HomeMy WebLinkAbout20191391.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Kim Ogle
Case Number: USR18-0122
Applicant: Front Range Hydro Bandits, LLC
do Rafael Ibarra, 26199 County Road 52, Kersey, CO 80644
Request:
Hearing Date: April 2, 2019
A Site Specific Development Plan and Use by Special Review Permit for 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 truck storage, parking and staging
and up to one 15,000 SF shop with office) 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 Lot A, RE -1413 being part of the N2SE4SW4SW4 of Section 28, T5N, R64W of the 6th
Description: P.M., Weld County, CO
Location: North of and adjacent to County Road 52; approximately 625 -feet east of County Road
53
Size of Parcel: +1- 4.66 acres
Parcel No. 0963-28-0-00-040
The criteria for review of this Special Review Permit are 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 Platte Valley Fire Protection District, referral dated December 12, 2018
y Central Weld County Water District, referral dated January 4, 2019
y Weld County Department of Public Health and Environment, referral dated January 3, 2019
y Weld County Department of Public Works, referral dated February 5, 2019
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Weld County Zoning Compliance, referral dated December 17, 2018
The Department of Planning Services' staff has not received responses from the following agencies:
y Town of Kersey
y Weld County Sheriff's Office
y West Greeley Conservation District
y Weld County Department of Building Inspection
USR18-0122
Front Range Hydro Bandits, LLC
Page 1
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Kim Ogle
Case Number: USR18-0122
Applicant: Front Range Hydro Bandits, LLC
do Rafael Ibarra, 26199 County Road 52, Kersey, CO 80644
Request:
Hearing Date: April 2, 2019
A Site Specific Development Plan and Use by Special Review Permit for 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 truck storage, parking and staging
and up to one 15,000 SF shop with office) 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 Lot A, RE -1413 being part of the N2SE4SW4SW4 of Section 28, T5N, R64W of the 6th
Description: P.M., Weld County, CO
Location: North of and adjacent to County Road 52; approximately 625 -feet east of County Road
53
Size of Parcel: +1- 4.66 acres Parcel No. 0963-28-0-00-040
Case Summary:
The property is proposed for the base of operations for Front Range Hydro Bandits, LLC. This company
services construction sites providing vacuum trucks, water trucks, dump trucks for on -site uses. Typically,
employees come to the property around 5:00 A.M., park their personal vehicles, and head out to the
construction site in a Hydro -Bandit truck and return to the property in the late afternoon and no later than
8:00 P.M. per the application materials. The proposed facility will have no full-time employees on site for
business operations and up to thirty (30) drivers driving fifteen (15) trucks may access the property at full
buildout of operations. Currently the property has the applicant's residence, a livestock shed and in the
future one up to 15,000 SF shop, company office and enclosed equipment maintenance area on site. The
application indicates there will be no outdoor storage of materials. Planning staff has received no telephone
calls or letters of opposition for this proposed use.
There is an active Zoning Violation (ZCV18-00062) initiated due to the presence of a trucking company
without first completing the necessary Weld County Zoning Permits. This case has been forwarded to the
County Attorney's Office for action but has been delayed pending the outcome of the land use case.
Approval of this application by the Board of County Commissioners would correct the outstanding violation.
If this application is denied, the case will continue through the County Court process until all but 1 (one)
Commercial Vehicle (which is allowed as an Accessory Use in the Agriculture Zone District) is removed.
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.
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Front Range Hydro Bandits, 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.
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.
The applicant acquired the 4.6 acre residential property in November 25, 2016 with the intention of
operating his business from the property. The location is in close proximity to County Highway 49
and State Highway 34 travelling on paved roads to these major traffic corridors. As the applicant
provides construction services to numerous sites in Weld County and beyond, this base of
operations affords the applicant to live, maintain and operate his business in close proximity to the
areas he serves.
Section 22-2-20. G.2. A.Policy 7.2 states "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 land that Front Range Hydro -Bandits, LLC is proposing to convert to an industrial use is a non -
irrigated small Recorded Exemption parcel located in a rural area south of the Town of Kersey. The
Town of Kersey in their Notice of Inquiry response dated November 30, 3018 indicated that the
property is not eligible for annexation at this time.
Section 22-2-20.1.5 A.Policy 9.5. states "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."
The site is located within the three-mile referral area of the Town of Kersey who did not wish to
annex at this time but requested the applicant to consider annexation if eligible. The property is
located within the Town of Kersey secondary urban growth area and Kersey Influence Area and is
encumbered with a future land use designation of "Undetermined Use" per the 2016
Comprehensive Plan. Local and State referral agencies were contacted for their comments
concerning this proposed facility and as appropriate, their comments have been included in the
staff recommendation as a Condition of Approval or a Development Standard. Planning staff has
not received any correspondence or telephone calls in opposition of this application.
Section 22-2-100.E. C.Goal 5. States "Minimize the incompatibilities that occur between commercial
uses and surrounding properties." The proposed facility borders several parcels created through the
recorded exemption process. All properties are on similar sized tracts of land and have residences.
