HomeMy WebLinkAbout20201337.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Kim Ogle Hearing Date: March 3, 2020
Case Number: USR20-0003
Applicant: Robert ' Dean" and Donna Ackerman
Request: A Site Specific Development Plan and Use by Special Review, USR20-0003, more
specifically for uses similar to the uses listed as permitted as long as the use complies
with the general intent of the A (Agricultural) Zone District (Agricultural Support and
Services) and more than the number of cargo containers allowed as uses by special
review outside of subdivisions and historic townsites. To also include farm equipment
sales, repair and installation facilities and grain, seed, feed, and fertilizer retail and
wholesale sales in the A (Agricultural) Zone District
Address: 22935 County Road 33, LaSalle, Colorado 80645-7800
Legal Lot B, Recorded Exemption RECX14-0114 being part of the NE4 of Section 10,
Description: Township 4 North, Range 66 West of the 61h P.M., County of Weld, Colorado
Location: Approximately 4750 feet north of County Road 46 and approximately 1435 feet west
of County Road 33
Size of Parcel: ± 13.38 acres Parcel No. 1057-10-1-00-023
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:
y State of Colorado, Division of Water Resources, referral dated January 22, 2020
y Weld County Department of Public Health and Environment, referral dated February 14, 2020
y Weld County Department of Public Works, referral dated February 19, 2020
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
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Colorado Parks and Wildlife, referral dated January 20, 2020
DCP Operating Company, referral dated January 21, 2020
Weld County Zoning Compliance, referral dated January 23, 2020
City of Evans, referral dated January 27, 2020
Town of Milliken, referral dated January 29, 2020
Town of Gilcrest, referral dated February 5, 2020
Town of LaSalle, referral dated February 11, 2020
West Greeley Conservation District, referral dated February 13, 2020
The Department of Planning Services' staff has not received responses from the following agencies:
LaSalle-Gilcrest Fire Protection District
y Weld County Office of Emergency Management
USR20-0003 — Ackerman
Page 1
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Kim Ogle Hearing Date: March 3, 2020
Case Number: USR20-0003
Applicant: Robert ' Dean" and Donna Ackerman
Request: A Site Specific Development Plan and Use by Special Review, USR20-0003, more
specifically for uses similar to the uses listed as permitted as long as the use complies
with the general intent of the A (Agricultural) Zone District (Agricultural Support and
Services) and more than the number of cargo containers allowed as uses by special
review outside of subdivisions and historic townsites. To also include farm equipment
sales, repair and installation facilities and grain, seed, feed, and fertilizer retail and
wholesale sales in the A (Agricultural) Zone District
Address: 22935 County Road 33, LaSalle, Colorado 80645-7800
Legal Lot B, Recorded Exemption RECX14-0114 being part of the NE4 of Section 10,
Description: Township 4 North, Range 66 West of the 61h P.M., County of Weld, Colorado
Location: Approximately 4750 feet north of County Road 46 and approximately 1435 feet west
of County Road 33
Size of Parcel: ± 13.38 acres Parcel No. 1057-10-1-00-023
Case Summary:
The proposal seeks to permit an Agricultural Support and Services establishment that includes agricultural
production, a contractor's shop and associated farm related contracting, farm equipment sales, repair and
installation facilities, grain, seed, feed, and fertilizer retail and wholesale sales and more than the number
of cargo containers allowed by Chapter 23, Article III, Division 1, Section 23-3-30 (up to 25 cargo containers)
in the A (Agricultural) Zond District.
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.
Chapter 22, Article II, Section 22-2-20.B.2 A.Policy 2.2. states "Allow commercial and industrial
uses, which are directly related to or dependent upon agriculture, to locate within agricultural
areas when the impact to surrounding properties is minimal or mitigated and where adequate
services and infrastructure are currently available or reasonably obtainable. These commercial
and industrial uses should be encouraged to locate in areas that minimize the removal of
agricultural land from production."
The applicant proposes to utilize an approximate thirteen (13) acre parcel located well off of a
publicly maintained road for the Ackerman business, including activities associated with an
USR20-0003 — Ackerman
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Agricultural Support and Services establishment, including contracting, farm equipment sales,
repair and installation facilities, grain, seed, feed, and fertilizer retail and wholesale sales and
livestock sale barns.
