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LAND USE APPLICATION
SUMMARY SHEET
Diana Aungst Hearing Date: December 4, 2012
USR12-0066
Lewis and Sedonia Herrera
A Site Specific Development Plan and Special Review Permit for an Oil And Gas
Support Facility (Vehicle Parking and Equipment Storage Associated with an Oilfield
Service Facility) in the A (Agricultural) Zone District
N2NW4 of Section 26, T7N, R63W of the 6th P.M., Weld County, CO
East and Adjacent to County Road 69 and approximately 1.0 mile south of County
Road 80
+/- 80 acres Parcel No. 0713-26-2-00-014
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
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:
I ➢ Weld County Department of Public Works, referral dated October 22, 2012
I ➢ Weld County Department of Public Health and Environment, referral dated October 24, 2012
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
I ➢ Weld County Department of Building Inspection, referral dated October 24, 2012
I ➢ Weld County Zoning Compliance, referral dated October 10, 2012
0➢ State of Colorado, Division of Water Resources, referral dated October 1, 2012
I ➢ Weld County Sheriff's Office, referral dated September 26, 2012
I ➢ Colorado Division of Parks and Wildlife, referral dated September 25, 2012
The Department of Planning Services' staff has not received responses from the following agencies:
D➢ School District RE -10J
D➢ Briggsdale Fire Protection District
D➢ West Greeley Soil Conservation District
USR12-0066, page 1 of 9
Planner:
Case Number:
Applicant:
Request:
Legal
Description:
Diana Aungst
USR12-0066
Lewis and Sedonia Herrera
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Hearing Date: December 4, 2012
A Site Specific Development Plan and Special Review Permit for an Oil And Gas
Support Facility (Vehicle Parking and Equipment Storage Associated with an Oilfield
Service Facility) in the A (Agricultural) Zone District
N2NW4 of Section 26, T7N, R63W of the 6th P.M., Weld County, CO
Location: East and Adjacent to County Road 69 and approximately 1.0 miles south of County
Road 80
Size of Parcel: +/- 80 acres Parcel No. 0713-26-2-00-014
Description of Use:
The applicant (JL Pumping Unit and Crane Service) is requesting an approval of a Special Use Permit for
a parking area for oil and gas support and service trucks and equipment. According to the applicant
materials the trucks and equipment consists of 5 tractor trailers, 2 cranes, 5 trailers, a tool truck, and misc
oil and gas related products such as disassembled pumping units, piping, et cetera. The site is currently
vacant land. The application materials state that the applicant will utilize the northeast corner of the
property, occupying about 10 acres of an 80 acre parcel.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 - The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20.G - A.Goal 7 states, "County land use regulations should protect the
individual property owner's right to request a land use change."
Section 22-2-80.D - I. Goal 4 states, "All new industrial development should pay its own
way."
USR12-0066, page 2 of 9
The applicant will be responsible for covering all costs for all on -site and any applicable off -
site improvements associated with this use, as required through the Improvements
Agreement and Conditions of Approval.
Section 22-2-100.E. - C.Goal 5. states "Minimize the incompatibilities that occur between
commercial uses and surrounding properties."
Section 22-2-20.G.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 Department of Planning Services is requesting a Screening Plan for the facility
addressing the parking of storage area from public rights of way and adjacent properties.
The closest residence is approximately 400 feet south of the subject property line.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the Agricultural (A)
Zone District. Section 23-3-40.A.2 of the Weld County Code allows for, A Site Specific
Development Plan and Special Review Permit for an Oil And Gas Support Facility (Vehicle
Parking, Vehicle & Equipment Storage, and Vehicle and Equipment Maintenance
Associated with an Oilfield Service Facility) 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 site is located approximately seven miles southwest of Briggsdale. Adjacent properties
are mainly utilized for dryland pastures/crops and some residences. The nearest residence
is located approximately 400 feet to the south of the southern property line. The Weld
County Department of Planning Services has received concerns from one surrounding
property owner. The concerns outlined in the email include noise and the establishment of a
business on the subject property. The attached Development Standards and Conditions of
Approval, including a required Screening Plan and a road improvements and maintenance
plan, will address the impacts and attempt to ensure compatibility with surrounding area.
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 not located within three miles of a municipality.
E. Section 23-2-220.A.5 -- The application complies with Article V of the Weld County Code.
The existing site is within the County Road Impact Fee Area and the Capital Expansion
Impact Fee and Drainage Impact Fee areas.
Effective April 25, 2011, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance
2011-2)
USR12-0066, page 3 of 9
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 soils designated as "Other" per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The proposed USR will not
take Prime (Irrigated) Farmland out of production.
