HomeMy WebLinkAbout20153648.tiff LAND USE APPLICATION
.0.4\ SUMMARY SHEET
Planner: C. Gathman Hearing Date: November 3, 2015
Case Number: USR15-0040
Applicant: W3 Legacy, LLC
Address: P.O. Box 1449, Fort Morgan, CO 80701
Representative: Tim Naylor—AGPROfessionals, 3050 67th Avenue, Suite 200, Greeley, CO. 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 (parking and staging area for a trucking and construction business) 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 Mineral resource
development facilities including Transloading (transloading of flyash) in the A(Agricultural)
Zone District.
Legal Lot A of Recorded Exemption RE-1247; Being part of the E2 and part of the NW4 of Section
Description: 19, T5N, R67W of the 6th P.M., Weld County, CO
Location: Approximately 370 feet south of County Road 56 and approximately 1/2 mile east of County
Road 13.
Size of Parcel: +/- 23.03 acres Parcel No. 0957-19-0-00-049
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:
➢ Front Range Fire Rescue, referral dated August 20, 2015
y Weld County Department of Planning Services - Engineer, referral dated August 27, 2015
y Weld County Department of Public Health and Environment, referral dated August 5, 2015
➢ West Greeley Soil Conservation District, referral dated September 15, 2015
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
r Weld County Zoning Compliance, referral dated July 28, 2015
v Weld County Public Works—Access, referral dated July 29, 2015
➢ Weld County Sheriff's Office, referral dated July 31, 2015
➢ Town of Windsor, referral dated July 31, 2015
➢ City of Greeley, referral dated July 30, 2015
v Colorado Division of Parks and Wildlife, referral dated July 29, 2015
USR15-0040, W3 Legacy, LLC, Page 1 of 11
The Department of Planning Services' staff has not received responses from the following agencies:
Weld County Office of Emergency Management
▪ Colorado Department of Public Health and Environment
➢ Colorado Department of Transportation
➢ Town of Johnstown
➢ Larimer County
➢ Great Western Railroad
➢ Union Pacific Railroad
USR15-0040, W3 Legacy, LLC, Page 2 of 11
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
C 'v-ye- s
Planner: C. Gathman Hearing Date: November 3, 2015
Case Number: USR15-0040
Applicant: W3 Legacy, LLC
Address: P.O. Box 1449, Fort Morgan, CO 80701
Representative: Tim Naylor—AGPROfessionals, 3050 67th Avenue, Suite 200, Greeley, CO. 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 (parking and staging area for a trucking and construction business)
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
Mineral resource development facilities including Transloading (transloading of flyash) in the
A(Agricultural)Zone District.
Legal Lot A of Recorded Exemption RE-1247; Being part of the E2 and part of the NW4 of Section
Description: 19, T5N, R67W of the 6th P.M., Weld County, CO
Location: Approximately 370 feet south of County Road 56 and approximately 1/2 mile east of County
Road 13.
Size of Parcel: +/-23.03 acres Parcel No. 0957-19-0-00-049
Case Summary:
The applicant is proposing to allow parking for parking for heavy construction equipment when not
mobilized for offsite projects. Additionally, the applicant is proposing to construct a rail spur to receive
flyash by rail and then ship by truck to construction sites. The railroad spur would be located within the
Omnitrax (Great Western) easement at the request of the rail company. An office and shop is proposed
along with a fueling station for work vehicles. The application indicates approximately 20 semi-trucks and
trailers will be used to haul flyash. Approximately 20 drivers would use the site (arrive in the morning and
return in the evening). Two to six (2-6) office personnel will be located on the site). The application
indicates that normal operation hours are from 6 AM to 8 PM Monday-Saturday— but trucks may arrive
and depart 24 hours per day (if necessary).
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.
USR15-0040, W3 Legacy, LLC, Page 3 of 11
Section 22-2-A.Policy 7.2. states: "Conversion of agricultural land to nonurban residential,
commercial and industrial uses should be accommodated when the subject site is in an
area that can support such development, and should attempt to be compatible with the
region." The proposed facility is located on an old feedlot facility site (SUP-154 — feedlot
for up to 2,850 head of cattle). Development standards are proposed to mitigate impacts
of the operation including limiting truck numbers to what is called out in the application,
along with noise limits and lighting standards.
