HomeMy WebLinkAbout20123199.tiff EXHIBIT
I
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION a
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIO
• passage by the Weld County Planning
by Robert Grand, that the following resolution be introduced for pass g
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR12-0053
APPLICANT: FRANCISCO RAMIREZ
PLANNER: KIM OGLE
REQUEST: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A
MINERAL RESOURCE DEVELOPMENT FACILITIY INCLUDING 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-2263; PART SE4 SECTION 9, T2N, R66W OF THE 6TH
P.M., WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 31 , NORTH OF AND ADJACENT TO CR 22.
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. 1 . A.Policy 7. 1 . states
"County land use regulations should support commercial and industrial uses that are directly
related to, or dependent upon, agriculture, to locate within the agricultural areas, when the
impact to surrounding properties is minimal, or can be mitigated, and where adequate
services are currently available or reasonably obtainable." 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
entire business is screened from public rights of way and adjacent properties. Lands
surrounding this facility are in pastureland for the grazing of livestock and/ or are utilized for
oil and gas production.
B. 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-2263 which consists of 10 acres
with historic use encumbrances. The U .S.D.A. Soils Maps of Prime Farmlands of Weld
County dated 1979 indicate that the soils on this property as "other". There is no irrigation
water associated with the parcel. The surrounding properties are primarily grazing lands
with sparsely located single family homes, oil and gas facilities and an overhead transmission
line corridor adjacent to the east property line. There is a domestic well (Permit No. 173128)
that serves the existing residence on the property, and the use of the well is restricted to
ordinary household purposes. This well shall not be used for any of the business operations
unless the well is re-permitted through the Colorado Division of Water Resources. The
existing residence on the property is also served by an individual sewage disposal system
(SP-9900307) and is permitted for 5 bedrooms or 10 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 Division of Water Resources in their referral dated August 3, 2012 stated Well permit no.
173128, located on the lot, was issued on September 24, 1993 for household purposes,
• the watering of domestic animals and the irrigation of not more than one (1 ) acre of home
gardens and lawns. Production is limited to the Laramie-Fox Hills aquifer, which is
considered nontributary at this location. The permit was issued pursuant to CRS
RESOLUTION USR12-0053
FRANCISCO RAMIREZ
PAGE 2
• 37-92-602(3)(b)(II)as the only well on a parcel of 40 acres described as the SE1/4 of the
SE1/4 of Section 9. Subsequently,the lot was divided and the current parcel size is 10
acres. Therefore, the parcel on which the well is located is smaller than the parcel that
was considered when issuing the original well permit. The Division of Water Resources
recommends that the well with permit no. 173128 be re-permitted consistent with the size
of the parcel on which it is located and consistent with the proposed uses. The applicant
indicates that this will be an unmanned facility, as such portable toilets and bottled
water will be utilized as employees or contractors are on site for less than 2 consecutive
hours a day.
C. 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.
D. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. 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; however, is in the process of being forwarded to the County
Attorney's Office for legal action.
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 site is bordered by agricultural uses, which are predominately pasture with sparsely
populated residential development. There are five(5)property owners on(4)parcels within
500 feet of this proposed facility. There are three residences within 1200 feet of the facility,
and in the general the nearest residence approximately 930 feet to the southwest from the
Ramirez residence. There have been no letters or electronic mail received and no telephone
calls received for this land use proposal. Development Standards and Conditions of Approval
will ensure that this use will be compatible with surrounding land uses.
E. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within three miles of the City of Fort Lupton. The City
returned a referral dated August 13,2012 indicating a request to discuss the opportunity for
annexation with the property owner.
F. Section 23-2-220.A.5--The site does not lie within any Overlay Districts.
Effective April 25, 2011, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2).
(Department of Planning Services)
Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance
2011-2) (Department of Planning Services)
G. 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
acre parcel contains the improvements from the historic use, the applicant is utilizing the
property for the highest and best use.
RESOLUTION USR12-0053
FRANCISCO RAMIREZ
PAGE 3
• H. 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 USR12-0053 (Department of Planning Services)
C. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
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 22 is designated on the Weld County Road Classification Plan as a
•
arterial road, which requires 140 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way.An additional forty(40)feet shall be delineated on
the plat as future County Road 22 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) County Road 31 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. 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)
5) Please delineate the retention and drainage facilities to be within a drainage
easement which has been described on the plat and labeled as a "No Build or
Storage Area". (Department of Public Works)
6) 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)
7) 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)
• 8) Show and label the approved access point on the plat with the Access Permit
Number(will be provided). (Department of Public Works)
RESOLUTION USR12-0053
FRANCISCO RAMIREZ
• PAGE 4
D. The applicant must address the requirements (concerns) of Colorado Division of Water
Resources,as stated in the referral response dated August 3,2012. 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 location information shall be graphically delineated on the
USR Plat. (Department of Planning Services)
G. The applicant must address the requirements (concerns) of Weld County Department of
Environmental Health, specifically address:
1) 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:
2) The waste handler and facility where the waste will be disposed(including the facility
name,address,and phone number),as stated in the referral response dated August
29, 2012. (Department of Public Health and Environment)
H. 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)
• E. The applicant shall enter into an Improvements and Road Maintenance Agreement to cover
on-site improvements, including fencing to screen the outdoor storage components from a
public right-of-way and adjacent properties.. Evidence of asuch shall be submitted in writing
to the Weld County Department of Planning Services. (Department of Public Works and
Planning Services)
2. 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)
3. 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 Planning Commissioners resolution. The applicant shall be responsible for paying the recording
fee. (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 application was
signed a$50.00 recording continuance charge may be added for each additional 3 month period.