Chapter 22, Article II, Section 22-2-20. A.Goal 9 states "Reduce potential conflicts between
varying land uses in the conversion of traditional agricultural lands to other land uses."
Per this recommendation, the attached Development Standards, and the Conditions of Approval
will assist in mitigating the impacts of the proposed facility on the adjacent properties and ensure
compatibility with surrounding land uses and the greater community.
Chapter 22, Article II, Section 22-2-80.F.2 (.Policy 6.2. states "Support the use of visual and sound
barrier landscaping to screen open storage areas from residential uses or public roads.
As a condition of approval, the applicant is required to construct an opaque screen for all areas
of outdoor storage and all areas associated with the parking storage and staging of equipment
and materials from adjacent property owners and properties and all public rights -of -way.
Based on referral agency responses, the proposed use is in an area that can support this
development. The required facility screening, downcast shielded lighting implementing limiting
transient light migration, including no derelict equipment and vehicles along with 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 greater area.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
Chapter 23, Article III, Division1, Section 23-3-40.KK for uses similar to the uses listed as permitted
as long as the use complies with the general intent of the A (Agricultural) Zone District
(Agricultural Support and Services) and Section 23-3-40.C for more than the number of cargo
containers allowed as uses by special review outside of subdivisions and historic townsites. To
also include Section 23-3-35.K for farm equipment sales, repair and installation facilities and
Section 23-3-35.M for grain, seed, feed, and fertilizer retail and wholesale sales as uses allowed
by permit outside of subdivisions and historic townsites in the A (Agricultural) Zone District.
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 irrigated lands via center pivots to the north and west with the DCP
Midstream Wetco Farms oil and gas processing facility permitted via USR11-0005 and to the east
are two residences owned by the applicant and the applicant's daughter. There is a greater than
12 -inch high pressure gas pipeline crossing the property adjacent to the western property line
permitted via USR11-0016. The closest residence is about 200 -feet to the east and is owned by
the applicant's daughter, followed by the Ackerman's residence at 1250 -feet with all other
residences located at a distance of 0.5 miles or greater in distance from the property line.
The Weld County Department of Planning Services sent notice to eight (8) Surrounding Property
Owners. Planning staff received no correspondence from adjacent property owners.
The applicant has been in contact with the Surrounding Property Owners and has conducted a
community meeting on July 5, 2019. Persons in attendance included family members including the
adjacent property owners.
The Conditions of Approval require that the applicant submit an Emergency Action and Safety Plan
and a 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.
USR20-0003 — Ackerman
Page 3
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development
of the surrounding area as permitted by the existing zoning and with the future development as
projected by Chapter 22 of the Weld County Code and any other applicable code provisions or
ordinances in effect, or the adopted Master Plans of affected municipalities.
The site is located within the three (3) mile referral area of the Towns of Milliken, Gilcrest and
LaSalle and the City of Evans. The site is also located within the Intergovernmental Agreement
Area (IGA) of the Town of Milliken and City of Evans. The Towns of Milliken, Gilcrest and LaSalle
in their referral comments, dated January 29, February 5 and February 11, 2020 respectively
indicated that they have no concerns. The City of Evans returned a referral dated January 27,
2020 and requested the County impose as a condition of approval that the applicant agree to a
pre -annexation agreement with the City indicating that when the property is eligible for annexation
that the property owner will annex voluntarily.
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, Special Flood Hazard Area, Airport Overlay
or the Municipal Separate Storm Sewer System Overlay Districts. 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 proposed facility is located on approximately 6.89 acres of Irrigated Land (Not Prime) and 6.5
acres of Prime (Irrigated) — Farmlands of National Importance per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map. The property has no irrigation water associated
with the land, therefore, no prime irrigated land will be taken 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. 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)
B. 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)
C. The applicant shall attempt to address the requirements of the State of Colorado Division of Water
Resources, as stated in the referral response dated January 22, 2020. Written evidence of such
shall be submitted to the Weld County Department of Planning Services. (Colorado Division of
Water Resources)
USR20-0003 — Ackerman
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D. The applicant shall address the requirements of the City of Evans, as stated in the referral response
dated January 27, 2020, specific to the request for a pre -annexation agreement. Written evidence
of such shall be submitted to the Weld County Department of Planning Services. (City of Evans)
E. A Lighting Plan shall be submitted to and approved by the Department of Planning Services, if
applicable. (Department of Planning Services)
F. A 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)
G. The City of Evans has jurisdiction over the access to the adjacent public road, County Road 33.
Please contact the City of Evans to verify the access permit or for any additional requirement that
may be needed to obtain or upgrade the permit. (Department of Planning Services)
H. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR20-0003 (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 screening in accordance with the approved and Screening Plan.
