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LAND USE APPLICATION
SUMMARY SHEET
Kim Ogle Hearing Date: June 6, 2017
USR17-0016
Ralph Walker c/o WW, LLC 9896 Rosemount Avenue, Suite 104, Lone Tree CO
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 (RV and boat storage, a dump station, enclosed
self -storage and the parking and staging of trash containers, roll offs, and vehicles and/or
equipment and four (4) individual flex office buildings) 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 B of Recorded Exemption No. RECX16-0076 being part of the SE4 of Section 33,
Township 1 North, Range 67 West of the 6th P.M., Weld County Colorado
North of and adjacent to County Road 2; Approximately 0.5 Miles east of County Road 17
Size of Parcel: +1- 73.98 acres Parcel No. 1469-33-4-00-042
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 Department of Water Resources, referrals dated March 8 and 24, April 5 and April 6, 2017
Colorado Parks & Wildlife, referral dated March 15, 2017
Brighton Fire Protection District, referrals dated March 21, 2017 and April 11, 2017
Weld County Public Works Department - Access, referral dated March 23, 2017
Weld County Public Works Department, referral dated March 24, 2017
Weld County Department of Public Health & Environment, referral dated March 31, 2017
Kerr-McGee OnShore, LP, referral dated April 4, 2017
Weld County Department Planning Services - Engineer, April 5, 2017
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
4) Weld County Zoning Compliance, referral dated March 6, 2017
4) Weld County Sheriff's office, referral dated March 29, 2017
4) City of Northglenn, referral dated April 6, 2017
4) City of Dacono, referral dated April 6, 2017
The Department of Planning Services' staff has not received responses from the following agencies:
Air
K.P. Kauffman
Adams County
Mountain View Water Users Association
West Adams County Conservation District
) Department of Building Inspection
") State of Colorado Public Health & Environment
USR17-0016, WW LLC do Ralph Walker, page 1 of 11
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SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Kim Ogle Hearing Date: June 6, 2017
USR17-0016
Ralph Walker clo WW, LLC 9896 Rosemount Avenue, Suite 104, Lone Tree CO
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 (RV and boat storage, a dump station, enclosed
self -storage and the parking and staging of trash containers, roll offs, and vehicles and/or
equipment and four (4) individual flex office buildings) 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 B of Recorded Exemption No. RECX16-0076 being part of the SE4 of Section 33,
Township 1 North, Range 67 West of the 6th P.M., Weld County Colorado
North of and adjacent to County Road 2; Approximately 0.5 Miles east of County Road 17
+/- 73.98 acres Parcel No. 1469-33-4-00-042
The applicant proposes to construct a screened outdoor surface parking RV storage facility with limited
perimeter covered parking. Adjacent to the west is a proposed 511 -unit self -storage facility. The
office/residence on site is for the site manager.
There is currently an unpermitted roll -off and dumpster business catering to construction industry for sites in
the north metro area of Denver on site. Per the application materials, the dumpsters are returned empty, as
no trash or debris is brought back to the property after use. The roll -off and dumpster containers are in
constant demand and are either stored on -site, at area landfills or at the job site. All trucks associated with
the business are parked in the existing garage/shop facility on site and are out of sight.
Adjacent to the existing garage/shop building the applicant is proposing four flex office buildings that do not
currently have a defined user and or defined use.
The Division of Water Resources has approved a commercial well (80734-F) which states: "The use of
ground water from this well is limited to commercial and irrigation" uses and will provide water for the entire
property. There is a lavatory in the existing garage/shop building utilized by the roll -off and dumpster
business, however the septic system is not permitted. Access to the property is from County Road 2 (168th
Avenue) that is maintained by Adams County. Requirements for access, including the number of approved
access points will be a part of the access permit policy per Adams County. Adams County did not return a
referral response regarding this land use application.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
DENIED 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 not shown compliance
with Section 23-2-220 of the Weld County Code as follows:
USR17-0016, WW LLC do Ralph Walker, Page 2 of 11
A. Section 23-2-220.A.1 -- The proposed use is not consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect.
Section 22-2-20.B - A.Policy 2.2 states, "Allow commercial and industrial uses, which are directly
related to or dependent upon agriculture, to locate within agricultural areas when the impact to
surrounding properties is minimal or mitigated and where adequate services and infrastructure are
currently available or reasonably obtainable...."
