HomeMy WebLinkAbout20122428.tiff •
EXHIBIT
II A
11512.1?- 40030
• BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Robert Grand,that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR12-0030
APPLICANT: ALEX PLATT
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
AN OIL AND GAS SUPPORT FACILITY (ROUST-A-BOUT AND EXCAVATING
SERVICE) IN THE A(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION: LOT A REC EXEMPT RE-4583; PART OF SECTION 26,T3N, R65W OF THE 6TH
P.M.,WELD COUNTY, COLORADO
LOCATION: SOUTH OF AND ADJACENT TO CR 30;WEST OF CR 47.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect. Section 23-2-220.A.2. A.Policy 7.2.
• Conversion of agricultural land to nonurban residential, commercial and industrial uses
should be accommodated when the subject site is in an area that can support such
development, and should attempt to be compatible with the region The roust-a-bout and
excavating service facility is presently in operation on site and is located in an area that
allows good access to the oil field. Further, Section 22-2-100.E. C.Goal 5. States"Minimize
the incompatibilities that occur between commercial uses and surrounding properties." The
Department of Planning Services is requesting a Screening Plan for the facility addressing
the outside storage component from public rights of way and adjacent properties. Lands
surrounding this facility are in pastureland for the grazing of livestock with limited residential
development, primarily to the east of this property, with the closest residence being
approximately 160 feet east of the property line.
Section 22-2-20.B.2 A.Policy 2.2 states: "Allow commercial and industrial uses, which are
directly related to or dependent upon agriculture,to locate within agricultural areas when the
impact to surrounding properties is minimal or mitigated and where adequate services and
infrastructure are currently available or reasonably obtainable. These commercial uses
should be encouraged to locate in areas that minimize the removal of agricultural land from
production." The site is Lot A of a Recorded Exemption, RE-4583 which consists of 10.79
acres with historic use encumbrances.The surrounding properties are primarily grazing lands
with limited residential development primarily to the East. The applicant is proposing an on-
site septic system and the water will be provided by an individual domestic well. The existing
residence on the property is also served by an individual sewage disposal system (SP-
0500267)and is permitted for 3 bedrooms or 6 persons. In the event the applicant intends to
utilize the existing septic system at the home, for employee use, the septic system shall be
reviewed by a Colorado Registered Professional Engineer. The applicant has a domestic
well permit no. 284299 that serves the existing residence and property. This well may not be
used for any of the business operations unless the well is re-permitted per the Colorado
Division of Water Resources requirements as stated in their referral dated June 6, 2012.
•
Environmental Health Services has reviewed this proposal for an oil and gas support facility
including roustabout and excavating services. Based on the application, there is an existing
shop building on the property that is for personal use only, and will not be used for the
• RESOLUTION USR12-0030
ALEX PLATT
PAGE 2
business operations. There will be up to 25 employees accessing the site. According to the
applicant,the facility will mainly be used for storage of equipment,and employees will access
the site to pick up and return vehicles and equipment. There will be no full-time or part-time
employees stationed at the site.
The following section is from Environmental Health Services, Weld County Department of
Public Health & Environment, Septic Policies.
It is the policy of the Department of Environmental Health that portable toilets are allowed
when employees or contractors are on site for less than 2 consecutive hours a day. As
personnel will be on site for a short duration, in accordance with Environmental Health
Services policy the use of portable toilets is allowed.
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 provides for Oil and Gas Support
and Service as a Use by Special Review in the A (Agricultural) Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses. The property currently is in violation, case number
ZCV11-00089 for the operation of an oil and gas roust-a-bout and excavating business
without first completing the necessary Weld County Zoning Permits, and also has an
active violation case in County Court(11-C-694).
• Mr. Platt has agreed to an Amended Stipulated Agreement which is recognized by the
court which delineates the following timelines:
• The Defendant will do everything possible within his ability to ensure a hearing is
conducted by the Planning Commission by August 7, 2012.
• The Defendant will do everything possible within his ability to ensure a hearing is
conducted by the Board of County Commissioners by August 22, 2012.
• The Defendant will complete all Conditions of Approval and have a final plat
submitted to the Department of Planning Services by December 21, 2012.
• Defendant agrees to contact the Zoning Compliance Officer assigned to this
case to arrange an inspection of the property at least six (6) days prior to the
review date set by the Court.
