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LAND USE APPLICATION
SUMMARY SHEET
Diana Aungst
USR13-0044
Austin Peitz
Randy Hurlburt of CRESA
Heat Waves Hot Oil Services
1515 Arapahoe Street,
Tower 3, Suite 350
Denver, CO 80202
Hearing Date: November 5, 2013
A Site Specific Development Plan and Use by Special Review Permit for Mineral
Resource Development Facilities including Oil and Gas Support and Service (two 8,000
square foot shop/office buildings, a mobile home for security housing, a diesel fueling
area, a propane tank, and parking, storage, and maintenance of frac heating trucks, hot
oil heating trucks, propane tank trucks and water transport trucks) in the A (Agricultural)
Zone District
Lot C of Recorded Exemption RECX11-0036 Being part of Section 30, T4N, R66W of
the 6th P.M., Weld County, CO
North of and adjacent to County Road 40; west of and adjacent to County Road 25.5
+/- 7.29 acres Parcel No. 1057-30-3-00-013
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:
Town of Milliken, referral dated August 21, 2013
• Weld County Department of Public Works, referral dated September 16, 2013
• Weld County Department of Building Inspection, referral dated September 3, 2013
Weld County Department of Public Health and Environment, referral dated September 5, 2013
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
• Town of Platteville, referral dated August 23, 2013
Colorado Department of Transportation, October 29, 2013
• Weld County Zoning Compliance, referral dated August 13, 2013
• Weld County School District RE -1, referral dated August 31, 2013
• Central Weld County Water District, referral dated August 16, 2013
• Colorado Division of Parks and Wildlife, referral dated August 18, 2013
• State of Colorado, Division of Water Resources, referral dated August 15, 2013
• Weld County Office of Emergency Management, referral dated August 13, 2013
USR13-0044
Page 1 of 12
The Department of Planning Services' staff has not received responses from the following agencies:
Town of Gilcrest
Weld County Sherriffs Office
Platte Valley Soil Conservation District
Platteville-Gilcrest Fire Protection District
U SR13-0044
Page 2 of 12
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SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Diana Aungst
USR13-0044
Austin Peitz
Randy Hurlburt of CRESA
Heat Waves Hot Oil Services
1515 Arapahoe Street,
Tower 3, Suite 350
Denver, CO 80202
Hearing Date: November 5, 2013
A Site Specific Development Plan and Use by Special Review Permit for Mineral
Resource Development Facilities including Oil and Gas Support and Service (two 8,000
square foot shop/office buildings, a mobile home for security housing, a diesel fueling
area, a propane tank, and parking, storage, and maintenance of frac heating trucks, hot
oil heating trucks, propane tank trucks and water transport trucks) in the A (Agricultural)
Zone District
Lot C of Recorded Exemption RECX11-0036 Being part of Section 30, T4N, R66W of
the 6th P.M., Weld County, CO
North of and adjacent to County Road 40; west of and adjacent to County Road 25.5
+/- 7.29 acres Parcel No. 1057-30-3-00-013
The applicant is proposing an oil and gas service facility for the parking, storage, and maintenance of oil
and gas trucks. The application materials state that for the initial phase of construction the applicant will
construct an 8,000 square foot shop/office, a mobile home for security housing, and a diesel fueling area.
Additionally, a future 8,000 square foot office/shop is proposed to be built. The site is currently vacant
land. The application materials state that there will be 36 employees. Four of the 36 will be on -site full
time employees and the remainder will work in the field.
Water for the facility will be provided by Central Weld County Water District. A can -serve letter, dated
July 9, 2013, was provided with the application. The applicant is proposing to install an engineer -
designed septic system. The commercial septic permit will require Weld County Board of Health
approval.
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:
USR13-0044
Page 3 of 12
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 22-6-20 A. ECON.Goal 1. State: "Encourage the expansion of existing
businesses and the location of new industries that will provide employment opportunities
in the County."
