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LAND USE APPLICATION
SUMMARY SHEET
Planner: Kim Ogle Hearing Date: August 4, 2015 cont.
September 15, 2015
Case Number: USR14-0046
Applicant: The Estate of Dr. Windon H. Davis
Representative: c/o Rick A. Davis, 5909 West"C" Street, Greeley, Colorado 80634
Request: A Site Specific Development Plan and Special Review Permit for an Agricultural
Service Establishment primarily engaged in performing agricultural, animal husbandry
or horticultural services on a fee or contract basis, including uses similar to the uses
listed in Section 23-3-40 as Uses by Special Review as long as the use (Grinding and
Storage of wood chips and logs for livestock bedding) complies with the general intent
of the A(Agricultural)Zone District
Legal Lot B of RECX15-0070, being a pad of the E2 of Section 33, T6N, R66W lying south of
Description: the Greeley No. 3 Canal, except Lot A of Recorded Exemption, RE-783, of the 6th
P.M., Weld County, CO
Location: North of and adjacent to West"C" Street, West of and adjacent to North 59th Avenue
Size of Parcel: +/- 52.99 acres Parcel No. 0805-33-0-00-089
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 August 5, 2014
Weld County Department of Public Works, referral dated August 12, 2014
it Weld County Department of Public Health & Environment, referral dated August 25, 2014 and
amended on July 27, 2015
• City of Greeley Planning, referral dated September 3, 2014
• Weld County Public Works—Access, referral dated September 5, 2014
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
y West Greeley Soil Conservation District referral dated August 5, 2014
➢ Town of Windsor Planning, referral dated August 6, 2014
Y Weld County Sherriff's Office, referral dated August 19, 2014
• Weld County Planning Services— Floodplain Administrator, referral dated August 25, 2014
Northern Colorado Water Conservation District, referral dated August 8, 2014
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Noble Energy, Inc. ➢ Western Hills Fire Protection District
➢ North Weld County Water District ➢ Colorado Division of Parks and Wildlife
➢ Weld County School District RE-6 ➢ Weld County Dept. of Building Inspection
USR14-0046--Estate of Dr.Windon H. Davis---Page 1 of 10
‘k AP
SPECIAL REVIEW PERMIT
r. 1= ADMINISTRATIVE REVIEW
Planner: Kim Ogle Hearing Date: August 4, 2015 cont.
September 15, 2015
Case Number: USR14-0046
Applicant: The Estate of Dr. Windon H. Davis
Representative: do Rick A. Davis, 5909 West"C" Street, Greeley, Colorado 80634
Request: A Site Specific Development Plan and Special Review Permit for an Agricultural
Service Establishment primarily engaged in performing agricultural, animal husbandry
or horticultural services on a fee or contract basis, including uses similar to the uses
listed in Section 23-3-40 as Uses by Special Review as long as the use (Grinding and
Storage of wood chips and logs for livestock bedding) complies with the general intent
of the A(Agricultural)Zone District
Legal Lot B of RECX15-0070, being a pad of the E2 of Section 33, T6N, R66W lying south of
Description: the Greeley No. 3 Canal, except Lot A of Recorded Exemption, RE-783, of the 6th
P.M., Weld County, CO
Location: North of and adjacent to West"C" Street, West of and adjacent to North 59th Avenue
Size of Parcel: +/- 52.99 acres Parcel No. 0805-33-0-00-089
Case Summary:
The use of the eastern part of this property is for the storage and processing of wood logs and stumps
that will be chipped and grinded for bedding materials for feed and dairy cattle facilities. Presently there
are up to four (4) part time employees and up to 2 truck drivers to load materials for transport. The hours
of operation are daylight hours as there are no site improvements, including electrical power at this
location. The property immediately adjacent to the west of this site has a single family residence and
outbuildings. Platted subdivisions including JB Acres is located to the west and within the City of Greeley
are three residential subdivisions, Northridge Estates, Hunter's Cove and Forest Glen at Kelly Farms all
located south of County Road 62 — West "C" Street and in the instance of Kelly Farms south of West "F"
Street.
There is an active Zoning Violation, ZCV14-00046, initiated due to the operation of a processing and
storage of woodchips business without first completing the necessary Weld County Zoning Permits.