His review date in County Court is set for January 7, 2013 at 9:30 AM in Division C.
Assuming he has complied with the above terms of his Amended Stipulated Agreement,
this date will be vacated and the violation case closed.
The initial complaint was received on May 13, 2011. Due to records release case law we
no longer track complainant information; however,our internal policy is that violations are
no longer initiated due to staff complaint.
If the application is approved and all conditions of approval met, and the plat is recorded,the
violation will be corrected. If the application is denied, or the conditions of approval are not
met,the commercial business and storage shall be removed from the property within 30 days
or the Violation case will proceed accordingly through the Court process. The site is
bordered by agricultural uses, which are predominately pasture with sparsely populated
• residential development.
• RESOLUTION USR12-0030
ALEX PLATT
PAGE 3
There are ten (10) property owners on ten (10) parcels within 500 feet of this proposed
facility. There are three (3) residences on three (3) parcels within 1000 feet of the facility,
and in the general the nearest residence approximately 450 feet to the East from the existing
shop. There has been one letter from an adjacent property owner and at least one telephone
call from adjacent neighbors with concerns of the current site operations for this property and
the proposed expansion of use. Development Standards and Conditions of Approval will
ensure that this use will be compatible 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 not located within three miles of a municipality or County.
E. Section 23-2-220.A.5 --The site does not lie within any Overlay Districts.
Effective April 25,2011, Building Permits issued will be required to adhere to the fee structure
of the Weld County Road Impact Program. (Ordinance 2011-2). (Department of Planning
Services)
Effective April 25,2011, Building Permits issued 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)
F. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime
agricultural land for the proposed use. The U.S.D.A. Soils Maps of Prime Farmlands of
Weld County dated 1979 designated the soils on this property"other", however,given that the
10.79 acre parcel contains the existing improvements, the applicant is utilizing the property
for the highest and best use.
G. Section 23-2-220.A.7 -- 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 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 Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The plat shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of
Planning Services)
B. All sheets of the plat shall be labeled USR12-0030. (Department of Planning Services)
C. The plat shall be amended to delineate the following:
• 1) The attached Development Standards. (Department of Planning Services)
• RESOLUTION USR12-0030
ALEX PLATT
PAGE 4
2) 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)
3) County Road 30 is designated on the Weld County Road Classification Plan as a
collector road, which requires 80 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way.An additional ten(10)feet shall be delineated on the
plat as future County Road 30 right-of-way.All setbacks shall be measured from the
edge of future right-of-way. The applicant shall verify the existing right-of-way and
the documents creating the 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)
4) Please delineate the Water Quality Depression for this site. The area can be an
existing on-site low point that will capture the stormwater and hold any contaminants
on-site or it can be a shallow (1-2 feet deep) depression dug downstream of the
parking and storage area and labeled as a"No Build or Storage Area". The water
quality feature must be sized to contain approximately 610 cubic feet of water.
(Department of Public Works)
5) All parking for this site must be off street and internal and delineated on the plot plan
• map. Each parking space shall be equipped with wheel guards or curb blocks to
prevent vehicles from coming into contact with walls or other structures. (Department
of Planning Services)
6) The application materials did not include a Lighting Plan. Should exterior lighting be
a part of this facility, all light standards shall be delineated on the USR Plat.
(Department of Planning Services)
7) The application materials did not include a Sign Plan. Should exterior signage be a
part of this facility, all signs shall be delineated on the USR Plat. (Department of
Planning Services)
8) The applicant shall show the approved accesses on the plat and label it with the
approved access permit number, AP12-00192. (Department of Public Works)
D. The applicant shall address the requirements (concerns) of Colorado Division of Water
Resources, as stated in the referral response dated June 6,2012. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Colorado Division
of Water Resources)
E. 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)
F. 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)
• G. The applicant shall address the requirements (concerns) of Weld County Department of
Building inspection, specifically address the change of use for each structure located on the
property, as stated in the referral response dated June 13, 2012. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Building Inspection)
• RESOLUTION USR12-0030
ALEX PLATT
PAGE 5
H. The applicant shall address the requirements (concerns) of Weld County Department of
Environmental Health, specifically address:
1. The applicant shall submit a revised dust abatement plan to include the proposed
water source to be used for dust control,to the Environmental Health Services,Weld
County Department of Public Health&Environment. (Department of Public Health&
Environment)
2. In accordance with the Underground and Above Ground Storage Tank Regulations
(7 CCR 1101-14) a spillage retention berm shall be constructed around the tank
battery. 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.
