, as stated in the referral response dated July 21, 2020. Written evidence
of such shall be submitted to the Weld County Department of Planning Services.
(Department of Planning Services)
D. The applicant shall attempt to address the requirements of the North Weld County Water
District, as stated in the referral response dated July 21, 2020. Written evidence of such
shall be submitted to the Weld County Department of Planning Services. (Department of
Planning Services)
E. The applicant shall provide photographic evidence to the Department of Planning Services
that all noncommercial junkyard items located on the property are screened from all adjacent
properties and public rights -of -way, or have been removed from the property. (Department
of Planning Services)
F. 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)
USR20-0015, Baptist, Page 5 of 11
G. The applicant shall submit a recorded copy of any agreement signed by all of the owners of
the property crossed by the access. The access shall be for ingress, egress, utilities and shall
be referenced on the USR map by the Weld County Clerk and Recorder's Reception number.
(Department of Public Works)
H. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR20-0015 (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
23-3-350.H of the Weld County Code addresses the issue of trash collection areas.
(Department of Planning Services)
5. The map shall delineate the landscaping and/or screening. (Department of Planning
Services)
6. The map shall delineate the lighting, if applicable. (Department of Planning Services)
7. 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)
8. The map shall delineate the parking area for the vendors, customers and/or
employees. (Department of Planning Services)
9. County Road 23 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full
buildout. The applicant shall delineate and label on the site map or plat the future and
existing right-of-way (along with the documents creating the existing right-of-way) and
the physical location of the road. All setbacks shall be measured from the edge of right-
of-way. This road is maintained by Weld County. (Department of Public Works)
10. Show and label the 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 prior to operation. (Department of Public Works)
11. 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)
12. Show and label the 30 -foot minimum access and utility easement to provide legal
access to the parcel on the site plan. (Department of Public Works)
13. Show and label the drainage flow arrows. (Department of Public Works)
14. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
15. 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
USR20-0015, Baptist, Page 6 of 11
appropriate study. (Department of Planning Services - Floodplain)
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
plat 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. Prior to Construction:
A. Any construction in the floodplain requires a floodplain permit. (Department of Planning
Services - Floodplain)
B. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to
the start of construction. (Department of Public Works)
5. Prior to Operation:
A. Accepted construction drawings and construction of the offsite roadway improvements are
required prior to operation. (Department of Public Works)
6. The Use by Special Review Permit 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 plat 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)
USR20-0015, Baptist, Page 7 of 11
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
John Michael & Sharon J. Baptist
USR20-0015
1. A Site Specific Development Plan and Use by Special Review Permit, USR20-0015, for a Home
Business (vehicle restoration and repair) 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 9:00 a.m. - 4:00 p.m. Monday — Friday. (Department of Planning Services)
4. The number of on -site employees shall be three (3). (Department of Planning Services)
5. The parking area on the site shall be maintained. (Department of Planning Services)
6. The screening on the site shall be maintained. (Department of Planning Services)
7. All automobile repair and modification work shall occur indoors. (Department of Planning Services)
8. 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)
9. 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)
10. 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)
11. 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)
12. 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)
13. 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)
14. All potentially hazardous 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)
15. 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 property disposal shall be retained.
(Department of Public Health and Environment)
USR20-0015, Baptist, Page 8 of 11
16. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance
with the Rules and Regulations of the Water Quality Control Commission, and the Environmental
Protection Agency. (Department of Public Health and Environment)
17. Any additional hydraulic load to the existing on -site wastewater treatment system serving the shop
(G19919173) will require an Evaluation from a Colorado Registered Professional Engineer. The
engineer's evaluation shall be submitted to the Weld County Environmental Health Department. In the
event the system is found to be inadequate, the system must be brought into compliance with current
Weld County On -site Wastewater Treatment System Regulations. (Department of Public Health and
Environment)
18. 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)
19. 1Adequate drinking, hand washing, and toilet facilities shall be provided for employees and patrons, at
all times. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
20. Any on -site wastewater treatment system located on the property must comply with all provisions of the
Weld County Code, pertaining to On -site Wastewater Treatment Systems. (Department of Public
Health and Environment)
21. The operation shall comply with all applicable rules and regulations. (Department of Public Health and
Environment)
22. 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)
23. 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)
24. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
25. 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)
26. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Department of Public Works)
27. 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)
28. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be
the responsibility of Weld County. (Department of Public Works)
29. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
30. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
USR20-0015, Baptist, Page 9 of 11
31. 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 -1501E effective date January 20, 2016 (John Law Ditch 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)
32. 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)
33. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2018 International Codes, 2006 International Energy
Code, and 2017 National Electrical Code. A Building Permit Application must be completed and two (2)
complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer
must be submitted for review. A Geotechnical Engineering Report performed by a Colorado registered
engineer shall be required or an Open Hole Inspection. (Department of Building Inspection)
34. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
35. 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.
36. 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.
37. 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.
38. 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.
USR20-0015, Baptist, Page 10 of 11
39. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture. Persons moving into a rural area must recognize and
accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower
level of services than in town. Along with the drawbacks come the incentives which attract urban
dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion,
and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles
on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in
the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize
an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural
and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave
their jobs and families to respond to emergencies. County gravel roads, no matter how often they are
bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, 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.
USR20-0015, Baptist, Page 11 of 11
July 08, 2020
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mnader@weldgov.com
PHONE: (970) 400-400-3527
FAX: (970) 304-6498
JOHN MICHAEL BAPTIST
32388 CR 23
WINDSOR, CO 80550
Subject: USR20-0015 - A Site Specific Development Plan and Use by Special Review Permit for a
Home Business (vehicle restoration and repair) in the A (Agricultural) Zone District.
On parcel(s) of land described as :
LOT A REC EXEMPT RE -2972, PART E2SE4 SECTION 23, T6N, R67W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on September 1, 2020, at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on September
23, 2020 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative 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,
Maxwell Nader
Planner
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