The applicant is proposing a commercial use for the agriculturally zone property to provide a RV and
boat storage, a dump station, enclosed self -storage and the parking and staging of trash containers,
roll offs, and vehicles and/or equipment and four (4) individual flex office buildings that will be used for
office and warehouse space for lease. The property has historically been utilized as a dryland
agricultural parcel having large earthen berms to catch the overland flows of water and later utilized
for agricultural operations. This tract of land is surrounded by an established neighborhood of rural
residential properties, many with moderate to higher end residences, agricultural outbuildings, some
properties also have indoor equestrian facilities and arenas.
Section 22-2-20.G.7 - 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 site is located within the three (3) mile referral area of Cities of Northglenn and Dacono and
Adams County. The Cities of Northglenn and Dacono each returned a referral dated April 6, 2017
indicating no conflict with their interests and Adams County did not respond to the referral request.
The property owner has been approved a commercial well from the Division of Water Resources.
The property lies outside of the Intergovernmental Agreement Area with Weld County and is within
the Comprehensive Planning area for the City of Dacono. The City has designated this area as very
low residential in their adopted Comprehensive Land Use Plan map dated January 2005. Review of
Dacono Municipal Code, Chapter 16, Article 29 outdoor storage shall only be permitted as an
accessory use, and in no case shall the storage or parking of trailers, boats, RV recreational vehicles,
vehicles, semi -trailers, cargo containers or shipping containers outdoors, or the warehousing of goods
in such containers, be permitted as the principle use.
In the City of Dacono, outdoor storage means the keeping of inventory, goods, material, or
merchandise, including raw, semi -finished, and finished materials for any period of time and as an
accessory to the primary use of the establishment, typically retail. Storage related to a residential
use, required vehicular parking areas, nurseries, and the sale of automobiles or other vehicles shall
not be considered such.
The Department of Planning Services has received six letters of concern/opposition from property
owners who live to the west, east and southwest of the proposed site. The letters listed several
common concerns/issues:
• The business is not an agricultural related use;
• Impacts on property values, including re -sale opportunities;
• A potential eyesore;
• Increased traffic on area roads and Traffic impacts;
• Traffic safety - the potential for staging on CR 2 from vehicles waiting to enter the facility;
• Nuisance vermin and debris including rodents and insects from roll -offs;
• Not compliant with current land uses and future expectations;
• Potential for crime (theft and vandalism) with no on -site management.
These uses as defined in the request are not supported by the Weld County Comprehensive Plan
and the uses as requested are not directly related to or dependent upon agriculture, and may impact
the surrounding neighborhood and adjacent rural residential properties through an increase in area
traffic and new turning movements into and out of the property; on -site lighting that will produce
USR17-0016, WW LLC do Ralph Walker, Page 3 of 11
ambient and possibly transient light onto adjacent property and public rights -of -way and will reduce
the dark sky enjoyed by adjacent property owners; the potential for nuisance conditions to develop
including the introduction of rodents and insects from roll -offs and the potential for new neighborhood
security issues as the facility is staffed during business hours only. Furthermore, a RV, boat storage
and parking for non-commercial vehicles was approved for a property east of County Road 19 and
north of County Road 2.
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.
Should the Planning Commission approve the proposal, the Department of Planning Services recommends
the following conditions:
1. Prior to recording the USR map:
A. The applicant shall provide written evidence that the Mountain View Water Users Association
residential water line extended to the existing building located in the northwest corner of the parcel
has been disconnected, plugged and abandoned per the requirements of the water users association.
Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services.
