HomeMy WebLinkAbout20123561.tiff v.
A.
LAND USE APPLICATION
� co SUMMARY SHEET
Planner: C. Gathman
Case Number: USR12-0054 Hearing Date: November 6, 2012
Applicant: Bernal Rande
Site Address: 23378 CR 55, Kersey, CO 80644
Request: A Site Specific Development Plan and Use by Special Review Permit for a Mineral
Resource Development Facility including an Oil and Gas Support and Service (parking,
staging and maintenance of oil and gas water service trucks) in the A (Agricultural) Zone
District.
Legal Description: Lot C of Recorded Exemption RE 4461; located in Part of the SW4 of Section 3, T4N,
R64W of the 6th PM, Weld County, Colorado
Location: East of and adjacent to County Road 55 and approximately 1/4 mile north of County
Road 48.
Size of Parcel: 18.82 Acres
Parcel Number: 1053 03 300003
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received responses from the following agencies:
Without Comments:
Town of Kersey, Referral received 9/6/2012
Colorado Parks&Wildlife, Referral received 8/21/2012
Weld County Sheriff's Office, Referral received 8/13/2012
With Comments:
Weld County Department of Public Works, Referral received 9/7/2012
Weld County Department of Public Health & Environment, Referral received 9/7/2012
Weld County Department of Building Inspection, Referral received 8/17/2012
Weld County Zoning Compliance, Referral received 8/10/2012
Colorado Division of Water Resources, Referral received 8/14/2012
The following agencies have not responded:
Platte Valley Fire Protection District
West Greeley Soil Conservation District
USR12-0054, Bernal, Page 1
l"I
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: C. Gathman
Case Number: USR12-0054 Hearing Date: November 6, 2012
Applicant: Rande Bernal
Address: 23462 CR 55, Kersey, CO 80644
Request: A Site Specific Development Plan and Use by Special Review Permit for a Mineral
Resource Development Facility including an Oil and Gas Support and Service (parking,
staging and maintenance of oil and gas water service trucks) in the A (Agricultural) Zone
District.
Legal Description: Lot C of Recorded Exemption RE 4461; located in Part of the SW4 of Section 3, T4N,
R64W of the 6th PM, Weld County, Colorado
Location: East of and adjacent to County Road 55 and approximately 1/4 mile north of County
Road 48.
Size of Parcel: 18.82 Acres
Parcel Number: 1053 03 300003
The proposed use contains a truck yard and dispatch for trucks used for hauling water for the oil and gas
industry along with a 4,000 square-foot shop to be utilized for truck maintenance.
This application was submitted to address a pending zoning violation under case # ZCV12-00098. This
violation was initiated due to the operation of an oil & gas Support and Services business without first
completing the necessary Weld County Zoning Permits. This case has not been presented to the Weld
County Court Magistrate through the Violation Hearing process. This application if approved by the Board
of County Commissioners and once a plat is recorded will correct the violation. If this application is
denied, all oil & gas operations and associated activities and/or storage shall be removed from the
property within 30 (thirty) days of denial or the violation will proceed in court accordingly.
THE 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.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
USR12-0054, Bernal, Page 2
compatible with the region."
Section 22-2-20 I. A.Goal 9. States: "Reduce potential conflicts between varying land
uses in the conversion of traditional agricultural lands to other land uses."
Section 22-2-20 1.3. A.Policy 9.3. States: "Consider mitigation techniques to address
incompatibility issues. Encourage techniques and incentives, such as but not limited to
clustered development and building envelopes, to minimize impacts on surrounding
agricultural land."
22-2-100 A.2. OG.Policy 1.2. states: "Oil and gas support facilities which do not rely on
geology for locations should locate in commercial and industrial areas, when possible,
and should be subject to review in accordance with the appropriate sections of this
Code."
The proposed use is on the eastern end of the property approximately 800-feet from
County Road 55. The Department of Planning Services is requiring a screening plan and
lighting plan and noise limits will adequately address impacts and ensure compatibility
with the surrounding area
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 oil and gas
support and service facilities as a Use by Special Review in the A (Agricultural) Zone
District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses. The use driveway is located approximately 400 feet south
and the shop/parking area is located approximately 850 feet from the nearest residence.
Other residences are located approximately'A mile to the south and southeast of the site.
An existing dairy is located approximately IA mile to the northwest. Agricultural land is
located to the west and east of the site.
No phone calls, e-mails or correspondence has been received from surrounding property
owners.