(Department of Public Health & Environment)
3. 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 & Environment)
4. 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 & Environment)
5. 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:
A. A list of the type and volume of chemicals expected to be stored on site.
(Department of Public Health & Environment)
The applicant shall submit a Lighting Plan to the Department of Planning Services for review
and approval. With approval,the Lighting Plan information shall be graphically delineated on
the USR Plat. (Department of Planning Services)
J. The applicant shall enter into an Improvements agreement to cover on-site and off-site
improvements and road maintenance. Evidence of Department of Public Works approval
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Public Works and Planning Services)
K. The applicant shall submit three(3) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
2. Upon completion of 1. above 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)
• RESOLUTION USR12-0030
ALEX PLATT
PAGE 6
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 mapsaco.weld.co.us. (Department of Planning Services)
4. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005, should the plat not
be recorded within the required one hundred twenty (120) days from the date the Board of County
Commissioners approval was signed a$50.00 recording continuance charge may be added for each
additional 3 month period. (Department of Planning Services)
5. Prior to the Release of Building Permits:
A. A building permit will be required for any buildings associated with roust-a-bout and
excavation services. (Department of Building Inspection)
B. A building permit application must be completed and two complete sets of plans including
engineered foundation plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. (Department of Building Inspection)
C. A geotechnical engineering report performed by a registered State of Colorado engineer shall
be required. (Department of Building Inspection)
• D. 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
possibly a structural analysis by a professional engineer will be required. (Department of
Building Inspection)
E. 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)
F. A plan review shall be approved and a permit must be issued prior to the start of
construction. (Department of Building Inspection)
G. All building plans shall be submitted to the Platteville Fire Protection District for review and
approval prior to issue of building permits, (Department of Building Inspection)
H. Provide evidence to the Weld County Department of Public Health&Environment that a well
has been appropriately permitted and installed to provide for potable water and sanitary use
for the facility. (Department of Planning Services)
Motion seconded by Bill Hall.
•
• RESOLUTION USR12-0030
ALEX PLATT
PAGE 7
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
Joyce Smock
Jordan Jemiola
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
• Colorado, adopted on August 7, 2012.
Dated the 7th of August, 2012.
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
• SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
(Alex Platt)
USR12-0030
1. The Site Specific Development Plan and Special Review Permit for a Mineral Resource Development
Facility including an Oil and Gas Support Facility (roust-a-bout and excavating service) in the A
(Agricultural) Zone District, as indicated in the application materials on file 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. 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)
4. 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)
5. 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)
6. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
•
(Department of Public Health and Environment)
7. The applicant shall comply with all provisions of the State Underground and Above Ground Storage
Tank Regulations. (Department of Public Health and Environment)
8. 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)
9. 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 and
Environment)
10. 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 irr accordance with Environmental
Health Policy-2.2,K. as attached for employees or contractors that are on site for less than 2
consecutive hours per day. (Department of Public Health and Environment)
11. In the event the domestic well(Permit No. 284299)on the property is used for the business operations,
the well shall be re-permitted for commercial use per the Colorado Division of Water Resources
requirements in their referral, dated June 6, 2012. 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)
12. 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)
• RESOLUTION USR12-0030
ALEX PLATT
PAGE 9
13. In the event the applicant intends to utilize the existing septic system at the home,for employee use,the
septic system shall be reviewed by a Colorado Registered Professional Engineer. The review shall
consist of observation of the system and a technical review describing the system's ability to handle the
proposed hydraulic load.The review shall be submitted to the Environmental Health Services Division of
the Weld County Department of Public Health and Environment. In the event the system is found to be
inadequately sized or constructed the system shall be brought into compliance with current Regulations.
(Department of Public Health and Environment)
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. The Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times.
