HomeMy WebLinkAbout20113110.tiff • BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Mark Lawley,that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR11-0015
APPLICANT: A. C. TRUCKING LLC
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Special Review Permit for an
Oil and Gas Support Facility (water hauling, construction and
excavating company), in the A (Agricultural Zone District.
LEGAL DESCRIPTION: Lot A RE-2609; Part E2NW4 Section 22, T2N, R66W of the 6th
P.M., Weld County, Colorado.
LOCATION: South of and adjacent to CR 20; approximately 0.25 miles east of
CR 31.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code,
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
• applicable code provisions or ordinance in effect. Section 23-2-220.A.1.A.Policy 7.1. states
"County land use regulations should support commercial and industrial uses that are directly
related to, or dependent upon, agriculture, to locate within the agricultural areas, when the
impact to surrounding properties is minimal, or can be mitigated, and where adequate
services are currently available or reasonably obtainable." The roust-a-bout,construction and
excavating service facility is presently in limited 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 business is screened from public rights of way and adjacent properties to
the west and south. A three strand barb wire fence exists at the perimeter and the access is
gated. Lands surrounding this facility are in pastureland for the grazing of livestock and/or
are utilized for rural residential development. The parcel immediately adjacent to the South
has a Special Use Permit, USR-1568 approved on December 27, 2006 for an office and
storage building for materials used by oil and gas operations.
Section 22-2-20.6.2 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-2609 which consists of 4.68
acres with physical improvements located on site which will be utilized in future operations.
The surrounding properties are primarily grazing lands with sparsely located single family
homes, and oil and gas facilities. The applicant is proposing an on-site septic system and the
water will be provided by an individual commercial well. The well permit number 74761-F
dated January 21, 2011 allows for the use of ground water for irrigation, domestic, and
commercial use including a 5000 SF garage and truck depot.
EXHIBIT 2011-3110
I eB
U &n-GO 16
• Resolution USR11-0015
A C TRUCKING LLC
Page 2
B. 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.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. As previously indicated, the site is bordered by agricultural uses,
which are predominately pasture with sparsely populated residential development. There are
four(4)property owners on (5) parcels within 500 feet of this proposed facility. There are two
residences on five(5)parcels within 2640 feet of the facility. Staff has not received telephone
calls, letters or electronic mail for this land use proposal. Development Standards and
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 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 did
not return a referral.
E. Section 23-2-220.A.5 -- The site does not lie within any Overlay Districts. The site is not
within the Airport, Flood Hazard or Geologic Hazard Overlay District, however the site is
within the County-wide Road Impact Fee and the County Facility Fee and Drainage Impact
Fee area.
• Effective April 25, 2011, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance
2011-2)
F. Section 23-2-220.A.6 --The applicant has demonstrated a diligent effort to conserve prime
agricultural land for the proposed use. The U.S.D.A. Soils Maps of Prime Farmlands of
Weld County dated 1979 indicate that the soils on this property as "prime if irrigated"
however, there is no irrigation water associated with the parcel. Given that the 4.68 acre
parcel contains improvements, the applicant is utilizing the property for the highest and best
use.
G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
• A. The plat shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of
Planning Services)
• Resolution USR11-0015
A C TRUCKING LLC
Page 3
B. All sheets of the plat shall be labeled USR11-0015 (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 vehicles and equipment, construction materials and the trash
dumpster associated with this facility shall be screened from adjacent properties,
including the public rights-of-way. (Department of Planning Services)
3. County Road 20 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)
4. The business will utilize the existing access from County Road 20. Adequate
(minimum 60 foot)truck turning radiuses is required at the access. Please show the
existing access on the Plat and label it with the approved Access Permit number(will
be provided). (Department of Public Works)
• 5. 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)
6. A stop sign will be required to be installed at the facility access onto County Road 20.
The access will have 60 foot radius to accommodate the larger trucks entering and
existing the site, as well as, a double cattle guard tracking pad improvement.