Planning staff has received three telephone calls from adjacent property owners. Concerns with traffic,
hours of operation, noise, dust and safety were the principal issues.
This case has not been presented to the Weld County Court Magistrate through the Violation Hearing
process. If this application is approved by the Board of County Commissioners, and the Conditions of
Approval met, and the USR Map recorded, these actions will correct this outstanding violation. If this
application is denied, the commercial vehicles and all operations shall be removed from the property
within 30 (thirty) days of denial or the violation will proceed in court accordingly.
USR14-0046--Estate of Dr.Windon H. Davis---Page 2 of 10
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
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.A 1. A.Policy 1.1. Establish and maintain an agricultural land use
designation to promote the County's agricultural industry and sustain viable agricultural
opportunities for the future.
Section 22-2-20.B 3. A.Policy 2.3. Encourage development of agriculture and
agriculturally related businesses and industries in underdeveloped areas where existing
resources can support a higher level of economic activity. Agricultural businesses and
industries include those related to ranching, confined animal production, farming,
greenhouse industries, landscape production and agri-tainment or agri-tourism uses.
This small commercial business utilizes non-processed wood stock materials obtained
from others on lands located west of County Road 31, 59'" Avenue. The business will
operate within a screened enclosed service yard having gravel or similar material for a
driving and stockpile surface where there will be the storage of wood logs and stumps
and the processing of wood logs and stumps by grinding same into chipped wood that
will be utilized for bedding materials for livestock confinement facilities, dairy's, arenas
and similar uses and facilities.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District. Section 23-3-40.W of the Weld County Code provides for a
Site Specific Development Plan and a Special Review Permit for Uses similar to the
uses listed above as Uses by Special Review as long as the use complies with the
general intent of the A (Agricultural)Zone District
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The property is located north of the City of Greeley corporate limits and south of the
Cache la Poudre River corridor. Much of the property lies within the floodplain and
floodway of Sheep Draw with the southwest area not within a regulated floodplain or
floodway. The property immediately adjacent to the west of this site has a single family
residence and outbuildings. Platted subdivisions including JB Acres are located to the
west and within the City of Greeley, all located south of County Road 62 — West "C"
Street, are two residential subdivisions, Northridge Estates and Hunter's Cove with
Forest Glen at Kelly Farms located east of 59th Avenue and south of West "F" Street.
Staff has received several telephone calls from surrounding property owners including
property owners immediately adjacent to this proposed facility and interested persons.
General concerns were staging on County roads, excessive and long term noise, dust,
hours of operation and the storage of raw wood on site. Planning Staff is of the opinion
that, with the endorsement of the Conditions of Approval, contained in this
recommendation, the approval of this use will not jeopardize the health, safety and
welfare of the surrounding property owners.
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
USR14-0046--Estate of Dr.Windon H. Davis---Page 3 of 10
future development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities.
The site is located within the three (3) mile referral area of the City of Greeley and the
Town of Windsor. The City of Greeley in their referral comments, dated September 3,
2014 stated the property is within the City of Greeley's Long Range Expected Growth
Area (LREGA). The LREGA is the range in which the community anticipates
development occurring within the coming 20 plus years. This area is particularly sensitive
as a large residential subdivision is platted to the south. There are existing dwellings in
the vicinity as well as existing and planned trails, open space and parks. The City
provided several advisory comments specific to mitigation of the facility from residential
properties and residential subdivision developments. The advisory comments included
fencing to ensure compatibility; landscape treatment to provide visual and audio
screening; maintaining appropriate setbacks from future rights-of-way for 59th Avenue
and "C" Street; storage areas should be on an all weather surface; a water service
agreement if additional water service is required and a dust mitigation plan for the site
and also for all roads utilized for access to a paved road; and the Town of Windsor in
their referral dated August 6, 2014 indicated they have no concerns.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The Davis Ranch property has a floodway designation that runs through
the parcel North /South along Sheep Draw and flood fringe in the center of the parcel and
along the northern and eastern boundaries as delineated on Federal Emergency
Management Agency (FEMA) FIRM Community Panel Map # 080266-0609C dated
September 28, 1982, and is part of the 1999 Flood Impact Study (FIS). The southwest
portion of the site is not is a regulated floodplain. If the business is conducted outside of
the regulated floodplain no floodplain permit will be required. This floodplain is zoned AE.
