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HomeMy WebLinkAbout20120813.tiff INVENTORY OF ITEMS FOR CONSIDERATION • Applicant Dave's Oilfield Construction, LL Case Number USR11-0031 Submitted or Prepared Prior to At Hearing Hearing \"' 1 Staff Comments X Department of Planning Services Field Check Form X Letter to Applicant X Legal Notifications X 2 Application X Maps X Deed/Easement Certificate X v Surrounding Property/Mineral Owners X Utilities X 3 Referral List X Referrals without comment X Weld County Code Compliance, referral received 1/3/2012 X Weld County Sheriffs Office, referral received 1/24/2012 X • Platte Valley Fire Protection District, referral received 1/9/2012 X 4 Referrals with comments X Weld County Department of Public Works referral received 1/23/2012 X Weld County Department of Public Health and Environment referral dated X 1/24/2012 Weld County Department of Building Inspection referral received 12/29/2011 X West Greeley Soil Conservation District, referral received 12/28/2011 X Colorado Division of Water Resources, referral received 1/10/2012 X --5- Surrounding Property Owners/Mineral Owners - Letters ti// 6 PC Exhibits 6A Sign posting affidavit X 6B Letter received 2/24/2012 from AGPRO re: pending conditions of approval X -' 6C Letter dated 2/27/2012 from Molly Sommerville Buchanan, P.C. on behalf of Kerr- X McGee I hereby certify that the 15 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. • _ Chris Gathman Planner 7 (p, EXHIBIT J(U/rl-OO/� + rrlIcc� • LAND USE APPLICATION `c��Nrr -- SUMMARY SHEET Planner: C. Gathman Case Number: USR11-0031 Hearing Date: March 6, 2012 Applicant: Dave's Oilfield Construction, LLC C/O AGPROfessionals, LLC Address: 4350 Highway 66, Longmont, CO 80504 Site Address: 25728 County Road 40, LaSalle, CO 80645 Request: A Site Specific Development Plan and Use by Special Review Permit for an Oil and Gas Support and Service Facility (oil field roustabout and painting business) in the A (Agricultural) Zone District Legal Description: Lot D of RECX11-0055; located in part of the W2E2 of Section 32 Township 4 North Range 64 West of the 6th PM, Weld County, Colorado Location: South of and adjacent to County Road 40 & 1/4 mile west of County Road 53 Size of Parcel: 159.57 Acres Parcel Number: 105332000010 • POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: Without Comments: Weld County Sheriffs Office, Referral received 1/24/2012 Weld County Zoning Compliance, Referral received 1/3/2012 Platte Valley Fire Protection District, Referral received 1/9/2012 With Comments: Weld County Department of Public Works, Referral received 1/23/2012 Weld County Department of Public Health & Environment, Referral received 1/24/2012 Weld County Department of Building Inspection, Referral received 12/29/2011 West Greeley Soil Conservation District, Referral received 12/28/2011 Colorado Division of Water Resources, Referral received 1/10/2012 The following agencies have not responded: EXHIBIT Colorado Parks &Wildlife t Colorado Oil & Gas Commission I u5R-I I-0D31 • 2012-0813 USR11-0031, Dave's Oilfield Construction, LLC, Page 1 86 - � . r rl' L-.cgul'Y SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Planner: C. Gathman Case Number: USR11-0031 Hearing Date: March 6, 2012 Applicant: Dave's Oilfield Construction, LLC C/O AGPROfessionals, LLC Address: 4350 Highway 66, Longmont, CO 80504 Site Address: 25728 County Road 40, LaSalle, CO 80645 Request: A Site Specific Development Plan and Use by Special Review Permit for Oil and Gas Support and Service (oil field roustabout and painting business) in the A (Agricultural) Zone District. Legal Description: Lot D RECX11-0055; located in part of the W2E2 of Section 32 Township 4 North Range 64 West of the 6th PM, Weld County, Colorado Location: South of and adjacent to County Road 40 & 1/4 mile west of County Road 53. • Size of Parcel: 159.57 Acres Parcel Number: 105332000010 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-20 G.2. A.Policy 7.2. states: "Conversion of agricultural land to nonurban residential, commercial and industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region." Section 22-2-20 I. A.Goal 9. States: "Reduce potential conflicts between varying land uses in the conversion of traditional agricultural lands to other land uses." Section 22-2-20 1.3. A.Policy 9.3. States: "Consider mitigation techniques to address incompatibility issues. Encourage techniques and incentives, such as but not limited to clustered development and building envelopes, to minimize impacts on surrounding • agricultural land." USR11-0031, Dave's Oilfield Construction, LLC, Page 2 22-2-100 A.2. OG.Policy 1.2. states: "Oil and gas support facilities which do not rely on geology for locations should locate in commercial and industrial areas, when possible, • and should be subject to review in accordance with the appropriate sections of this Code." The proposed use is to be located on a turkey farm site that is no longer in operation. Roust-a-bout and painting operations will either be located within either existing or proposed buildings, however, the applicant is proposing outside storage of equipment, raw materials and finished product utilized. The Department of Planning Services is recommending that the storage area be screened from adjacent residences and county right-of-way. