HomeMy WebLinkAbout20192417.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: C. Gathman Hearing Date: June 19, 2019
Case Number: USR19-0023
Applicant: GS Farms LLC — Steve Gentry (Registered Agent)
Representative: David Wolfer
Request: A Site Specific Development Plan and Use by Special Review Permit for One (1) Single -
Family Dwelling Unit per Lot other than those permitted under Section 23-3-20.A of the
Weld County Code (second single family residence for agricultural workers), up to three
(3) cargo containers and a use permitted as a Use by Right, an Accessory Use, or a Use
by Special Review in the Commercial or Industrial zone districts (an office building for
dispatch for a plumbing business along with an equipment maintenance building for
Plumbing Vehicles), provided that the property is not a Lot in an approved or recorded
subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations
controlling subdivisions in the A (Agricultural) Zone District.
Legal Lot A of Recorded Exemption RE -5065; Being part of the NW4 of Section 33 T2N R68W,
Description: Weld County, Colorado
Location: East of and adjacent to County Road 5 (Bulrush Boulevard) and approximately 3,600
feet north of State Highway 52.
Size of Parcel:
+1- 5.29 acres Parcel No. 1313-33-2-00-062
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:
VVVVVVv,.
Weld County Department of Public Health and Environment, referral dated April 12, 2019
Weld County Department of Public Works, referral dated April 22, 2019
Colorado Parks and Wildlife, referral dated April 18, 2019
Colorado Department of Transportation, referral responses dated April 1, 2019 and April 3, 2019
St Vrain Valley Schools (School District RE -1J), referral response dated April 3, 2019
Longmont Conservation District, referral response dated April 9, 2019
Town of Frederick, referral response dated April 19, 2019
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
▪ Weld County Zoning Compliance, referral dated March 22, 2019
▪ City of Dacono, referral dated March 22, 2019
▪ Town of Erie, referral dated March 22, 2019
▪ Weld County Sheriff's Office, referral dated March 29, 2019
USR19-0023 - GS Farms LLC
Page 1
The Department of Planning Services' staff has not received responses from the following agencies:
Weld County Department of Building Inspection
Boulder County
Mountain View Fire Protection District
Left Hand Water District
Lower Boulder Ditch
USR19-0023 - GS Farms LLC
Page 2
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: C. Gathman Hearing Date: June 18, 2019
Case Number: USR19-0023
Applicant: GS Farms LLC — Steve Gentry (Registered Agent)
Representative: David Wolfer
Request:
A Site Specific Development Plan and Use by Special Review Permit for One (1)
Single -Family Dwelling Unit per Lot other than those permitted under Section 23-3-
20.A of the Weld County Code (second single family residence for agricultural
workers), up to three (3) cargo containers and a use permitted as a Use by Right, an
Accessory Use, or a Use by Special Review in the Commercial or Industrial zone
districts (an office building for dispatch for a plumbing business along with an
equipment maintenance building for Plumbing Vehicles), provided that the property is
not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed
prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone
District.
Legal Lot A of Recorded Exemption RE -5065; located in Part of the NW4 of Section 33
Description: T2N R68W, Weld County, Colorado
Location: East of and adjacent to County Road 5 (Bulrush Boulevard) and approximately 3,600
feet north of State Highway 52.
Size of Parcel:
Case Summary:
+/- 5.29 acres Parcel No. 1313-33-2-00-062
The applicant is proposing an office building for a dispatch center for a plumbing service business, which
is owned by GS Farms, LLC, the property owner. An equipment maintenance building for light maintenance
and repair of plumbing vehicles is proposed along with cargo containers for storage. A total of four (4)
employees (three plumbing dispatch employees and one (1) mechanic associated with the plumbing
business) will be onsite. The application estimates 2-4 vehicle trips per day will be associated with
vehicle/fleet maintenance. Plumbers will not use this location as their base of operations (they will be
remotely dispatched instead). Hours of operation for the proposed plumbing dispatch/maintenance
business is 7:30am-5:OOpm five (5) days a week.
The applicant is also proposing a second residence (in addition to the primary residence) that will be utilized
by an employee associated with a proposed horse boarding and poultry breeding facility on the property.
The application indicates that the number of livestock (horses and chickens) will not exceed the use by right
amounts in the A(Agricultural) Zone District) Additionally, the application indicates that the number of trips
to and from the horse boarding facility will not exceed the use by right limit of sixty (60) trips per day. These
uses (though on the same property) are therefore not included as a part of this USR request. The applicant
has indicated in a letter dated 6/7/2019 that equipment and materials associated with the proposed
agricultural operations
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.
