HomeMy WebLinkAbout20184127.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Kim Ogle Hearing Date: November 20, 2018
Case Number: USR18-0059
Applicant: Shocker Trucking Inc. and Flip Side Logistics, LLC do Travis & Dian Shockley
Address: 18757 County Road 55, Kersey, Colorado 80644
Request: A Site Specific Development Plan and Use by Special Use 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 (parking, staging and storage of commercial
vehicles and equipment and an office), 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
Description:
Location:
Lot A, RECX18-0129 being a part of the E2NE4 of Section 33, T4N, R64W of the 6'"
P.M., Weld County, CO
South of and adjacent to County Road 40; west of and adjacent to County Road 55
Size of Parcel: +1- 10 acres Parcel No. 1053-33-0-00-011
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:
➢ Weld County Zoning Compliance, referral dated June 15, 2018
▪ Weld County Department of Public Health and Environment, referral dated July 9, 2018
▪ Weld County Department of Public Works, referral dated July 13, 2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
VVVVV°
State of Colorado Department of Parks & Wildlife, referral dated June 15, 2018
Platte Valley Fire Protection District, referral dated June 18, 2018
Southeast Weld Conservation District, referral dated June 19, 018
Weld County Sherriffs Office, referral dated June 22, 2018
Platte Valley School District, Weld RE -7, referral dated June 25, 2018
The Department of Planning Services' staff has not received responses from the following agencies:
State of Colorado, Department of Labor & Employment
Weld County Department of Building Inspection
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Dian and Travis Shockley
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Planner:
Case Number:
Applicant:
Address:
Request:
Legal
Description:
Location:
Size of Parcel:
Case Summary:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Kim Ogle
USR18-0059
Shocker Trucking Inc. and Flip Side Logistics, LLC c/o Travis & Dian Shockley
18757 County Road 55, Kersey, Colorado 80644
Hearing Date: November 20, 2018
A Site Specific Development Plan and Use by Special Use 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 (parking, staging and storage of commercial
vehicles and equipment and an office), 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, RECX18-0129 being a part of the E2NE4 of Section 33, T4N, R64W of the 6'"
P.M., Weld County, CO
South of and adjacent to County Road 40; west of and adjacent to County Road 55
+/- 10 acres Parcel No. 1053-33-0-00-011
Shocker Trucking is a small trucking company specializing in oversize freight. The company has a small
fleet of trucks and associated specialized equipment to haul legal and oversize loads, including a variety
of trailers from standard flat beds to Extendable RGN trailers.
The property has no physical improvements on site road base will cover approximately one acre in area in
the northeast quadrant of the property near the DCP Marla compressor station. In this area, parking,
storage and staging of vehicles and equipment will be located. Drivers have an area on the north side of
the property to park personal vehicles. This facility is not open to the public.
The property is in violation of the Weld County Code initiated due to the due to the presence of a commercial
trucking operation without first completing the necessary Weld County Zoning Permits. Approval of this
application by the Board of County Commissioners would correct the outstanding violations. If this
application is denied, the case will continue through the District Court process until the violations are
removed from the property.
THE 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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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.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 property is located outside of the Inter -Governmental Agreement and Urban Growth
Boundary Areas and is not within the three mile referral area of a municipality and is located in
rural Weld County on a parcel of land less than one mile from a paved road The property is the
residence and base of operations for Shocker Trucking, LLC and provides for parking, staging
and storage of the company vehicles and equipment.
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."
Ten (10) referral agencies reviewed this land use application and three (3) offered comments
that are addressed through the Conditions of Approval and Development Standards.
Section 22-6-20.A ECON.Goal 1. Encourage the expansion of existing businesses and the location
of new industries that will provide employment opportunities in the County.
The current operator utilizes a small area of the ranch to operate a small specialized over -the -road
trucking business that specializes in oversized freight for delivery across the Country. While the
company trucks are on the road, employees, including drivers may park their personal vehicles on
site for the duration of the trucking job.. .
Section 22-2-100.E. C.Goal 5. States "Minimize the incompatibilities that occur between
commercial uses and surrounding properties."
The facility adjacent to County Road 55 and utilizes the same access to the property for the
Shockley residence and business. There are adjacent residences in the general area,
predominately to the south and west. To the north is the DCP Marla Compressor Station, lands
permitted for a dairy and a high pressure gas line; to the east are vacant lands and the Box Elder
Creek floodplain, all surrounding lands have oil and gas encumbrances including well heads and
tank batteries.
The property owners sent by US Mail a letter dated May 10, 2018 to all surrounding property owners
inviting them to an open house on Sunday May 20, 2018. There were no neighbors who responded
or attended the open house.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District. Chapter 23, Article III, Division 1, Section 23-3-10 addresses the intent of the Agricultural
Zone District. 'The A (Agricultural) Zone District is established to maintain and promote
agriculture as an essential feature of the County. 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."