Several conditions of approval and development standards are proposed (such as
requiring the applicant to adhere to county noise requirements, submitting a screening
plan and a lighting plan for review and approval...) to ensure compatibility with existing
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. This site is located within the 3-mile referral area of the Town of
Kersey. The Town of Kersey indicated no conflict with their interests in their referral
response received 9/6/2012.
E. Section 23-2-220.A.5 -- The application complies with Article V of the Weld County Code.
This site is not located within a floodplain or overlay district. The existing site is within the
County Road Impact Fee Area and the Capital Expansion Impact Fee area.
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)
USR12-0054, Bernal, Page 3
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)
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 site is
identified as "Prime" according to the Prime and Important Farmlands Map of Weld and
Larimer Counties. The existing buildings and parking encompass a small portion of the
property.
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 attached
development standards and conditions of approval will ensure adequate provisions for
the protection of health, safety and welfare of the inhabitants of the neighborhood and the
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.
1. Prior to Recording the Plat:
A. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR12-0054 (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. The applicant shall delineate screening for the trash collection area. 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 public rights-of-way and adjacent properties. These areas shall be
designed and used in a manner that will prevent wind or animal scattered trash.
(Department of Planning Services)
5. County Road 55 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. There is
presently 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. This road is maintained by Weld
County. (Department of Public Works)
6. The approved screening plan shall be delineated on the plat. (Department of
Planning Services)
7. The plat shall delineate the approved lighting plan. The applicant shall
demonstrate that the proposed lighting will be downcast and will not shine onto
adjacent properties and road rights-of-way. (Department of Planning Services)
8. Show the existing access point on the Plat and label it with the Access Permit
number (will be provided). (Department of Public Works)
9. Show adequate (minimum 60-foot) radiuses at the access point along with a
double cattle guard for tracking control. (Department of Public Works)
USR12-0054, Bernal, Page 4
B. The applicant shall address the requirements of the Weld County Department of Public
Works, as stated in the referral response dated September 7, 2012:
An improvements and road maintenance agreement is required for this site. Public Works
will provide a draft of the agreement after the Board of County Commissioners hearing for
this project. (Department of Public Works)
C. The applicant shall submit written evidence from the Colorado Division of Water
Resources, demonstrating that the well is appropriately permitted for the commercial use
as stated in their referral dated August 14, 2012. (Department of Public Health and
Environment/Colorado Division of Water Resources)
D. The applicant shall address the requirements of the Department of Building Inspection as
stated in their referral dated August 17, 2012. Building permits shall be obtained for the
change of use for existing buildings onsite to be used in conjunction with the proposed
business. (Department of Building Inspection)
E. The applicant shall submit manufacturer specifications on the proposed used oil heater to
Environmental Health Division of the Weld County Department of Public Health &
Environment. (Department of Public Health and Environment)
F. In the event washing of vehicles will occur on site the applicant shall ensure that any
vehicle washing area(s) shall capture all effluent and prevent discharges from the
washing of vehicles in accordance with the Rules and Regulations of the Water Quality
Control Commission, and the Environmental Protection Agency. Vehicle washing areas
should be designated on the plat. (Department of Public Health and Environment)
G. 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)
H. 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)
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 3-6-1 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 containment plan for the fuel storage area to include
capacity of containment area and the construction material (e.g. concrete). (Department
of Public Health and Environment)
USR12-0054, Bernal, Page 5
L. The waste handling plan needs to be revised to include the telephone numbers and
addresses of the waste handlers and disposal or recycling facilities. If tires are changed
in the shop, include the name, address and phone number where tires are disposed or
recycled. (Department of Public Health and Environment)
M. If there are floor drains in the maintenance shop, the applicant shall submit
documentation that floor drain waste is captured in a watertight vault and hauled off for
proper disposal. Include the name, address and phone number of the waste hauler and
disposal facility. (Department of Public Health and Environment)
N. If exterior lighting is proposed, the applicant shall submit to the Department of Planning
Services a Lighting Plan for review and approval. (Department of Planning Services)
O. The applicant shall submit a screening plan for review and approval by the Department of
Planning Services. The parking/storage area shall be screened from adjacent residences
and rights-of-way by a minimum 6-foot high opaque fence.
P. The applicant shall submit a Sign Plan to the Department of Planning Services, for all
Facility identification signs (if any), including location and size. The maximum allowed
sign size for freestanding signs in the A (Agricultural) Zone District is 16 square feet.
