HomeMy WebLinkAbout20194347.tiff LAND USE APPLICATION
SUMMARY SHEET
coL_17Yc
Planner: Angela Snyder Hearing Date: September 17, 2019
Case Number: USR19-0053
Applicant: Patricia Nash
Request: A Site Specific Development Plan and Use by Special Review for more than three (3)
semi-trailers used as personal storage units and any Use Permitted as a Use by Right,
an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone
Districts (commercial vehicle parking) provided that the property is not a lot in an
approved or recorded subdivision plat or lots part of a map or plan filed prior to adoption
of any regulations controlling subdivisions in the A(Agricultural)Zone District.
Legal Being a part of the W2NW4 of Section 26, Township 2 North, Range 66 West of the
Description: 6th P.M, Weld County, Colorado
Location: South of and adjacent to County Road 18, east of and adjacent to Patrick Street
Size of Parcel: +1- 76 acres Parcel No. 1309-26-2-00-003
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:
Colorado Division of Water Resources, referral dated August 6, 2019
Weld County Zoning Compliance, referral dated August 2, 2019
Weld County Department of Public Health and Environment, referral dated August 16, 2019
Weld County Department of Public Works, referral dated September 4, 2019
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Fort Lupton Fire Protection District, referral dated September 6, 2019
Y Weld County Sheriff's Office, referral dated September 3, 2019
Y Weld County School District RE-8, referral dated August 19, 2019
The Department of Planning Services' staff has not received responses from the following agencies:
Y City of Fort Lupton
Y Weld County Assessor
Colorado Parks and Wildlife
Aristocrat Ranchettes Water
USR19-0053—Nash
Page 1
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
�L- . CUNT�
Planner: Angela Snyder Hearing Date: September 17, 2019
Case Number: USR19-0053
Applicant: Patricia Nash
Request: A Site Specific Development Plan and Use by Special Review for more than three (3)
semi-trailers used as personal storage units and any Use Permitted as a Use by Right,
an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone
Districts (commercial vehicle parking) provided that the property is not a lot in an
approved or recorded subdivision plat or lots part of a map or plan filed prior to adoption
of any regulations controlling subdivisions in the A(Agricultural)Zone District.
Legal Being a part of the W2NW4 of Section 26, Township 2 North, Range 66 West of the
Description: 6th P.M, Weld County, Colorado
Location: South of and adjacent to County Road 18, east of and adjacent to Patrick Street
Size of Parcel: +1- 76 acres Parcel No. 1309-26-2-00-003
Case Summary:
The owner and applicant is Patricia Nash. Her brother, Mike Nash, lives on the property and operates the
ten (10) commercial vehicles onsite. The trucks are hauling vehicles such as end dump, side dump, belly
dump or rock tub. They are used primarily for agricultural support and oil and gas support but are also used
for construction projects. The commercial vehicles stored on the property are not used regularly and the
applicant indicated that there are no current employees, however he may have up to ten (10)employees in
the future. Hours of operation will be 5:30 am to 7:00 pm. No lighting is proposed. No washing or
maintaining of vehicles will occur onsite. No fuel will be stored onsite. The property also has three(3)semi-
trailers parked on site being used for personal storage.
An active zoning violation (ZCV19-00083) exists on the property due to the parking of three (3) or more
commercial vehicles and more than two (2) semi-trailers used as storage (three (3) semi-trailers) without
first completing the necessary land use permits. This case has not been forwarded to the County Attorney.
Approval of this application by the Board of County Commissioners would correct the outstanding violation.
If this application is denied, the Department of Planning Services asks that the Board refer this case to the
County Attorney's Office for legal action, but to delay legal action for 30 (thirty) days to reduce the number
of commercial vehicles to one (1), the number of semi-trailers used as storage is reduced to two (2) and to
remove all associated commercial storage and operations from the property. A noncommercial junkyard
exists onsite that also needs to be screened from adjacent properties and rights-of-way to correct the zoning
violation.
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:
USR19-0053—Nash
Page 2
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20.G.A.Goal 7. County land use regulations should protect the individual
property owner's right to request a land use change.
If impacts can be mitigated and the proposal is compatible with the area, staff supports the
property owner's right to request a land use change.
Section 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 property is large, eighty (80) acres, and, with adequate screening, can be compatible
with the region.
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. Encourage applicants to communicate with those affected by the
proposed land use change through the referral process.
Anadarko Petroleum Corporation, a subsidiary of Occidental Petroleum Corporation, in an
email dated August 22, 2019, expressed concern that their easement had been impeded
upon. Staff will ensure that the site plan show that neither traffic flow nor parking and storing
is within the easement. Staff will also visually inspect the easement prior to recording the
plat.
Section 22-2-80.F.2. (.Policy 6.2. Support the use of visual and sound barrier landscaping
to screen open storage areas from residential uses or public roads.
A Landscape and Screening Plan has been requested as a Condition of Approval 1.B to
separate the commercial parking and storage from adjacent properties and rights-of-way.