The processing and storage of woodchips operation will not be located within this
mapped area.
The property is not located within the Airport or Geologic hazard areas. The property is
located within the County-Wide Road Impact Fee Area and the Capital Expansion Impact
Fee area.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County-Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure
of the County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use.
The proposed facility is located on approximately 2 acres within an approximate 53 acre
parcel of lands designated "Prime" per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The area impacted by this proposed operation is on a
higher drier knoll overlooking the lower floodplain lands.
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.
USR14-0046--Estate of Dr.Windon H. Davis---Page 4 of 10
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to recording the map:
A. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR14-0046 (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The USR 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)
5. Show and label the screening on the USR Map. (Department of Planning Services)
6. Show and label recycled asphalt or road base on all driving surfaces on the site plan.
(Department of Planning Services-Engineer)
7. 59th Avenue is a paved roadway owned and maintained by the City of Greeley. The
City has designated this roadway as an arterial road requiring 150 feet of road right-
of-way. An additional 45 feet shall be delineated on the site plan as future right-of-
way. All setbacks shall be measured from the edge of future right-of-way.
(Department of Planning — Engineering)
8. A portion of C Street is a gravel road with shared jurisdiction between Weld County
and the City of Greeley. The City is requesting an additional 10 feet be designated
for future road right-of-way to connect to W. C St. The applicant shall delineate 10
feet of right-of-way on the site plan for future roadway.
9. A portion of C Street is a gravel road and is designated on the Weld County Road
Classification Plan 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 Planning Services-Engineer)
10. Show the approved access on the map and label with the approved access permit
number(AP14-00378). (Department of Public Works)
11. Show and label the floodplain and floodway (if applicable) boundaries on the map.
Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel
Number. (Department of Planning Services— Floodplain Administrator)
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 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
USR14-0046--Estate of Dr.Windon H. Davis---Page 5 of 10
of the Weld County Code. The Mylar map and additional requirements shall be submitted within
one hundred twenty (120) days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee. (Department of Planning
Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
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 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
senttomaps@co.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 Public Works)
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)
USR14-0046--Estate of Dr.Windon H. Davis---Page 6 of 10
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Estate of Dr. Windon Davis c/o Rick Davis
USR14-0046
1. A Site Specific Development Plan and Special Review Permit, USR14-0046, for an Agricultural
Service Establishment primarily engaged in performing agricultural, animal husbandry or horticultural
services on a fee or contract basis, including uses similar to the uses listed in Section 23-3-40 as
Uses by Special Review as long as the use (Grinding and Storage of wood chips and logs for
livestock bedding) complies with the general intent of 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 daylight hours only, Monday through Saturday, as stated by the
applicant(s). (Department of Planning Services)
4. 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)
5. 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., as amended. (Department of Public Health and Environment)
6. 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 and Environment)
7. 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. (Department of Public Health and Environment)
8. 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)
9. The applicant shall submit an Air Pollution Emission Notice (APEN) and acquire an Emissions Permit
from the Air Pollution Control Division (APCD), Colorado Department of Public Health and
Environment, if applicable. (Department of Public Health and Environment)
10. This facility shall adhere to the maximum permissible noise levels allowed in the Non-Specified Zone
as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
11. The applicant shall register with Colorado Department of Public Health and Environment (CDPHE) in
accordance with CDPHE beneficial use regulations, if applicable. (Department of Public Health and
Environment)
12. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. As there will be up to 4 part time 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
USR14-0046--Estate of Dr.Windon H. Davis---Page 7 of 10
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)
13. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
14. The screening on the site shall be maintained. (Department of Planning Services)
15. Should noxious weeds exist on the property, or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Chapter 15, Articles I and II, of the Weld County Code. (Department of Planning Services-
Engineering)
16. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services-Engineering)
17. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Planning Services-Engineering)
18. The site shall be maintained to mitigate any impacts to the public road including damages and/or
offsite tracking. (Planning and Engineering)
19. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map #08123C-1510E no effective date (Sheep Draw Floodplain). Any
development shall comply with all applicable Weld County requirements, Colorado Water
Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains
in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65.