(Department of Public Health and Environment)
16. 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)
17. Access to the site shall be from County Road 30 at the location as designated by the approved Access
Permit. (Department of Public Works)
18. The off-street parking spaces including the access drive shall be surfaced with gravel,asphalt,concrete
• or the equivalent and shall be graded to prevent drainage problems. Utilize the existing access and
departure points. (Department of Public Works)
19. The historical flow patterns and run-off amounts will be maintained on site in such a manner that 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)
20. Weld County shall not be responsible for the maintenance of onsite drainage related facilities.
(Department of Public Works)
21. 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)
22. There shall be no parking or staging of vehicles on the County Road. Use the on-site parking area.
(Department of Public Works)
23. In the event that 1 or more acres are disturbed during the construction and development of the site,the
applicant shall obtain a stormwater discharge permit from the Water Quality Control Division of the
Colorado Department of Public Health and Environment. (Department of Public Works)
24. If more than one acre is to be disturbed, a grading permit will be required prior to the start of
construction. The grading permit application must contain: an erosion and sediment control plan; a
grading plan; installation details of all BMPs to be utilized, typical installation and maintenance notes for
• all BMPs to be utilized, and a copy of the approved Colorado Department of Public Health and
Environment stormwater permit. (Department of Public Works)
RESOLUTION USR12-0030
ALEX PLATT
PAGE 10
25. All structures shall require building permits. (Department of Building Inspection)
26. Any lighting, including light from high temperature processes such as welding or combustion, shall be
designed, located and operated in such as 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; 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; and no colored lights may be used which may be confused with or
construed as traffic control devices. (Department of Planning Services)
27. Hours of operation are 24 hours/7 days a week. (Department of Planning Services)
28. The number of employees associated with this facility is limited to twenty-five (25) persons.
(Department of Planning Services)
29. There are no full time or part time employees stationed on site. (Department of Planning Services)
30. Effective April 25, 2011, Building Permits issued will be required to adhere to the fee structure of the
Weld County Road Impact Program. (Ordinance 2011-2). (Department of Planning Services)
31. Effective April 25, 2011, Building Permits issued 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)
32. 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)
33. 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)
34. 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)
35. Personnel from Weld County Government 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 Development Standards
stated herein and all applicable Weld County regulations. (Department of Planning Services)
36. 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)
37. 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)
•
RESOLUTION USR12-0030
ALEX PLATT
PAGE 11
38. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States,typically ranking in the top ten counties in the country in total market value
of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than
in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural
areas: open views, spaciousness,wildlife, lack of city noise and congestion,and the rural atmosphere
and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld
County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities
will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles
on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement,silage and manure; smoke from ditch burning;flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in
the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize
an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural
and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall
not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with agricultural production.
• Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way"of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand(4,000)square miles in size(twice the
size of the State of Delaware)with more than three thousand seven hundred(3,700)miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of the
County, and the distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave
their jobs and families to respond to emergencies. County gravel roads, no matter how often they are
bladed,will not provide the same kind of surface expected from a paved road. Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm. Services in rural areas, in many cases,will not be equivalent to municipal services. Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood.
•
S/7/iz
PC m ( nufps
• Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR12-0040 to the Board of County Commissioners along with the Conditions
of Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Benjamin Hansford, Seconded by Joyce Smock.
Vote: Motion carried by unanimous roll call vote(summary: Yes= 7).
Yes: Benjamin Hansford, Bill Hall, Jason Maxey, Jordan Jemiola, Joyce Smock, Nick Berryman, Robert
Grand.
CASE NUMBER: USR12-0036
APPLICANT: ROBERT AND MARIANNE ROHN,CIO STERLING ENERGY INVESTMENTS,LLC
PLANNER: KIM OGLE
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 SERVICES FACILITY(TWO COMPRESSORS
AND ASSOCIATED EQUIPMENT AND STRUCTURES) IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: S2NW4 & N2S2 SECTION 1, T9N, R60W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 108 SECTION LINE; EAST OF CR 107.
ID* Kim Ogle, Planning Services, presented Case USR12-0036, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards.
Heidi Hansen, Public Works, reported on the existing traffic, access and drainage conditions and
requirements of the site. They have no concerns with this request.
• I' Lauren Light,Environmental Health,reviewed the public water and sanitary sewer requirements,on-site
dust control, and the Waste Handling Plan. In addition, Ms. Light recommended amending Development
Standard 8 to read"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 for employees or contractors
that are on site for less than 2 consecutive hours per day."
Motion:Amend Development Standard 8 as stated by Staff,Moved by Robert Grand,Seconded by Bill Hall.
Motion passed unanimously.
