HomeMy WebLinkAbout20113098.tiff • BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Robert Grand, 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: USR11-0010
APPLICANT: Jeffery Reck
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Special Review Permit for an
Oil and Gas Support Facility(roust-a-bout,excavating and port-a-let
service) in the A (Agricultural) Zone District
LEGAL DESCRIPTION: SE-1015; Part NW4NW4 Section 12, T4N, R66W of the 6th P.M.,
Weld County, Colorado.
LOCATION: South of and adjacent to CR 48; 0.25 miles east of CR 35.
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, Excavating and
Pod-a-let 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 seed production, agriculture, including the Miller Feedlot to the
North and near oil and gas encumbrances.
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 a Subdivision Exemption parcel of 2.81 acres with historic use
encumbrances, including a single family dwelling and a large metal skinned outbuilding.The
U.S.D.A. Soils Maps of Prime Farmlands of Weld County dated 1979 indicate that the soils
on this property as "prime". There is no irrigation water associated with the parcel. The
surrounding properties are primarily in agricultural production or part of the Miller Feedlot.
The applicant is proposing an on-site septic system and the water will be provided by an
individual commercial well. The Division of Water Resources in their referral dated
September 14, 2011 stated" . . . permit no. 286507 may be utilized for drinking and sanitary
facilities for a commercial business. Water from the well cannot be used for lawn or
landscape irrigation or for any other purpose outside of the business building structure. This
• would prohibit the use of water for equipment washing (including portable toilets) or dust
suppression."
EXHIBIT 2011-3098
11-0010
Resolution USR11-0010
Jeffery Reck
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. The property currently is in violation, (COMP11-00092)was noted.
This complaint was initiated due to the operation of Waste Logistics, LLC and associated
commercial storage, without the necessary Weld County Zoning Permits. This case has not
yet been presented to the Board of County Commissioners through the Violation Hearing
process. Since the applicant has submitted this application while the case is still in the
complaint status, no investigation fee is required. This complaint was received through
Public Works. 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 commercial
storage and operations shall be removed from the property within 30 (thirty) days.
Additionally, if denied by the Board of County Commissioners please request this violation
case be referred to the County Attorney's Office with a delay of legal action for the 30(thirty)
days mentioned above.
There are four (4) property owners on (4) parcels within 500 feet of this proposed facility.
There have been no letters or electronic mail received and no telephone calls received for
this land use proposal. Development Standards and Conditions of Approval will ensure that
this use will be compatible with surrounding land uses.
• 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 Greeley and Town's of
LaSalle and Milliken. The City of Greeley did not return a referral and the Towns of LaSalle
and Milliken returned a referral indicating no conflicts with their interests.
E. 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)
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 designated the soils on this property"prime", however, given that
the 3.12 acre parcel contains the improvements from the historic use agricultural, 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.
•
• Resolution USR11-0010
Jeffery Reck
Page 3
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The plat shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of
Planning Services)
B. All sheets of the plat shall be labeled USR11-0010 (Department of Planning Services)
C. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
2) County Road 48 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)
• 3) The applicant has supplied the Road Access Permit form. Pictures at the entrance
have been supplied as a part of the application. Our Traffic Engineer will evaluate the
Access Permit Application and accompanying documents. Show the approved
access on the plat and label it with the approved access permit number(AP11-#).
This will be provided when a revised application form and supporting documents are
received per the access permit application requirements.