The FEMA definition of development is any man-made change to improved or unimproved real
estate, including but not limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation, drilling operations, or storage of equipment and materials. (Department of
Planning Services)
20. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain
boundaries have been modified. (Department of Planning Services)
21. 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 Planning Services)
22. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
23. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations.
24. 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
USR14-0046--Estate of Dr.Windon H. Davis---Page 8 of 10
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
25. 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.
26. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal.
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy; (b) the populous counties of the
state face a critical shortage of such deposits; and (c) such deposits should be extracted according to
a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these
areas must recognize the various impacts associated with this development. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these resources
are protected property rights and mineral owners should be afforded the opportunity to extract the
mineral resource.
27. WELD COUNTY'S RIGHT TO FARM: 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
USR14-0046--Estate of Dr.Windon H. Davis---Page 9 of 10
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.
USR14-0046--Estate of Dr.Windon H. Davis---Page 10 of 10
ti� tf
LAND USE APPLICATION
SUMMARY SHEET
Planner: Kim Ogle Hearing Date: August 4, 2015
Case Number: USR14-0046
Applicant: The Estate of Windon H. Davis
Representative: c/o Rick A. Davis, 5909 West"C" Street, Greeley, Colorado 80634
Request: A Site Specific Development Plan and Special Review Permit for an Agricultural
Service Establishment primarily engaged in performing agricultural, animal husbandry
or horticultural services on a fee or contract basis, including uses similar to the uses
listed in Section 23-3-40 as Uses by Special Review as long as the use (Grinding and
Storage of wood chips and logs for livestock bedding) complies with the general intent
of the A(Agricultural)Zone District
Legal Lot B of RECX15-0070, being a pad of the E2 of Section 33, T6N, R66W lying south of
Description: the Greeley No. 3 Canal, except Lot A of Recorded Exemption, RE-783, of the 6th
P.M., Weld County, CO
Location: North of and adjacent to West"C" Street, West of and adjacent to North 59th Avenue
Size of Parcel: +/- 52.99 acres Parcel No. 0805-33-0-00-089
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 August 5, 2014
➢ Weld County Department of Public Works, referral dated August 12, 2014
• Weld County Department of Public Health & Environment, referral dated August 25, 2014 and
amended on July 27, 2015
➢ City of Greeley Planning, referral dated September 3, 2014
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
• West Greeley Soil Conservation District referral dated August 5, 2014
• Town of Windsor Planning, referral dated August 6, 2014
➢ Weld County Sherriff's Office, referral dated August 19, 2014
➢ Weld County Planning Services— Floodplain Administrator, referral dated August 25, 2014
• Northern Colorado Water Conservation District, referral dated August 8, 2014
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Noble Energy, Inc. ➢ Colorado Division of Parks and Wildlife
➢ North Weld County Water District ➢ Weld County Department of Building
‘./.> Weld County School District RE-6 Inspection
‘./.> Western Hills Fire Protection District ➢ Weld County Public Works—Access
USR14-0046--Estate of Windon H. Davis---Page 1 of 9
‘k AP
SPECIAL REVIEW PERMIT
r. 1= ADMINISTRATIVE REVIEW
Planner: Kim Ogle Hearing Date: October 7, 2014
Case Number: USR14-0046
Applicant: The Estate of Windon H. Davis
Representative: do Rick A. Davis, 5909 West"C" Street, Greeley, Colorado 80634
Request: A Site Specific Development Plan and Special Review Permit for an Agricultural
Service Establishment primarily engaged in performing agricultural, animal husbandry
or horticultural services on a fee or contract basis, including uses similar to the uses
listed in Section 23-3-40 as Uses by Special Review as long as the use (Grinding and
Storage of wood chips and logs for livestock bedding) complies with the general intent
of the A(Agricultural)Zone District
Legal Lot B of RECX15-0070, being a pad of the E2 of Section 33, T6N, R66W lying south of
Description: the Greeley No. 3 Canal, except Lot A of Recorded Exemption, RE-783, of the 6th
P.M., Weld County, CO
Location: North of and adjacent to West"C" Street, West of and adjacent to North 59th Avenue
Size of Parcel: +/- 52.99 acres Parcel No. 0805-33-0-00-089
Case Summary:
The use of the eastern part of this property is for the storage and processing of wood logs and stumps
that will be chipped and grinded for bedding materials for feed and dairy cattle facilities. Presently there
are up to four (4) part time employees and up to 2 truck drivers to load materials for transport. The hours
of operation are daylight hours as there are no site improvements, including electrical power at this
location. The property immediately adjacent to the west of this site has a single family residence and
outbuildings. Platted subdivisions including JB Acres is located to the west and within the City of Greeley
are three residential subdivisions, Northridge Estates, Hunter's Cove and Forest Glen at Kelly Farms all
located south of County Road 62 — West "C" Street and in the instance of Kelly Farms south of West "F"
Street.
