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Home My WebLink About20122429.tiff , �A r ( LAND USE APPLICATION SUMMARY SHEET Case Hearing Date: August 7, 2012 Number: USR12-0030 Applicant: Alex Platt 22670 County Road 30, Hudson, CO 80462 Request: A 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. Legal Description: Lot A RE-4583; being part of E2 NE4 Section 26,T3N, R65W of the 6th P.M.,Weld County, Colorado Location: South of and adjacent to County Road 30;Approximately one eighth of a mile West of County Road 47 Size of Parcel: 10.79+1-acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies with comments: ➢ Weld County Code Con pltance, referral dated May 22, 2012 ➢ State of Colorado, pt4sibn of Water Resources, referral dated June 6, 2012 ➢ Weld County Departent of Building Inspection, referral dated June 13, 2012 ➢ Weld Countyl,e 'artment of Public Health and Environment, referral dated June 15, 2012 ➢ Weld Couni'yfJp' artment of Public Works, referral dated June 15, 2012 The Department°gf Planning Services' staff has received responses from the following agencies without comments: '. S. Platteville Fire Protection District, referral dated June 12, 2012 The Department of Planning Services'staff has not received responses from the following agencies: ➢ Weld County School District, RE-1 ➢ State of Colorado, Division of Wildlife ➢ Weld County Sheriffs Office USR12-0030-ALEX PLATT,PAGE 1 Coif - r�r SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW 14r ' - 1, ri LG0 =v Planner: Kim Ogle Case Hearing Date: August 7, 2012 Number: USR12-0030 Applicant: Alex Platt 22670 County Road 30, Hudson, CO 80462 Request: A Site Specific Development Plan and Special Review P n31it for a Mineral Resource Development Facility including an Oil and Gas Support Facl (roust-a-bout and excavating service) in the A(Agricultural)Zone District Legal Description: Lot A RE-4583; being part of E2 NE4 Section 26,T3N,R65W of the 6th P.M.,Weld County, Colorado Location: South of and adjacent to County Road 30; Approximately one eighth of a mile West of County Road 47 Size of Parcel: 10.79 +/-acres Parcel#:1213-26-1-00-029 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials areiacbiipliance with the application requirements of Section 23-2-260 of the Weld County Code. - 2. It is the opinion of thepbpdrtment of Planning Services'staff that the applicant has shown compliance with Section 23-2-40 bf the Weld County Code as follows: A. Sectlq;;r.123-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other apllf ache code provisions or ordinance in effect. Section 23-2-220.A.2. A.Policy 7.2. Conversion of agricultural land to nonurban residential, commercial and industrial uses ,,.,slittould be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region The roust-a-bout and excavating service facility is presently in operation on site and is located in an area that allows good access to the oil field. Further, Section 22-2-100.E. C.Goal 5. States"Minimize the incompatibilities that occur between commercial uses and surrounding properties." The Department of Planning Services is requesting a Screening Plan for the facility addressing the outside storage component from public rights of way and adjacent properties. Lands surrounding this facility are in pastureland for the grazing of livestock with limited residential development, primarily to the east of this property, with the closest residence being approximately 160 feet east of the property line. Section 22-2-20.B.2 A.Policy 2.2 states: "Allow commercial and industrial uses,which are directly related to or dependent upon agriculture,to locate within agricultural areas when the impact to surrounding properties is minimal or mitigated and where adequate services and USR12-0030-ALEX PLATT,PAGE 2 infrastructure are currently available or reasonably obtainable. These commercial uses should be encouraged to locate in areas that minimize the removal of agricultural land from production." The site is Lot A of a Recorded Exemption, RE-4583 which consists of 10.79 acres with historic use encumbrances.The surrounding properties are primarily grazing lands with limited residential development primarily to the East. The applicant is proposing an on- site septic system and the water will be provided by an individual domestic well. The existing residence on the property is also served by an individual sewage disposal system (SP- 0500267)and is permitted for 3 bedrooms or 6 persons. In the event the applicant intends s to utilize the existing septic system at the home,for employee use,the septic system shall pe reviewed by a Colorado Registered Professional Engineer. The applicant has 4lonistic well permit no.284299 that serves the existing residence and property. This w Ilfn y not be used for any of the business operations unless the well is re-permitted put Colorado Division of Water Resources requirements as stated in their referral datee n 6, 2012. Environmental Health Services has reviewed this proposal for an cang*s support facility including roustabout and excavating services. Based on the appki ion,there is an existing shop building on the property that is for personal use only, and Will not be used for the business operations.There will be up to 25 employees accessing the site.According to the applicant,the facility