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LAND USE APPLICATION
SUMMARY SHEET
Planner: Kim Ogle Hearing Date: October 6, 2015
Case Number: USR15-0046
Applicant: F. Rustye Cole, dba Snowy River Enterprises LLC
Address: 2416 52nd Avenue Court, Greeley, Colorado 80634
Request: A Site Specific Development Plan and Use by Special Review Permit for any use
permitted as a use by right, an accessory use, or a use by special review in the
Commercial or Industrial Zone Districts (solid waste management facility), 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 and one
(1)single-family dwelling unit per lot other than those permitted under Section 23-3-
20.A (second single family dwelling unit) in the A (Agricultural) Zone District.
Legal S2 NW4 of Section 17, T9N, R66W of the 6th P.M., Weld County, CO
Description:
Location: East of and adjacent to County Road 27; approximately 0.25 miles south of County
Road 106
Size of Parcel: +/- 80 acres Parcel No. 0455-17-2-00-012
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 13, 2015
➢ Weld County Department of Public Works-Access, referral dated August 26, 2015
➢ Weld County Department of Public Health and Environment, referral dated August 26, 2015
➢ Town of Nunn, referral dated August 28, 2015
▪ Weld County Department of Planning Services- Engineer, referral dated September 14, 2015
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
• Weld County Sherriff's Office, referral dated August 14, 2015
• State of Colorado, Division of Water Resources, referral dated August 15, 2013
➢ Colorado Division of Parks and Wildlife, referral dated August 18, 2013
➢ State of Colorado, Department of Public Health and Environment, referral dated September 2, 2015
USR15-0046,
F. Rustye Cole,dba Snowy River Enterprises LLC
Page 1 of 11
The Department of Planning Services' staff has not received referral responses from the following
agencies:
• Public Service of Colorado
• Nunn Fire Protection District
• KN Wattenburg Transmission, LLC
• Western Area Power Administration
• West Greeley Soil Conservation District
• Weld County Department of Building Inspection
USR15-0046,
F. Rustye Cole,dba Snowy River Enterprises LLC
Page 2 of 11
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
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Planner: Kim Ogle Hearing Date: October 6, 2015
Case Number: USR15-0046
Applicant: F. Rustye Cole, dba Snowy River Enterprises LLC
Address: 2416 52nd Avenue Court, Greeley, Colorado 80634
Request: A Site Specific Development Plan and Use by Special Review Permit for any use
permitted as a use by right, an accessory use, or a use by special review in the
Commercial or Industrial Zone Districts (solid waste management facility), 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 and one
(1)single-family dwelling unit per lot other than those permitted under Section 23-3-
20.A (second single family dwelling unit) in the A (Agricultural)Zone District.
Legal S2 NW4 of Section 17, T9N, R66W of the 6th P.M., Weld County, CO
Description:
Location: East of and adjacent to County Road 27; approximately 0.25 miles south of County
Road 106
Size of Parcel: +/- 80 acres Parcel No. 0455-17-2-00-012
Case Summary:
The applicant has been a family owned business for over 23 years and recently moved their operations
from Mead, Colorado to this location. The intent is to re-establish the business at this location and live on
the property, constructing two houses, one for the Cole family (owner) and one for his daughter, her
spouse (son-in-law) and daughters. As an established business the equipment for the business and
limited raw materials in the form of farm tractor tires will be moved from the former location to this
property. Future structures include a 5000 SF soft building to work in and a 2000 SF soft building for
general maintenance to park the equipment. There will be one full time employee (Mr. Cole), and one
pad-time employee (son-in-law) adhering to hours of operation of 8:00 AM to 5:00 PM Monday through
Friday. Delivery and shipping of products is by tractor trailer and will be limited to one trip per month.
There will be no warehousing of products, but occasionally there may be short term outside storage of
finished product until shipment after sale. The entire operation is limited to an approximate four acre area
with the remaining property in native grasses that will be utilized for grazing or cut for hay.
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:
USR15-0046,
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Page 3 of 11
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 23-2-220.A.1. A.Policy 7.1. states "County land use regulations should support
commercial and industrial uses that are directly related to, or dependent upon,
agriculture, to locate within the agricultural areas, when the impact to surrounding
properties is minimal, or can be mitigated, and where adequate services are currently
available or reasonably obtainable." The Snowy River Enterprises, LLC Tire Recycling
base of operations, outside equipment/vehicle storage and staging facility is located in an
area that allows good access to a paved road and is within 3.5 miles of County Road
100.