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the Agricultural (A) Zone District. Section 23-3-40.A.2 of the Weld County Code allows oil and gas support facilities as a Use by Special Review in the A(Agricultural) Zone District. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The proposed use is located on a turkey farm site that is no longer in operation. There are several turkey barns located on the property. Additionally, three (3) single family residences were originally located on this property and have been recently divided off from this USR site through the recorded exemption process. Three (3) other single family residences are located on the property to the east which is under common ownership with the USR parcel and was part of the original turkey farm operation as well. An irrigated agricultural parcel lies to the north. A mobile home is located on a property immediately to the west of the site adjacent to the northwest corner of the site. Remaining lands immediately to the west and south are unimproved with the exception of oil and gas production facilities (wells and wellheads, tank battery and associated equipment). • No phone calls, e-mails or correspondence has been received from surrounding property owners. The Department of Planning Services is requiring a screening plan as a condition of approval of this application to screen outdoor storage of equipment, materials and raw product from nearby residences and from the County Road. Additionally, several development standards are proposed (such as requiring the applicant to adhere to county noise requirements...) 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 not located within a 3-mile referral area of any municipality nor is it located within any existing Intergovernmental Agreement Area (IGA) of a municipality. E. Section 23-2-220.A.5 --The application complies with Article V of the Weld County Code. 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) USR11-0031, Dave's Oilfield Construction, LLC, Page 3 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 "Other Lands" according to the Prime and Important Farmlands Map of Larimer Counties. G. Section 23-2-220.A.7 — There is adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. The attached development standards and conditions of approval will ensure adequate provisions for the protection of health, safety and welfare of the inhabitants of the neighborhood and the County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. 1. Prior to Recording the Plat: A. The plat shall be amended to delineate the following: 1. All sheets of the plat shall be labeled USR11-0031 (Department of Planning Services) 2. Parking spaces (including ADA) spaces shall be indicated in accordance with Article VI, Division I, Appendix 23-A and Appendix 23-B of the Weld County Code. (Department of Planning Services) 3. The attached Development Standards. (Department of Planning Services) 4. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld • County Code. (Department of Planning Services) 5. The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. Areas used for storage or trash collection shall be screened from adjacent 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) 6. County Road 40 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) 7. The plat shall delineate the approved Screening Plan. (Department of Planning Services) 8. The plat shall delineate the approved lighting plan (if applicable). (Department of Planning Services) 9. Show the existing access point on the Plat and label it with the Access Permit number(will be provided). (Department of Public Works) • 10. Show adequate (minimum 60-foot) radiuses at the access point along with cattle guards for tracking control and a stop sign at the exit. (Department of Public Works) USR11-0031, Dave's Oilfield Construction, LLC, Page 4 11. Provide an enlarged detail view of the operations area with buildings, storage, and all parking clearly identified. (Department of Public Works)• 12. Provide revised Water Quality Feature calculations. Show the boundaries of the depression on the site plan and label it as "Water Quality — No Build or Storage Area" (Department of Public Works) 13. 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. (Department of Public Works) B. The applicant shall address the requirements (concerns) of Weld County Department of Building Inspection, as stated in the referral response dated December 29, 2011. (Department of Building Inspection) C. The applicant shall address the requirements of the Weld County Department of Public Works, as stated in the referral response dated January 23, 2012: Provide revised Water Quality Feature calculations for review and approval by the Department of Public Works. (Department of Public Works) D. In the event the applicant intends to utilize the existing septic system at the home, for business 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) E. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application from the Air Pollution Control Division, Colorado Department of Health and Environment, if applicable. Alternately, the applicant can provide evidence from the APCD that they are not subject to these requirements. (Department of Environmental Health) F. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V Injection Well permit from the Environmental Protection Agency (EPA) for any large- capacity septic system (a septic system with the capacity to serve 20 or more persons per day). Alternately, the applicant can provide evidence from the EPA that they are not subject to the EPA Class V requirements. (Department of Public Health & Environment) G. 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 & Environment) H. In the event the facility's water system serves more 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 & Environment) The applicant shall submit a 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: USR11-0031, Dave's Oilfield Construction, LLC, Page 5 1) A list of wastes which are expected to be generated on site (this should include • expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). J. The applicant shall submit documentation that floor drain wastes from any vehicle maintenance facility is captured in a watertight vault and hauled off for proper disposal. (Department of Public Health & Environment) K. 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) L. The applicant shall submit to the Department of Planning Services with a Screening Plan for review and approval. Outdoor storage & work vehicle and equipment parking shall be screened from nearby residences and from county road right-of-way. (Department of Planning Services) M. The applicant shall enter into a Private Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all transportation (access drive, parking areas, haul route maintenance, et cetera) and non-transportation (fencing, screening, drainage et cetera). The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the USR plat. The applicant may submit evidence that all the work has been completed and reviewed by the Department of Planning Services and the Department of Public Works. The agreement shall detail road maintenance requirements. (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 sixty (60) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the plat not be recorded within the required sixty (60) 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: USR11-0031, Dave's Oilfield Construction, LLC, Page 6 A. A building permit will be required for any new construction, alteration, or addition to any • building on the property. (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. A geotechnical engineering report performed by a registered State of Colorado engineer shall be required. Building permits are required for buildings, structures and change of use for buildings which required permits before the beginning of construction or the proposed change of use. (Department of Building Inspection) C. The structures proposed to have changes uses will require commercial building permit for change of use. A code analysis, floor plan a complete set of plans for any alteration and possibly a structural analysis by a professional engineer will be required. (Department of Building Inspection) D. 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) 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. 7. Prior to issuance of Certificate of Occupancy: • A. An individual sewage disposal system is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. The Septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health and Environment) • USR11-0031, Dave's Oilfield Construction, LLC, Page 7 • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Dave's Oilfield Construction, LLC USR11-0031 1. A Site Specific Development Plan and Special Review Permit for an Oil and Gas Support and Service Facility (oil field roustabout and painting business) in the A (Agricultural) Zone District. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. The number of on-site employees shall be limited to fifty-five (55) full-time employees as stated in the application. (Department of Planning Services) 4. The hours of operation shall be limited to 5:00 AM - 10:00 PM Monday—Sunday as stated in the application. (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. 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) 10. 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) 11. 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) 12. 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) 13. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. (Department of Public Health and Environment) USR11-0031, Dave's Oilfield Construction, LLC, Page 8 • 14. 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) 15. A permanent, adequate water supply shall be provided for drinking and sanitary purposes (Well Permit No. 287450). (Department of Public Health and Environment) 16. In the event the facility's water system serves more 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. (25 people per day over a 60 day period). (Department of Public Health and Environment) 17. 