will mainly be used for storage of equi ,and employees will access the site to pick up and return vehicles and equipment.There ill be no full-time or part-time employees stationed at the site. • The following section is from Environmental Healy-Services, Weld County Department of Public Health& Environment, Septic Policies. It is the policy of the Department of Environmental Health that portable toilets are allowed when employees or contractors are on site for less than 2 consecutive hours a day. As personnel will be on site for a shortiduration, in accordance with Environmental Health Services policy the use of portatlletoilets is allowed. B. Section 23-2-220.A.2--Th prdpiosed use is consistent with the intent of the A(Agricultural) Zone District.Section.y%3t).A.2 of the Weld County Code provides for Oil and Gas Support and Service as a Usk(35 Special Review in the A(Agricultural)Zone District. C. Section 23-2-22{0.3-- The uses which will be permitted will be compatible with the existing surrott!(7,ding land uses. The property currently is in violation, case number ZCV11-00Q89a(or the operation of an oil and gas roust-a-bout and excavating business without ftrsVcompleting the necessary Weld County Zoning Permits, and also has an actiyeyeetion case in County Court(11-C-694). Mr. Pfdtt has agreed to an Amended Stipulated Agreement which is recognized by the deurt which delineates the following timelines: The Defendant will do everything possible within his ability to ensure a hearing is conducted by the Planning Commission by August 7,2012. • The Defendant will do everything possible within his ability to ensure a hearing is conducted by the Board of County Commissioners by August 22, 2012. • The Defendant will complete all Conditions of Approval and have a final plat submitted to the Department of Planning Services by December 21,2012. • Defendant agrees to contact the Zoning Compliance Officer assigned to this case to arrange an inspection of the property at least six (6) days prior to the review date set by the Court. His review date in County Court is set for January 7, 2013 at 9:30 AM in Division C. USR12-0030-ALEX PLATT,PAGE 3 Assuming he has complied with the above terms of his Amended Stipulated Agreement, this date will be vacated and the violation case closed. The initial complaint was received on May 13,2011. Due to records release case law we no longer track complainant information;however,our internal policy is that violations are no longer initiated due to staff complaint. If the application is approved and all conditions of approval met,and the plat is record the violation will be corrected. If the application is denied, or the conditions of approvakc r oot met,the commercial business and storage shall be removed from the property with*3gdays or the Violation case will proceed accordingly through the Court process.. Th'S site is bordered by agricultural uses, which are predominately pasture with spaf ,eT populated residential development. There are ten (10) property owners on ten (10) parcels within 5Qp fgeFbf this proposed facility. There are three (3) residences on three (3) parcels withil1 1000 feet of the facility, and in the general the nearest residence approximately 450 feet td Me East from the existing shop. There has been one letter from an adjacent property civet and at least one telephone call from adjacent neighbors with concerns of the current 00:Orations for this property and the proposed expansion of use. Development Standards Mid Conditions of Approval will ensure that this use will be compatible with surrounding land uses. D. Section 23-2-220.A.4 -- The uses which wil�`pettnitted will be compatible with future development of the surrounding area as per i d by the existing zoning and with the future development as projected by Chapter 22 of th Weld County Code and any other applicable code provisions or ordinances in a t, or the adopted Master Plans of affected municipalities. The site is not located-0,4 n three miles of a municipality or County. E. Section 23-2-220.A.5--The site does not lie within any Overlay Districts. Effective April 25,2011,Byitding Permits issued will be required to adhere to the fee structure of the Weld County Reed Ifnpact Program. (Ordinance 2011-2). (Department of Planning Services) Effective April . 011 Building Permits issued will be required to adhere to the fee structure of the County-facility Fee and Drainage Impact Fee. (Ordinance 2011-2) (Department of Planning S,ostces) F. Sectfq X23°2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime agrielral land for the proposed use. The U.S.D.A. Soils Maps of Prime Farmlands of IVeld County dated 1979 designated the soils on this property"other",however,given that the x'0.79 acre parcel contains the existing improvements,the applicant is utilizing the property for the highest and best use. ',.,,ei 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. USR12-0030-ALEX PLATT,PAGE 4 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 Department of Planning Services'staff 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.