5. 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 dhuerter(@co.weld.co.us. (Department of Planning Services)
• 6. 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)
RESOLUTION USR12-0053
FRANCISCO RAMIREZ
• PAGE 5
7. Prior to the Release of Building Permits:
A. A Certificate of Occupancy is required to be obtained before the proposed use of the building
is occupied. (Department of Building Inspection)
B. An application and building permit is required for each structure that is constructed or has a
change of use. A plan review is required for each building or structure for which a building
permit is required. Two complete sets of plans are required when applying for each permit.
Include a Code Analysis Data sheet for the Weld County Building Department for each
structure that requires a permit.Submittal plans shall include a floor plan showing the specific
uses of each area for the building. Plans shall bear the wet stamp of a Colorado Licensed
Architect or Engineer. (Department of Building Inspection)
C. Buildings 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; 2011 National Electrical Code; 2006 International Mechanical Code; 2006
International Plumbing Code: 2006 International Energy Code;2006 International Fuel Gas
Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
D. All building plans shall be submitted to the Fort Lupton Fire Protection District for review and
approval prior to issue of building permits, (Department of Building Inspection)
E. A building permit shall be obtained prior to the construction of any new building.(Department
of Building Inspection)
F. Construction of a new building is proposed. Building permits shall be obtained prior to
•
starting. A plan review is required for each building or structure for which a building permit is
required. Two complete sets of plans are required when applying for each permit. Include a
Code Analysis Data sheet for the Weld County Building Department for each structure that
requires a permit.Submittal plans shall include a floor plan showing the specific uses of each
area for the building. Plans shall bear the wet stamp of a Colorado Licensed Architect or
Engineer(Department of Building Inspection)
G. Building height shall be measured in accordance with the 2006 International Building Code
for the purpose of determining the maximum building size and height for various uses and
types of construction and to determine compliance with the Bulk Requirements from Chapter
23 of the Weld County Code. Building height shall be measured in accordance with Chapter
23 of the Weld County Code in order to determine compliance with offset and setback
requirements. Offset and setback requirements are measured to the farthest projection from
the building. (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 Nick Berryman.
RESOLUTION USR12-0053
FRANCISCO RAMIREZ
• PAGE 6
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
Joyce Smock
Jordan Jemiola
Bret Elliott
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 October 16, 2012.
Dated the 161h of October, 2012.
• n Digitally signed by Kristine Ranslem
4/kith-nu f to ._ . / .� Location:1555 N 17th Ave
777 l��tLMIIKWWX��..X��� Date:2012.10.22 11:07:38-06'00'
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
• DEVELOPMENT STANDARDS
Francisco Ramirez dba APA CHE Field Services
USR12-0053
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.
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.
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.
6. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
7. 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.
• 8. 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.
9. Adequate drinking,hand washing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. Portable toilets and bottled water are allowed when employees or contractors are
on site for less than 2 consecutive hours a day. (Department of Public Health and Environment)
10. In the event the domestic well(Permit No. 173128)on the property is used for the business operations,
the well shall be re-permitted through the Colorado Division of Water Resources. 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 overtime. (Department of Public Health
and Environment)
11. 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)
12. 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)
13. 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)
14. Access to the site shall be from County Road 31 at the location as designated by the approved Access
Permit. (Department of Public Works)
RESOLUTION USR12-0053
FRANCISCO RAMIREZ
PAGE 8
• 15. The off-street parking spaces including the access drive shall be surfaced with gravel or the equivalent
and shall be graded to prevent drainage problems. Utilize the existing access and departure point.
(Department of Planning Services)
16. 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)
17. Weld County shall not be responsible for the maintenance of onsite drainage related facilities.
(Department of Public Works)
18. There shall be no parking or staging of vehicles on County Road 31 or County Road 22. (Department of
Public Works)
19. This site is not permitted for haul truck traffic. The addition of haul trucks would require an
Improvements and Road Maintenance Agreement with Weld County. (Department of Public Works)
20. All structures shall require building permits. (Department of Building Inspection)
21. 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)
• 22. Hours of operation, for the field crews are limited to 6:00 until 6:00PM Monday through Friday.