(Department of Public Works)
7. The plat should reflect 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)
8. 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)
D. The applicant shall submit to the Department of Public Works an Access Permit for the
property. Evidence of an approved access shall be submitted to the Weld County Department
of Planning Services. (Department of Public Works)
E. The applicant shall enter into an improvements and road maintenance agreement for this
project. The applicant will be responsible for providing dust control in front of homes along
the haul route and for any road damages attributed to hauling from the property
F. The applicant shall submit a Lighting and 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)
• Resolution USR11-0015
A C TRUCKING LLC
Page 4
G. The applicant must address the requirements (concerns) of Weld County Department of
Building inspection, specifically address the change of use for each structure located on the
property, as stated in the referral response dated August 31,2010. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Building Inspection)
H. The applicant shall address the concerns of the Division of Water Resources as stated in
their referral dated September 21,2011. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services. (State Engineers Office)
The applicant must address the requirements (concerns) of Fort Lupton Fire Protection
District, as stated in the referral response dated October 10,2011. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services
J. The applicant must address the requirements (concerns) of Weld County Department of
Environmental Health, specifically address:
1. The applicant shall submit a dust abatement plan, detailing on site dust control
measures and how water is provided for dust control, for review and approval,to the
Environmental Health Services, Weld County Department of Public Health &
Environment. (Department of Public Health and Environment)
2. In the event washing of vehicles will occur on site the applicant shall ensure that any
• vehicle washing area(s) shall capture all effluent and prevent discharges from the
washing of vehicles in accordance with the Rules and Regulations of the Water
Quality Control Commission, and the Environmental Protection Agency. Vehicle
washing areas should be designated on the plat. (Department of Public Health and
Environment)
3. The water for truck filling must be obtained from a legal source. The applicant shall
provide written evidence that any water source used in the water hauling operation is
from an approved source. (Department of Public Health and Environment)
4. 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:
a) A list of wastes which are expected to be generated on site (this should
include expected volumes and types of waste generated).
b) A list of the type and volume of chemicals expected to be stored on site.
c) 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 October 11, 2011. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Department of
Public Health and Environment)
K. The applicant shall enter into an Improvements agreement to cover on-site and off-site
improvements and road maintenance. The applicant will be responsible for providing dust
• control in front of homes along the haul route and for any road damages attributed to hauling
from the property. 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)
• Resolution USR11-0015
A C TRUCKING LLC
Page 5
L. 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)
2. 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 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. 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 dhuerteraco.weld.co.us. (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 sixty (60) days from the date the Board of County Commissioners
approval was signed a $50.00 recording continuance charge may be added for each additional 3
month period. (Department of Planning Services)
5. A minimum of one month prior to commencement of Construction Activities
• The applicant shall submit evidence of a Colorado Discharge Permit System (CDPS) permit
from the Colorado Department of Public Health and Environment(CDPH&E),Water Quality
Control Division, to cover stormwater discharges from construction sites(5 CCR-1002-61).
Alternately, the applicant can provide evidence from CDPH&E that they are not subject to the
CDPS requirements. (Department of Public Health and Environment)
6. 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. Building permits shall be obtained prior to the construction or change of use of any building.
Buildings shall conform to the requirements of the codes adopted by Weld County at the time
of permit application. Each building will require an engineered foundation based on a site-
specific geotechnical report or an open hole inspection performed by a Colorado registered
engineer Provide a notification letter of approval from Fire Protection District having
jurisdiction prior to new construction. (Department of Building Inspection)
C. Building permits shall be obtained prior to the construction of any structure or change of use
of any building. (Department of Building Inspection)
D. A plan review is required for each building. Plans require the wet stamp of a Colorado
registered architect or engineer. (Department of Building Inspection)
• Resolution USR11-0015
A C TRUCKING LLC
Page 6
E. Buildings shall conform to the requirements of the codes adopted by Weld County at the time
of permit application. Current adopted codes include the 2006 International Residential Code;
2006 International Building Code; 2006 International Mechanical Code; 2006 International
Plumbing Code;2006 International Fuel Gas Code;2006 International Energy Conservation
Code; 2008 National Electrical Code and Chapter 29 of the Weld County Code. (Department
of Building Inspection)
F. Each building will require an engineered foundation based on a site-specific geotechnical
report or an open hole inspection performed by a Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer. (Department of Building
Inspection)
G. Fire resistance of walls and openings, construction requirements, maximum building height
and allowable areas will be reviewed at the plan review. Setback and offset distances shall be
determined by the Weld County Code. (Department of Building Inspection)
H. 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)
• I. Provide letter of notification from Fire Protection District having jurisdiction prior to any new
construction. (Department of Building Inspection)
6. Prior to the Issuance of the 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)
B. 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 and Environment)
Motion seconded by Bill Hall.