Section 22-2-80.F4. 1.Policy 6.4. Ensure that industrial properties are free of derelict
vehicles, refuse, litter and other unsightly materials.
Condition of Approval 1.A addresses the noncommercial junkyard on site and requires that
it be screened prior to recording the plat.
Section 22-2-100.E. C.Goal 5. Minimize the incompatibilities that occur between
commercial uses and surrounding properties.
Conditions of Approval 1.A and 1.B and Development Standards 8, 24, and 28 will
adequately mitigate the concerns of adjacent property owners and mineral interests.
The proposed use is in an area that can support this development, as the required
screening, the Development Standards, and the Conditions of Approval will assist in
mitigating the impacts of the facility on the adjacent properties and ensure compatibility
with surrounding land uses and the region.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural)Zone District.
Section 23-3-10 ...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 A (Agricultural)
USR19-0053—Nash
Page 3
Zone District regulations are established to promote the health, safety and general welfare
of the present and future residents of the County.
The parking of more than two trucks or using more than two semi-trailers for storage
requires a Use by Special Review so that potential impacts can be mitigated.
Section 23-3-40.W. Oil and Gas Support and Service.
The business supports the oil and gas industry in Weld County, providing vehicles for the
delivery of products for production well pads and infrastructure.
Section 23-3-40.FF More than the number of semi-trailers as accessory storage allowed
by right or by permit.
According to Section 23-3-30.F, lots in the A (Agricultural) Zone District outside of
subdivisions and historic townsites are allowed up to two (2) semi-trailers used as
accessory storage per legal lot.The applicant has three(3)semi-trailers used as accessory
storage and therefore requires a Use by Special Review Permit.
Former Code Section Section 23-3-40.S. Any use permitted as a Use by Right, an
ACCESSORY USE, or a Use by Special Review in the COMMERCIAL or industrial zone
districts,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. PUD development proposals shall not be permitted to use the special review
permit process to develop.
The commercial vehicles are not specifically oil and gas support and service and therefore
Planning Staff determined that this code
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The property is adjacent to the second and third filings of Aristocrat Ranchettes subdivision
and several residences. The Department of Planning Services sent notice to fifty-five (55)
Surrounding Property Owners. Staff received correspondence from two (2) surrounding
property owners. One letter objected to the presence of a junkyard and the concerns
regarding increased scrap and unused vehicles to be stored onsite and blowing debris.
Anadarko Petroleum Corporation, a subsidiary of Occidental Petroleum Corporation, owns
adjacent property and operates oil and gas facilities on the east side of the property and
expressed concern that an easement had been impeded upon. Staff will ensure that the
site plan traffic flow or parking and storing is not within the easement.
There are thirty-three (33) USRs within one mile of the site: ten (10) kennels, three (3) oil
and gas facilities,three(3)greater than 12" natural gas pipelines, a turkey farm, a livestock
confinement operation, two (2) accessory structures over four percent (4%), an auction
site, two (2) auto repair facilities, commercial truck parking, a beauty salon, a
communication tower, a public utility, a concrete business, and three (3)transmission lines
with a substation.
Conditions of Approval 1.B and 1.C require that the applicant submit a Landscape and
Screening Plan and an Improvements and Road Maintenance Agreement. The
Development Standards and Conditions of Approval will assist in mitigating the impacts of
the facility on the adjacent properties and ensure compatibility with surrounding land uses
and the region.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other
USR19-0053—Nash
Page 4
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 and Coordinated Planning
Agreement(CPA) area of the City of Fort Lupton, which returned a response indicating no
concerns and no desire to annex the property.
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 entirely located lands designated as "Others' per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map therefore no prime soils
are affected by this proposal.
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. The noncommercial junkyard shall be removed from any pipeline easements and screened
from public rights-of-way and adjacent properties. (Department of Planning Services)
B. The applicant shall submit a Landscape and Screening Plan that screens the parking and
storage area from the Surrounding Property Owners and rights-of-way. (Department of
Planning Services)
C. An Improvements and Road Maintenance Agreement is required for off-site improvements
at this location. Road maintenance includes but is not limited to damage repair to specified
haul routes and future improvement triggers. (Department of Public Works)
D. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR19-0053 (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 map shall delineate the screened commercial vehicle parking area, employee
USR19-0053—Nash
Page 5
parking area and location of storage trailers. (Department of Planning Services)
5. The map shall delineate the landscaping and/or screening in accordance with the
approved Landscape and Screening Plan. (Department of Planning Services)
6. 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)
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. County Road 18 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 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)
9. Show and label the approved access locations, approved access width and the
appropriate turning radii (60') on the site plan. The applicant must obtain an access
permit in the approved location(s) prior to construction. (Department of Public Works)
10. Show and label the approved tracking control on the site plan. (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 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 plat 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. The approved access and tracking control shall be constructed prior to on-site construction.