(Department of Planning Services)
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 Planning Services -Engineer)
C. County Road 2 owned and maintained by Adams County. Adams County has jurisdiction over all
accesses within their jurisdiction. Please contact the County to verify the access permit or for any
additional requirement that may be needed to obtain or upgrade the permit. Provide written evidence
of approval and compliance with the County regulations to the Department of Planning Services.
(Department of Planning Services)
D. A Lighting Plan, including cut sheets of the intended lights, shall be provided to the Department of
Planning Services for review and approval. The lighting plan shall adhere to the lighting requirements
for off-street parking spaces per Section 23-4-30.E of the Weld County Code and shall adhere to the
lighting standards, in accordance with Section 23-3-360.F and Section 23-2-250.D of the Weld
County Code. Further, the approved Lighting Plan shall be delineated on the plat. (Department of
Planning Services)
E. The applicant shall submit a screening plan for review and approval by the Department of Planning
Services. In addition to the screening provided adjacent to County Road 2, the screening plan shall
address screening from residential properties to the west, north and east of the proposed use.
(Department of Planning Services)
F. The applicant shall attempt to address the requirements of the Brighton Fire Rescue, as stated in the
referral response dated April 11, 2017. Written evidence of such shall be submitted to the Weld
County Department of Planning Services. (Department of Planning Services)
G. The USR map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR17-0016 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4. The applicant shall delineate on the map the trash collection areas. Section 23-3-350.H of the
Weld County Code addresses the issue of trash collection areas. (Department of Planning
USR17-0016, WW LLC do Ralph Walker, Page 4 of 11
Services)
5. The map shall delineate the landscaping and/or screening. (Department of Planning Services)
6. The map shall delineate the lighting per Section 23-4-30.E of the Weld County Code and shall
adhere to the lighting standards, in accordance with Section 23-3-360.F and Section 23-2-250.D
of the Weld County Code. (Department of Planning Services)
7. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 and
Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services)
8. The map shall delineate the parking area for the vendors, customers and/or employees for the
roll -off business and the flex office buildings. (Department of Planning Services)
9. Show the approved Adams County access(es) on the site plan and label with the approved
access permit number if applicable. (Department of Public Works)
10. The applicant shall show and label the accepted drainage features and drainage flow arrows.
Water quality features or stormwater ponds should be labeled as "Water Quality
Feature/Stormwater Detention, No -Build or Storage Area" and shall include the calculated
volume. (Department of Planning Services -Engineer)
11. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Planning Services -Engineer)
12. Show and label all existing oil and gas wells and tank batteries including setbacks. (Department
of Planning Services)
13. Show and label all recorded easements on the map by book and page number or reception
number and date on the site plan. (Department of Planning Services)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or one
(1) electronic copy (.pdf) of the USR map for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the USR map the applicant shall submit a Mylar USR map along
with all other documentation required as Conditions of Approval. The Mylar USR map shall be recorded in
the office of the Weld County Clerk and Recorder by the Department of Planning Services. The USR
map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar USR 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 USR
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)
4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special Review",
as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a defined
coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado
North FIPS 0501 (US Feet)....etc.). This digital file may be sent to mapsco.weld.co.us. (Department of
Planning Services)
5. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the start
of construction. (Department of Planning Services - Engineer)
USR17-0016, WW LLC do Ralph Walker, Page 5 of 11
B. The applicant shall attempt to address the requirements/ concerns of Colorado Parks and Wildlife, as
stated in the referral response dated March 15, 2017. Written evidence of such shall be submitted to
the Weld County Department of Planning Services. (Department of Planning Services)
6. Prior to the release of Building Permits:
A. The application shall provide the letter of notification from the Brighton Fire Rescue District prior to
any new construction. (Department of Building Inspection)
7. 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 USR 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)
USR17-0016, WW LLC do Ralph Walker, Page 6 of 11
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WW LLC c/o Ralph Walker
U SR1 7-0016
1. 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 (RV
and boat storage, a dump station, enclosed self -storage and the parking and staging of trash containers,
roll offs, and vehicles and/or equipment and four (4) individual flex office buildings) 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:
RV parking area - 24 hours a day seven days a week, as stated by the applicant;
Self Storage - 6:00 a.m. - 6:00 p.m. Monday - Sunday, as stated by the applicant;
Flex office space -- 6:00 a.m. - 6:00 p.m. Monday - Saturday, as stated by the applicant;
Roll -off and dumpster business - 5:30 a.m. - 7:30 p.m. Monday - Saturday, as stated by the
applicant. (Department of Planning Services)