The application materials state that during the 'operating season' (winter) this business,
will employee 36 people. Four of the 36 will be on -site full time employees and the
remainder will work in the field.
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." and 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."
Heat Waves Hot Oil Services, is company which provide hot oil services to the oil and
gas industry. Currently the business is located on seven -tenths (.0.7) of an acre in the
Town of Platteville the applicant is proposing to move the business from Platteville to this
site. The crews/trucks that perform the 'hot -oil' service are in the field for 3-4 days at a
time and return to the site when not in service or require repair. The applicant has
requested that the hours of operation to be 24/7 because it is unknown when the off -site
job will be completed.
The application materials state that for the initial phase of construction the applicant will
construct an 8,000 square foot shop/office and a mobile home will be placed on the site
for security housing. The oil and gas trucks will be stored and maintained on the site.
The screening between the closest residence to the north and the site is proposed to be
6 -foot chain -link with privacy slats. The remainder of the property is proposed to be
screened with a 6 -foot chain -link fence without slats. Staff is recommending that the
privacy slat be use around the entire site to screen the parking and storage area from the
public -rights -of -way and the adjacent properties.
As a condition of approval the applicant is required to submit an updated Screening Plan
and a detailed Lighting Plan. The implementation of these two plans, in conjunction with
the Development Standards and the other Conditions of Approval for this proposal, will
assist in mitigating the impacts of the facility on the adjacent properties and ensure
compatibility with surrounding land uses.
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.A.2.of the Weld County Code which allows
for, a Site Specific Development Plan and Use by Special Review Permit for Mineral
Resource Development Facilities including Oil and Gas Support and Service (two 8,000
square foot shop/office buildings, a mobile home for security housing, a diesel fueling
area, a propane tank, and parking, storage, and maintenance of frac heating trucks, hot
oil heating trucks, propane tank trucks and water transport trucks) 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 adjacent properties are mainly utilized for pastures, crops, and rural residences.
County Road 40 borders the site on the south and County Road 25.5 borders the site on
the east. The property to the north is a rural residential lot and the adjacent land to the
west is cropland. The closest residence is approximately twenty (20) feet west of the
west property line.
U SR13-0044
Page 4 of 12
There are four (4) USRs located within one mile of this parcel. USR-839 for commercial
greenhouses is approximately four -tenths of a mile northeast of the site, USR-866 oil and
gas support facility is approximately one mile directly east of the site, USR-1695 for a
mineral resource development facility is approximately four -tenths of a mile southeast of
the site, and USR-1662 for pipe and equipment storage is approximately one mile south
of the site. The Weld County Department of Planning Services has received thirty (30)
letters of opposition to this USR. The letters state concerns about increased dust, noise
traffic, hours of operation, decrease of property values, and fire control.
As a condition of approval the applicant is required to submit an updated Screening Plan
and a detailed Lighting Plan. The implementation of these two plans, in conjunction with
the Development Standards and the other Conditions of Approval for this proposal, will
assist in mitigating the impacts of the facility on the adjacent properties and ensure
compatibility with surrounding land uses.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the
future development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities.
The site is located within the three (3) mile referral area of the Towns of Platteville,
Gilcrest and Milliken. The Town of Gilcrest did not respond and the Town of Platteville
responded with no comments. The Town of Milliken stated, "The proposed site is within
the Town of Milliken Comprehensive Plan "Influence Area". While we appreciate the
incorporation of a dust mitigation plan, we encourage the applicant to be a good neighbor
and proactively implement the plan. The Town would encourage the County to require a
landscape plan. While the area is relatively rural in nature, the use is a more intensive
use than the surrounding properties. Mitigating the visual effects of the proposed use will
go a long way in a good neighbor policy." The County is requiring a screening plan to
screen the parking area from the public -rights -of -way and the adjacent properties.
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 7.29 acres Prime (Irrigated per the
1979 Soil Conservation Service Important Farmlands of Weld County Map. This USR will
not take any acres of Prime (Irrigated) Farmland out of production because the site is too
small to farm.