Section 22-2-80 G.2 A. I.Goal 1. of the Weld County Code states: "Promote the location
of industrial uses within municipalities, County Urban Growth Boundary areas,
Intergovernmental Agreement urban growth areas, growth management areas as defined
in municipalities' comprehensive plans, the Regional Urbanization Areas, Urban
Development Nodes, along railroad infrastructure or where adequate services are
currently available or reasonably obtainable."
The site is bordered by both the Great Western and Union Pacific Railroads.
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 allows any use
permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or industrial zone districts (Parking and Staging area for a trucking and
construction business) 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.A.7 allows Mineral resource development
facilities including Transloading (transloading of flyash) 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. The property borders the Union Pacific Railroad on the
north and the Great Western Railroad on the south. The site is bordered by cropland on
all sides. The nearest residences are approximately 1,100 feet to the north and northwest
and approximately 1,600 feet to the east of the site.
An e-mail on behalf of the CLR-34 Neighborhood Association was received 10/7/2015.
This e-mail had several questions and requested additional information re: the offloading
of fly ash (how will fly ash be stored? how many and when will railcars arrive? Will
loading be occurring outside of daytime hours...).
A letter of opposition dated October 23, 2015 was received from a surrounding property
owner. The letter indicates that the application does not address all issues associated
with the transloading of flyash re: the health, safety and welfare of the neighborhood.
There are concerns that large quantities of flyash will affect and possibly kill vegetation
and crops. The letter requests additional details as to how the transloading operation will
be conducted, where the flyash will be stored, how it will be transferred from railcars to
trucks and what preventative action will be taken to reduce flyash fugitive dust from the
site and from trucks arriving and departing from the site. If approved the letter requests a
number of conditions:
1. Pave WCR 56.
2. Operate only between 7:00 am to 5:00 pm, Monday through Friday.
3. Unloading of flyash be restricted to days where wind is less than 2 mph and only
during the above operation times.
4. Restrict noise to 50 dB or less.
5. Place a 10-15 ft berm around the entire site with appropriate vegetation to hide
the facility.
6. Limit the number of all types of trucks and light to heavy equipment to less than
20.
USR15-0040, W3 Legacy, LLC, Page 4 of 11
7. Lighting be downward facing and not noticeable from a distance.
A number of development standards and conditions of approval are attached to address
impacts and concerns associated with this application. Development standards are
attached per the Weld County Department of Environmental Health requiring the
applicant to adhere to Air Pollution Emission Notice (APEN) and Emissions permit
requirements, requiring flyash to be handled and stored securely, on an impervious
surface, in a safe manner and in a manner that minimizes dust, the release of hazardous
air pollutants, and minimizes spills. Additionally a noise standard is attached along with a
lighting standard requiring lighting to be downcast.
Tracking control is required to prevent tracking of dirt and debris onto County Road 56.
There is a development standard limiting truck traffic to 20 (twenty)trips per day.
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 areas of City of Greeley, Town of
Johnstown, Town of Windsor and Larimer County. The City of Greeley and Town of
Windsor indicated no conflicts with their interest in their referral comments dated July 30,
2015 and July 31, 2015. No referral comments have been received from the Town of
Johnstown or Larimer County.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The existing site is 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 23.03 acres delineated as "(Prime)
Irrigated per the 1979 Soil Conservation Service Important Farmlands of Weld County
Map. The site is completely covered with improvements associated with a former feedlot
facility.
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:
USR15-0040, W3 Legacy, LLC, Page 5 of 11
1. Prior to recording the map:
A. Revise, sign, and stamp the drainage narrative to include the reference to the new
Drainage Code- Chapter 23, Article 12. (Department of Planning Services-Engineer)
B. The applicant shall attempt to address the requirements of the Front Range Fire Rescue
Authority, as stated in the referral response dated August 20, 2015. Written evidence of
such shall be submitted to the Weld County Department of Planning Services.
