HomeMy WebLinkAbout20132590.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION 3
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSION
Moved by Jordan Jemiola, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST
LEGAL DESCRIPTION:
LOCATION:
USR13-0030
70 RANCH LLC, C/O UNITED WATER AND SANITATION DISTRICT
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING
AN OIL AND GAS SUPPORT AND SERVICE FACILITY (WATER DEPOT) IN THE
A (AGRICULTURAL) ZONE DISTRICT.
ALL BLKS AKA LOTS C & D & ADJACENT DAVIES AVE & ADJ ALLEY - L1 TO L9
BLK5 & ADJACENT CASTLE AV & ADJ ALLEY - L1 TO L15 BLK4 & ADJACENT
CASTLE AV & ADJACENT DAVIES AV & ADJ ALLEY: PART OF SECTION 34;
T5N. R63W OF THE 6TH P.M.. WELD COUNTY, COLORADO.
EAST OF AND ADJACENT TO CR 67: SOUTH OF AND ADJACENT TO CR 380.
be recommended favorably to the Board of County Commissioners 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 Planning Commission that the applicant has shown compliance with Section 23-
2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20.G A.Policy 7.2. 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.
Section 22-2-80 C. (.Goal 3. Consider how transportation infrastructure is affected by the
impacts of new or expanding industrial developments."
Section 22-2-80 D. I.Goal 4. All new industrial development should pay its own way.
1. I. Policy 4.1. New development should pay for the additional costs associated with
those services directly impacted by the new industrial development.
The proposed facility is located approximately 500 -feet from the nearest residence to the
northwest of the site. All of the nearest residences are located to the northeast of the site.
There are a number of Conditions of Approval and Development Standards to mitigate and
minimize the impacts of the facility. The Department of Planning Services is requiring a
lighting plan, the Department of Environmental Health is requiring a Development Standard
that requires the applicant to adhere to the non -specified noise standard (55 decibels from
7:00 AM to 9:00 PM and 50 decibels from 9:00 PM to 7:00 AM), and an Offsite Road
Maintenance and Improvements Agreement is being required by the Department of Public
Works to address road maintenance, road damage caused by the operation and road
improvements.
Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District. Section 23-3-40.A of the Weld County Code allows Mineral Resource
Development Facilities including an Oil and Gas Support and Service Facility (water depots)
as a Use by Special Review in the A(Agricultural) Zone District.
Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses. The proposed facility is located approximately 500 -feet from the
nearest residence to the northwest of the site. All of the nearest residences are located to the
03 - 590
RESOLUTION USR13-0030
70 RANCH LLC. C/O UNITED WATER AND SANITATION DISTRICT
PAGE 2
northeast of the site. County Road 50 accesses County Road 380 to the east of the proposed
water depot and County Road 380/County Road 69 access into State Highway 34
approximately 2 miles from the site. There is one (1) single family residence located
approximately 1.5 miles to the east of the water depot site off of County Road 69. There are a
number of Conditions of Approval and Development Standards to mitigate and minimize the
impacts of the facility. The Department of Planning Services is requiring a lighting plan, the
Department of Environmental Health is requiring a Development Standard that requires the
applicant to adhere to the non -specified noise standard (55 decibels from 7:00 AM to 9:00 PM
and 50 decibels from 9:00 PM to 7:00 AM), and an Offsite Road Maintenance and
Improvements agreement is being required by the Department of Public Works to address
road maintenance, road damage caused by the operation and road improvements.
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 proposed facility is located on an undeveloped parcel within a platted
townsite (Townsite of Hardin). The site is not located within a three (3) mile referral area of
any municipality, nor is it located within any existing Intergovernmental Agreement Area (IGA)
of a municipality.
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 Program.
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 USR property
designated as "Other" according to the Prime and Important Farmlands Map of Weld and
Larimer Counties.
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 attached conditions of
approval and development standards are adequate to ensure the protection of the 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 Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall submit written evidence from the Colorado Division of Water Resources,
demonstrating that a well has been appropriately permitted for the proposed use.
(Department of Planning Services)
B. Submit an Access Permit Application for the two proposed accesses to the site. (Department
of Public Works)
An Improvements and Road Maintenance Agreement is required for this site. The triggers for
off -site roadway improvements agreed to by the applicant in the application will be included in
the agreement. (Department of Public Works)
RESOLUTION USR13-0030
70 RANCH LLC, C/O UNITED WATER AND SANITATION DISTRICT
PAGE 3
D. The applicant shall submit a dust abatement plan, detailing on site dust control measures, for
review and approval, to the Environmental Health Services, Weld County Department of
Public Health & Environment. (Department of Environmental Health)
The applicant shall submit a revised waste handling plan, for approval, to the Environmental
Health Services Division of the Weld County Department of Public Health & Environment.
The plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed (including the facility
name, address, and phone number). (Department of Environmental Health)
The applicant shall submit a Lighting Plan to the Department of Planning Services, for review
and approval. (Department of Planning Services)
The applicant shall submit a reclamation plan detailing how the site will be reclaimed in the
event the use is abandoned." (Department of Planning Services)
The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR13-0030. (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
4. County Road 380 is designated on the Weld County Road Classification Plan as a
local gravel road, which requires 60 feet of right-of-way at full buildout. There is
currently 60 -feet of right-of-way. The applicant shall verify and delineate on the plat
the existing right-of-way and the documents creating the right-of-way. All setbacks
shall be measured from the edge of future right-of-way. If the right-of-way cannot be
verified, it shall be dedicated. These roads are maintained by Weld County.
(Department of Public Works)
5. Show and label the approved access points on the Plat (will be provided).
(Department of Public Works)
6. Please label the floodplain on the plat with the FEMA Flood Zone and FEMA Map
Panel Number. (Department of Public Works)
7. The plat shall delineate the approved Lighting Plan. (Department of Planning
Services)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit two (2) paper copies 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)
RESOLUTION USR13-0030
70 RANCH LLC, O/O UNITED WATER AND SANITATION DISTRICT
PAGE 4
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)
5. 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 until/if an early release of building permit agreement is approved.
(Department of Planning Services)
Motion seconded by Jason Maxey.
VOTE:
For Passage
Bret Elliott
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Mark Lawley
Michael Wailes
Nick Berryman
Against Passage Absent
Benjamin Hansford
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I. Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado. adopted on September 3, 2013.
Dated the 3r° of September, 2013.
‘abieill-z
Kristine Ranslem
Secretary
Digitally signed by Kristine Ranslem
Date: 2013.09.06 09:23:47 -06'00'
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
United Water & Sanitation District
USR13-0030
1 A Site Specific Development Plan and Use by Special Review Permit USR13-0030 is for Mineral
Resource Development Facilities including an Oil and Gas Support and Service Facility (water depot)
in the A (Agricultural) Zone District. (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 shall be 24 hours a day, 365 days a year. (Department of Planning Services)
4. 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)
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, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment)
6. 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 the approved "waste handling plan", at all times. (Department of
Public Health and Environment)
7 Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved Dust Abatement Plan, at all times. (Department of Public
Health and Environment)
8. 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)
9. Adequate drinking, handwashing 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 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)
10. The fresh water storage and loading system shall be operated in a manner to minimize spills. Fresh
water spills should be captured in above -ground containment areas for reuse or allowed to infiltrate.
There shall be no discharge from this process to surface waters or through the facility's stormwater
management system, in accordance with the Rules and Regulations of the Colorado Water Quality
Control Commission, and the Environmental Protection Agency. (Department of Public Health and
Environment)
11. 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)
12. 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)
13. The lighting on the site shall be maintained in accordance with the approved Lighting Plan.
(Department of Planning Services)
RESOLUTION USR13-0030
70 RANCH LLC, CIO UNITED WATER AND SANITATION DISTRICT
PAGE 6
14. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if 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. (Department of Public Works)
15. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public
Works)
16. There shall be no parking or staging of vehicles on CR 380. (Department of Public Works)
17. The maximum number of proposed trucks utilizing the site is 75 roundtrips per day. If the number of
trucks exceeds this maximum, the Improvements and Road Maintenance Agreement may be revised
and additional improvements may be required to mitigate the additional impact to the haul route.
(Department of Public Works)
18. WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY
DESIGNATION. Please be advised that owners of Parcel #096534304028 may not be able to obtain
building permits to construct non-agricultural structures. All construction or improvements occurring in
the floodplain as delineated on Federal Emergency Management Agency FIRM Community Panel
Map #080266 0800C dated September 28, 1982, shall comply with the Flood Hazard Overlay District
requirements of Chapter 23, Article V, Division 3 of the Weld County Code and all applicable FEMA
regulations and requirements as described in 44 CFR parts 59. 60, and 65. (Department of Public
Works)
19. Flood hazard development permits will be required for development activities located within the FEMA
mapped South Platte River Floodplain. The FEMA definition of development is any man-made change
to improved or unimproved real estate, including by not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and
materials. (Department of Public Works)
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 Public Works)
21. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide
Road Impact Fee Program. (Ordinance 2011-2)
22. Building Permits issued on the lot will be required to adhere to the fee structure of the County Facility
Fee and Drainage Impact Fee Programs. (Ordinance 2011-2)
23. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240 of the Weld County Code.
24. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 of the Weld County Code.
25. 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.
26. 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.
RESOLUTION USR13-0030
70 RANCH LLC, C/O UNITED WATER AND SANITATION DISTRICT
PAGE 7
27. 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.
28. 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.
PC Noutto 8120/13
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. August 20, 2013
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Mark Lawley, at 1:30 pm.
Roll Call.
Present: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Michael Wailes. Nick Berryman.
Absent/Excused: Bret Elliott.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, and Tiffane Johnson, Department of Planning
Services; Don Carroll and Jennifer Petrik, Department of Public Works; Troy Swain and Mary Evett,
Department of Health; Brad Yatabe, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the August 6, 2013 Weld County Planning Commission minutes, Moved by Jason
Maxey, Seconded by Bruce Sparrow. Motion passed unanimously.
CASE NUMBER: USR13-0030
APPLICANT: 70 RANCH LLC, CIO UNITED WATER AND SANITATION DISTRICT
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES
INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY (WATER
DEPOT) IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: ALL BLKS AKA LOTS C & D & ADJACENT DAVIES AVE & ADJ ALLEY - L1 TO
L9 BLK5 & ADJACENT CASTLE AV & ADJ ALLEY - L1 TO L15 BLK4 &
ADJACENT CASTLE AV & ADJACENT DAVIES AV & ADJ ALLEY; PART OF
SECTION 34: T5N, R63W OF THE 6TH P.M., WELD COUNTY. COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 67; SOUTH OF AND ADJACENT TO CR
380.
Chris Gathman, Planning Services, stated that the applicant is requesting a continuance to the
September 3, 2013 Planning Commission hearing to allow time to meet the 30 day mineral notice
requirement.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuation
of this application. No one wished to speak.
Motion: Continue Case USR13-0030 to the September 3, 2013 Planning Commission hearing, Moved
by Jason Maxey, Seconded by Benjamin Hansford. Motion carried unanimously.
CASE NUMBER: USR13-0029
APPLICANT: RONALD HULSTROM
PLANNER: TIFFANE JOHNSON
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SEPCIAL REVIEW
PERMIT FOR A 130 FOOT TELECOMMUNICATION TOWER IN THE A
(AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION: LOT B REC EXEMPT RE -2502; PART S2NW4 SECTION 22, T1 N, R68W OF
THE 6TH P.M.. WELD COUNTY, COLORADO.
LOCATION: EAST AND AJDACENT TO CR 7 AND APPROXIMATELY 1300 FEET SOUTH
OF ERIE PARKWAY (CR 8).
Tiffane Johnson, Planning Services, stated that staff is requesting a continuance to the September 17,
2013 Planning Commission hearing to allow the applicant to address co -location requirements.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
o`36'3 -a5RU
PC tni'iWCs
13/13
Motion: Forward Case USR13-0033 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Jordan Jemiola, Seconded by Joyce Smock.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bret Elliott, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael
Wailes, Nick Berryman.
The Chair called a recess at 2:53 pm reconvened the hearing at 3:06 pm.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR13-0030
70 RANCH LLC, C/O UNITED WATER AND SANITATION DISTRICT
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES
INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY (WATER
DEPOT) IN THE A (AGRICULTURAL) ZONE DISTRICT.
ALL BLKS AKA LOTS C & D & ADJACENT DAVIES AVE & ADJ ALLEY - L1 TO
L9 BLK5 & ADJACENT CASTLE AV & ADJ ALLEY - L1 TO L15 BLK4 &
ADJACENT CASTLE AV & ADJACENT DAVIES AV & ADJ ALLEY; PART OF
SECTION 34; T5N, R63W OF THE 6TH P.M., WELD COUNTY, COLORADO.
EAST OF AND ADJACENT TO CR 67; SOUTH OF AND ADJACENT TO CR
380.