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.
USR13-0044
Page 5 of 12
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. The applicant shall submit a Lighting Plan to the Department of Planning Services, for review
and approval. Any lighting poles and lamps shall comply with Section 23-3-360.F. which
states, in part, that, "any lighting shall be designed, located, and operated in such a manner
as to meet the following standards: sources of light shall be shielded so that beams or rays of
light will not shine directly onto adjacent properties." (Department of Planning Services)
B. The applicant shall submit a Signage Plan to the Department of Planning Services for review
and approval. The quantity, size and location of the signs shall comply with Chapter 23
Division 2, Appendix 23-C and Appendix 23-D. (Department of Planning Services)
C. The applicant has submitted a screening plan that includes a 6 -foot chain -link fence with
privacy slats along the northern section. The applicant shall submit a revised screening plan
that shows the 6 -foot chain -link fence with privacy slats surrounding the entire property.
(Department of Planning Services)
D. The applicant has submitted a Parking Plan that includes 20 parking spaces for employees
and 12 parking spaces for oil, gas, and water trucks. (Department of Planning Services)
E. The applicant shall address the requirements (concerns) of the Colorado Department of
Transportation (CDOT), as stated in the referral response dated October 29, 2013. Evidence
of such shall be submitted, in writing, to the Weld County Department of Planning Services.
(Department of Planning Services and CDOT)
F. An accepted Final Drainage Report stamped and signed by a Professional Engineer
registered in the State of Colorado is required. (Department of Public Works)
G. An Improvements and road maintenance agreement for offsite improvements is required for
this site. Road maintenance including dust control, damage repair, and triggers for
improvements will be included. (Department of Public Works)
H. The applicant shall submit documentation that the secondary containment for the
aboveground fuel tanks complies with the Colorado Department of Labor and Employment
(CDL&E), Oil Inspection Section's Above Ground Storage Tank Regulations (7 CCR 1101-
14). (Department of Public Health and Environment)
I. The applicant shall submit evidence of an Aboveground Storage Tank permit from the
Colorado Department of Labor and Employment (CDL&E), Oil Inspection Section for any
aboveground storage tanks located on the site. Alternately, the applicant can provide
evidence from the (CDL&E), Oil Inspection Section that they are not subject to these
requirements. (Department of Public Health and Environment)
J. A signed copy of the Spill Prevention, Control and Countermeasure Plan shall be provided to
Environmental Health Services Division of the Weld County Department of Public Health &
Environment, in accordance with Section 3-6 of the Colorado Department of Labor and
Employment Division of Oil and Public Safety Storage Tank Regulations (7 C.C.R. 1101-14)
as well as EPA regulations (40 CFR Part 112). (Department of Public Health and
Environment)
K. 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:
USR13-0044
Page 6 of 12
1) The waste handler and facility where refuse (trash and garbage) will be disposed
(including the waste handler and disposal facility name, address, and phone number).
2) The addresses and phone numbers of the companies disposing the wash bay and shop
floor drain waste, and the used vehicle fluids.
3) Disposal or recycling of other wastes generated from vehicle and equipment
maintenance and repairs, such as batteries, tires, other scrap parts (including the waste
handler and disposal facility name, address, and phone number)
(Department of Public Health and Environment)
L. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0044. (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 plat shall delineate the trash collection areas. Section 23-3-350.H of the Weld
County Code addresses the issue of trash collection areas. Areas used for storage or
trash collection shall be screened from adjacent properties and public rights -of -way.