(Department of Planning Services)
Q. The applicant shall either submit to the Weld County Department of Planning Services a
copy of an agreement with the properties mineral owners/operators (Noble Energy)
stipulating that the oil and gas activities have adequately been incorporated into the
design of the site or show evidence that an adequate attempt has been made to mitigate
the concerns of the mineral owners. (Department of Planning Services)
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. In accordance with Weld County Code Ordinance 2012-3 approved 6/12/2012, should the plat not
be recorded within the required one-hundred twenty (120) days from the date the Board of
County Commissioners resolution a $50.00 recording continuance charge shall added for each
additional 3 month period. (Department of Planning Services)
4. 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).
Thisdigitalfilemaybesenttodhuerter@co.weld.co.us. (Department of Planning Services)
5. 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)
USR12-0054, Bernal, Page 6
6. Prior to Release of Building Permits:
A. A building permit will be required for the future office and shop structure and any new
construction, alteration, or addition to any buildings or structures on the property. It is
recommended that a code analysis be done on the project by a design professional with
experience in this area. (Department of Building Inspection)
B. A building permit application must be completed and two complete sets of engineered
plans including engineered foundation 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.
(Department of Building Inspection)
C. Buildings and structures shall conform to the requirements of the various codes adopted
at the time of permit application. Currently the following has been adopted by Weld
County: 2006 International Building Code; 2006 International Mechanical Code; 2006
International Plumbing Code: 2006 International Energy Code; 2006 International Fuel
Gas Code; 2011 National Electrical Code; 2003 ANSI 117.1 Accessibility Code and
Chapter 29 of the Weld County Code. (Department of Building Inspection)
D. A plan review shall be approved and a permit must be issued prior to the start of
construction. (Department of Building Inspection)
E. Prior to the release of building permit, the applicant shall submit evidence of approval
from the Platte Valley Fire Protection District to the Weld County Building Department.
(Department of Building Inspection)
USR12-0054, Bernal, Page 7
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Bernal
USR12-0054
1. A Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource
Development Facility including an Oil and Gas Support and Service (parking, staging and
maintenance of oil and gas water service trucks) in the A (Agricultural) Zone District and 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 employees shall be limited to thirty (30) as stated in the application materials.
(Department of Planning Services)
4. The facility operates twenty-four (24) hours a day, seven (7) days a week per the application
materials. (Department of Planning Services).
5. 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)
6. 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)
7. 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 and Environment)
8. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
9. The applicant shall comply with all provisions of the State Underground and Above Ground
Storage Tank Regulations.
10. In accordance with the Underground and Above Ground Storage Tank Regulations (7 CCR 1101-
14) a spillage retention berm shall be constructed around the aboveground fuel tanks. The
volume retained by the spillage berm should be greater than the volume of the largest tank inside
the berm. Alternative protective measures may be allowed provided they comply with the Above
Ground Storage Tank Regulations.
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 and Environment)
12. 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)
13. 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)
USR12-0054, Bernal, Page 8
14. 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)
15. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. (Department of Public Health and Environment)
16. 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)
17. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
18. This application is proposing a well(s) as its source of water. The applicant should be made
aware that while they may be able to obtain a well permit from the Office of the State Engineer,
Division of Water Resources, the quantity of water available for usage may be limited to specific
uses, i.e. domestic use only, etc. Also, the applicant should be made aware that groundwater
may not meet all drinking water standards as defined by the Colorado Department of Public
Health and Environment. We strongly encourage the applicant to test their drinking water prior to
consumption and periodically test it over time. (Department of Public Health and Environment)
19. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and
hauled off for proper disposal. Records of installation, maintenance, and proper disposal shall be
retained and available for review upon request. (Department of Public Health and Environment)
20. The Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times.
(Department of Public Health and Environment)
21. 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)
22. The applicant should be made aware that groundwater may not meet all drinking water standards
as defined by the Colorado Department of Public Health and Environment. We strongly
encourage the applicant to test their drinking water prior to consumption and periodically test it
over time. (Department of Public Health and Environment)
23. The structures proposed to have changes uses will require commercial building permit for change
of use. A code analysis, floor plan and complete set of plans for any alteration and a structural
analysis may be required by a professional engineer will be required. (Department of Building
Inspection)
24. A building permit will be required for any new construction, alteration, or addition to any buildings
or structures on the property. It is required that a code analysis be done on the project by a
design professional with experience in this area. A building permit application must be completed
and two complete sets of engineered plans including engineered foundation 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 a open hole inspection. (Department of Building Inspection)
25. Buildings and structures shall conform to the requirements of the various codes adopted at the
time of permit application. Currently the following has been adopted by Weld County: 2006
International Building Code; 2006 International Mechanical Code; 2006 International Plumbing
Code: 2006 International Energy Code; 2006 International Fuel Gas Code; 2011 National
Electrical Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code.