(Department of Planning Services)
23. The number of employees associated with this facility is limited to nine(9-)twenty-three(23)persons.
(Department of Planning Services)
24. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to the
fee structure of the Weld County Road Impact Program. (Ordinance 2011-2). (Department of Planning
Services)
25. Effective April 25,2011, Building Permits issued on the proposed lots,will be required to adhere to the
fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2)(Department of
Planning Services)
26. 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)
27. 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)
28. 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)
• 29. 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)
RESOLUTION USR12-0053
FRANCISCO RAMIREZ
• PAGE 9
30. 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)
31. 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)
32. 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)
33. 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.
•
RESOLUTION USR12-0053
FRANCISCO RAMIREZ
PAGE 10• 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.
•
•
OPOP
Motion: Forward Case USR12-0047 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 Bill Hall, Seconded by Mark Lawley.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Bill Hall, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman.
CASE NUMBER: USR12-0046
APPLICANT: NELSON RANCHES INC
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A
MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING OIL AND GAS
SUPPORT AND SERVICE (GAS PLANT) IN THE A (AGRICULTURAL) ZONE
DISTRICT
LEGAL DESCRIPTION: SUBDIVISION EXEMPTION SUBX11 -0009; LOCATED IN PART OF THE N112 OF
SECTION 18, T10N, R58W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 118 AND APPROXIMATELY 2.5 MILES
WEST OF CR 127.
Chris Gathman, Planning Services, presented Case USR12-0046, 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.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site dust
control, and the Waste Handling Plan.
Mike Brown, Whiting Oil and Gas, PO Box 847, Mills, Wyoming, stated that the gas plant was in operation
• since 1980. They were made aware that they needed a land use permit in the last year. So in addition, they
have added a staging area to the southern portion of the site.
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 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 USR12-0046 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 Jordan Jemiola, Seconded by Bill Hall.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Bill Hall, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman.
Robert Grand entered the meeting at 2: 19 pm.
CASE NUMBER: USR12-0053
APPLICANT: FRANCISCO RAMIREZ
PLANNER: KIM OGLE
REQUEST: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A
MINERAL RESOURCE DEVELOPMENT FACILITIY INCLUDING 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-2263; PART SE4 SECTION 9, T2N, R66W OF THE 6TH
P.M., WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 31 , NORTH OF AND ADJACENT TO CR 22.
• Kim Ogle, Planning Services, presented Case USR12-0053, reading the recommendation and comments into
EXHIBIT
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the record. The Department of Planning Services recommends approval of this application with the attached
• conditions of approval and development standards. Mr. Ogle read a letter provided by Mr. and Mrs. Gildea
into the record for the opposition to the request. A phone call from Mr. McPeek voiced concerns regarding an
increase in traffic.
Heidi Hansen,Public Works,reported on the existing traffic,access and drainage conditions and requirements
of the site.
Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site dust
control, and the Waste Handling Plan.
Stuart Gorton, Gorton Scott Engineering, 810 Half Measures Drive, Longmont, CO, said that the applicant
operates a roust-a-bout and excavation service and they intend to improve what is already there. He
requested that Development Standard 23 be amended to include up to 25 employees since he is already at 9
employees.
Motion:Amend Development Standard 23 to reflect 25 employees as requested, Moved by Robert Grand,
Seconded by Bill Hall.
Motion passed unanimously.
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 USR12-0053 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 Nick Berryman.
• Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bill Hall, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman, Robert Grand.
CASE NUMBER: USR12-0056
APPLICANT: LEONARD&TAMMIE BALL,CIO NOBLE ENERGY
PLANNER: CHRIS GATHMAN
REQUEST: 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(CRUDE OIL TRUCK UNLOADING AND
OIL POLISHING FACILITY,COMPRESSOR FACILITY,CENTRAL PROCESSING
FACILITY AND FUTURE WATER RECYCLING FACILITY) IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: E2 SECTION 25,TBN, R63W OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO STATE HWY 14 AND 1.5 MILES EAST OF CR 69.
Chris Gathman,Planning Services,said that the oil and pipe storage area was not included in the legal notice.
After speaking to the County Attorney's office it is their position that this case should be renoticed. Brad
Yatabe,County Attorney,said that they are of the opinion that the notice is insufficient for this case. He said
that the decision to continue is determined by the Planning Commission.
Mr.Jemiola noted that he serves on the Milliken Town Board of Trustees with Julie Cozad but believes that he
can make a fair and impartial judgment on this case.
In response to Commissioner Maxey's inquiry, Mr.Yatabe outlined the following options: 1)the PC can hear
only the noticed portion of the case,2)continue the case,or 3)hear the case including the additional item as
presented by the applicant.
Julie Cozad, Tetra Tech, 1900 South Sunset Street, Suite 1F, Longmont, CO, said that they feel that this
• project was adequately noticed. In the notice the request was for an oil and gas support facility with many
aspects of the site included in parenthesis. The pipe storage area was part of the application in the very
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