USR19-0023 - GS Farms LLC
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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.
22-2-20 G.2 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 proposed second residence is for employee housing associated with proposed
business that is related to and reliant on agricultural uses (horse boarding and chicken
breeding). The amount of employees and traffic associated with the proposed plumbing
dispatch and plumbing vehicle maintenance business is limited.
Section 22-2-20 1.5 A.Policy 9.5. Applications for a change of land use in the agricultural
areas should be reviewed in accordance with all potential impacts to surrounding properties
and referral agencies.
The proposed use is in an area that can support this development and the existing
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.
These conditions include a revised landscape and screening plan. Also, development
standards are attached limiting the number of employees and limiting hours of operation
for the proposed plumbing business.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District.
Section 23-3-40.M delineates One Single Family Unit per lot other than those permitted
under Section 23-3-20.A (Uses allowed by right) as a Use by Special Review in the
A(Agricultural) Zone District.
Section 23-3-40.S delineates any use permitted as a Use by Right, an Accessory Use, or
a Use by Special Review in the commercial or industrial zone districts (concrete
construction business for commercial vehicle and equipment storage) provided that the
property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or
plan filed prior to adoption of any regulations controlling subdivisions as a Use by Special
Review in the A (Agricultural) Zone District..
Section 23-3-10 — Intent 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 Allowed by Right."
The proposed second residence is for an employee associated with a proposed business
related to agricultural use (horse boarding and chicken breeding business).
The attached development standards and conditions of approval will adequately mitigate
the impacts of the proposed use on the surrounding area.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
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The proposed use is located on a vacant recorded exemption parcel. Four (4) parcels with
single-family residences are located to the north, south and west of the site. Single-family
residences are located on properties to the north, south and west of the site. Several letters
and e -mails have been received from surrounding property owners regarding this case
(including three (3) letters from property owners in the immediate area).
Concerns/objections outlined in the letters include traffic, dust, hours of operation, a
commercial use is not appropriate for the area and the potential for impacts on an existing
eagles nest in the proximity of this site.
Colorado Parks and Wildlife, states in their referral dated April 18, 2019, that the USR site
is located less than 0.25 mile from an active Bald Eagle nest. Colorado Parks and Wildlife
recommends that no surface occupancy occur within 0.25 -mile of active nests. At least
three (3) fledglings were nested last year. An existing subdivision is being constructed
within the Town of Frederick approximately 0.5 mile from the nesting site. Because the site
is within IA mile of the site, Colorado Parks and Wildlife recommends that the applicant
consult with Colorado Parks and Wildlife prior to construction to discuss potential impacts
and mitigation as it relates to the nest.
The proposed plumbing dispatch business will have limited traffic and a limited number of
employees. The second residence will be for an onsite employee and will result in minimal
additional impacts (traffic) on the site. The other proposed uses (primary residence and
proposed horse and chicken operations) are considered a use by right and can proceed
without USR approval.
A number of conditions of approval and development standards (including limits on hours
of operation, number of employees and a condition that the applicant attempt to address
the recommendations of Colorado Parks and Wildlife and submittal of a revised landscape
and screening plan for review and approval by Planning staff) are attached and will
adequately address impacts associated with uses associated with this USR on surrounding
properties.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities.
The site is located within the three (3) mile referral areas of The Town of Erie, City of
Dacono and Town of Frederick. The site is not located within a Cooperative Planning
Agreement (IGA) boundary or Urban Growth Boundary (UGB) of a municipality. The
property is borders County Road 5 (which has been annexed by the Town of Frederick).
Additionally, the town limits of Frederick are located approximately 1,850 feet to the east.
The City of Dacono and Town of Erie in their referral comments, both dated March 22,
2019 indicated that they have no concerns. The Town of Frederick, in their referral
response dated April 19, 2019, indicated that the property is located in the Town of
Frederick land use map which identifies the property as agriculture/estate residential. The
Town indicates that they are opposed to this business being located on the property.
Should the county decide to approve this USR, the Town of Frederick requests that the
business pay the appropriate road impact fees for the continued maintenance of County
Road 5. Also, Frederick requests that any development on the property coordinate access
points with adjacent properties as the proposed access does not meet the Town's access
standards for an arterial roadway. Finally, the Town of Frederick requests that the property
owner dedicate an additional 20 -feet of right-of-way along the east side of County Road 5.