Stuart Asselin, Sterling Energy Investments, stated that this is a proposed compressor station on the
pipeline permitted under USR12-0026.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The Chair asked the applicant if he read through the amended Development Standards and Conditions of
Approval and if he is in agreement with those. The applicant replied that he is in agreement.
III' Motion: Forward Case USR12-0036 to the Board of County Commissioners along with the Conditions
of Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Joyce Smock, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes =7).
Yes: Benjamin Hansford, Bill Hall, Jason Maxey, Jordan Jemiola, Joyce Smock, Nick Berryman, Robert
Grand.
• D' CASE NUMBER: USR12-0030
APPLICANT: ALEX PLATT
y •
- y 6
0 "` V 9, , 3
• PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
AN OIL AND GAS SUPPORT FACILITY (ROUST-A-BOUT AND EXCAVATING
SERVICE) IN THE A(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION: LOT A REC EXEMPT RE-4583;PART OF SECTION 26,T3N, R65W OF THE 6TH
P.M.,WELD COUNTY, COLORADO
LOCATION: SOUTH OF AND ADJACENT TO CR 30;WEST OF CR 47.
DP Kim Ogle, Planning Services, presented Case USR12-0030, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards. In addition, Public Works and
Environmental Health presented their reports and stated that they have no concerns with this request.
► Heidi Hansen, Public Works, reported on the existing traffic, access and drainage conditions and
requirements of the site. They have no concerns with this request.
Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements,on-site
dust control, and the Waste Handling Plan. In addition, Ms. Evett recommended amending Development
Standard 10 to read"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 for employees or contractors
that are on site for less than 2 consecutive hours per day."
Motion: Amend Development Standard 10 as stated by Staff, Moved by Bill Hall, Seconded by Benjamin
Hansford.
Motion passed unanimously.
I► Alex Platt, 22670 CR 30, Hudson, Colorado, stated that he operates a roust-a-bout and excavating
• service.
Commissioner Berryman asked if Mr. Platt has had conversations with the landowners in opposition,
addressing the concerns raised in their letter specific to outdoor storage and the exterior light. Mr. Platt said
that he has not talked to the neighbors but he installed a 6.5 foot cedar fence to screen the outdoor storage.
He wasn't aware of the security light being a problem but offered to turn it off.
With regard to shooting guns, Mr. Platt stated that they shoot their guns for pleasure but thought they had that
right on their property.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
James Grace, 22972 CR 30, Hudson, Colorado, stated that the new fence has helped. He added that they
purchased their property in February 2012 and there wasn't much equipment on the property but it has
increased since then. Mr. Grace said that there is a pasture between his house and Mr. Platt's access road
and is concerned that there would be equipment storage there;however according to Mr.Platt there won't be
any storage there. He requested that the security light shines down so it does not shine in their bedroom. In
addition,there are trucks that drive the oil and gas access and then go down County Road 47 and it stirs up
the dust.
Mr. Platt said that he would shield the security light or turn it off. He added that the trucks Mr. Grace is
referring to is Noble Energy's traffic. In addition, there will be no equipment parked on the east side of the
access road.
The Chair asked the applicant if he read through the amended Development Standards and Conditions of
Approval and if he is in agreement with those. The applicant replied that he is in agreement.
• Motion: Forward Case USR12-0030 to the Board of County Commissioners along with the amended
7
• Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Robert Grand, Seconded by Bill Hall.
Vote: Motion carried by unanimous roll call vote(summary: Yes= 7).
Yes: Benjamin Hansford, Bill Hall, Jason Maxey, Jordan Jemiola, Joyce Smock, Nick Berryman, Robert
Grand.
Commissioner Grand commented that it is always good to be a good neighbor and commended Mr. Platt in
being a good neighbor.
Commissioner Maxey echoed Mr. Grand's comments.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. No one had
any further business to discuss. Commissioner Grand asked what the policy is with regard to recognizing past
Planning Commission members for their service. Ms.Ranslem said that they will be recognized on Monday,
August 13'"at the Board of County Commissioners hearing at 9:00 am for their service.
Meeting adjourned at 3:55 pm.
Respectfully submitted,
(�, ?, Digitally signed by Kristine Ranslem
9' I ibei w y�Gt/1O(1G/YL Location:1555 N 17th Ave
Date:2012.08.1015:48:10-06'00'
Kristine Ranslem
Secretary
•
•
8
Hello