There is an active Zoning Violation, ZCV14-00046, initiated due to the operation of a processing and
storage of woodchips business without first completing the necessary Weld County Zoning Permits.
Planning staff has received three telephone calls from adjacent property owners. Concerns with traffic,
hours of operation, noise, dust and safety were the principal issues.
This case has not been presented to the Weld County Court Magistrate through the Violation Hearing
process. If this application is approved by the Board of County Commissioners, and the Conditions of
Approval met, and the USR Map recorded, these actions will correct this outstanding violation. If this
application is denied, the commercial vehicles and all operations shall be removed from the property
within 30 (thirty) days of denial or the violation will proceed in court accordingly.
USR14-0046--Estate of Windon H. Davis---Page 2 of 9
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
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.A 1. A.Policy 1.1. Establish and maintain an agricultural land use
designation to promote the County's agricultural industry and sustain viable agricultural
opportunities for the future.
Section 22-2-20.B 3. A.Policy 2.3. Encourage development of agriculture and
agriculturally related businesses and industries in underdeveloped areas where existing
resources can support a higher level of economic activity. Agricultural businesses and
industries include those related to ranching, confined animal production, farming,
greenhouse industries, landscape production and agri-tainment or agri-tourism uses.
This small commercial business utilizes non-processed wood stock materials obtained
from others on lands located west of County road 31, 59th Avenue. The business will
operate within a screened enclosed service yard having gravel or similar material for a
driving and stockpile surface where there will be the storage of wood logs and stumps
and the processing of wood logs and stumps by grinding same into chipped wood that
will be utilized for bedding materials for livestock confinement facilities, dairy's, arenas
and similar uses and facilities.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District. Section 23-3-40.W of the Weld County Code provides for a
Site Specific Development Plan and a Special Review Permit for Uses similar to the
uses listed above as Uses by Special Review as long as the use complies with the
general intent of the A (Agricultural)Zone District
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The property is located north of the City of Greeley corporate limits and south of the
Cache la Poudre River corridor. Much of the property lies within the floodplain and
floodway of Sheep Draw with the southwest area not within a regulated floodplain or
floodway. The property immediately adjacent to the west of this site has a single family
residence and outbuildings. Platted subdivisions including JB Acres are located to the
west and within the City of Greeley, all located south of County Road 62 — West "C"
Street, are two residential subdivisions, Northridge Estates and Hunter's Cove with
Forest Glen at Kelly Farms located east of 59the Avenue and south of West "F" Street.
Staff has received several telephone calls from surrounding property owners including
property owners immediately adjacent to this proposed facility and interested persons.
General concerns were staging on County roads, excessive and long term noise, dust,
hours of operation and the storage of raw wood on site. Planning Staff is of the opinion
that, with the endorsement of the Conditions of Approval, contained in this
recommendation, the approval of this use will not jeopardize the health, safety and
welfare of the surrounding property owners.
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
USR14-0046--Estate of Windon H. Davis---Page 3 of 9
future development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities.