(Depart$hj of Planning Services) B. All sheets of the plat shall be labeled USR12-0030. (Department of Planning Services) C. The plat shall be amended to delineate the following: 1) The attached Development Standards. (Department of®I`a(lning Services) 2) The approved Screening Plan,to address the parkitgjfVehicles and equipment,the outdoor storage of materials,including the trash duffips r associated with this facility shall be screened from adjacent properties, incl ing the public rights-of-way. (Department of Planning Services) 3) County Road 30 is designated on tha,WOld County Road Classification Plan as a collector road, which requires 80 feat of right-of-way at full build out. There is presently 60 feet of right-of-way.An additional ten(10)feet shall be delineated on the plat as future County Road 30 ripflt.of-way.All setbacks shall be measured from the edge of future right-of-way. TI{g aaplicant shall verify the existing right-of-way and the documents creating the right-of-way. If the right-of-way cannot be verified,it shall be dedicated. This road is maintained by Weld County. (Department of Public Works) 4) Please delineate tNeWater Quality Depression for this site. The area can be an existing on-%Itefow point that will capture the stormwater and hold any contaminants on-site qr it c be a shallow (1-2 feet deep) depression dug downstream of the parking',il{laid storage area and labeled as a"No Build or Storage Area". The water qualit$[eature must be sized to contain approximately 610 cubic feet of water. (Department of Public Works) 5) , '-„,Altharking for this site must be off street and internal and delineated on the plot plan =fnap. Each parking space shall be equipped with wheel guards or curb blocks to prevent vehicles from coming into contact with walls or other structures.(Department of Planning Services) 6) The application materials did not include a Lighting Plan. Should exterior lighting be a part of this facility, all light standards shall be delineated on the USR Plat. (Department of Planning Services) 7) The application materials did not include a Sign Plan. Should exterior signage be a part of this facility, all signs shall be delineated on the USR Plat. (Department of Planning Services) 8) The applicant shall show the approved accesses on the plat and label it with the approved access permit number, AP12-00192. (Department of Public Works) USR12-0030-ALEX PLATT,PAGE 5 D. The applicant shall address the requirements (concerns) of Colorado Division of Water Resources,as stated in the referral response dated June 6,2012. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Colorado Division of Water Resources) E. The applicant shall submit a Screening Plan to the Department of Planning Services for review and approval. With approval, the Screening Plan information shall be graphically delineated on the USR Plat. (Department of Planning Services) F. The applicant shall submit a Sign Plan to the Department of Planning Services for revfe Mend approval. With approval, the sign information shall be graphically delineated *the Plat. (Department of Planning Services) G. The applicant shall address the requirements (concerns) of Weld Coyyn `'Department of Building inspection,specifically address the change of use for each struLt ocated on the property,as stated in the referral response dated June 13,2012. yides1cofof such shall be submitted in writing to the Weld County Department of Planning-Services. (Department of Building Inspection) H. The applicant shall address the requirements (concerns)"C),f Weld County Department of Environmental Health, specifically address: 1. The applicant shall submit a revised dus(abgfement plan to include the proposed water source to be used for dust controfttbtffe Environmental Health Services,Weld County Department of Public Health&Environment.(Department of Public Health& Environment) 2. In accordance with the Under ound and Above Ground Storage Tank Regulations (7 CCR 1101-14) a spillage Mention berm shall be constructed around the tank battery. The volume retelned by the spillage berm should be greater than the volume of the largest t> inside the berm. Alternative protective measures may be allowed provided gt*eemply with the Above Ground Storage Tank Regulations. (Department offliblf6 Health &Environment) 3. The applicanf'shall submit evidence of an Aboveground Storage Tank permit from the Coldr do Department of Labor and Employment(CDL&E),Oil Inspection Section for anjaboveground storage tanks located on the site. Alternately,the applicant can provide evidence from the(CDL&E),Oil Inspection Section that they are not subject to these requirements. (Department of Public Health& Environment) 4. "^° ./A signed copy of the Spill Prevention, Control and Countermeasure Plan shall be • provided to Environmental Health Services Division of the Weld County Department of Public Health&Environment. In accordance with Section 3-6-1 of the Colorado Department of Labor and Employment Division of Oil and Public Safety Storage Tank Regulations(7 C.C.R. 1101-14)as well as EPA regulations(40 CFR Part 112). (Department of Public Health & Environment) 5. The applicant shall submit a revised waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. The plan shall include at a minimum, the following: 1) A list of the type and volume of chemicals expected to be stored on site. (Department of Public Health &Environment) USR12-0030-ALEX PLATT,PAGE 6 I. The applicant shall submit a Lighting Plan to the Department of Planning Services for review and approval. With