G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of 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:
1. Prior to recording the plat:
A. Access improvements are required and shall include 60' radiuses to accommodate turning
trucks and tracking control to prevent the tracking of mud onto the gravel roadway. Standard
tracking control for accesses onto gravel roads includes double cattle guards at the access
point. (Department of Public Works)
B. The applicant shall submit to the Department of Planning Services with a Lighting Plan for
review and approval. With approval, the Lighting Plan information shall be graphically
delineated on the USR Plat. (Department of Planning Services)
C. The applicant shall submit a Screening Plan to the Department of Planning Services for
review and approval. With approval, the Screening Plan information shall be graphically
delineated on the USR Plat. (Department of Planning Services)
D. The applicant shall submit a Sign Plan to the Department of Planning Services for review
and approval. With approval, the sign information shall be graphically delineated on the
USR Plat. (Department of Planning Services)
E. The applicant shall apply for all applicable building permits. (Department of Planning
Services.)
F. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR12-0066. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The plat shall be prepared per Section 23-2-260.D. of the Weld County Code.
(Department of Planning Services)
4) The approved Screening Plan, to address the parking of vehicles and equipment, the
outdoor storage of materials, including the trash dumpster associated with this facility
shall be screened from adjacent properties, including the public rights -of -way.
(Department of Planning Services)
USR12-0066, page 4 of 9
5) The approved Lighting Plan, as applicable. (Department of Planning Services)
6) The approved Signage Plan, as applicable. (Department of Planning Services)
7) County Road 69 is designated on the Weld County Road Classification Plan as a local
gravel road, which requires 60 feet of right-of-way at full build out. The applicant shall
verify the existing right-of-way and the documents creating the right-of-way and this
information shall be noted on the plat. 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. This
road is maintained by Weld County. (Department of Public Works)
8) The applicant will utilize the existing access to the property. Additional accesses will
not be granted. Please show the approved access point on the plat and label it with
the Access Permit number (will be provided). (Department of Public Works)
2. Upon completion of 1. above the applicant shall submit three (3) paper copies of the plat for
preliminary approval to the Weld County Department of Planning Services. Upon approval of the
paper copies 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 Department of Planning Services' Staff. 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. The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files
format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable).
This digital file may be sent to dhuerterco.weld.co.us. (Department of Planning Services)
USR12-0066, page 5 of 9
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JL Pumping Unit and Crane Service
USR12-0066
1. A Site Specific Development Plan and Special Review Permit for an Oil And Gas Support Facility
(Vehicle Parking and Equipment Storage Associated with an Oilfield Service Facility) in the A
(Agricultural) Zone District.
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. Hours of operation shall be 5 a.m. to 9 p.m. Monday thru Friday and vehicle parking and
equipment storage associated with an oilfield service facility shall be 24 hours, 7 days a week
(Department of Planning Services)
4. The number of employees associated with this facility is limited to five (5) persons, as stated in
the application materials. (Department of Planning Services)
5. There are no full time or part time employees stationed on site, according to the application
materials. (Department of Planning Services)
6. The application materials did not include a lighting plan. Should exterior lighting become a part of
this facility, the lighting plan shall be delineated on the USR map. (Department of Planning
Services)
7. The application materials did not include a sign plan. Should signage be a part of this facility, the
sign plan shall be delineated on the USR map. (Department of Planning Services)
8. No permanent disposal of wastes shall be permitted at this site. This is not meant to include
those wastes specifically excluded from the definition of a solid waste in the Solid Wastes
Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health
& Environment)
9. 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.
(Department of Public Health & Environment)
10. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health & Environment)
11. 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 & Environment)
12. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone
as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health &
Environment)
USR12-0066, page 6 of 9
13. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons
of the facility, at all times. Portable toilets and bottled water are allowed when employees or
contractors are on site for less than 2 consecutive hours a day. 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 & Environment)
14. The operation shall comply with all applicable rules and regulations of State and Federal
agencies and the Weld County Code. (Department of Public Health & Environment)
15. The maximum number of proposed trucks utilizing the site is 12 per day. Exceeding these
numbers may require revision of the Improvements and Road Maintenance Agreement.