USR19-0023 - GS Farms LLC
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The Frederick Zoning Code (in the Agricultural Zone District) allow animal boarding, and
agricultural activities. Also, the A Agricultural and R Estate Zone Districts allow accessory
dwellings (subject to size limitations on the accessory dwelling).
The traffic associated with the plumbing dispatch and maintenance of plumbing vehicles
will be limited. The application indicates approximately 2-4 round trips per day (box trucks
and 3-4 ton vans associated with the plumbing business) will access the site for
maintenance on a daily basis. Limitations on the number of on -site employees and hours
of operation through the attached development standards (in addition to the requirement
of an updated landscape and screening plan as a condition of approval) will adequately
address compatibility with the surrounding 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, a Special Flood Hazard
Area, MS4 area or the Airport Overlay District.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The proposed facility is located on approximately 5.29 acres delineated as "Prime" per the
1979 Soil Conservation Service Important Farmlands of Weld County Map. The applicant
is proposing a second home to be utilized as for agricultural workers associated with a
proposed horse breeding to be located on the site. Additionally, a poultry raising and sales
business is proposed to be located on the property. These are agricultural related uses.
The property is currently in pasture and is not being farmed or cultivated.
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 plat:
A. The applicant shall attempt to address the comments of Colorado Parks and Wildlife, as
stated in the referral response dated April 18, 2019. Written evidence of such shall be
submitted to the Weld County Department of Planning Services. (Department of Planning
Services)
B. The applicant shall submit a Lighting Plan. (Department of Planning Services)
USR19-0023 - GS Farms LLC
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C. The applicant shall submit a Screening/Landscape Plan that screens the site from the
Surrounding Property Owners for review and approval by the Department of Planning
Services. The name and size of the proposed landscaping/screening shall be delineated
(Department of Planning Services)
D. The applicant shall address the comments of the Town of Frederick as stated in their referral
dated 6/19/2019. The applicant shall specifically address the comments in the referral
regarding road impact fees, access standards and right-of-way permits for utility work,
drainage work and access improvements in the road right-of-way. Written evidence of such
shall be provided to the Department of Planning Services. (Department of Public Works)
E. 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)
F. The plat shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR19-0023 (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 per the approved plan.
(Department of Planning Services)
6. The map shall delineate the lighting which shall adhere to the Weld County Code per
the approved 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 5 (Bulrush Blvd.) is under the jurisdiction of the Town of
Frederick. Please contact the municipality to verify the right-of-way. 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 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)
11. Show and label the drainage flow arrows. (Department of Public Works)
12. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
13. Label the approved Town of Frederick accesses on the map with access permit
number if applicable. (Department of Public Works)
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14. Show and label all recorded easements on the map by book and page number or
reception number and date on the site plan. (Department of Planning Services)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the map the applicant shall submit a Mylar map along with all other
documentation required as Conditions of Approval. The Mylar map shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code.
The Mylar map and additional requirements shall be submitted within one hundred twenty (120)
days from the date of the Board of County Commissioners Resolution. The applicant shall be
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. If more than 1 acre is to be disturbed, a Weld County grading permit will be required.
(Department of Public Works)
5. Prior to the issuance of the Certificate of Occupancy:
A. An On -Site Wastewater Treatment System (OWTS) is required for the proposed facility and
shall be installed according to the Weld County On -Site Wastewater Treatment System
Regulations. The OWTS is required to be designed by a Colorado Registered Professional
Engineer according to the Weld County On -Site Wastewater Treatment System Regulations.
(Department of Public Health and Environment)
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)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
GS Farms, LLC
USR19-0023
1. A Site Specific Development Plan and Use by Special Review Permit, USR19-0023, for One (1) Single -
Family Dwelling Unit per Lot other than those permitted under Section 23-3-20.A of the Weld County
Code (a second single family residence for agricultural workers), up to three (3) cargo containers and
a use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial
or Industrial zone districts (an office building for dispatch for a plumbing business along with an
equipment maintenance building for Plumbing Vehicles), provided that the property is not a Lot in an
approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any
regulations controlling subdivisions 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 for the plumbing business are 7:30 a.m. - 5:00 p.m. Monday — Friday.
(Department of Planning Services)
4. The number of on -site employees associated with the plumbing business shall be four (4) as stated in
the application materials. (Department of Planning Services)
5. The 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. (Department of Planning Services)
8. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 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)
9. 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, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment)
10. 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)
11. 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)
12. Adequate hand washing, and toilet facilities shall be provided for employees, at all times. For
employees or contractors on site for less than 2 consecutive hours a day, and 2 or less full-time
employees on site, portable toilets and bottled water are acceptable. Records of maintenance and
proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the
Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a
cleaner licensed in Weld County and shall contain hand sanitizers and be screened from public view.