approval,the Lighting Plan information shall be graphically delineated on the USR Plat. (Department of Planning Services) J. The applicant shall enter into an Improvements agreement to cover on-site and off-site improvements and road maintenance. Evidence of Department of Public Works approval shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Works and Planning Services) K. The applicant shall submit three (3) paper copies of the plat for preliminary appr vel*the Weld County Department of Planning Services. (Department of Planning Servile 2. Upon completion of 1.above the applicant shall submit a Mylar plat along with all otAp9imentation required as Conditions of Approval.The Mylar plat shall be recorded in the officet6fJhpg eld County Clerk and Recorder by Department of Planning Services' Staff. The plat shafrbe prepared in accordance with the requirements of Section 23-2-260.D of the Weld Coynly CIode. The Mylar plat and additional requirements shall be submitted within one hundred twenty(1$0)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. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are.dw9r.crxt,and .dgn(Microstation); acceptable GIS formats are ArcView shapefiles,Arclnfo Coverages a „Arclnfo Export files format type is.e00. The preferred format for Images is.tif(Group 4).(Gr. "is not acceptable). This digital file may be sent to mapsaco.weld.co.us. (Department of Plannfitt9 Services) 4. In accordance with Weld County Code Ordinanga005-7 approved June 1,2005,should the plat not be recorded within the required one hundrecL,t*enty(120) days from the date the Board of County Commissioners approval was signed a$5q 0Q recording continuance charge may be added for each additional 3 month period. (DepartmenFoffil'anning Services) 6. Prior to the Release of Building PeOrlit§: A. A building permit Wild be required for any buildings associated with roust-a-bout and excavation services. (Department of Building Inspection) B. A building pew*application must be completed and two complete sets of plans including enginee gd f tebdation plans bearing the wet stamp of a Colorado registered architect or engir9ee m.tist be submitted for review. (Department of Building Inspection) C. A geotebhnical engineering report performed by a registered State of Colorado engineer shall c"‘a required. (Department of Building Inspection) D.,4 ,.The structures proposed to have changes uses will require commercial building permit for change of use. A code analysis, floor plan an complete set of plans for any alteration and possibly a structural analysis by a professional engineer will be required. (Department of Building Inspection) E. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code: 2006 International Energy Code; 2006 International Fuel Gas Code; 2011 National Electrical Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) F. A plan review shall be approved and a permit must be issued prior to the start of USR12-0030-ALEX PLATT,PAGE 7 construction. (Department of Building Inspection) G. All building plans shall be submitted to the Platteville Fire Protection District for review and approval prior to issue of building permits, (Department of Building Inspection) H. Provide evidence to the Weld County Department of Public Health&Environment that a well has been appropriately permitted and installed to provide for potable water and sanitary use for the facility. (Department of Planning Services) USR12-0030-ALEX PLATT,PAGE 8 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS (Alex Platt) USR12-0030 -i 1. The Site Specific Development Plan and Special Review Permit for a Minera4R2sdt rce Development Facility including an Oil and Gas Support Facility(roust-a-bout excavating service) in the A(Agricultural)Zone District, as indicated in the application at ials on file and subject to the Development Standards stated hereon.(Department oilrt ng Services) 2. Approval of this plan may create a vested property right pursuant,te 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• ppsal Sites and Facilities Act, 30-20-100.5,C.R.S.,as amended)shall be stored and remo }'forfinal disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the-definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act,30-20-100.5,C.R.S., as amended. (Department of Public Health and Environment) 5. Waste materials shall be handled stored, and disposed in a manner that controls fugitive dust,fugitive particulate emissipralbwing debris,and other potential nuisance conditions. (Department of Public Health,* Environment) 6. The applicant shall ope atWfn accordance with the approved "waste handling plan", at all times. (Departmentpf'f3'ublic Health and Environment) 7. The applicant4ral comply with all provisions of the State Underground and Above Ground Storage Tang egulations. (Department of Public Health and Environment) 8. Fugitixet"and fugitive particulate emissions shall be controlled on this site. The facility shgfpep operated in accordance with the approved "dust abatement plan", at all times. (Dei5"artfnent of Public Health and Environment) 9. ..7his facility shall adhere to the maximum permissible noise levels allowed in the Residential ' Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) is 10. Adequate drinking, hand washing and toilet facilities shall be provided for employees and t, patrons of the facility, at all times. Portable toilets and Bottled water are allowed in accordance with Environmental Health Policy 2.2.K. as attached. (Department of Public Health and Environment) 11. In the event the domestic well(Permit No. 284299)on the property is used for the business operations, the well shall be re-permitted for commercial use per the Colorado Division of Water Resources requirements in their referral, dated June 6, 2012. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly USR12-0030-ALEX PLATT,PAGE 9 encourage the applicant to test their drinking water prior to consumption and periodically test it over time. (Department of Public Health and Environment) 12. Any septic system located on the property must comply with all provisions of the Weld County Code,pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment) 13. In the event the applicant intends to utilize the existing septic system at the ho{h or employee use, the septic system shall be reviewed by a Colorado Registered Prq(es9nal Engineer. The review shall consist of observation of the system and a tec nfc review describing the system's ability to handle the proposed hydraulic load. Theetw shall be submitted to the Environmental Health Services Division of the Weld Coyn,�I)t artment of Public Health and Environment. In the event the system is found to be iriadtguately sized or constructed the system shall be brought into compliance wit1 curr6t Regulations. (Department of Public Health and Environment) I 14. All potentially hazardous chemicals must be handled in a vianner in accordance with product labeling and in a manner that minimizes the rel eof hazardous air pollutants (HAP's)and volatile organic compounds(VOC's). All chemi als must be stored secure,on an impervious surface, and in accordance with manufacturer's recommendations. (Department of Public Health and Environment) 15. The Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times. (Department of Public Health and Environment) 16. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Coder (Department of Public Health and Environment) 17. Access to the site shall be frr,g�Qn County Road 30 at the location as designated by the approved Access Permit. (gptrtment of Public Works) 18. The off-street parkit ,,bpeces including the access drive shall be surfaced with gravel, asphalt,concrete or ilie equivalent and shall be graded to prevent drainage problems. Utilize the existing access and departure points. (Department of Public Works) 19. The historimPflow patterns and run-off amounts will be maintained on site in such a manner that will m SBonably preserve the natural character of the area and prevent property damage of thcA9Pre generally attributed to run-off rate and velocity increases, diversions, co Brit ation and/or unplanned ponding of storm run-off. (Department of Public Works) 20. Weld County shall not be responsible for the maintenance of onsite drainage related facilities. ,' (Department of Public Works) 2 t. 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 I`' applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. (Department of Public Works) 22. There shall be no parking or staging of vehicles on the County Road. Use the on-site parking area. (Department of Public Works) 23. In the event that 1 or more acres are disturbed during the construction and development of the site, the applicant shall obtain a stormwater discharge permit from the Water Quality USR12-0030-ALEX PLATT,PAGE 10 Control Division of the Colorado Department of Public Health and Environment.(Department of Public Works) 24. If more than one acre is to be disturbed,a grading permit will be required prior to the start of construction. The grading permit application must contain: an erosion and sediment control plan; a grading plan; installation details of all BMPs to be utilized, typical installation and maintenance notes for all BMPs to be utilized, and a copy of the approved Colorado Department of Public Health and Environment stormwater permit. (Department of Public Works) 25. All structures shall require building permits. (Department of Building Inspection),. 26. Any lighting,including light from high temperature processes such as weldingg,or`ppmbustion, shall be designed, located and operated in such as manner as to reeteP the following standards: sources of light shall be shielded so that beams or rays S*tit will not shine directly onto adjacent properties; neither the direct nor reflected li t fwoany light source may create a traffic hazard to operators of motor vehicles on publi r private streets;and no colored lights may be used which may be confused with or con rued as traffic control devices. (Department of Planning Services) 27. Hours of operation are 24 hours/7 days a week. (Department of Planning Services) 28. The number of employees associated with this facility Is limited to twenty-five(25)persons. (Department of Planning Services) 29. There are no full time or part time employee§stationed on site. (Department of Planning Services) 30. Effective April 25,2011,Building Permits issued will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2). (Department of Planning Services) 31. Effective April 25,201% iircling Permits issued will be required to adhere to the fee structure of the County Faciligb&and Drainage Impact Fee. (Ordinance 2011-2) (Department of Planning Services) 32. The Special Fttew activity shall not occur nor shall any building or electrical permits be issued on tpperty until the Special Review plat is ready to be recorded in the office of the Weld Ctvrity. Jerk and Recorder. (Department of Planning Services) 33. Th&pfg perty owner or operator shall be responsible for complying with the Design Standards _of Sdertion 23-2-240, Weld County Code. (Department of Planning Services) ' 4 c 34. o' ,,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) `85. Personnel from Weld County Government shall be granted access onto the property at any sk reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) 36. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall USR12-0030-ALEX PLATT,PAGE 11 be filed in the office of the Department of Planning Services. (Department of Planning Services) 37. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning Services) 38. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most prodp Live agricultural counties in the United States, typically ranking in the top ten countieii Dle country in total market value of agricultural products sold. The rural areas of WO, C kmy may be open and spacious, but they are intensively used for agriculture. Persohytlmoving into a rural area must recognize and accept there are drawbacks, includin“ nflicts with long-standing agricultural practices and a lower level of services than in t `°A ng with the drawbacks come the incentives which attract urban dwellers to relocate o ral areas: open views,spaciousness,wildlife,lack of city noise and congestion,and a pad atmosphere and way of life. Without neighboring farms,those features which attr✓ urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected tiiPe@nge 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 rbadsl dust from animal pens, field work, harvest and gravel roads; odor from animal cvnfi tertient, silage and manure; smoke from ditch burning; flies and mosquitoes; huntingartd trapping activities; shooting sports, legal hazing of nuisance wildlife;and the use of pes'ftcides and fertilizers in the fields,including the use of aerial spraying. It is commor►vractice for agricultural producers to utilize an accumulation of agricultural machinerynd`supplies to assist in their agricultural operations. A concentration of miscellaneous 8gficJltural materials often produces a visual disparity between rural and urban areas of,threCounty. Section 35-3.5-102,C.R.S., provides that an agricultural operation shall nod,Yf,e,found to be a public or private nuisance if the agricultural operation alleged to be a pc0.ice employs methods or practices that are commonly or reasonably associated,witYagncultural production. Water has been, art continues to be, the lifeline for the agricultural community. It is unrealistic to Mime that ditches and reservoirs may simply be moved "out of the way"of residential deo tnent. When moving to the County, property owners and residents must realize they t of take water from irrigation ditches, lakes,or other structures, unless they have ar‘djkficated right to the water. Weld`C 'unty covers a land area of approximately four thousand(4,000)square miles in size twicetthe size of the State of Delaware) with more than three thousand seven hundred ,.§04,700)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 a" 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 USR12-0030-ALEX PLATT,PAGE 12 activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 4- ' . USR12-0030-ALEX PLATT,PAGE 13 Case Number: USR12-0030 Applicant: Alex Platt 22670 County Road 30, Hudson, CO 80462 Request: A Site Specific Development Plan and Special Review Permit for a Mineral Resource Development Facility including an Oil and Gas Support ['witty -a-bout and excavating service) in the A (Agricultural) Zone District. Legal Description: Lot A RE-4583; being part of E2 NE4 Section 26, T3N, R65W of the 6th P.M., Weld County, Colorado Location: South of and adjacent to County Road 30; Approxim4eone eighth of a mile West of County Road 47 Size of Parcel: 10.79 +/- acres Narrative: Mr. Platt operates a roust-a-bout and excavating business from his property. The property includes his residence and one metal skinned outbuilding with unscreened outdoor storage. Up to 25 employees will be accessing the site at full buildout. According to the applicant, the facility will mainly be used for storage of equipment, and employees will access the site to pick up and return vehicles and equipment. There will be no full-time or part-time employees stationed at the site. A commercial well and septic are not required at this facility as it is the policy of the Department of Environmental Health that portable toilets are allowed when employees or contractors are on site for less than 2 consecutive hours a day. As personnel will be on site for a short duration, in accordance with Environmental Health Services policy the use of portable toilets is allowed. The site is Lot A of a Recorded Exemption, RE-4583 which consists of 10.79 acres with historic use encumbrances. The surrounding properties are primarily grazing lands with limited residential development primarily to the East. The property currently is in violation, case number ZCV11-00089 for the operation