These areas shall be designed and used in a manner that will prevent trash from being
scattered by wind or animals. (Department of Planning Services)
5) The approved Landscaping/Screening Plan. (Department of Planning Services)
6) The approved Parking Plan. (Department of Planning Services)
7) The approved Lighting Plan. (Department of Planning Services)
8) The approved Signage Plan. (Department of Planning Services)
9) County Road 40 is designated on the Weld County Road Classification Plan as a local
road, which requires 60 feet of right-of-way at full build -out. 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. This road is
maintained by Weld County. (Department of Public Works)
10) County Road 25.5 is designated on the Weld County Road Classification Plan as a local
road, which requires 60 feet of right-of-way at full build -out. 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. This road is
maintained by Weld County. (Department of Public Works)
11) Show the approved accesses on the plat and label with the approved access permit
number (will be provided). (Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit three (3) 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)
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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
senttomaps@co.weld.co.us. (Department of Planning Services)
5. Prior to construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to
the start of construction. (Department of Public Works)
6. Prior to the issuance of the Certificate of Occupancy:
a. An individual sewage disposal system is required for the proposed facility and shall be
installed according to the Weld County Individual Sewage Disposal Regulations. The septic
system is required to be designed by a Colorado Registered Professional Engineer according
to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health
and Environment)
b. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V
Injection Well permit from the Environmental Protection Agency (EPA) for any large -capacity
septic system (a septic system with the capacity to serve 20 or more persons per day).
Alternately, the applicant can provide evidence from the EPA that they are not subject to the
EPA Class V requirements. (Department of Public Health and Environment)
7. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review plat is ready to be recorded in the office
of the Weld County Clerk and Recorder. (Department of Planning Services)
USR13-0044
Page 8 of 12
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Heat Waves Hot Oil Services
USR13-0044
1. A Site Specific Development Plan and Use by Special Review Permit, USR13-0044, for Mineral
Resource Development Facilities including Oil and Gas Support and Service (two 8,000 square
foot shop/office buildings, a mobile home for security housing, a diesel fueling area, a propane
tank, and parking, storage, and maintenance of frac heating trucks, hot oil heating trucks,
propane tank trucks and water transport trucks) in the A (Agricultural) Zone District, subject to the
Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The number of on -site employees shall be commensurate with the number of persons which the
septic system may accommodate in accordance with the requirements of the Weld County Code,
pertaining to Individual Sewage Disposal Systems (I.S.D.S.) Regulations. (Department of
Planning Services)
4. The hours of operation are 24 hours a day 7 days, as stated by the applicant(s). (Department of
Planning Services)
5. The screening/landscaping/parking/signage/lighting on the site shall be maintained in accordance
with the approved Screening/Landscaping/Parking/Signage/Lighting Plans. (Department of
Planning Services)
6. Should noxious weeds exist on the property, or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Chapter 15, Articles I and II, of the Weld County Code. (Department of Public Works)
7. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Public Works)
8. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Public Works)
9. There shall be no parking or staging of vehicles on County roads. On -site parking shall be
utilized. (Department of Public Works)
10. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
11. No permanent disposal of wastes shall be permitted at this site. This is not meant to include
those wastes specifically excluded from the definition of a solid waste in the Solid Wastes
Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health
and Environment)
12. 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 the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
13. The applicant shall comply with all provisions of the State Underground and Above Ground
Storage Tank Regulations. (Department of Public Health and Environment)
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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. Floor drain wastes in vehicle maintenance facility shall be captured in a watertight vault and
hauled off for proper disposal. Records of installation, maintenance, and proper disposal shall be
retained. (Department of Public Health and Environment)
16. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall
operate in accordance with the approved "dust abatement plan", at all times. (Department of
Public Health and Environment)
17. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial
Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health
and Environment)
18. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons
of the facility, at all times. (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 (Central Weld County Water District).
(Department of Public Health and Environment)
20. 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 Individual
Sewage Disposal Systems. (Department of Public Health and Environment)
21. 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 (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)
22. The Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times.
(Department of Public Health and Environment)
23. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health & Environment, Water Quality Control Division. (Department of
Public Health and Environment)
24. 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)
25. 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)
26. Building permit maybe required, per Section 29-3-10 of the Weld County Code. Currently the
following has been adopted by Weld County: 2012 International Codes; 2006 International
Energy Code; 2011 National Electrical Code; A building permit application must be completed
and two 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 registered State of Colorado engineer shall be required or an open hole inspection.