•
• Resolution USR11-0015
A C TRUCKING LLC
Page 7
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
• Colorado, adopted on November 1, 2011.
Dated the 1st of November, 2011.
2,6;6 Imii7417,6,12th
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
• SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
(Eliseo Alcantar, dba AC Trucking, LLC.)
USR11-0015
1. The Site Specific Development Plan and Special Review Permit for an Oil and Gas Support Facility
(roust-a-bout, construction, 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. (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 emissions, blowing debris, and other potential nuisance conditions. (Department
of Public Health and Environment)
6. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
• (Department of Public Health and Environment)
7. Any vehicle washing area(s)shall capture all effluent and prevent discharges from drum washing and
the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control
Commission, and the Environmental Protection Agency. (Department of Public Health and
Environment)
8. 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)
9. 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)
10. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. (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. Adequate toilet facilities (portable toilets) and hand washing units shall be provided during the
construction of the facility. (Department of Public Health and Environment)
13. Bottled water shall be utilized for drinking during construction of the project. (Department of Public
Health and Environment)
•
Resolution USR11-0015
• A C TRUCKING LLC
Page 9
14. 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)
15. 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)
16. 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. (Department of Public Health and
Environment)
17. 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)
18. This application is proposing a well as its source of water. The applicant should be made aware that
while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water
Resources,the quantity of water available for usage may be limited to specific uses, i.e.domestic use
only, etc.Also,the applicant should be made aware that groundwater may not meet all drinking water
standards as defined by the Colorado Department of Public Health and Environment. We strongly
encourage the applicant to test their drinking water prior to consumption and periodically test it over
• time. (Department of Public Health and Environment)
19. Access to the site shall be from County Road 20 at the location as designated by the approved
Access Permit. (Department of Public Works)
20. 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. (Department of Planning Services)
21. 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)
22. Weld County shall not be responsible for the maintenance of onsite drainage related facilities.
(Department of Public Works)
23. All structures shall require building permits. (Department of Building Inspection)
24. 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)
25. Hours of operation are 24 hours/day, 365 days/year. (Department of Planning Services)
• 26. The number of employees associated with this facility is limited to twenty-four(24)persons,as stated
in the application materials. (Department of Planning Services)
Resolution USR11-0015
• A C TRUCKING LLC
Page 10
27. 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)
28. 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)
29. 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)
30. This area is not in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency
Management Agency (FEMA). (Department of Public Works)
31. 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)
32. 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)
• 33. 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)
34. Necessary personnel from 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. (Department of
Planning Services)
35. 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)
36. 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)
37. 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.
Resolution USR11-0015
• A C TRUCKING LLC
Page 11
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning;flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved"out of the way"of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size(twice
the size of the State of Delaware)with more than three thousand seven hundred(3,700)miles of state
and county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County,and the distances which must be traveled may delay all emergency responses, including
• law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock,and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
•
/1—l--ZoiI
Commissioner Maxey noted that according to the visual map it appears that there is a large chunk taken out of
ill an irrigated pivot. He inquired how many acres are being taken out of production. Mr. Parko replied that 34.6
acres will be taken out of production. He added that Mr. Sharp owns all of the property around this parcel as
well and intends to continue to use the center pivot on site for agricultural production.