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) 18. A building permit will be required for any new construction, alteration, or addition to any building on the property. (Department of Building Inspection) 19. 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. A geotechnical engineering report performed by a registered State of Colorado engineer shall be required. Building permits are required for buildings, structures and change of use for buildings which required permits before the beginning of construction or the proposed change of use. (Department of Building Inspection) • 20. Any structures proposed to have a use change will require commercial building permit for change of use. A code analysis, floor plan a complete set of plans for any alteration and possibly a structural analysis by a professional engineer will be required. (Department of Building Inspection) 21. 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) 22. 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. 23. 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) 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) 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) 26. The property owner or operator shall be responsible for complying with the Design Standards of • Section 23-2-240, Weld County Code. 27. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. USR11-0031, Dave's Oilfield Construction, LLC, Page 9 • 28. 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) 29. The Screening on site shall be maintained in accordance with the approved Screening Plan. (Department of Planning Services) 30. Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. (Department of Public Works) 31. 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. 32. 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) 33. 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. 34. 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. 35. 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 USR11-0031, Dave's Oilfield Construction, LLC, Page 10 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, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. • • USR11-0031, Dave's Oilfield Construction, LLC, Page 11 DEPARTMENT OF PLANNING SERVICES • '1/410%. 1555 N 17th AVE r t GREELEY, CO 80631 WEBSITE: www.co.weld.co.us rE-MAIL: cgathman@co.weld.co.us i PHONE: (970) 353-6100, Ext. 3537 1 IC p NJ 77 FAX: (970) 304-6498 February 15, 2012 Tim Naylor AGPROfessionals, LLC 4350 Highway 66 Longmont, CO 80504 Subject: USR11-0031 -A Site Specific Development Plan and Use by Special Review Permit for an Oil and Gas Support and Service (oil field roust-a-bout and painting business) in the A (Agricultural) Zone District. On parcel(s)of land described as: W2E2 SECTION 32, T4N, R64W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on March 6, 2012, at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on March 28, 2012 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O • Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at www.weldcountyplanningcases,orq If you have any questions concerning this matter, please call. 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Hrir Oho:. • 1 1 • 10 • FIELD CHECK inspection dates: 2/24/2012 APPLICANT: Dave's Oilfield Construction, LLC C/O AGPROfessionals, LLC CASE #: USR11-0031 REQUEST: A Site Specific Development Plan and Use by Special Review Permit for an Oil and Gas Support and Service Facility(oil field roustabout and painting business)in the A(Agricultural) Zone District. LEGAL: Lot D of RECX11-0055; located in part of the W2E2 of Section 32 Township 4 North Range 64 West of the 6th PM, Weld County, Colorado . LOCATION: South of and adjacent to County Road 40 & 1/4 mile west of County Road 53. PARCEL ID#: 105332000010 ACRES: +/- 159.57 acres Zoning Land Use N A N Agricultural Land E A E Old turkey farm & 3 single family residences S A S Agricultural (O&G tank batteries and wellheads) W A W Single-Family Residence/Agricultural/O&G -tank batteries and wellheads • COMMENTS: Existing turkey barns and shop building located on the site. Chris Gathman - Planner Ill • t= DEPARTMENT OF PLANNING SERVICES • 1555 N 17th AVE GREELEY, CO 80631631 WEBSITE: www.co.weld.co.us ' E-MAIL: cgalhman@co.weld.co.us D PHONE: (970) 353-6100, Ext. 3537 FAX: (970)304-6498 COLORADO December 27, 2011 Tim Naylor AGPROfessionals, LLC 4350 Highway 66 Longmont, CO 80504 Subject: USR11-0031 - A Site Specific Development Plan and Use by Special Review Permit for OIL AND GAS SUPPORT AND SERVICE (oil field roustabout and painting business) in the A (Agricultural) Zone District. On parcel(s)of land described as: W2E2 SECTION 32, T4N, R64W of the 6th P.M., Weld County, Colorado. Dear Applicant: Your application and related materials for the request described above are complete and in order at this • time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. If you have any questions concerning this matter, please call. Respectfully, Digitally signed by Kristine Ranslem Reason',l am the author of this document Location:1555 N 17th Ave Date:2011.12.27 1397:22-0700' Chris Gathman Planner • Hello