HomeMy WebLinkAbout20123560.tiff EXHIBIT
BEFORE THE WELD COUNTY.COLORADO,PLANNING COMMISSION • _r
_a s.--
• RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISS
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 applicalion foe:
CASE NUMBER: USR12-0054
APPLICANT: RANDE BERNAL
PLANNER: CHRIS GATHMAN
REOUEST: 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 EACILItY(PARKING.STAGING AND
IWNTENM4CE OF OIL AND GAS WATER SERVICE TRUCKS) IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOTC REC EXEMPT RE-4461;PART SW4SF.CTION 3.T4N,R64W OF THE OTH
P.M.,WELD COUNTY.COLORADO.
LOCATION. EAST OF AND ADJACENT TO CR 55 AND APPROXIMATELY 1/4 MILE
NORTH OF CR 48.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are n compliance with the application requirements or Section 23-2-260 of
the Weld County Code.
2. It 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 234420.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.APolicy 7.2. states:'Conversion of agricultural land to nonurban
residential.commercial and industrial uses should be accommodated when tie subject siren
In an area that can support such development,and should attempt to be compatible with the
region'
Section 22-2-20 I.AGoal 9.States:'Reduce potential conflicts between varying lard uses in
the conversion of traditional agricultural lands to other land uses."
Section 22-2-20 1.3. A.Poliry 9.3. Stales: '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 surmunding
agricultural land.'
22.2400 A.Z.OG.Pollcy 1.2.states:"Oil o d 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 Oroeastern end of the property approximately 000-feetfrom County
Road SS.The Department of Planning Services is requiring a screening plan and Ightng 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.A2 of the Weld County Code allows oil and gas support and
soMce 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 writ be compatiblevAth the exiting
surrounding land uses.The use driveway is located approximately 400 feet south and the
shop/parking area is located approximately 650 feet from the nearest residence. Other
residences are located approximately%mile to the south and southeast of the site.An
existing dairy is located approximately Y.mile to the northwest.Agriarhural land is located to
the west and east of the site.
.A01:1—35(0
RESOLUTION USR12-0054
RANDE BERNAL
PAGE 2
• 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)
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.
The Planning Commission recommendation for approval is conditional upon the following:
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)
RESOLUTION USR12-0054
RANDE BERNAL
• PAGE 3
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)
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)(condition was met 11/6/12)
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).
RESOLUTION USR12-0054
RANDE BERNAL
PAGE 4
• 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)
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)
RESOLUTION USR12-0054
RANDE BERNAL
PAGE 5• 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). This digital file may be
sent to dhuerterco.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)
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)
Motion seconded by Benjamin Hansford.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
• Joyce Smock
Jordan Jemiola
Bret Elliott
RESOLUTION USR12-0054
RANDE BERNAL
• PAGE 6
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 November 6, 2012.
Dated the 6`h of November, 2012.
Digitally signed by Kristine
'!r nu`1G a YI. Ranslem
Date:2012.11.13 13:11:19-07'00'
Kristine Ranslem
Secretary
•
•
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)
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)
RESOLUTION USR12-0054
RANDE BERNAL
PAGE 8
• 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)
. We strongly encourage the
applicant-to-test their drinking water prior to consumption and periodically test it over time.
23. In the event the facility's water system serves more than 25 persons on a daily basis the water system
shall comply with the Colorado Primary Drinking Water Regulations(5 CCR 1003-1). Evidence shall
be provided to the Weld County Department of Public Health and Environment that the system
complies with the Regulations. (Department of Public Health and Environment)
23.4. 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)
245. 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)
256. 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)
RESOLUTION USR12-0054
RANDE BERNAL
PAGE 9
• 267. A plan review shall be approved and a permit must be issued prior to the start of construction.
(Department of Building Inspection)
278. 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.
289. 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)
2930. 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)
301. 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)
342. 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)
323. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240,Weld County Code.
334. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250,Weld County Code.
• 345. 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)
356. The Screening on site shall be maintained in accordance with the approved Screening Plan.
(Department of Planning Services)
367. 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)
378. Weld County is not responsible for the maintenance of onsite drainage related features.(Department
of Public Works)
389. 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)
3940. 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.
•
RESOLUTION USR12-0054
RANDE BERNAL
PAGE 10
• 401. 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.
41-2. 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.
423. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks,including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views,spaciousness,wildlife,lack of city noise and congestion,and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads;dust from animal pens,field work, harvest and gravel roads;odor from
animal confinement,silage and manure;smoke from ditch burning;flies and mosquitoes;hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
•
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved"out of the way"of residential development.
When moving to the County,property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000)square miles in size(twice
the size of the State of Delaware)with more than three thousand seven hundred(3,700)miles of state
and county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County,and the distances which must be traveled may delay all emergency responses,including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Services in rural areas, in many cases,will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment,ponds and irrigation ditches,electrical power for pumps and center
pivot operations,high speed traffic,sandburs,puncture vines,territorial farm dogs and livestock,and
•
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
PC mu1Lcfc ; 17Lc/I
• Nathan Keiser,Anadarko Petroleum,109918"Street,Denver CO,stated that they ere proposing a 5,5 acre
water storage pond that will hold 60 acre feet of water. Water from this location will be piped to tile individual
drilling and well sites.They oslJmatetwtthis project v45 reduce truck traffic between 500 and 900 round trip
truck trips per well.Additionally.Mr.Keiser said that they inherited the buildings on site and intends to secure
the existing buildings and residence on site as well as the removal of the mobile homes.