USR12-0054, Bernal, Page 9
(Department of Building Inspection)
26. A plan review shall be approved and a permit must be issued prior to the start of construction.
(Department of Building Inspection)
27. Prior to the release of building permit, the applicant shall submit evidence of approval from the
Platte Valley Fire Protection District to the Weld County Building Department.
28. If more than one acre is to be disturbed, a Grading Permit will be required prior to the start of
construction. A Grading Permit application must contain: an erosion and sediment control plan, a
grading plan, installation details of all Best Management Practices (BMPs) to be utilized, typical
installation and maintenance notes for all BMPs to be utilized, and a copy of the approved
CDPHE stormwater permit. (Department of Public Works)
29. 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)
30. 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)
31. 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)
32. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
33. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code.
34. 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 constructed as traffic control devices. (Department of
Planning Services)
35. The Screening on site shall be maintained in accordance with the approved Screening Plan.
(Department of Planning Services)
36. 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)
37. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Public Works)
38. The historical flow patterns and runoff 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)
39. 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.
USR12-0054, Bernal, Page 10
40. 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.
41. 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.
42. 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.
USR12-0054, Bernal, Page 11
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.
USR12-0054, Bernal, Page 12
i a t86t i DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
AIL SITE:www.co.weld.co.us
� � E-MAIL:: cgathmanan@co.weld.co.us
� PHONE: (970) 353-6100, Ext. 3537
C N FAX: (970)304-6498
r
October 23, 2012
BERNAL RANDE L
23462 CR 55
KERSEY, CO 80644
Subject: USR12-0054 - A Site Specific Development Plan and Use by Special Review Permit for a
Mineral Resource Development Facility including an Oil and Gas Support and Service Facility (parking,
staging and maintenance of oil and gas water service trucks) in the A (Agricultural)Zone District.
On parcel(s) of land described as:
PT SW4 SECTION 3, T4N, R64W LOT C REC EXEMPT RE 4461 of the 6th P.M., Weld County,
Dear Applicant:
I have scheduled a meeting with the Weld County Planning Commission on November 6, 2012, at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on December 19,
2012 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,
^ 1 0 Digitally signed by Kristine Ranslem
IV•
Reason:I am the author of this document
/„ ` Location:1555 N 17th Ave
lll���ff9 I�L� Date:2012.10.2309:0333-06'00'
Chris Gathman
Planner
H N DEPARTMENT OF PLANNING SERVICES
t`y 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
�j. PHONE: (970) 353-6100, Ext. 3537
y C V T FAX: (970) 304-6498
August 10, 2012
RANDE BERNAL
23462 CR 55
KERSEY, CO 80644
Subject: USR12-0054 - A Site Specific Development Plan and Use by Special Review Permit for a
mineral resource development facility - an Oil and Gas Support and Service Facility (parking, staging
and maintenance of oil and gas water service trucks)in the A(Agricultural)Zone District.
On parcel(s) of land described as:
PT SW4 SECTION 3, T4N, R64W LOT C REC EXEMPT RE-4461 of the 6th P.M., Weld County,
Colorado.
Dear Applicant:
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:
Kersey at Phone Number 970-353-1681
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:l am the author of this document
Location:1555 N 17th Ave
Date:2012.08.10 09:47:02-06'00'
Chris Gathman
Planner
FIELD CHECK inspection dates: 10/25/2012
APPLICANT: Rande Bernal
CASE #: USR12-0054
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource
Development Facility including an Oil and Gas Support and Service (parking, staging and
maintenance of oil and gas water service trucks) in the A (Agricultural) Zone District.
LEGAL: Lot C of Recorded Exemption RE 4461; located in Part of the SW4 of Section 3, T4N,
R64W of the 6th PM, Weld County, Colorado
LOCATION: East of and adjacent to County Road 55 and approximately 1/4 mile north of County
Road 48.
PARCEL ID #: 105303300003
ACRES: +/- 18.82 acres
Zoning Land Use
N A N Single Family Residence/Dairy
E A E Agricultural
S A S Agricultural/Rural residences
W A W Agricultural
COMMENTS:
Existing Ag exempt building being utilized for the business.
-----
Chris Gathman - Planner Ill
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