Mr. Carroll requested to delete Items A and B on Page 5 under"Please add the following notes to the plat". In
addition, he requested to move Items C and D to Development Standards and renumber accordingly.
Jason Maxey moved to delete Items A and B and move Items C and D to Development Standards as stated
by staff, seconded by Bill Hall. Motion carried.
Bob Harrison, Construction Management Systems,3500 E. 156th Ave, Brighton,CO,stated that he represents
Steve Sharp and the construction of his shop facilities. Mr. Sharp is an Over-the-Road, Oversized Equipment
Hauler involved extensively in the oil and wind industry. He does occasionally haul grain trailers as well. This
site will be used for the temporary storage of his trailers as they are load specific trailers.
Commissioner Maxey asked if there were any comments with regard to the opposition from the surrounding
property owner. Mr. Harrison said that after Mr. Parko sent him the opposition letter he went to talk to the
landowner; however he did not notice any activity on the site. He returned the following day and noticed that
all the vehicles were gone. He added that he has not been able to make contact with them but will continue to
try and alleviate any concerns they may have.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The Chair asked the applicant if he read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that he is in agreement.
$ Robert Grand moved that Case USR11-0013, be forwarded to the Board of County Commissioners along with
the amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Benjamin Hansford.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Robert Grand, yes; Bill Hall, yes; Alexander Zauder, yes; Jason Maxey, yes; Benjamin
Hansford, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
Commissioner Maxey commented that he doesn't like to see that many acres being taken out of prime
irrigated ground; however after noting that the same property owner owns the surrounding land he was in favor
of Mr. Sharp doing what he wants to do with his business and property.
Robert Grand left the meeting at 3:24 pm.
The Chair read the last case into record.
CASE NUMBER: USR11-0015
APPLICANT: A. C. TRUCKING LLC
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Special Review Permit for an
Oil and Gas Support Facility (water hauling, construction and
excavating company), in the A(Agricultural Zone District.
LEGAL DESCRIPTION: Lot A RE-2609; Part E2NW4 Section 22, T2N, R66W of the 6th
P.M., Weld County, Colorado.
LOCATION: South of and adjacent to CR 20; approximately 0.25 miles east of
CR 31.
II Kim Ogle, Planning Services, stated that the site is located within three miles of the City of Fort Lupton who did
not return a referral indicating a conflict with their interests.
EXHIBIT 9
C
The site is Lot A of a Recorded Exemption, RE-2609 which consists of 4.68 acres with physical improvements
located on site which will be utilized in future operations.
The roust-a-bout, construction and excavating service facility is presently in limited operation on site and is
located in an area that allows good access to the oil field. The business is screened from public rights-of-way
and adjacent properties to the west and south. A three-strand barb wire fence exists at the perimeter and the
access is gated. Lands surrounding this facility are in pastureland for the grazing of livestock and/or are
utilized for rural residential development. The parcel immediately adjacent to the south has a special use
permit, USR-1568 approved on December 27, 2006 for an office and storage building for materials used by oil
and gas operations.
The U.S.D.A Soils Map of Prime Farmlands of Weld County dated 1979 indicate that the soils on this property
as "Prime If Irrigated". However, there is no irrigation water associated with the parcel. The applicant is
proposing an on-site septic system and the water will be provided by an individual commercial well.
There are four(4) property owners on five (5) parcels within 500 feet of this proposed facility. There are two
residences on five(5)parcels within 2640 feet of the facility. Staff has not received telephone calls, letters or
electronic mail for this land use proposal.
Eleven referral agencies have reviewed this case and four offered comments, some with specific conditions.
The Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
Heidi Hansen, Public Works, stated that County Road 20 is classified as a local roadway, requiring 60 feet of
right-of-way at build out. In June 2011, there were 84 vehicles on that roadway. The applicant will be using
8 the existing access from County Road 20. A tracking pad with adequate turning radius, Road Maintenance
and Dust Control Agreement will be required because there is so much traffic expected. The site is on a
gravel home and there are neighboring homes. Public Works will work with them on establishing a haul route.