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Section 23-3-30 addresses Accessory Uses in the Agricultural Zone District, Subsection 23-3-
40.M addresses Commercial Vehicles. "No additional Commercial Vehicles are allowed, unless
part of a commercial or industrial use otherwise permitted by Subsection 23-3-40.S."
Section 23-3-40.S states "Any use permitted as a Use by Right, an Accessory Use, or a Use by
Special Review in the Commercial or Industrial zone districts (parking, staging and storage of
commercial vehicles and equipment and an office), 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."
The property owner and applicant operate, albeit in violation of operating without a land use
permit, a small family trucking business from the property.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses. The facility is located adjacent to County Road 55 and above the adjacent
elevations of all surrounding land and utilizes the same access to the property for the Shockley
residence and business. There are adjacent residences in the general area, predominately to the
south and west. To the north is the DCP Marla Compressor Station, lands permitted for a dairy
that appears to not be in existence, and a high pressure gas line; to the east are vacant lands and
the Box Elder Creek floodplain, all surrounding lands have oil and gas encumbrances including
well heads and tank batteries.
The Weld County Code requires 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. As a condition of approval the site lighting will be directed downward
and away from neighboring properties and incorporating the Dark Sky policy.
Planning staff has not received any correspondence from surrounding property owners or
interested persons about this case.
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 not located within three miles of a municipality or County.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld County
Code. The existing site is not located within the 100 -year Floodplain, Airport, Geologic Hazard or
MS4 areas.
Building Permits issued on the proposed lot will be required to adhere to the fee structure of the
County Facility Fee, Drainage Impact Fee and Capital Expansion 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 10 acres designated 'Other Land" per the 1979
Soil Conservation Service Important Farmlands of Weld County Map. The site does not have
irrigation water rights therefore no prime farm ground will be removed from the County.
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.
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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 USR map:
A. The applicant shall submit the approved and signed RECX18-0129 Recorded Exemption Plat
B. The applicant shall submit a Lighting Plan, incorporating the Dark Sky policy, for review and
acceptance by the Department of Planning Services in accordance with Section 23-3-250.B.6 and
Section 23-2-250.D of the Weld County Code. (Department of Planning Services)
C. The applicant shall submit a Visual Mitigation and Screening Plan to the Department of Planning
Services for review and acceptance in accordance with Section 23-3-250.A.5 of the Weld County
Code. (Department of Planning Services)
D. The applicant shall submit a Sign Plan, if applicable, in compliance with Chapter 23, Article IV,
Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code to the Department of
Planning Services for review and acceptance. (Department of Planning Services)
E. 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.
(Department of Public Works)
F. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR18-0059 (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 show and label the location of the proposed buildings, as applicable.
5. The applicant shall show and label the location of the truck parking, employee parking and
equipment storage and staging areas.
6. The applicant shall delineate the trash collection areas. (Department of Planning Services)
7. The visual mitigation and screening shall be shown on the map in accordance with Section 23-
3-250.A.5 of the Weld County Code. (Department of Planning Services)
8. The lighting shall be shown on the map in accordance with Section 23-3-250.B.6 of the Weld
County Code. (Department of Planning Services)
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9. The parking shall be shown on the map in accordance with Section 23-3-250.A.2 of the Weld
County Code. (Department of Planning Services
10. Show the location and dimension of the facility sign, if applicable. 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)
11. County Road 40 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 on the site plan the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by Weld County. (Department
of Public Works)
12. County Road 55 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 on the site plan the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by Weld County. (Department
of Public Works)
13. 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)
14. Show and label the approved tracking control on the site plan. (Department of Public Works)
15. 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)
16. The applicant shall show the drainage flow arrows. (Department of Public Works)
17. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Public Works)
18. Show and label all easements with the recorded document reception number and date on the
site plan. (Department of Planning Services)
19. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the
plat per the setback requirements of 23-3-50.E of the Weld County Code. . (Department of
Planning Services)
2. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Planning Services -Engineer)
B. The approved access and tracking control shall be constructed prior to on -site construction. This
site requires a tracking control device and 100 feet of asphalt OR 300 feet of asphalt for tracking
control. (Department of Public Works)
3. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy
(.pdf) of the USR 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
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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. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review,
as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS
formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB).. The preferred format for
Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us. (Department of Planning Services)
6. 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
Dian and Travis Shockley
Shocker Trucking, Inc. and Flip Side Logistics LLC
USR18-0059
I. A Site Specific Development Plan and Use by Special Use Permit, USR18-0059, 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 (parking, staging and storage of commercial vehicles and equipment and an
office), 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 are:
Company Office: 8:00 a.m. - 3:00 p.m. Monday — Friday
Over -the -road truck drivers: 24 hours/ day Monday through Friday, as stated by the applicants.