of an oil and gas roust- a-bout and excavating business without first completing the necessary Weld County Zoning Permits, and also has an active violation case in County Court <11 C-694). Mr. Platt has agreed to an Amended Stipulated Agreement which is recognized by the court which delineat4snelines for completing the application. If the application is approved and all conditions of approval met, and the plat is recorded, the violation will be corrected. If the application is denied, or the conditions of approval are not met, the commercial business and storage shall be removed from the property within 30 days or the Violation case will proceed accordingly through the Court process. The site is bordered by agricultural uses, which are predominately pasture with sparsely populated residential development. There are ten (10) property owners on ten (10) parcels within 500 feet of this proposed facility. There are three (3) residences on three (3) parcels within 1000 feet of the facility, and in the general the nearest residence approximately 450 feet to the East from the existing shop. There has been one letter from an adjacent property owner and at least one telephone call from adjacent neighbors with concerns of the current site operations for this property and the proposed expansion of use. The Department of Planning Services is recommending approval of the application. MEMORANDUM \AlE TO: Kim Ogle, Planning Services DATE: April 9, 2012 ✓ t FROM: Donald Carroll, Engineering Administrator y i Public Works Department SUBJECT: 7-Day Completeness Review— Alex Platt (PA11-075) I have reviewed the 7-Day Completeness Review. Public Works shall be looking for six critical items: ✓ Site Plan — Submitted, need Water Quality Control Feature (WQCF) location Traffic Study — Narrative submitted (approx. 25 people) and will be reviewed when application is deemed complete. • Preliminary Drainage Report — Full Report Not Required — Due to the onsite storage component of the project, a Water Quality Depression is required for this site. The area can be an existing on-site low point that will capture the storm water and hold any contaminants on-site or it can be a shallow (1'-2' deep) depression dug downstream of the parking and storage areas. • Geotechnical Report— Not Required • Flood Hazard Development Standards — Not in a FEMA Floodplain • Access Permit Application Form— Submitted for review. This phase of the planning process is a content review of the submitted materials, NOT a technical review. Comments made during this phase of the process will not be all-inclusive. The Public Works Department will perform a detailed technical review of the project once the submittal application is deemed acceptable and is promoted to the review phase of the planning process. Public Works have adequate information to review this submittal. Please submit the following items: • Show location for Water Quality Depression on the plat. pc: 7-Day Completeness, Alex Platt (PA11-075) C:\Documents and Settings\kogle\Local Settings\Temporary Internet Files\Content.Outlook\NUIE6KGO\PA11-0075 7-Day Alex Platt.docx 1861 - 2011 MEMORANDUM TO: PA11-075; Case File, pre-application WEL„ - ONTY lul DATE: May 20, 2011 FROM: Kris Ranslem, Planning Technician SUBJECT: Pre-Application Meeting prior to submitting USR oilfield service company Attendees: Alex Platt, Applicant Ken Swanson, Building Jonathon Gesick, Building Don Carroll, Public Works Kim Ogle, Planning On Friday, May 20, 2011 an informal discussion took place at the Greeley Administrative Offices Conference Room regarding a proposed oilfield service company. (The legal description is Lot A RE-4583 Section 26, T3N, R65W of the 6th P.M.; Situs Address is 22670 CR 30) Background Information: The applicant is proposing to operate an oil and gas support and service facility, including a roust-a- bout and excavating business. Building Department Building Permits are required for all structures. A Change of Use Building Permit will be required for the residential building as it will be used for maintenance of trucks and storage of equipment. A lavatory will be located in the building for employee use. Health Department An onsite well will provide potable water. The applicant is proposing to utilize a septic system onsite. A Waste Handling Plan is required. For examples please visit: http://www.co.weld.co.us/Departments/PlanningZoning/PlanningDepartment/ApplicationAssistance. html A Dust Abatement Plan will be required. For examples please visit: http://www.co.weld.co.us/Departments/PlanningZoninq/Planning Department/ApplicationAssistance. html Public Works A Site Plan will be required identifying the following: access, parking, buildings, circulation, site drainage, road right-of-way and oil and gas access. No traffic study is required; however a narrative providing an estimated number of trips per day is requested. A tracking pad at the entrance will be required. A Grading Permit will be required if 1 acre or more is disturbed. No Drainage Report is required; however the applicant shall provide a short description of the historic stormwater flows across the property and how their application will affect those flows. The description shall include but not be limited to: 1) where the water originates if it flows onto the property from an offsite