Mary Evett, Environmental Health, stated that a new engineered designed septic system will be installed for
the shop, office building expansion as well as a proposed residence. If the septic system has the capacity to
serve 20 or more persons then the system will require a classified injection well permit.
Water will be provided by an individual well and it is approved for both commercial and domestic uses. In the
referral dated September 21, 2011 from the Division of Water Resources, the well permit will expire January
21, 2012 unless the applicant requests an extension or well completion pump installation reports are
submitted. Any water used for truck hauling must be from an approved source. The applicant needs to
provide evidence that any water used for hauling is from a legal source.
Ms. Evett stated that the applicant needs to submit an on-site dust abatement plan for the Health Department
to review.
Eliseo Alcantar stated that his operation will mainly be trucking. He is contracted by A&W Water Service to
haul water and bring it out to the oilfield sites. This property will be used as a parking facility for his trucks.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Jay Pointer, 15104 CR 20, lives west from the proposed site. Mr. Pointer said that he is not sure how 12 trucks
along with the equipment, a septic system and all of the proposed buildings will fit on 5 acres. His immediate
concern is with dust prevention and dust control. Mr. Pointer stated that he has a 6 year old daughter with
asthma and the dust is a great concern. He is also concerned with the request of 24 hour 365 day service.
He doesn't see the need for it and it is a concern with his family. Additionally he would like to know what the
I plan is on the timeline for getting the trucks in and the shop built.
Gabriela Ramirez, 15336 CR 20, asked if Public Works will be providing dust control and to what extent. Ms.
Hansen clarified that Public Works does not provide the dust control; however there will be an agreement with
10
the applicant and they will hold collateral for them to provide the dust control. Ms. Ramirez stated that she
$ plans to construct a home on her property and is also concerned with her asthma and the dust.
Mr.Alcantar said that he plans to operate 24 hours because he does run during the day and night as stated in
his contract. He added that right now during the day they can run Monday through Friday, but during the night
he is scheduled to run Monday through Sunday.
The Chair asked about the timeframe on construction of the buildings. Mr. Alcantar said it will depend on
funding but hopes to start construction in the next six (6) to twelve (12) months.
The Chair asked on the anticipated timeframe for getting up to 25 employees. Mr.Alcantar said that may not
have that many employees for up to 10 years down the road. He added that he doesn't foresee an increase
with the employees within the next year.
Commissioner Hansford asked what the age of the vehicles used to haul the equipment are. Mr.Alcantar said
that they range from 1998 to 2006. Mr. Hansford asked if there was any special noise suppression on these
trucks. He expressed concern for the neighbor when Jake Brakes are used. Mr.Alcantar said that he will set
rules with his employees regarding the noise concerns.
The Chair asked the applicant if he read through the Development Standards and Conditions of Approval and
if he is in agreement with those. The applicant replied that he is in agreement.
Mark Lawley moved that Case USR11-0015, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, seconded by Bill Hall.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
S Berryman, yes with comment; Robert Grand, absent; Bill Hall, yes with comment; Alexander Zauder, yes;
Jason Maxey, yes; Benjamin Hansford, yes; Mark Lawley,yes;Tom Holton,yes. Motion carried unanimously.
Commissioner Berryman encouraged the applicant to stay in touch with his neighbors and try to do what you
can to be helpful to them. He wished the applicant a successful business.
Commissioner Hall asked that the applicant be cognizant of his neighbor's rights to enjoy their property as
well.
The Chair asked the Planning Commission members if there was any new business to discuss. Tom Parko,
Planning Services, presented the 2012 Planning Commission hearing dates.
Joyce Smock was introduced as the new Planning Commission member for District 1.
Meeting adjourned at 3:51 pm.
Respectfully submitted,
in
Kristine Ranslem
Secretary
II
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