4. The number of on -site employees for the self storage component shall be 2, as stated in the application.
(Department of Planning Services)
5. The RV parking and storage component is unmanned with access by keypad, as stated by the applicant.
(Department of Planning Services)
6. No derelict vehicles, as defined in Section 23-1-90 of the Weld County Code shall be stored on site.
(Department of Planning Services)
7. All vehicles located within the RV storage area must be operational with current license plates and tags.
(Department of Planning Services)
8. There shall be no outside storage of industrial and/or commercial vehicles, equipment or materials.
(Department of Planning Services)
9. The flex buildings are restricted to the uses allowed in the Neighborhood Commercial (C-1), and the
Industrial (I-1 and 1-2) Zone Districts. (Department of Planning Services)
10. No hazardous materials shall be stored on the property. (Department of Planning Services)
11. The parking area on the site shall be maintained. (Department of Planning Services)
12. 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)
13. The landscaping/screening on the site shall be maintained. (Department of Planning Services)
14. The property owner shall control noxious weeds on the site. (Department of Public Works)
15. 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)
USR17-0016, WW LLC do Ralph Walker, Page 7 of 11
16. 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)
17. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate in
accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and
Environment)
18. 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)
19. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment)
20. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to Onsite Waste Water Treatment Systems. (Department of Public Health and Environment)
21. In the event the applicant intends to utilize the existing septic system at the office, the septic system shall
be reviewed by a Colorado registered professional engineer. The review shall consist of observation of
the system and a technical review describing the system's ability to handle the proposed hydraulic load.
The review shall be submitted to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment in conjunction with the submittal of a commercial septic
permit application. In the event the system is found to be inadequately sized or constructed, the system
shall be brought into compliance with current regulations. (Department of Public Health and
Environment)
22. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (commercial
well permit 80734-F) (Department of Public Health and Environment)
23. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. For 10 or less customers or visitors per 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)
24. In the event the facility's water system serves more 25 persons on a daily basis the water system shall
comply with the Colorado Primary Drinking Water Regulations (5 CCR 1003-1). If not subject to these
requirements, the Weld County Department of Public Health and Environment strongly encourages well
users to test their drinking water prior to consumption and periodically thereafter. (Department of Public
Health and Environment)
25. RV dump stations shall be connected to an appropriately engineer designed individual sewage disposal
system which complies with all provisions of the Weld County Code, pertaining to On Site Wastewater
Disposal Systems. (Department of Public Health and Environment)
26. The applicant shall comply with all provisions of the State Underground and Above Ground Storage Tank
Regulations. (Department of Public Health and Environment)
27. Any vehicle or equipment washing shall adhere to "Low Risk Discharge Guidance: Discharges From
Surface Cosmetic Power Washing Operations To Land July 2010" as provided by the State.
(Department of Public Health and Environment)
28. All pesticides, fertilizer, and other potentially hazardous chemicals must be handled in a safe manner in
accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants
USR17-0016, WW LLC do Ralph Walker, Page 8 of 11
(HAP's) and volatile organic compounds (VOC's). All chemicals must be stored secure, on an
impervious surface, and in accordance with manufacturer's recommendations. (Department of Public
Health and Environment)
29. 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.
