HomeMy WebLinkAbout20123200.tiff 1861 - 2011
W E LI OUNITY
LAND USE APPLICATION
SUMMARY SHEET
Case Hearing Date: October 16, 2012
Number: USR12-0053
Applicant: Francisco Ramirez
APA CHE Field Services, 10085 County Road 31, Fort Lupton, CO 80621
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-2263; being part of the SE4 of Section 9, T2N, R66W of the 6th P.M.,Weld County,
Colorado
Location: North of and adjacent to County Road 22; West of and adjacent to County Road 31
Size of Parcel: 10 +/- 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:
I ➢ Weld County Code Compliance, referral dated July 31, 2012
0➢ State of Colorado, Division of Water Resources, referral dated August 3, 2012
I ➢ Weld County Department of Building Inspection, referral dated August 3, 2012
I ➢ City of Fort Lupton referral dated August 13, 2012
I ➢ Weld County Department of Public Health and Environment, referral dated August 29, 2012
I ➢ Weld County Department of Public Works, referral dated August 29, 2012
The Department of Planning Services' staff has received responses from the following agencies without
comments:
D➢ Platteville-Gilcrest Fire Protection District, referral dated July 31, 2012
0➢ Public Service of Colorado referral dated August 27, 2012
The Department of Planning Services' staff has not received responses from the following agencies:
I ➢ Weld County School District, RE-8
I ➢ State of Colorado, Division of Parks and Wildlife
I ➢ Weld County Sheriff's Office
I ➢ Colorado Department of Transportation
0➢ Kerr-McGee OnShore
I ➢ Fulton Ditch
USR12-0053 APA CHE FIELD SERVICES, PAGE 1
B 6 1 -:o SPECIAL REVIEW PERMIT
1ADMINISTRATIVE REVIEW
W E L D___-CO U NTY
u
Planner: Kim Ogle
Case Hearing Date: October 16, 2012
Number: USR12-0053
Applicant: Francisco Ramirez
APA CHE Field Services, 10085 County Road 31, Fort Lupton, CO 80621
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-2263; being part of the SE4 of Section 9,T2N, R66W of the 6th P.M.,Weld County,
Colorado
Location: North of and adjacent to County Road 22; West of and adjacent to County Road 31
Size of Parcel: 10 +/- acres Parcel#:1309-09-0-00-018
Narrative:
The proposed facility is for an oil and gas support facility including roustabout and storage of pipes and pipe
fittings. No commercial shop buildings are proposed. There will be up to 9 employees accessing the site.
According to the applicant,the facility will mainly be used for storage of equipment,and employees will access
the site to pick up and return vehicles and equipment. There will be no full-time or part-time employees
stationed at the site.
THE 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 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.
USR12-0053 APA CHE FIELD SERVICES, PAGE 2
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
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 one letter(s) or electronic mail received and one
USR12-0053 APA CHE FIELD SERVICES, PAGE 3
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.
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 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. (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)
USR12-0053 APA CHE FIELD SERVICES, PAGE 4
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)
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:
a) 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)
USR12-0053 APA CHE FIELD SERVICES, PAGE 5
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)
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)
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 EnergyCode;2006 International
Fuel Gas Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County
Code. (Department of Building Inspection)
USR12-0053 APA CHE FIELD SERVICES, PAGE 6
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)
USR12-0053 APA CHE FIELD SERVICES, PAGE 7
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 over time. (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.
USR12-0053 APA CHE FIELD SERVICES, PAGE 8
(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)
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) 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)
USR12-0053 APA CHE FIELD SERVICES, PAGE 9
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)
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
USR12-0053 APA CHE FIELD SERVICES, PAGE 10
County, and the distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave
their jobs and families to respond to emergencies. County gravel roads, no matter how often they are
bladed,will not provide the same kind of surface expected from a paved road. Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm. Services in rural areas, in many cases,will not be equivalent to municipal services. Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood.
USR12-0053 APA CHE FIELD SERVICES, PAGE 11
a\ 1861 DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
l .... \ GREELEY, CO 80631
I WEBSITE: www.co.weld.co.us
1 I\ E-MAIL: kogle@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
September 26, 2012
FRANCISCO RAMIREZ
10085 COUNTY ROAD 31
FORT LUPTON, CO 80621
Subject: USR12-0053 - 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
DISTRI CT
On parcel(s) of land described as:
LOT A REC EXEMPT RE-2263; PART SE4 SECTION 0. T2N. R66W of the 6th P.M.,Weld County,
Dear Applicant
I have scheduled a meeting with the Weld County Planning Commission on October 16, 2012, at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on November 14,
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.weldcou ntvpl ann i n acases.orq
If you have any questions concerning this matter, please call.
Respectfully,
DReason signedam
ay Krthoroe fth this
Reason:I am theauthor of this document
Location:1555 N 17th Ave
Date:2012.09.26115 5 A7-06'00'
Kim Ogle
Planner
1861 DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
•I ' r GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
�• E-MAIL: kogle@co.weld.co.us
PHONE: (970) 353-6100,Ext. 3549
G 0 FAX: (970)304-6498
July 30, 2012
FRANCISCO RAMIREZ
10085 COUNTY ROAD 31
FORT LUPTON, CO 80621
Subject USR12-0053-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
On parcel(s)of land described as:
LOT A REC EXEMPT RE-2263; Part SE4 Section 9, T2N, R66W 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.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Commission(s)for their review and comments:
Fort Lupton at Phone Number 303-857-6694
Please call the listed Planning Commissions, for information regarding the date, time and place of the
meeting and the review process. It is recommended that you and/or a representative be in attendance at
each of the meetings described above in order to answer any questions that might arise with respect to
your application.
If you have any questions concerning this matter, please call.
Respectfully,
DigRea n:signed a Kristine Ranslehisdcm
Reason:/am the authorofthis document
Lccation:1555 N1 7th Ave
Date:201207.'016:2905-06'00'
Kim Ogle
Planner
FIELD CHECK Inspection Date: October 4, 2012
Case
Number: USR12-0053
Applicant: Francisco Ramirez
APA CHE Field Services, 10085 County Road 31, Fort Lupton, CO 80621
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-2263; being part of the SE4 of Section 9, T2N, R66W of the 6th P.M., Weld
County, Colorado
Location: North of and adjacent to County Road 22; West of and adjacent to County Road 31
Size of Parcel: 10 +/-acres
Zoning Land Use
N agriculture N Agricultural lands
E agriculture E Power line and ditch adjacent to CR 31
S agriculture S Residence and Production Agriculture
W agriculture W Production Agriculture
Comments:
The site is bordered by agricultural uses, which are predominately pasture with sparsely populated
residential development.
CR 31 is a gravel road, access is from CR 31. CR 22 is a two lane heavily travelled road. The site sits
low to both roads.
There is equipment and materials on site with employee? Parking adjacent to fence, perpendicular to CR
22.
I
tIX
Sig a re
❑ House(s) o Outbuilding(s) ❑ Access to Property
o Crop Productions ❑ Site Distance ❑ Oil & Gas Structureso
Utilities On-Site (transmission lines) o Ditch ❑ Topography
Note any commercial business/commercial vehicles that are operating from the site.
Hello