(Department of Planning Services)
6. The map shall delineate the onsite lighting in accordance with the Lighting Plan. (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. This portion of County Road 33 is under the jurisdiction of the City of Evans. Show and label
the right-of-way. Show the approved access(es) on the site plan and label with the approved
access permit number if applicable. (Department of Public Works)
10. Show and label a minimum 30 -foot wide access and utility easement to provide legal access to
the parcel on the site plan. (Department of Public Works)
11. 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)
12. Show and label the drainage flow arrows. (Department of Public Works)
13. 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
USR20-0003 — Ackerman
Page 5
as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. The map shall be prepared in accordance with the
requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional
requirements shall be submitted within one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map
not be recorded within the required one hundred twenty (120) days from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance charge shall be added for each additional
three (3) month period. (Department of Planning Services)
4. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
B. Written evidence of a City of Evans access permit, if required, or alternatively that no permit is
required for this facility. (Department of Planning Services)
5. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency
Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility
operator, the Fire District and the Weld County Office of Emergency Management. Submit evidence
of acceptance to the Department of Planning Services. (Department of Planning Services)
6. 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)
USR20-0003 — Ackerman
Page 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Robert ' Dean" and Donna Ackerman
USR20-0003
1. A Site Specific Development Plan and Use by Special Review, USR20-0003, more specifically for uses
similar to the uses listed as permitted as long as the use complies with the general intent of the A
(Agricultural) Zone District (Agricultural Support and Services) and more than the number of cargo
containers allowed as uses by special review outside of subdivisions and historic townsites. To also
include farm equipment sales, repair and installation facilities and grain, seed, feed, and fertilizer retail
and wholesale sales 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. — 6:00 p.m. Monday — Sunday. (Department of Planning Services)
4. The number of on -site employees shall be up to ten (10) as stated in the application materials.
(Department of Planning Services)
5. The number of commercial vehicles shall be up to nine (9), as stated in the application materials.
(Department of Planning Services)
6. The parking area on the site shall be maintained. (Department of Planning Services)
7. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
8. The existing landscaping and proposed privacy screening on the site shall be maintained in accordance
with the approved Landscape and Screening Plan. (Department of Planning Services)
9. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant
to Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works)
10. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
11. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
12. 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)
13. 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)
14. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate
in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and
Environment)
15. 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)
USR20-0003 — Ackerman
Page 7
16. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
17. Any septic 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)
18. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility,
at all times. For 10 or less customers per day, and 2 or less full-time employees on site, portable toilets
are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a
quarterly basis and available for review by the Weld County Department of Public Health and
Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County, contain hand
sanitizers and be screened from existing adjacent residential properties and public rights -of -way.
(Department of Public Health and Environment)
19. The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code. (Department of Public Health and Environment)
20. Lighting shall be maintained in accordance with the approved Lighting Plan (Department of Planning
Services)
21. 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)
22. 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)
23. 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)
24. 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)
25. 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)
26. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced
within three (3) years from the date of Board of County Commissioners signed Resolution, unless
otherwise specified by the Board of County Commissioners when issuing the original Permit, or the
Permit shall be vacated.
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Page 8
27. This 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.
28. 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.
29. 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
USR20-0003 — Ackerman
Page 9
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.
USR20-0003 — Ackerman
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January 20, 2020
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
ACKERMAN ROBERT & DONNA
22935 COUNTY ROAD 33
LA SALLE, CO 80645
Subject: USR20-0003 - A Site Specific Development Plan and Use by Special Review for uses, similar
to the uses listed as permitted as long as the use complies with the general intent of the Zone District for
an Agricultural Support and Service Facility and more than one (1) cargo container in the A (Agricultural)
Zone District
On parcel(s) of land described as:
LOT B REC EXEMPT RECX14-0114, PART NE4 SECTION 10, T4N, R66W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on March 3, 2020, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on March 25, 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,
Kim
Planner
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