(Department of Public Works)
USR19-0053—Nash
Page 6
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
5. The Use by Special Review is not perfected until the Conditions of Approval are completed and the
map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on
the property, until the Use by Special Review map is ready to be recorded in the office of the Weld
County Clerk and Recorder or the applicant has been approved for an early release agreement.
(Department of Planning Services)
USR19-0053—Nash
Page 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Patricia Nash
USR19-0053
1. A Site Specific Development Plan and Use by Special Review, USR19-00053, for more than three (3)
semi-trailers used as personal storage units and any Use Permitted as a Use by Right, an Accessory
Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (commercial vehicle
parking) provided that the property is not a lot in an approved or recorded subdivision plat or lots part
of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A(Agricultural)
Zone District. (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 5:30 a.m. to 7:00 p.m., Monday — Sunday, as stated in the application
materials. (Department of Planning Services)
4. The number of 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 ten (10) as stated in the application materials.
(Department of Planning Services)
6. The number of semi-trailers used for accessory storage shall be up to three (3) as stated in the
application materials. (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 proposed landscaping and screening of the parking and storage areas 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 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)
11. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Department of Public Works)
12. 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)
13. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
14. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit
and possible updates. (Department of Public Works)
15. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
16. 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)
USR19-0053—Nash
Page 8
17. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and
Facilities Act, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment)
18. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall
operate in accordance with Chapter 14, Article 1 of the Weld County Code. The accepted dust and
waste management plan shall be adhered to. (Department of Public Health and Environment)
19. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with
the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and
Environment)
20. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
21. Any On-site Waste Water 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)
22. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and patrons of
the facility, at all times. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. (Department of Public Health and Environment)
23. 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, contain hand sanitizers and be screened from existing adjacent
residential properties and public rights-of-way. (Department of Public Health and Environment)
24. The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code. (Department of Public Health and Environment)
25. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties.
Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in
accordance with the map. Neither the direct, nor reflected, light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used
which may be confused with,or construed as,traffic control devices. (Department of Planning Services)
26. Building permits 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. (Department of Building
Services)
27. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code. (Department of Planning Services)
28. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time with
notice to the property owner 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)
USR19-0053—Nash
Page 9
29. 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)
30. 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)
31. 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.
32. 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
USR19-0053—Nash
Page 10
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.
USR19-0053—Nash
Page 11
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: asnyder@weldgov.com
PHONE: (970)400-3525
r FAX: (970) 304-6498
August 26, 2019
MICHAEL NASH
16136CR18
FORT LUPTON, CO 80621
Subject: USR19-0053 - A Site Specific Development Plan and Use by Special Review for more than
three (3) semi-trailers used a personal storage units 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 (commercial
vehicle parking) provided that the property is not a lot in an approved or recorded subdivision plat or lots
part 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:
W2NW4 SECTION 26, T2N, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on September 17, 2019, at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on October 9,
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, }}
/-Tr)
Angela Snyder
Planner
iQ4Ao. DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: asnyder@weldgov.com
' PHONE: (970)400-3525
(-7,;-) N . FAX: (970) 304-6498
August 01, 2019
MICHAEL NASH
16136CR18
FORT LUPTON, CO 80621
Subject: USR19-0053 - A Site Specific Development Plan and Use by Special Review for more than
three (3) semi-trailers used a personal storage units 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 (commercial
vehicle parking) provided that the property is not a lot in an approved or recorded subdivision plat or lots
part 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:
W2NW4 SECTION 26, T2N, R66W 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:
Fort Lupton at Phone Number 303-857-6694
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,r€
fJ r tit
4,}C-` G+Y `ffff'__`l 1/
Angela Snyder
Planner
FIELD CHECK Inspection Date: 9/7/2019
Planner: Angela Snyder Hearing Date: 9/17/2019
Case Number: USR19-0053
Applicant: Patricia Nash
Request: A Site Specific Development Plan and Use by Special Review for more than three (3)
semi-trailers used a personal storage units 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 (commercial vehicle parking) provided that the property is not a lot in an
approved or recorded subdivision plat or lots part of a map or plan filed prior to adoption
of any regulations controlling subdivisions in the A(Agricultural)Zone District.
Legal Being a part of the W2NW4 of Section 26, Township 2 North, Range 66 West of the
Description: 6th P.M, Weld County, Colorad
Location: South of and adjacent to County Road 18, east of and adjacent to Patrick Street
Size of Parcel: +/- 76 acres Parcel No. 1309-26-2-00-003
Zoning Land Use
N A (Agricultural) N Agriculture
E A (Agricultural) E Ag, Rural Residential (1000 FT)
S A (Agricultural) S Suburban Residential (1700 FT)
W A (Agricultural) W Suburban Residential (600 FT)
COMMENTS:
There are several homes within the vicinity located in Aristocrat Ranchettes. Significant amounts
of scrap metal are onsite, several personal vehicles, commercial vehicles and trailers parked
onsite. All visible from the road.
} {� k l •Cf ••• l1
Angela'Snyder, Plannth
Hello