(Department of Public Health and Environment)
30. The facility shall comply with the Air Pollution Emission Notice (A.P.E.N.) permit requirements as
stipulated by the Air Pollution Control Division, Colorado Department of Public Health and Environment,
as applicable. (Department of Public Health and Environment)
31. 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)
32. The property owner shall control noxious weeds on the site. (Department of Public Works)
33. The access to the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Department of Planning Services)
34. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Planning Services)
35. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services - Engineer)
36. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services - Engineer)
37. 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)
38. 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
2014 National Electrical Code. A Building Permit Application must be completed and two (2) 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)
39. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
40. 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.
41. 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.
USR17-0016, WW LLC do Ralph Walker, Page 9 of 11
42. 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.
43. 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.
44. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in
the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than
in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural
areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere
and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld
County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on
rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement,
silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities;
shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not
be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their
jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed,
will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that
roads from subdivisions to arterials may not be cleared for several days after a major 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.
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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.
USR17-0016, WW LLC do Ralph Walker, Page 11 of 11
May 1, 2017
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
RALPH L WALKER
9896 ROSEMONT AVE STE 104
LONE TREE CO 80124
Subject: USR17-0016 - 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 C-1
Neighborhood Commercial or I-1 and 1-2, Industrial Zone Districts (RV and boat storage, a dump station,.
enclosed self -storage and the parking and staging of Trash Containers, Roll offs, and Vehicles and/or
Equipment to pick up and deliver same and four (4) individual flex office buildings) 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 SE4 SECTION 33, TIN, R67W LOT B REC EXEMPT RECX16-0076 OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on June 6, 2017, at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on June 21, 2017 at 10:00
a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 0
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
Page 2 of 2
If you have any questions concerning this matter, please call.
Respectfully,
Kim Ogle
Planner III
March 6, 2017
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
RALPH L WALKER
9896 ROSEMONT AVE STE 104
LONE TREE CO 80124
Subject: USR17-0016 - 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 (RV and boat storage, a dump station, enclosed self -storage and the parking
and staging of Trash Containers, Roll offs, and Vehicles and/or Equipment to pick up and deliver same)
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 W2SE4 SECTION 33, T1 N, R67W LOT B REC EXEMPT RE4407 OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Departments for their review and comments:
Dacono at Phone Number 303-833-2317
Northglenn at Phone Number 303-450-8709
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 OgI
Planner
FIELD CHECK - #ASR 17-0016
Inspection Date: May 4, 2017
Applicant: Ralph Walker c/o WW, LLC 9896 Rosemount Avenue, Suite 104, Lone Tree CO
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 and
Industrial Zone Districts (RV and boat storage, a dump station, enclosed self -storage and the
parking and staging of trash containers, roll offs, and vehicles and four (4) individual flex office
buildings) 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 of Recorded Exemption No. RE 1O-0076 being part of the 6E4 of Section 33,
Description: Township 1 North, Range 67 West of the 6th P.M., Weld County Colorado
Location: North of and adjacent to County Road 2; Approximately 0.5 Miles east of County Road 17
Zoning
Land
Use
N
A (Agricultural)
N
Agricultural
with
residence
E
A (Agricultural)
E
Agricultural
with
residences
S
Adams
County
S
Agricultural
with
residences
A (Agricultural)
W
W
Agricultural
with
residences
County Road 2 is a two lane paved road and has good sight distance from the existing access
point onto County Road 2 (1684h Avenue) where the posted speed is 55 mph. Access to the
property is through a gated entrance via an existing all-weather road. The property slopes to the
north with the highest point on the property being adjacent to CR 2. There are man-made
gravel and soil mounds on the property apparently to collect rainwater. There are limited trees to
the west of the access road and the entire property is covered in pasture grasses, native
grasses, some of which are maintained.
There is an existing metal skinned building with three roll -up doors that is currently being utilized
as a rmaintenance shop for Western Roll -off fka Kelly's Roll -off Services. There are multiple 15 -
yard roll -offs on site and all appeared to be empty.
Adjacent property to the east and west are above average to high end single family residences
on large parcels some with riding arenas and fenced pastures.
P
Hello