Section 22-2-100.E. C.Goal 5. States "Minimize the incompatibilities that occur between
commercial uses and surrounding properties." The facility is located on a 80 acre parcel
0.5 miles northwest of the Town of Nunn. The parking of vehicles and outside storage of
equipment and tires and similar supplies will be required to be screened from adjacent
property and public rights-of-way. Planning staff has received three statements of
support (Guevara located at 13260 CR 106; King located at 131341 County Road 104
and Ford located at 13391 County Road 104 requesting to provide no screening on the
property. Given the request, the Department of Planning Services is not requiring
screening.
Section 22-2-20.F.3. — A. Policy 6.3. states, "Encourage multi-generational, caretaker,
guest and accessory quarters."
The second single-family dwelling will be occupied by an individual who is related to the
property owner, however, the residence may be used as a rental income property in the
future.
Section 22-2-20.H. - A.Goal 8. states, "Ensure that adequate services and facilities are
currently available or reasonably obtainable to accommodate the requested new land use
change for more intensive development."
The applicants are requesting a USR permit for two (2) single-family dwellings on one
parcel. The applicant receives water from a well approved for domestic purposes inside
three single family dwellings, irrigation of up to one acre lawn and garden and the
owner's large non-commercial domestic animals. The Division of Water Resources
indicates that the approved uses for well permit no. 297778 are consistent with the
proposed uses. The Conditions of Approval and Development Standards ensure that
there are adequate services and facilities available.
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.S of the Weld County Code lists any use permitted as a Use by Right, an
Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone
Districts (Tire Recycler) 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 and Section 23-3-40.M. which allows for one (1) single-family
dwelling unit per lot other than those permitted under Section 23-3-20.A. (second single-
family dwelling unit) as a Use by Special Review in 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.
Surrounding lands are predominately rangeland in native grasses. There is a limited
USR15-0046,
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Page 4 of 11
amount of residential development to the north and two houses located one-half mile to
the south. There are five property owners on seven parcels within 500 feet of this
proposed facility, with the nearest residence from the property line of the site is north
approximately 1100 feet to the Guevara residence with all other residential properties
located north and south approximately 2300 feet. There is a transmission corridor
adjacent to the western property line, Western Area Power Administration has a 345 kV
Transmission Line, Public Service of Colorado has a 10-inch or greater high pressure gas
line and KN Wattenburg also has a gas pipeline. As previously stated, the Guevara
residence stated that they would be in support of no fence for the facility.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the
future development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities.
The site is located within the three (3) mile referral area of the Town of Nunn. The Town
in their referral comments, dated August 28, 2015 indicated that they have concerns with
the potential for contaminants, if any, to leach into the adjacent Creek to the east of the
property. Planning staff did not identify a named water source to the east, however, the
Department of Public Health and Environment is requiring that the facility operate in
accordance with the approved Engineering Design and Operations Plan.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The existing site is 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 80 acres of High Potential Dry Cropland
— Prime if they become irrigated per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. There is no irrigation water associated with this parcel
and currently the property is in native grasses.
G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250, Weld County Code), Conditions of Approval and Development
Standards can ensure that there are adequate provisions for the protection of health,
safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
USR15-0046,
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1. Prior to recording the plat:
A. The applicant shall submit a stormwater drainage variance request or, if the site does not
qualify for a variance, then 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)
B. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR15-0046. (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
4. The applicant shall delineate the trash collection areas. Section 23-3-350.H of the
Weld County Code addresses the issue of trash collection areas. (Department of
Planning Services)
5. County Road 27 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)
6. Used tire storage areas and product storage areas should be designated on the map.
(Department of Public Health and Environment)
7. Show and label the approved access(es) (AP15-00218), and the appropriate turning
radii on the site plan. (Department of Planning Services-Engineer)
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 plat for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the plat the applicant shall submit a Mylar
plat along with all other documentation required as Conditions of Approval. The Mylar plat shall
be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning
Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. The Mylar plat and additional requirements shall be submitted within
one hundred twenty (120) days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee. (Department of Planning
Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
plat not be recorded within the required one hundred twenty (120) days from the date of the
Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added
for each additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB).. The
preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be
sent to maps@co.weld.co.us. (Department of Planning Services)
USR15-0046,
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5. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required.