(Department of Planning Services)
4. The number of persons employed on site shall be restricted to up to twelve (12) persons, as stated by
the applicants. (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. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant
to Chapter 15, Articles I and II, of the Weld County Code. (Department of Public Works)
7. The access on the site shall be maintained to mitigate any impacts to the public road including damages
and/or off -site tracking. (Department of Public Works)
8. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
9. 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)
10. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
11. The Improvements Agreement for this site shall be reviewed on an annual basis, including possible
updates. (Department of Public Works)
12. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
13. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
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14. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
15. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
16. 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 and the accepted waste handling
plan. (Department of Public Health and Environment)
17. 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)
18. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
19. 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 and Environment)
20. 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. (Department of Public Health and
Environment)
21. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The existing
well (permit 234205) cannot be used for the business unless it is repermitted to allow commercial use.
(Department of Public Health and Environment)
22. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling and in a manner, that minimizes the release of hazardous air pollutants (HAPs) and volatile
organic compounds (VOCs). All chemicals must be stored securely, on an impervious surface, and in
accordance with manufacturers' recommendations. (Department of Public Health and Environment)
23. 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)
24. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where
such would cause a nuisance or interfere with the use on the adjacent properties in accordance with
the Dark Sky standards and the plan. Neither the direct, nor reflected, light from any light source may
create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may
be used which may be confused with, or construed as, traffic control devices. (Department of Planning
Services)
25. The visual mitigation or screening on the site shall be maintained. (Department of Planning Services)
26. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2012 International Codes, 2006 International Energy
Code, and 2017 National Electrical Code. A Building Permit Application must be completed and two (2)
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complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer
must be submitted for review. A Geotechnical Engineering Report performed by a Colorado registered
engineer shall be required or an Open Hole Inspection. (Department of Building Inspection)
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.
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 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.
29. 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.
30. 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.
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 maybe 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
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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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October 22, 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
SHOCKLEY TRAVIS L
18757 CR 55
KERSEY, CO 80644
Subject: USR18-0059 - A Site Specific Development Plan and Use by Special Use 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 (parking, staging and storage of commercial vehicles and equipment and an
office), 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 E2NE4 SECTION 33, T4N, R64W LOT B REC EXEMPT RE -3018 of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on November 20, 2018, at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on December
26, 2018 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.orq
If you have any questions concerning this matter, please call.
Respectfull
Kim Ogle
Planner
June 14, 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
SHOCKLEY TRAVIS L
18757 COUNTY ROAD 55
KERSEY, CO 806449141
Subject: USR18-0059 - A Site Specific Development Plan and Use by Special Use 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 (parking, staging and storage of commercial 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 in the A (Agricultural) Zone District
On parcel(s) of land described as:
PART E2NE4 SECTION 33, T4N, R64W LOT B REC EXEMPT RE -3018 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.
If you have any questions concerning this matter, please call.
Re pect ujly,
Kim Og
Planner
FIELD CHECK - USR18-0059
Inspection Date: September 5, 2018
Applicant: Travis & Dian Shockley
Request: A Site Specific Development Plan and Use by Special Use 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
(parking, staging and storage of commercial vehicles and equipment and an office), 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 B, RE -3018 being part of the E2NE4 of Section 33, Township 4 North, Range 64 West of the 6th P.M.,
County of Weld, State of Colorado
Location: South of and adjacent to County Road 40; west of and adjacent to County Road 55
Parcel #: 1053-33-0-00-011
Acres: 61.2 acres
Zoning
Land Use
N
AGRICULTURE
N
DCP Marla Compressor Station;
E
AGRICULTURE
E
Vacant pasture and Box Elder Floodplain
S
AGRICULTURE
S
Rural residence and pasture lands
W
AGRICULTURE
W
Rural residence and pasture lands
Comments:
The property is positioned above County Road 40 by approximately 4 feet and is also positioned above
County Road 55 by the same height. At the midpoint of the property heading south on County Road 55 is
the lone access to the property. This access is graveled and graded and enters the site moving past the
outbuildings, parking area and equipment storage areas before heading south to a mature landscaped
residence. The residence has limited visibility from the surrounding property and is partially visible from
the south looking north on County Road 55.
The areas utilized for hay production are fenced and currently cattle and horses are grazing on these
areas.
Signature
❑ Access to Property, graveled and graded with a secure point of entry,
❑ Site Distance, good visibility
❑ Oil & Gas Structures on adjacent property
❑ Topography, generally slopes to the south on this site
Note any commercial business/commercial vehicles that are operating from the site. Yes, in review here
Hello