(Department of Building Inspection)
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27. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
28. Necessary personnel from the Weld County Departments of Planning Services, Public Works,
and Public Health and Environment shall be granted access onto the property at any reasonable
time in order to ensure the activities carried out on the property comply with the Conditions of
Approval and Development Standards stated herein and all applicable Weld County regulations.
29. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the
plans or Development Standards, as shown or stated, shall require the approval of an
amendment of the Permit by the Weld County Board of County Commissioners before such
changes from the plans or Development Standards are permitted. Any other changes shall be
filed in the office of the Department of Planning Services.
30. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may
be reason for revocation of the Permit by the Board of County Commissioners.
31. 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
U SR 13-0044
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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, 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.
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September 25, 2013
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
HURLBURT RANDY
1515 ARAPAHOE ST TOWER 3 STE 350
DENVER, CO 80202
Subject: USR13-0044 - A Site Specific Development Plan and Use by Special Review Permit for Mineral
Resource Development Facilities including Oil and Gas Support and Service (Hot Oil Service, parking,
storage, and maintenance of frac heating trucks, hot oil heating trucks, propane tank trucks and water
transport trucks) in the A (Agricultural) Zone District
On parcel(s) of land described as:
LOT C REC EXEMPT RECX11-0036; PART SW4 SECTION 30, T4N, R66W of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on November 5, 2013, at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on November 20,
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.
Vl /Ct. RDeason:lly signed by Kristine rf this document
Ranslm
Reason: I am the author of
Date: 2013.09.25 11:52:27 -06'00'
Diana Aungst
Planner
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
August 12, 2013
HURLBURT RANDY
1515 ARAPAHOE ST TOWER 3 STE 350
DENVER, CO 80202
Subject: USR13-0044 - A Site Specific Development Plan and Use by Special Review Permit for Mineral
Resource Development Facilities including Oil and Gas Support and Service (Hot Oil Service, parking,
storage, and maintenance of frac heating trucks, hot oil heating trucks, propane tank trucks and water
transport trucks) in the A (Agricultural) Zone District
On parcel(s) of land described as:
LOT C REC EXEMPT RECX11-0036; PART SW4 SECTION 30, T4N, R66W of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Commission(s) for their review and comments:
Gilcrest at Phone Number 970-737-2426
Milliken at Phone Number 970-587-4331
Platteville at Phone Number 970-785-2245
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 this document
Date: 2013.08.12 13:23:20 -06'00'
Diana Aungst
Planner
FIELD CHECK
Inspection Date: 10/23/13
Case Number:
Applicant:
Request:
Legal
Description:
Location:
Size of Parcel:
USR13-0044
Austin Peitz
A Site Specific Development Plan and Use by Special Review Permit for
Mineral Resource Development Facilities including Oil and Gas Support and
Service (two 80,000 square foot shop/office buildings, a mobile home for
security housing, a diesel fueling area, a propane tank, and parking, storage,
and maintenance of frac heating trucks, hot oil heating trucks, propane tank
trucks and water transport trucks) in the A (Agricultural) Zone District
Lot C of Recorded Exemption RECX11-0036 Being part of Section 30, T4N,
R66W of the 6th P.M., Weld County, CO
North of and adjacent to County Road 40; west of and adjacent to County
Road 25.5
+/- 7.29 acres
Parcel No. 1057-30-3-00-013
Zoning
Land Use
N
A (Agricultural)
N
Rural Residential
E
A (Agricultural)
E
Agricultural
S
A (Agricultural)
S
Agricultural
W
A (Agricultural)
W
Agricultural
COMMENTS:
The site is currently vacant land. The access point will be off of County Road 40 but it is not
built yet. There is a small pump house on the southeast corner of the site.
,,O.dasaa
Diana Aungst, Planner I
Hello