The site is located within the three (3) mile referral area of the City of Greeley and the
Town of Windsor. The City of Greeley in their referral comments, dated September 3,
2014 stated the property is within the City of Greeley's Long Range Expected Growth
Area (LREGA). The LREGA is the range in which the community anticipates
development occurring within the coming 20 plus years. This area is particularly sensitive
as a large residential subdivision is platted to the south. There are existing dwellings in
the vicinity as well as existing and planned trails, open space and parks. The City
provided several advisory comments specific to mitigation of the facility from residential
properties and residential subdivision developments. The advisory comments included
fencing to ensure compatibility; landscape treatment to provide visual and audio
screening; maintaining appropriate setbacks from future rights-of-way for 59th Avenue
and "C" Street; storage areas should be on an all weather surface; a water service
agreement if additional water service is required and a dust mitigation plan for the site
and also for all roads utilized for access to a paved road; and the Town of Windsor in
their referral dated August 6, 2014 indicated they have no concerns.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The Davis Ranch property has a floodway designation that runs through
the parcel North /South along Sheep Draw and flood fringe in the center of the parcel and
along the northern and eastern boundaries as delineated on Federal Emergency
Management Agency (FEMA) FIRM Community Panel Map # 080266-0609C dated
September 28, 1982, and is part of the 1999 Flood Impact Study (FIS). The southwest
portion of the site is not is a regulated floodplain. If the business is conducted outside of
the regulated floodplain no floodplain permit will be required. This floodplain is zoned AE.
The processing and storage of woodchips operation will not be located within this
mapped area.
The property is not located within the Airport or Geologic hazard areas. The property is
located within the County-Wide Road Impact Fee Area and the Capital Expansion Impact
Fee area.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County-Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure
of the County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use.
The proposed facility is located on approximately 2 acres within an approximate 53 acre
parcel of lands designated "Prime" per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The area impacted by this proposed operation is on a
higher drier knoll overlooking the lower floodplain lands.
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.
USR14-0046--Estate of Windon H. Davis---Page 4 of 9
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to recording the map:
A. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR14-0046 (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The USR 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)
4. Show and label the screening on the USR Map. (Department of Planning Services)
5. Off-street parking spaces and internal service yard shall be surfaced with gravel,
asphalt, recycled asphalt base, concrete or the equivalent and shall be graded to
prevent drainage problems. (Department of Planning Services)
6. County Road 62, West "C" Street is designated on the Weld County Road
Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full
build out. Jurisdiction for this road is split half between Weld County and the City of
Greeley. The applicant shall verify the existing right-of-way and the documents
creating the right-of-way and this information shall be noted on the map. All setbacks
shall be measured from the edge of future right-of-way. This road is not maintained
by Weld County. (Department of Public Works)
7. County Road 31, West 59th Avenue, is designated on the Weld County Road
Classification Plan as a arterial road, which requires 140 feet of right-of-way at full
build out. There is presently 60 feet of right-of-way. An additional 40 feet shall be
delineated on the map as future County Road 31, West 591h Avenue right-of-way. All
setbacks shall be measured from the edge of future right-of-way. This road has been
annexed into and is maintained by the City of Greeley. (Department of Public
Works)
8. Show the approved access(es) on the map and label with the approved access
permit number (AP14-00378). (Department of Public Works)
9. Show and label the floodplain and floodway (if applicable) boundaries on the map.
Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel
Number. (Department of Planning Services— Floodplain Administrator)
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 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
USR14-0046--Estate of Windon H. Davis---Page 5 of 9
Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. The Mylar map and additional requirements shall be submitted within
one hundred twenty (120) days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee. (Department of Planning
Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
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 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
senttomaps@co.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 Public Works)
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)
USR14-0046--Estate of Windon H. Davis---Page 6 of 9
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Estate of Windon Davis c/o Rick Davis
USR14-0046
1. A Site Specific Development Plan and Special Review Permit, USR14-0046, for an Agricultural
Service Establishment primarily engaged in performing agricultural, animal husbandry or horticultural
services on a fee or contract basis, including uses similar to the uses listed in Section 23-3-40 as
Uses by Special Review as long as the use (Grinding and Storage of wood chips and logs for
livestock bedding) complies with the general intent of 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 daylight hours only, Monday through Saturday, as stated by the
applicant(s). (Department of Planning Services)
4. 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)
5. 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., as amended. (Department of Public Health and Environment)
6. 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 and Environment)
7. 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. (Department of Public Health and Environment)
8. 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)
9. The applicant shall submit an Air Pollution Emission Notice (APEN) and acquire an Emissions Permit
from the Air Pollution Control Division (APCD), Colorado Department of Public Health and
Environment, if applicable. (Department of Public Health and Environment)
10. This facility shall adhere to the maximum permissible noise levels allowed in the Non-Specified Zone
as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
11. The applicant shall register with Colorado Department of Public Health and Environment (CDPHE) in
accordance with CDPHE beneficial use regulations, if applicable. (Department of Public Health and
Environment)
12. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. As there will be up to 4 part time 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
USR14-0046--Estate of Windon H. Davis---Page 7 of 9
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)
13. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
14. The screening on the site shall be maintained. (Department of Planning Services)
15. Should noxious weeds exist on the property, or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Chapter 15, Articles I and II, of the Weld County Code. (Department of Public Works)
16. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public
Works)
17. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Public Works)
18. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map #08123C-1510E no effective date (Sheep Draw Floodplain). Any
development shall comply with all applicable Weld County requirements, Colorado Water
Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains
in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65.