Chris Gathman, Planning Services, presented Case USR13-0030, reading the recommendation and
comments into the record. Mr. Gathman noted that a letter was signed by a group of three (3) property
owners that outlined a number questions concerning how much traffic, where the water will come from
and the impact on adjacent wells, noise from the facility, lighting, enforcement of truck route and the
speeding and dust from the truck route. The applicant did respond to these questions and said that they
can provide signage and notification to trucking companies that they cannot go west on County Road
380. The Department of Planning Services recommends approval of this application with the attached
conditions of approval and development standards.
Heidi Hansen, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site. The site is located in a designated floodplain and the applicant has applied for and
has been conditionally approved for a Flood Hazard Development Permit.
Commissioner Lawley asked to clarify the haul route because Ms. Hansen said that 20% of the traffic will
be going west and the applicant said that they will not be traveling west out of the facility. Ms. Hansen
said that it is part of the improvements agreement negotiation and goes before the Board of County
Commissioners for approval.
Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Drew Damiano, United Water and Sanitation District, stated that they are proposing a water depot for the
use of oil and gas support. This site is approximately 500 feet from the nearest residence. They do have
a well that they test pumped in this area for approximately 48 hours at 3,000 gallons per minute and saw
it drawdown from anywhere between 0 to 10 inches. Mr. Damiano provided a visual slide of the
designated haul route and stated that they will try to force the truck traffic to go east on County Road 380
to the paved County Road 69 roadway.
Mr. Damiano said that they did reply to the referral agency and surrounding property owner comments.
He said that at the maximum they could fill 12 trucks per hour in the future. The water depot will be open
24 hours a day but it is anticipated that the majority of the trucks will use the water depot during the day.
The traffic will come in the west entrance and will turn east away from the residences to help mitigate the
lights shining in the homes to the west. Commissioner Maxey asked if they have considered putting any
opaque screening on the west side. Mr. Damiano said that they would consider that to further protect the
residences.
5
AD/ 3-Z96
Commissioner Smock asked if there is a reclamation plan. Mr. Damiano replied that they will reclaim the
site; however they always anticipate a need to utilize this site for oil and gas operations or for agricultural
activity. Mr. Gathman said that they could add this as a development standard.
Commissioner Elliott asked what recourse the surrounding landowners would have if their wells are
affected. Mr. Gathman said that the Division of Water Resources would be notified and the applicant
would be required to go through a state process.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Bryan Giggy, 33216 CR 380, Kersey, Colorado, said that he has a very shallow well (8 feet deep) and
asked what his recourse is after this depot starts and his well goes dry. Mr. Giggy said that they were told
that 100 percent of all traffic would go to the east and that they would make it impossible for the trucks to
turn west. He expressed concerned with the children playing in the area to the west of the site.
David Dechant, 8029 CR 39, Ft. Lupton, Colorado, asked if the applicant is 70 Ranch or United Water
and Sanitation. He was involved in a water court case that turned out very badly for him. The Chair
asked Mr. Dechant to state his concerns specific to this case. Mr. Dechant had no further comment.
Mr. Damiano said that they will go through the Division of Water Resources to get the well permit. After
they drill the well they will have it test pumped to see what the drawdown is for this specific site and then
determine how much can actually be pumped out of that well. He added that they do not want to
adversely affect any of the adjacent landowners. Mr. Damiano indicated that the applicant does not
intend to exceed 75 round trips per day.
The Chair asked to clarify the number of truck trips. Mr. Gathman said that according to Development
Standard 17 they are allowed 75 truck round trips per day and any increase beyond that could lead to the
requirement for additional road improvements. If the applicants intend to go over the 75 trips per day they
will need to come back and request an amendment to the land use permit.
The Chair noted that there was some discussion of adding a development standard in regard to
reclamation. Mr. Gathman said that we can add a condition of approval to read "The applicant shall
submit a reclamation plan detailing how the site will be reclaimed in the event the use is abandoned."
Motion: Add Condition of Approval as stated by Staff, Moved by Jason Maxey, Seconded by Nick
Berryman.
Motion passed unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR13-0030 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Jordan Jemiola, Seconded by Jason Maxey.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bret Elliott, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael
Wailes, Nick Berryman.
Commissioner Maxey encouraged the applicant to talk with the residents and install screening to the west
if necessary.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LOCATION:
MET13-0001
PLATTE VALLEY PARK AND RECREATION; C/O BRENT BUTZIN
MICHELLE MARTIN
A SERVICE PLAN FOR THE PLATTE VALLEY RECREATION DISTRICT
COEXTENSIVE WITH THE BOUNDARIES OF THE PLATTE VALLEY SCHOOL
DISTRICT WELD RE -7
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