(Department of Planning Services-Engineer)
6. Prior to the issuance of the Certificate of Occupancy:
A. An onsite wastewater treatment system is required for the proposed residence(s) and shall
be installed according to the Weld County Onsite Wastewater Treatment System
Regulations. (Department of Public Health and Environment)
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 plat 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)
USR15-0046,
F. Rustye Cole,dba Snowy River Enterprises LLC
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Snowy River Enterprises, LLC
do F. Rustye Cole
USR15-0046
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
(solid waste management facility), 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 and one (1) single- family dwelling unit per lot other than those permitted under Section
23-3-20.A (second single family dwelling unit) 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 8:00 a.m. - 5:00 p.m. Monday — Friday, as stated by the applicant(s).
(Department of Planning Services)
4. 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)
5. The number of employees shall be limited to two (2) as stated in the application materials.
(Department of Planning Services)
6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
7. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, Section 30-20-100.5, C.R.S.
8. Waste materials shall be handled, stored, and disposed of 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.
9. Fugitive dust and fugitive particulate emissions should attempt to be confined on the property. Uses
on the property should comply with the Colorado Air Quality Commission's air quality regulations.
10. The facility at all times shall operate in accordance with the approved Engineering Design and
Operations Plan. If during the operational activities of this facility information is revealed that changes
the currently held concept of the site, the Hazardous Materials and Waste Management Division of
the Colorado Department of Public Health and Environment may request modifications to the
Engineering Design and Operations Plan. In addition, regulatory changes that the Colorado
Department of Public Health and Environment may implement in the future may also become binding
and necessitate modifications to the Engineering Design and Operations Plan. Modifications to the
Engineering Design and Operations Plan will be approved, in writing, by both the Colorado
Department of Public Health and Environment and the Weld County Department of Public Health and
Environment.
11. All required reports and recordkeeping information will be submitted to the WCDPHE upon request
and maintained at the facility. Records will be maintained onsite indicating An annual report will be
submitted to the CDPHE and the WCDPHE by April 1 of each year.
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12. The facility shall comply with the waste tires section (Section 10) of the Regulation Pertaining to Solid
Waste Sites and Facilities, 6 CCR 1007-2, Part 1, if applicable.
13. The facility shall have no more than 100 tons of used tires and used tire products at the facility. If the
facility has a written contract or purchase order for sale of used tire products, the tonnage specified
on the written contract or purchase order will not count toward the 100 tons allowed onsite.
14. The applicant shall submit an Air Pollution Emission Notice (APEN) and Emissions Permit application
to the Air Pollution Control Division (APCD) of the Colorado Department of Health and Environment,
as necessary.
15. The used tires and used tire product will not be stored outside of the designated cells. Lanes between
cells shall be free of tires, debris and vegetation at all times. Wastes or material other than used tires
and used tire products will not be placed into designated cells.
16. 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.
17. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. If employees or contractors are on site for less than 2 consecutive hours a day
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.
18. All potentially hazardous chemicals must be handled in a safe manner, in accordance with product
labeling, and in a manner that minimizes the release of hazardous air pollutants (HAPs) and volatile
organic compounds (VOCs). All chemicals must be stored securely, on an impervious surface, and in
accordance with manufacturer's recommendations.
19. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code.
20. Following the commencement of operation, The property owner or operator shall provide written
evidence of an approved Emergency Action and Safety Plan on or before March 15th of any given
year signed by representatives for the Fire District and the Weld County Office of Emergency
Management to the Department of Planning Services. (Department of Planning Services)
21. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan. Neither the direct, nor reflected, light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be
used which may be confused with, or construed as, traffic control devices. (Department of Planning
Services)
22. 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
- Engineer)
23. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services- Engineer)
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24. The site shall be maintained to mitigate any impacts to the public road including damages and/or
offsite tracking. (Planning and Engineering)
25. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Planning Services- Engineer)
26. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2012 International Codes, 2006 International Energy
Code, and 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)
27. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
28. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations.
29. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans
or Development Standards, as shown or stated, shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
30. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners.
31. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal.
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy; (b) the populous counties of the
state face a critical shortage of such deposits; and (c) such deposits should be extracted according to
a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these
areas must recognize the various impacts associated with this development. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these resources
are protected property rights and mineral owners should be afforded the opportunity to extract the
mineral resource.
32. WELD COUNTY'S RIGHT TO FARM: 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.
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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.
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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 �
September 21, 2015
FLOYD RUSTYE COLE
2416 52ND AVE CT
GREELEY, CO 80634
Subject: USR15-0046 - 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 (SOLID WASTE
MANAGEMENT FACILITY), 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 AND ONE (1) SINGLE- FAMILY
DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A
(SECOND SINGLE FAMILY DWELLING UNIT) IN THE A(AGRICULTURAL)ZONE DISTRICT.
On parcel(s)of land described as:
S2 NW4 SECTION 17, T9N, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on October 6, 2015, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on November 4, 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.orq
Page 2 of 2
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine R3nslem
lbason:lam the author of this document
Date:2015.09.21 15:09:12-06'00'
Kim Ogle
Planner
h /N DEPARTMENT OF PLANNING SERVICES
i i 1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
iri_� E-MAIL: kogle@co.weld.co.us
!. PHONE: (970)353-6100, Ext. 3549
ti ' FAX: (970)304-6498
August 13, 2015
FLOYD RUSTYE COLE
2416 52ND AVE CT
GREELEY, CO 80634
Subject: USR15-0046 - 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 (SOLID WASTE
MANAGEMENT FACILITY), 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 AND ONE (1) SINGLE- FAMILY
DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A
(SECOND SINGLE FAMILY DWELLING UNIT) IN THE A(AGRICULTURAL)ZONE DISTRICT.
On parcel(s)of land described as:
S2 NW4 SECTION 17, T9N, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Commission(s)for their review and comments:
Nunn at Phone Number 970-897-2385
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 Kristine Panslem
Reason:I am the author of this document
Date:2015.08.13 14:11:54-06'00'
Kim Ogle
Planner
FIELD CHECK Sign Planting & Inspection Date: September 25, 2015
Case Number: USR15-0046
Applicant: F. Rustye Cole, dba Snowy River Enterprises LLC
Address: 2416 52' Avenue Court, Greeley, Colorado 80634
Request: USR (solid waste management facility), and one (1) single-family dwelling unit per lot
other than those permitted under Section 23-3-20.A (second single family dwelling unit)
in the A(Agricultural) Zone District.
Legal S2 NW4 of Section 17, T9N, R66W of the 6th P.M., Weld County, CO
Description:
Location: East of and adjacent to County Road 27; approximately 0.25 miles south of County
Road 106
Size of Parcel: +/- 80 acres Parcel No. 0455-17-2-00-012
Zoning Land Use
N AGRICULTURE N RURAL RESIDENCE & GRAZING LAND
E AGRICULTURE E GRAZING LAND
S AGRICULTURE S GRAZING LAND
W AGRICULTURE W GRAZING LAND
Comments:
COUNTY ROAD 27 IS A TWO LANE ALL WEATHER ROAD THAT IS GRADED AND PROVIDES
POSITIVE DRAINAGE. THE ROAD AT THIS LOCATIOIN SLOPES TO THE NORTH. ADJACENT TO
THE ROAD ON THE APPLICANTS PROPERTY IS A WIDE TRANSMISSION CORRIDOR FOR
WESTERN AREA POWER ADMINISTRATION, PSCO, PSCO GAS AND TALL GRASS ENERGY GAS
PIPELINES
THE PROPERTY SLOPES UP TO THE EAST AND PLATEAU'S AND REMAINS RELATIVELY FLAT. A
MAJORITY OF THE PROPERTY IS UNDEVELOPED AT PRESENT.
SOME BUSINESS RELATED EQUIPMENT IS ON PREMISES AND SEVERAL TRACTOR STYLE
TIRES ARE IN ROWS. THE PROPERTY IS STAKED FOR FUTURE DRY UTILITIES
Sign u
❑ Access to Property ❑ Site Distance ❑ Topography
❑ Utilities On-Site (transmission lines
Note any commercial business/commercial vehicles that are operating from the site. NONE
Hello