The FEMA definition of development is any man-made change to improved or unimproved real
estate, including but not limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation, drilling operations, or storage of equipment and materials. (Department of
Planning Services)
19. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain
boundaries have been modified. (Department of Planning Services)
20. 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 Planning Services)
21. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
22. 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.
23. 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.
USR14-0046--Estate of Windon H. Davis---Page 8 of 9
24. 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.
25. 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.
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.
USR14-0046--Estate of Windon H. Davis---Page 9 of 9
MEMORANDUM
III ; _. To: Planning Commission
INE\V From: Kim Ogle1/4/.
G Subject: Request for Continuance, USR14-0046
Date: August 4, 2015
The Department of Planning Services received a verbal request from the applicant requesting a
continuance of this case, USR14-0046 for The Estate of Windon H. Davis in care of Ric Davis, applicant,
for a Site Specific Development Plan and Special Review Permit for an Agricultural Service Establishment
primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or
contract basis, including uses similar to the uses listed in Section 23-3-40 as Uses by Special Review as
long as the use (Grinding and Storage of wood chips and logs for livestock bedding) complies with the
general intent of the A(Agricultural) Zone District.
The applicant is making this request such that adequate Mineral Notification can be provided to the
Mineral Interest Owners and Lessees as required by Colorado Revised Statue.
Therefore, the applicant is requesting this case be continued until Tuesday September 15, 2015. On
behalf of the applicant, we request your support with this request.
SERVICE,TEAMWORK,INTEGRITY,Quarry
EXHIBIT
vsa3 -
N DEPARTMENT OF PLANNING SERVICES
"••••• Lia ti 1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
i !. PHONE: (970)353-6100, Ext. 3549
? FAX: (970)304-6498
August 05, 2014
DAVIS RICK
5909 WEST C ST
GREELEY, CO 80634
Subject: USR14-0046 - A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR AN AGRICULTURAL SERVICE ESTABLISHMENT PRIMARILY ENGAGED IN PERFORMING
AGRICULTURAL, ANIMAL HUSBANDRY OR HORTICULTURAL SERVICES ON A FEE OR
CONTRACT BASIS, INCLUDING USES SIMILAR TO THE USES LISTED IN SECTION 23-3-40 AS
USES BY SPECIAL REVIEW AS LONG AS THE USE (GRINDING AND STORAGE OF WOOD CHIPS
AND LOGS FOR LIVESTOCK BEDDING) COMPLIES WITH THE GENERAL INTENT OF THE A
(AGRICULTURAL)ZONE DISTRICT
On parcel(s)of land described as:
PT E2 SECTION 33, T6N, R66W PT LOT BE REC EXEMPT RE-783 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 Commission(s)for their review and comments:
Greeley at Phone Number 970-350-9741
Windsor at Phone Number 970-674-2400
Please call the listed Planning Commissions, for information regarding the date, time and place of the
meeting and the review process. It is recommended that you and/or a representative be in attendance at
each of the meetings described above in order to answer any questions that might arise with respect to
your application.