source, 2)where it flows to as it leaves the property, 3)the direction of flow across the property, and 4) if there have been previous drainage problems with the property. The application shall also provide flow arrows on the map showing where the stormwater starts, how it goes across the property, and where it leaves the property. The applicant will still be responsible for providing a water quality feature that conforms to the methodology outlined in Volume 3, Section 4.4.2 of the Urban Storm Drainage Criteria manual. Planning Department Road Impact fees, County Facilities fees, and Drainage fees will be applied at the time of building permit issuance. Landscape and screening will be required. If signs are proposed onsite, they will need to comply with the Weld County Code. A Surface Use Agreement will be required with the oil and gas mineral interests. Staff urged the applicant to contact staff for any questions: Planner On Call available Monday through Friday 7:30 a.m. to 4:30 p.m. Staff explained the USR process. The applicant shall submit 4 packets for a 7 day completeness review. After the 7 day completeness review the applicant will be informed of what items are still required to make the application complete. Staff requested that the applicant submit the remaining material in electronic form. Upon submittal of a completed application it will be sent out for referral for 28 days. The applicant will then meet with their Planner to discuss the referrals and address as many of the referrals as possible. At that meeting the Planning Commission hearing will be scheduled. The Board of County Commissioners hearing typically follows approximately 3 weeks after the Planning Commission hearing. The above notes are provided as a courtesy to the applicant. While we strive to identify significant issues,the above notes may not identify all issues, even major ones that may be raised during the formal review of your application. The information contained herein has been placed on file with the Department of Planning Services. End memorandum. FIELD CHECK Inspection Date: July 31, 2012 Case Number: USR12-0030 Applicant: Alex Platt 22670 County Road 30, Hudson, CO 80462 Request: Site Specific Development Plan and Special Review Permit for an Oil and Gas Support Facility (Roust-a-bout and excavating service) in the A (Agricultural) Zone District. Legal Description: Lot A RE-4583; being part of E2 NE4 Section 26, T3N, R65W of the 6th P.M., Weld County, Colorado Location: South of and adjacent to County Road 30; one eighth of a mile West of County Road 47 Size of Parcel:10.79 +/- acres Zoning Land Use N N DRYLAND AGRICULTURE AGRICULTURE E AGRICULTURE E RESIDENCE AND PASTURE S AGRICULTURE S DRYLAND AGRICULTURE W AGRICULTURE W AGRICULTURE Comments: Property is located near the crest of the hill with existing structures including a single family residence and metal skinned building. Outside storage of roust-a-bout equipment. Trucks and materials. Limited screening from County Road 30 into the property. Good access from County Road for residence with separate access for roust- a-bout. Mr. Platt provided opaque screening from east property line prior to Planning Commissioner hearing on August 7. Kim Ogle Signature ❑ House(s) ❑ Oil & Gas Structures ❑ Outbuilding(s) ❑ Non-commercial junkyard (list components) ❑ Access to Property ❑ Topography ❑ Crop Productions Note any commercial business/commercial vehicles that are operating from the site. Existing Roust-a-bout business 1861 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE , GREELEY, CO 80631 I _ l� WEBSITE:www.co.weld.co.us rr E-MAIL: kogle@co.weld.co.us PHONE: (970)353-6100, Ext. 3549 .GO-UNITY FAX: (970)304-6498 July 11, 2012 ALEX PLATT 22670 COUNTY ROAD 30 HUDSON, CO 80462 Subject: USR12-0030-SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AN OIL AND GAS SUPPORT FACILITY (ROUST-A-BOUT AND EXCAVATING SERVICE) IN THE A (AGRICULTURAL)ZONE DISTRICT On parcel(s)of land described as : LOT A REC EXEMPT RE-4583; PART OF SECTION 26, T3N, R65W of the 6th P.M., Weld County, Colorado. Dear Applicant: I have scheduled a meeting with the Weld County Planning Commission on August 7, 2012, at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on September 12, 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.weldcountvplanninqcases.orq ngcases.orq If you have any questions concerning this matter, please call. Respectfully, 1 ^ Digitally signed by Kristineof Ranslem _I'•."A/]IRJ/''-' Reason:signed rnethis document Location:1555 N 17th Ave Date:2012.07.11 11:02:40-06'00' Kim Ogle Planner )04A —)4 W 1861 J DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE ,1 _ 1 GREELEY, CO 80631 LP r -. WEBSITE: www.co.weld.co.us E-MAIL: kogle@co.weld.co.us C-4 ' PHONE: (970)353-6100, Ext. 3549 G O U N 7 Y FAX: (970)304-6498 May 21, 2012 ALEX PLATT 22670 COUNTY ROAD 30 HUDSON, CO 80462 Subject: USR12-0030-SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AN OIL AND GAS SUPPORT FACILITY (ROUST-A-BOUT AND EXCAVATING SERVICE) IN THE A (AGRICULTURAL)ZONE DISTRICT On parcel(s)of land described as: PT SECTION 26, T3N, R65W LOT A REC EXEMPT RE-4583 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 author hio of Ranslem Reason: sage byKristinethisdocument Location:1555 N 17th Ave Date:2012.05.21 14:29:46-06'00' Kim Ogle Planner Hello