Commissioner Grand Inquired how the water will be pumped into the pond. He clarified if t will be trucked in.
Dave Hertel,Anadarko Petmleum,109918"Street,Denver,CO,stated that they have purchasedwater from
the City of Aurora and are currently looking at sites to drill water wells. The water will be piped into the pond
and no trucks mil be hauling water to the site.
Commissioner Smock noted in the application it states that they are proposing a 4 acre water storage pond
with an estimated 30 acre feet of water and asked if they have amended their request. Mr.Hertel said that is
correct and added that they have increased their voter storage.
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 they are in agreement with those. The applicant replied that he is in agreement.
Motion: Forward Case USR12.0051 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval,Mend by Robed Grand.Seconded by Benjamin Hanskxd.
Vote:Motion carded by unanimous roll call vote(summary:Yes=7).
• Yes:Benjamin Hanford.Jason Maxey.Jordan Jemiola,Joyce Smock.Mark Lawley.Nick Berryman,Robert
Grand.
CASE NUMBER: USR12-0054
APPLICANT: RANDE BERNAL
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AMINERAL 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,
LEGAL DESCRIPTION: LOT C REC EXEMPT RE-M61;PART SW4 SECTION 3,T4N,R64W OF THE 6TH
P.M,;WELD COUNTY,COLORADO.
LOCATION. FAST OF AND ADJACENT TO CR 65 AND APPROXIMATELY 1/4 MILE
NORTH OF CR48.
Chris Gathman, Planning Services, presented Case USR12-0054. 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 an the existing traffic,access and drainage conditions and requirements
of the site.
Mary Even.Environmental Health,reviewed the public water and sanitary sewer requirements,on-s4e dust
control,and the Waste Handling Plan. Ms.Evett slated that Condition of Approval 1.E has been met and
recommended deleting Development Standards 17 and 22 as they are included in DevelopmentStandard IS.
In addition,Ms.Even read into record a new development standard that needs to be added in the event the
facility's water system serves more than 25 persons on a daily basis the water system shall comply with the
Colorado Primary Drinking Water Regulations(5 CCR 1003-1). Evidence shall be provided to the Weld
• County DepartnneM of Public health and Environment that the system complies with the Regulations.'
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• Motion: Delete Development Standards 17 and 22, Moved by Robert Grand, Seconded by Benjamin
Hansford.
Motion passed unanimously.
Motion: Add Development Standard as read into record by staff and renumber accordingly, Moved by Robert
Grand, Seconded by Benjamin Hansford.
Motion passed unanimously.
James Bernal, Integrity Trucking, 23466 CR 55, Kersey, CO, stated that they are a support company that
hauls water to the oil and gas industry. They operate 24 hours with 2 shifts per day.
Commissioner Maxey clarified how many employees will utilize the site. Mr. Bernal said that they currently
have 25 but would like to have up to 30 employees.
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 they are in agreement with those. The applicant replied that he is in agreement.
Motion: Forward Case USR12-0054 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Robert Grand, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Benjamin Hansford, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman, Robert Grand.
• CASE NUMBER: USR12-0060
APPLICANT: JANA BIRDWELL & SHIRLEY DAHL
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A KENNEL (40 DOG NON-PROFIT RESCUE AND BOARDING
KENNEL FOR AN UNSPECIFIED BREED) IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE-4328; PART N2NW4SE4 SECTION 21, T2N, R64W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: 0.25 MILES WEST OF CR 55, 0.5 MILES SOUTH OF CR 20.
Kim Ogle, Planning Services, presented Case USR12-0060, 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. Mr. Ogle stated that four (4) letters were received from
surrounding property owners with concerns including temperament and health of the rescued dogs, safety of
adjacent property owners, 24/7 day a week operation of the facility, devaluation of property, continual dog
barking, dog at-large issues, dust issues on the County Road 55, safety to livestock, and luring of coyotes.
Heidi Hansen, Public Works, reported on the existing traffic, access and drainage conditions and requirements
of the site. The access is a recorded access easement and the applicants have obtained permission to use
this access for their proposed use.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site dust
control, and the Waste Handling Plan.
Shirley Dahl, 8759 CR 55, Keenesburg, CO stated that they are proposing a 40 kennel for potential expansion;
however they do not intend to have that many dogs on site. Currently they have 16 dog runs. They intend to
fence the entire perimeter of the property with an additional 6.5 foot gaming fence surrounding the dog areas.
Ms. Dahl understands the barking issue and will do the best they can to control noise. She added that this is
• not a money making process; but rather a heartfelt project. There may be up to two (2) part-time employees
with maybe some volunteer assistance.
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