(Department of Planning Services)
C. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR15-0040 (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 map shall delineate the landscaping and/or screening. (Department of Planning
Services)
5. The map shall delineate the parking for customers and/or employees. (Department of
Planning Services)
6. Show the approved access on the map and label with the approved access permit
number (will be provided AP15-00293). (Department of Planning Services - Engineer)
7. Show and label all recorded easements on the map by book and page number or
reception number and date on the site plan. (Department of Planning Services -
Engineer)
8. The applicant shall indicate specifically on the map the type of right-of-way/easement
and indicate whether it is dedicated, private, or deeded to provide adequate access
to the parcel. Show and label a 30 ft minimum access easement to provide adequate
access to the parcel. (Department of Planning Services - Engineer)
9. Clearly identify on the map the employee and employee vehicle parking area.
(Department of Planning Services)
10. Show location of proposed modular office. (Department of Planning Services)
11. Two building locations (building envelopes) are indicated on the plat — label as
"building envelope alternative 1" and "building envelope alternative 2". (Department
of Planning Services)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper
copies 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
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
USR15-0040, W3 Legacy, LLC, Page 6 of 11
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
sent to maps@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.
(Department of Planning Services - Engineer)
B. The approved access and tracking control shall be constructed prior to on-site construction.
(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 facility and shall be
installed according to the Weld County Onsite Wastewater Treatment System
Regulations. The septic system is required to be designed by a Colorado Registered
Professional Engineer 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 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)
USR15-0040, W3 Legacy, LLC, Page 7 of 11
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
W3 Legacy, LLC
USR15-0040
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 (parking and staging area for a trucking and construction business) 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 Mineral resource development
facilities including Transloading (transloading of flyash) 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. Per the application materials, posted hours of operation are from 6:00 AM to 8:00 PM Monday
through Saturday. Access to the site (including work vehicles entering and leaving the site) shall be
allowed, as necessary, 24 hours a day Monday through Saturday. (Department of Planning Services)
4. A maximum of twenty (20) semi-trucks and trailers will access the site per day, per the application
materials. (Department of Planning Services)
5. The parking on the site shall be maintained. (Department of Planning Services)
6. 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)
7. The landscaping/screening on the site shall be maintained. (Department of Planning Services)
8. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section
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)
9. 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. This facility shall not operate as a transfer
facility, as outlined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as
amended. (Department of Public Health and Environment)
10. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility
shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of
Public Health and Environment)
11. The facility shall comply with the Air Pollution Emission Notice (APEN) and Emissions permit
requirements as stipulated by the Air Pollution Control Division, Colorado Department of Public
Health and Environment, as applicable. (Department of Public Health and Environment)
12. 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
(Department of Public Health and Environment)
13. This facility shall adhere to the maximum permissible noise levels allowed in the non-specified Zone
District, as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health
and Environment)
USR15-0040, W3 Legacy, LLC, Page 8 of 11
14. 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)
15. All pesticides, fertilizer, and other potentially hazardous chemicals must be handled in a safe manner,
in accordance with product labeling, and in a manner that minimizes the release of hazardous air
pollutants (HAP's) and volatile organic compounds (VOC's). All chemicals must be stored secure, on
an impervious surface, and in accordance with manufacturer's recommendations. (Department of
Public Health and Environment)
16. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. As 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 (Department of Public Health and
Environment)
17. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. (Department of Public Health and Environment)
18. Sewage disposal for the facility shall be by septic system. Any septic system located on the property
must comply with all provisions of the Weld County Code, pertaining to On-site Waste-water
Treatment Systems. (Department of Public Health and Environment)
19. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The
facility shall utilize the existing public water supply. (Department of Public Health and Environment)
20. 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 and volatile organic
compounds. All chemicals must be stored securely, on an impervious surface, and in accordance with
manufacturer's recommendations. Fly ash must be handled and stored securely, in a safe manner,
and in a manner that minimizes dust, the release of hazardous air pollutants, and minimizes spills.