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by KristinePanJem';,•,,'tll4,,/_, 'reason:lam the author of thisdocument
Date:2014.08.05 08:15:04-06'00'
Kim Ogle
Planner
H N DEPARTMENT OF PLANNING SERVICES
a $6i 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
�f PHONE: (970) 353-6100, Ext. 3549
p ` - i FAX: (970) 304-6498
r �
July 10, 2015
DAVIS RICK
5909 WEST C ST
GREELEY, CO 80634
Subject: USR14-0046 - A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR AN AGRICULTURAL SERVICE ESTABLISHMENT PRIMARILY ENGAGED IN PERFORMING
AGRICULTURAL, ANIMAL HUSBANDRY OR HORTICULTURAL SERVICES ON A FEE OR
CONTRACT BASIS, INCLUDING USES SIMILAR TO THE USES LISTED IN SECTION 23-3-40 AS
USES BY SPECIAL REVIEW AS LONG AS THE USE (GRINDING AND STORAGE OF WOOD CHIPS
AND LOGS FOR LIVESTOCK BEDDING) COMPLIES WITH THE GENERAL INTENT OF THE A
(AGRICULTURAL)ZONE DISTRICT
On parcel(s)of land described as:
PART E2 SECTION 33, T6N, R66W AND PART LOT BE REC EXEMPT RE-783 LYING S OF
GREELEY CANAL#3 EXC LOT A RE-783 of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on August 4, 2015, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on August 19, 2015
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.weldcou ntyplanningcases.org
Page 2 of 2
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
Feas:n:l am the author ofthisdocument
J Date:2015.07.10 09:09:31-06'00'
Kim Ogle
Planner
FIELD CHECK USR14-0046 Date: July 16, 2015
Applicant: The Estate of Windon H. Davis
Request: A Site Specific Development Plan and Special Review Permit for an Agricultural Service
Establishment primarily engaged in performing agricultural, animal husbandry or horticultural
services on a fee or contract basis, including uses similar to the uses listed in Section 23-3-40 as
Uses by Special Review as long as the use (Grinding and Storage of wood chips and logs for
livestock bedding) complies with the general intent of the A (Agricultural) Zone District
Legal: Lot B of RECX15-0070, being a part of the E2 of Section 33, T6N, R66W lying south of the
Greeley No. 3 Canal, except Lot A of Recorded Exemption, RE-783, of the 6th P.M., Weld County,
CO
Location: North of and adjacent to West"C" Street, West of and adjacent to North 59th Avenue
Parcel ID #: 0805-33-0-00-089 Acres: +/- 52.99
Zoning Land Use
N ' CITY OF GREELEY N City of Greeley Open Space, Floodplain and Grazing
lands
E AGRICULTURE E Davis Residenice, Floodplain and Grazing lands
S CITY OF GREELEY S Vacant land
W AGRILCUTURE W Single Family residences on parcels
Comments:
The property is located north of the City of Greeley corporate limits and south of the Cache la
Poudre River corridor. Much of the property lies within the floodplain and floodway of Sheep Draw
with the southwest area not within a regulated floodplain or floodway. The property immediately
adjacent to the west of this site has a single family residence and outbuildings. Platted subdivisions
including JB Acres are located to the west and within the City of Greeley, all located south of County
Road 62 — West "C" Street, are two residential subdivisions, Northridge Estates and Hunter's Cove
with Forest Glen at Kelly Farms located east of 59the Avenue and south of West"F" Street.
The facility site is located on higher ground to the west side of the property, north of "C" Street with
all other land forms sloping off to the north northeast and east from this position. There are
numerous oil and gas encumbrances on the property.
County Road 62, West "C" Street is a local gravel road abd has a sign posted indicating no outlet;
County Road 31, West 59th Avenue is a pave two lane road that is sited high to the property. The
Greeley No. 3 Canal serves as the northern property boundary
The property has a business operating form the site and includes the operation of a processing of a
grinder to reduce the large logs and branches into smaller graded pieces of wood. These pieces are
graded and stored in piles on the property. Access to this site is via a gated road into the site. At
time of inspection there were no permanent structures and the lone building was a port-a-let that
was being serviced
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Sig natu r
❑ Access to Property ❑ Oil & Gas Structures ❑ Ditch o Topography
Note any commercial business/commercial vehicles that are operating from the site.
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