(Department of Public Health and Environment)
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13. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-2-103 C.R.S. (Department of Public Health and Environment)
14. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. Any septic
system located on the property must comply with all provisions of the Weld County Code, pertaining to
Onsite Waste Water Treatment Systems. (Department of Public Health and Environment)
15. All pesticides, fertilizer, and other 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 (HAP's) and volatile organic compounds (VOC's). All chemicals must be stored secure, on
an impervious surface, and in accordance with manufacturer's recommendations. (Department of
Public Health and Environment)
16. 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)
17. 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)
18. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
19. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
20. 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)
21. Building permits may 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 has 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.
22. 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)
23. 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)
24. 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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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. 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.
27. 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
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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.
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DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: cgathman@weldgov.com
PHONE: (970) 400-3537
FAX: (970) 304-6498
April 30, 2019
DAVID WOLFER
11721 ELMER LINN DR
LONGMONT CO 80504
Subject: USR19-0023 - A Site Specific Development Plan and Use by Special Review Permit for One (1)
Single -Family Dwelling Unit per Lot other than those permitted under Section 23-3-20.A of the Weld
County Code (a second single family residence for agricultural workers), up to three (3) cargo
containers and a use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial zone districts (an office building for dispatch for a plumbing business along with
an equipment maintenance building for Plumbing Vehicles), provided that the property is not a Lot in an
approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District.
On parcel(s) of land described as:
LOT A REC EXEMPT RE -5065, PART NW4 SECTION 33, T2N, R68W of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on June 4, 2019, at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on July 3, 2019 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
www.weldcountyplanningcases.org
If you have any questions concerning this matter, please call.
Respectfully,
Chris Gathman
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: cgathman@weldgov.com
PHONE: (970) 400-3537
FAX: (970) 304-6498
March 22, 2019
DAVID WOLFER
11721 ELMER LINN DR
LONGMONT CO 80504
Subject: USR19-0023 - A Site Specific Development Plan and Use by Special Review Permit for One (1)
Single -Family Dwelling Unit per Lot other than those permitted under Section 23-3-20.A of the Weld
County Code (a second single family residence for agricultural workers) and a use permitted as a Use
by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial zone districts
(an office building for dispatch for a plumbing business along with an equipment maintenance building
for Plumbing Vehicles), provided that the property is not a Lot in an approved or recorded subdivision
plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the
A (Agricultural) Zone District.
On parcel(s) of land described as:
PART NW4 SECTION 33, T2N, R68W LOT A RE -5065 OF THE 6TH P.M., WELD COUNTY,
COLORADO.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Departments for their review and comments:
Dacono at Phone Number 303-833-2317
Erie at Phone Number 303-926-2700
Frederick at Phone Number 720-382-5500
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
i1(.0 L
Chris Gathman
Planner
1
FIELD CHECK
inspection dates: 6/8/2019
APPLICANT:
CASE #:
REQUEST:
LEGAL:
LOCATION:
GS Farms LLC — Steve Gentry (Registered Agent)
USR19-0023
A Site Specific Development Plan and Use by Special Review Permit for One (1) Single -
Family Dwelling Unit per Lot other than those permitted under Section 23-3-20.A of the Weld
County Code (second single family residence for agricultural workers), up to three (3) cargo
containers and a use permitted as a Use by Right, an Accessory Use, or a Use by Special
Review in the Commercial or Industrial zone districts (an office building for dispatch for a
plumbing business along with an equipment maintenance building for Plumbing Vehicles),
provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts
of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A
(Agricultural) Zone District.
Lot A of Recorded Exemption RE -5065; Being part of the NW4 of Section 33 T2N R68W,
Weld County, Colorado
East of and adjacent to County Road 5 (Bulrush Boulevard) and approximately 3,600 feet
north of State Highway 52.
PARCEL ID #s: 1313-33-2-00-062
ACRES:
+1- 5.29 acres
Zoning
Land Use
N
A
N
SF residence
E
A
E
Cropland/SF residence to SE
S
A
S
SF residence
W
A
W
SF residence
COMMENTS:
Currently a vacant parcel planted in pasture.
/c
v3WLtrry�r
Chris Gathman - Planner III
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