(Department of Public Health and Environment)
21. The facility shall comply with all provisions of the Colorado Department of Labor and Employment
Division of Oil and Public Safety Underground and Above Ground Storage Tank Regulations, as
applicable. (Department of Public Health and Environment)
22. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable
provisions of 40 CFR, Part 112, shall be available on site, as applicable. (Department of Public Health
and Environment)
23. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
24. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan. Neither the direct, nor reflected, light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be
used which may be confused with, or construed as, traffic control devices. (Department of Planning
Services)
25. 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,
USR15-0040, W3 Legacy, LLC, Page 9 of 11
pursuant to Chapter 15, Articles I and II, of the Weld County Code. (Department of Planning Services
—Engineer)
26. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services - Engineer)
27. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Planning Services - Engineer)
28. The right-of-way or easement shall be graded and drained to provide an all-weather access.
(Department of Planning Services - Engineer)
29. The site shall be maintained to mitigate any impacts to the public road including damages and/or
offsite tracking. (Department of Planning Services-Engineer)
30. 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 2011 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)
31. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
32. 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.
33. 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.
34. 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.
35. 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.
36. 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
USR15-0040, W3 Legacy, LLC, Page 10 of 11
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.
USR15-0040, W3 Legacy, LLC, Page 11 of 11
''ilk ft DEPARTMENT OF PLANNING SERVICES
>•.86� .r 1555 N 17th AVE
u!W � GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
lre
E-MAIL: cgattt_ v PHONE: (970) 353-6100, Ext. 3537
C 0 U N.2 FAX: (970) 304-6498
1
October 12, 2015
NAYLOR TIM
3050 67TH AVE STE 200
GREELEY, CO 80634
Subject: USR15-0040 - 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 (parking and staging area for a trucking and construction business along with
transloading of flyash), provided that the property is not a Lot in an approved or recorded subdivision
plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the
A(Agricultural) Zone District.
On parcel(s) of land described as:
PART E2/PART NW4 SECTION 19, T5N , R67W LOT A REC EXEMPT RE-1247 OF THE 6TH P. M. ,
WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on November 3, 2015, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on November 25,
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.weldcountyplanningcases.org
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Fanslem
�� Fuson: I am author of o
LJ "" "`� Date: 2015.10 the.12 141656 -06'00thisd' cument
Chris Gathman
Planner
1861 All DEPARTMENT OF PLANNING SERVICES
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1555 N 17th AVE
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GREELEY, CO 80631
,� WEBSITE: www.co.weld.co.us
�aE-MAIL: cgathman@co.weld.co.us
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� PHONE: (970) 353-6100, Ext. 3537
A LI N T Y FAX: (970) 304-6498
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July 28, 2015
NAYLOR TIM
3050 67TH AVE STE 200
GREELEY, CO 80634
Subject: USR15-0040 - 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 (parking and staging area for a trucking and construction business along with
transloading of flyash), provided that the property is not a Lot in an approved or recorded subdivision
plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the
A(Agricultural) Zone District.
On parcel(s) of land described as:
PART E2/PART NW4 SECTION 19, T5N , R67W LOT A REC EXEMPT RE-1247 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 970-350-9780
Windsor at Phone Number 970-674-2400
Johnstown at Phone Number 970-587-4664
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 Ranslem
Reason: I am the author of thisdocument
c . ` LA.,,,„/_. ''''6--"----- Date: 2015.07.28 11 :09:40 -06'00'
Chris Gathman
Planner
FIELD CHECK inspection dates: 10/23/2015
APPLICANT: Kevin & Cynthia Sullivan
CASE#: USR15-0040
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(parking and staging area for a trucking and construction business)
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
Mineral resource development facilities including Transloading(transloading of flyash)in the
A(Agricultural)Zone District.
LEGAL: Lot A of Recorded Exemption RE-1247; Being part of the E2 and part of the NW4 of
Section 19, T5N, R67W of the 6th P.M., Weld County, CO
LOCATION: Approximately 370 feet south of County Road 56 and approximately 1/2 mile east of
County Road 13.
PARCEL ID #s: 0957-19-0-00-049
ACRES: +/- 23.03 acres
Zoning Land Use
N A N Cropland (two single-family residences approx. 1,100 feet
to the north and northwest)
E A E Cropland (single-family residence approximately 1,600
feet to the west.
S A S Cropland
W A W Cropland
COMMENTS:
Existing feedlot facility on the site. Site is bordered by railroads on the north and south.
Chris Gathman - Planner III
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