(Department of Public Works)
16. The historical flow patterns and run-off amounts will be maintained on site in such a manner that
it will reasonably preserve the natural character of the area and prevent property damage of the
type generally attributed to run-off rate and velocity increases, diversions, concentration and/or
unplanned ponding of storm run-off. (Department of Public Works)
17. 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. All vegetation, other
than grasses, needs to be maintained at a maximum height of 12 inches until the area is
completely developed. (Department of Public Works)
18. 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; and
Neither direct nor reflected light from any light source may create a traffic hazard to operators of
motor vehicles on public or private streets and no colored lights may be used which may be
confused with or construed as traffic control devices. (Department of Planning Services)
19. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the Weld County Road Impact Program.(Ordinance 2011-2) (Department of
Planning Services)
20. Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to adhere
to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2)
(Department of Planning Services)
21. The Special Review activity shall not occur nor shall any building or electrical permits be issued
on the property until the Special Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder. (Department of Planning Services)
22. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code. (Department of Planning Services)
23. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code. (Department of Planning Services)
24. 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.
(Department of Planning Services)
USR12-0066, page 7 of 9
25. The 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. (Department of Planning Services)
26. 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. (Department of
Planning Services)
27. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town. Along with the drawbacks come the
incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness,
wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without
neighboring farms, those features which attract urban dwellers to rural Weld County would quickly
be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor
from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes;
hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of
pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice
for agricultural producers to utilize an accumulation of agricultural machinery and supplies to
assist in their agricultural operations. A concentration of miscellaneous agricultural materials
often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-
102, C.R.S., provides that an agricultural operation shall not be found to be a public or private
nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that
are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development. When moving to the County, property owners and residents must realize they
cannot take water from irrigation ditches, lakes, or other structures, unless they have an
adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size
(twice the size of the State of Delaware) with more than three thousand seven hundred (3,700)
miles of state and County roads outside of municipalities. The sheer magnitude of the area to be
served stretches available resources. Law enforcement is based on responses to complaints
more than on patrols of the County, and the distances which must be traveled may delay all
emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually
provided by volunteers who must leave their jobs and families to respond to emergencies.
County gravel roads, no matter how 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.
USR12-0066, page 8 of 9
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, sand burs, 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. (Department of
Planning Services)
USR12-0066, page 9 of 9
November 15, 2012
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3524
FAX: (970) 304-6498
HERRERA LEWIS
3043 CABIN CREEK PL
CASPER, WY 82604
Subject: USR12-0066 - A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR AN OIL AND GAS SUPPORT FACILITY (VEHICLE PARKING AND EQUIPMENT STORAGE
ASSOCIATED WITH AN OILFIELD SERVICE FACILITY) IN THE A (AGRICULTURAL) ZONE
DISTRICT.
On parcel(s) of land described as:
N2NW4 SECTION 26, T7N, R63W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on December 4, 2012, at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on January 9, 2013
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,
tspLaft
Diana Aungst
Planner
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2012.11.15 08:40:04 -07'00'
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3524
FAX: (970) 304-6498
September 24, 2012
LEWIS & SEDONIA HERRERA
3043 CABIN CREEK PL
CASPER, WY 82604
Subject: USR12-0066 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN OIL AND GAS SUPPORT FACILITY (VEHICLE PARKING, VEHICLE & EQUIPMENT
STORAGE, AND VEHICLE AND EQUIPMENT MAINTENANCE ASSOCIATED WITH AN OILFIELD
SERVICE FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT
On parcel(s) of land described as:
N2NW4 SECTION 26, T7N, R63W 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.
If you have any questions concerning this matter, please call.
Respectfully,
ll
tf,„
Diana Aungst
Planner
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Location: 1555 N 17th Ave
Date:2012.09.24114303 06'00'
FIELD CHECK
Inspection Date: 11/19/12
Case Number:
Applicant:
Request:
Legal
Description:
Location:
USR12-0066
Lewis and Sedonia Herrera
A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AN
OIL AND GAS SUPPORT FACILITY (VEHICLE PARKING AND EQUIPMENT
STORAGE ASSOCIATED WITH AN OILFIELD SERVICE FACILITY) IN THE A
(AGRICULTURAL) ZONE DISTRICT
N2NW4 of Section 26, T7N, R63W of the 6th P.M., Weld County, CO
East and Adjacent to County Road 69 and approximately 1.0 mile south of County
Road 80
Size of Parcel: +/- 80 acres
Parcel No. 0713-26-2-00-014
Zoning
Land Use
N
A (Agricultural)
N
Agricultural
E
A (Agricultural)
E
Agricultural
S
A (Agricultural)
S
Agricultural
W
A (Agricultural)
W
Agricultural
COMMENTS:
The site is located approximately seven miles southwest of Briggsdale. Adjacent properties are mainly
utilized for dryland pastures/crops and some residences. The nearest residence is located approximately
400 feet to the south of the southern property line.
There is a single point of access into the site along the north edge of the property off of County Road 69.
Diana Aungst, Planner
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