As part of the application materials, the applicant provided three letters of support from adjacent
properties requesting little to no screening of the parking area. Given the intensity of the proposal
and comment received from the Town of Kersey in Notice of inquiry response, staff will require the
outdoor storage/staging of vehicles to be screened; a Parking Plan to address the parking location
on the property to mitigate the impacts of noise and exhaust onto neighboring properties and as a
condition of approval the site lighting will be directed downward and away from neighboring
properties.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
Citing the Weld County Code, Section 23-3-40.S of the Weld County Code lists any use permitted
as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial
Zone Districts (Front Range Hydro Bandits LLC intends to provide parking, staging and storage of
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the company vehicles and equipment) 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.
Agriculture in the County is considered a valuable resource which must be protected from adverse
impacts resulting from uncontrolled and undirected business, industrial and residential land uses.
The A (Agricultural) Zone District is 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) Zone District regulations are established
to promote the health, safety and general welfare of the present and future residents of the
County. Further, the proposal is located within an Intergovernmental Agreement urban growth
areas and growth management areas as defined in Town of Kersey's comprehensive plan. The
applicant reached out to the Town to discuss their land use plans and while not eligible for
annexation at this time, there are opportunities for future annexation as started in the NOI
response.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The property and surrounding areas are primarily rural residential development on tracts of land
created through the recorded exemption land use application process. There are nine (9) property
owners within 500 feet of the proposed facility with the nearest residence located 233 -feet to the east
and the second residence located 390 -feet to the west. Planning staff has not received any
correspondence or telephone calls concerning this application.
The Weld County Code requires screening of all outdoor parking, storage and staging areas
associated with a commercial business per Chapter 23, Article II, Division 4, Section 23-2-240.A.10
for the proposed use to be compatible with the surrounding uses. The applicant did provide
several letters of support in not having screening of the equipment and vehicles associated with the
business.
Should any lighting associated with the business be placed on the property, the lights shall be
shielded with the luminaire placed at 90 -degree to the ground plane.
The Weld County Department of Public Health and Environment has placed a Residential Noise Limit
for all business related activities on the property as defined in 25-12-103 C.R.S.
The Conditions of Approval require that the applicant submit a Lighting Plan, as applicable, an
Improvements and Road Maintenance Agreement (for roads and traffic) 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.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future 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 a three (3) mile referral area of the Town of Kersey and is located within
the Intergovernmental Agreement Area (IGA) for the Town of Kersey and Weld County. In the Notice
of Inquiry response dated November 30, 2018, the Town Planner states "The property is not eligible
for annexation at this time. We would request that they consider annexation when they are eligible
for at some time in the future." As previously stated, the 2016 Kersey Comprehensive Plan
designates this parcel of land as an undetermined use.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article XI, of the Weld County
Code. The existing site is within the County -Wide Road Impact Fee Area and the Capital Expansion
Impact Fee area.
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The site is not in a MS4, Special Flood Hazard, Geologic Hazard or the Airport Overlay area.
Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide
Road Impact Fee 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 located on 4.66 acres is designated as 'irrigated Land -- Not Prime" per the
1979 Soil Conservation Service Important Farmlands of Weld County Map. As there is no irrigation
water associated with the proposed facility and currently no irrigation located on site, no prime
agricultural lands 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. An Improvements and Road Maintenance Agreement is required for off -site improvements at this
location. Road maintenance includes, but is not limited to, dust control and damage repair to
specified haul routes. The Agreement shall include provisions addressing engineering requirements,
submission of collateral, and testing and approval of completed improvements. The off -site public
improvements that are triggered by the proposed development include a left hand deceleration lane
on County Road 52 at the access location, a left hand deceleration lane on County Road 53 at
County Road 52 and a right hand deceleration lane on County Road 53 at County Road 52.
(Department of Public Works)
B. 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)
C. The applicant shall address the requirements (concerns) of Central Weld County Water District as
stated in their referral dated January 4, 2019. Written evidence of such shall be submitted to the
Department of Planning Services. (Department of Planning Services)
D. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR18-0122 (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 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)
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5. The applicant shall delineate the opaque screened outdoor storage area for the parking of
personal vehicles and the parking and staging of all company vehicles, equipment and
materials. (Department of Planning Services)
6. County Road 52 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)
7. 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 operation. (Department of Public Works)
8. Show and label the approved tracking control on the site plan. (Department of Public Works)
9. 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)
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)
3. 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)
4. 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 added for each additional three
(3) month period. (Department of Planning Services)
5 Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
6. Prior to the issuance of the Certificate of Occupancy:
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A. An On -Site Wastewater Treatment System (OWTS) is required for the proposed shop 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 Planning
Services)
7. Prior to Operation:
A. Accepted construction drawings and construction of the off -site roadway improvements are required
prior to operation. (Department of Public Works)
8. The Use by Special Review 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
Front Range Hydro Bandits, LLC
USR18-0122
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0122, for 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 truck storage, parking and staging and up to one 15,000 SF
shop with office) 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, 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 5:00 A.M. to 8:00 P.M., as stated by the applicant(s). (Department of
Planning Services)
4. Number of employees principally employed at the facility is limited to thirty (30) persons per day, as
stated by the applicant(s). (Department of Planning Services)
5. 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)
6. All existing landscaping and proposed commercial vehicle, equipment and business materials
screening shall be maintained. (Department of Planning Services)
6. 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 & Environment)
7. 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 & Environment)
8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant
shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of
Public Health & Environment)
9. 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 &
Environment)
10. 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 & Environment)
11. Adequate drinking, hand washing and toilet facilities shall be provided for employees, at all times.
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 & Environment)
12. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
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13. For employees or contractors on site for less than two (2) consecutive hours a day and two (2) or
less employees, 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.
14. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off
for proper disposal. Records of installation, maintenance, and proper disposal shall be retained.
15. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling and in a manner, that minimizes the release of hazardous air pollutants (HAPs) and volatile
organic compounds (VOCs). All chemicals must be stored securely, on an impervious surface, and
in accordance with manufacturers' recommendations.
16. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in
accordance with the Rules and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency.
17. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code (Department of Public Health & Environment)
18. Sources of light shall be shielded so that beams or rays of light 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)
19. 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)
20. 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)
21. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
22. 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)
23. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
24. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit
and possible updates. (Department of Public Works)
25. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
26. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
27. Building permits will be required, per Section 29-3-10 of the Weld County Code. Currently the
following has been adopted by Weld County: 2018 International Residential Code, 2018 International
Building Code, 2018 International Mechanical Code, 2018 International Plumbing Code, 2018
International Plumbing Code, 2018 International Fuel Gas Code, 2006 International Energy
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Conservation Code, and 2017 National Electrical Code. (Department of Building Inspection)
28. 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)
29. 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)
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. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning
Services)
32. 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.
33. 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
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agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
state and county roads outside of municipalities. The sheer magnitude of the area to be served
stretches available resources. Law enforcement is based on responses to complaints more than on
patrols of the County, and the distances which must be traveled may delay all emergency responses,
including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who
must leave their jobs and families to respond to emergencies. County gravel roads, no matter how
often they are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
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February 26, 2019
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
IBARRA RAFAEL
26199 CR 52
Kersey, CO 80644
Subject: USR18-0122 - A Site Specific Development Plan and Use by Special Review Permit for 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 truck storage, parking and staging and up to one 15,000 SF shop
with office) 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:
LOT A REC EXEMPT RE -1413, PART W2SE4SW4SW4 SECTION 28, T5N, R64W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on April 2, 2019, at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on April 17, 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.weldcountyplanninqcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
Kim Og
Planner
December 10, 2018
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
IBARRA RAFAEL
26199 C R 52
Kersey, CO 80644
Subject: USR18-0122 - A Site Specific Development Plan and Use by Special Review Permit for 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 truck storage, parking and staging and up to one 15,000 SF shop
with office) 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:
PART W2SE4SW4SW4 SECTION 28, T5N, R64W LOT A REC EXEMPT RE -1413 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:
Kersey at Phone Number 970-353-1681
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,
Kim Og
Planner
FIELD CHECK- USR78-0722
Inspection Date: March 12, 2019
Applicant: Front Range Hydro Bandits, LLC c/a Rafael Ibarra
Request: A Site Specific Development Plan and Use by Special Review Permit for 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 truck storage, parking and staging and up to one 15,000 SF shop with office) 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: Lot A, RE -1413 being part of the N2SE4SVV4SW4 of Section 28, T5N, R64W of the 6th P.M., Weld
County, CO
Location: North of and adjacent to County Road 52; approximately 625 -feet east of County Road 53
Parcel ID #: 0963-28-0-00-040
Acres: 4.66 4/ -
Zoning
Land Use
N
AGRICULTURE
N
Rural residence and USR18-0032 Mineral Resource Dev. Facility
E
AGRICULTURE
E
Production agriculture with rural residence
5
AGRICULTURE
S
Rural residences
W
AGRICULTURE
W
Rural residences
Comments:
The property is located off County Road 52 an all-weather road gravel road There is a slight slope to the
east at the point of the internal access to the residence and outdoor storage yard located to the north of
the residence. There is a single point of access to the property and the entire property is fenced, with a
pipe rail fence fronting the county road and an opaque fence in areas and three strand barb wire fence at
the perimeter.
North of the house are animal pens for chickens and a kennel enclosure for the family dog.
Sig na
House(s)
,d Outbuilding(s)
Access to Property
o Crop Productions
- Site Distance
❑ Mobile Home(s)
_.0 ---Other Animals On -Site
❑ Water Bodies
❑ Ditch
)2i- Derelict Vehicles
❑ Non-commercial junkyard (list components)
❑ Irrigation Sprinkler
❑ Crops
❑ Wetlands
.a- Oil & Gas Structures
❑ Wildlife
❑ Utilities On -Site (transmission lines)
Topography
Note any commercial business/commercial vehicles that are operating from the site. — Hydro -Bandits
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