4) 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)
5) All off-street parking spaces, including the access drive shall be surfaced with
recycled asphalt gravel and shall be graded to prevent drainage problems and
delineated on the plot plan map. (Department of Public Works)
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)
D. The applicant shall submit water quality calculations needed to determine the size of the
water quality feature. Please contact Public Works for assistance in determining the size
of the water quality feature that will be needed. (Department of Public Works)
E. 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)
• Resolution USR11-0010
Jeffery Reck
Page 4
F. The applicant must address the requirements (concerns) of Weld County Department of
Environmental Health, specifically address:
1. The applicant shall provide a written statement to the Weld County Environmental
Health Services regarding withdrawal of the solid waste transfer station from the
USR application. (Department of Public Health and Environment)
2. The applicant shall submit a dust abatement plan, detailing on site dust control
measures, for review and approval, to the Environmental Health Services, Weld
County Department of Public Health & Environment. (Department of Public Health
and Environment)
3. 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)
4. Plans for the operations and associated structures for the portable toilet washout
area shall be submitted, for review and approval, to Environmental Health Services
Division of the Weld County Department of Public Health & Environment. The
portable toilet washout area shall capture all effluent and prevent discharges from
the washing of portable toilets. Portable toilet washout area and associated
• structures should be designated on the plat. (Department of Public Health and
Environment)
5. The applicant shall submit evidence of an Aboveground Storage Tank permit from
the Colorado Department of Labor and Employment(CDL&E), Oil Inspection Section
for any aboveground 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 and Environment)
6. 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 and Environment)
7. Burning used oil generated by the facility for space heating in a company owned oil
burner is allowed and is APEN and permit exempt by the state air pollution
regulations. However, since the oil changes are performed at an off-site commercial
repair shop, and there is the potential for other used oil sources to
be mixed with the company's used oil, the company must have this potentially non-
exempt practice reviewed for permitting by the Colorado Department of Health and
Environment, Air Pollution Control Division (APCD) before any such used oil is
burned. If applicable, the applicant shall submit evidence of an Air Pollution
Emission Notice (A.P.E.N.) and Emissions Permit application from the APCD.
Alternately, the applicant can provide evidence from the APCD that they are not
subject to these requirements. (Department of Public Health and Environment)
•
• Resolution USR11-0010
Jeffery Reck
Page 5
8. Address the concerns of the Division of Water Resources as stated in their referral
dated September 14, 2011. Evidence of such shall be submitted to Weld County
Environmental Health Services. (Department of Public Health and Environment)
9. 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:
1) A list of wastes which are expected to be generated on site (this should
include expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed (including
the facility name, address, and phone number). (Department of Public
Health and Environment)
G. 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)
H. 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)
I. 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 dhuerterco.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. Prior to the Release of Building Permits:
A. If more than 1 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 CDPHE
stormwater permit. (Department of Public Works)
• Resolution USR11-0010
Jeffery Reck
Page 6
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; 2008 National Electrical Code; 2006 International Mechanical
Code;2006 International Plumbing Code: 2006 International Energy Code;2006 International
Fuel Gas Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County
Code. (Department of Building Inspection)
D. All building plans shall be submitted to the LaSalle Fire Protection District for review and
approval prior to issue of building permits, (Department of Building Inspection)
E. A building permit shall be obtained prior to the construction of any new building. (Department
of Building Inspection)
F. Construction of a new building is proposed. Building permits shall be obtained prior to
starting. A plan review is required for each building or structure for which a building permit is
• required. Two complete sets of plans are required when applying for each permit. Include a
Code Analysis Data sheet for the Weld County Building Department for each structure that
requires a permit. Submittal plans shall include a floor plan showing the specific uses of each
area for the building. Plans shall bear the wet stamp of a Colorado Licensed Architect or
Engineer(Department of Building Inspection)
G. Building height shall be measured in accordance with the 2006 International Building Code
for the purpose of determining the maximum building size and height for various uses and
types of construction and to determine compliance with the Bulk Requirements from Chapter
23 of the Weld County Code. Building height shall be measured in accordance with Chapter
23 of the Weld County Code in order to determine compliance with offset and setback
requirements. Offset and setback requirements are measured to the farthest projection from
the building. (Department of Building Inspection)
H. Provide evidence to the Weld County Department of Public Health&Environment that a well
has been appropriately permitted and installed to provide for potable water and sanitary use
for the facility. (Department of Planning Services)
Motion seconded by Bill Hall.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
• Alexander Zauder
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
• Resolution USR11-0010
Jeffery Reck
Page 7
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.
Kristine Ranslem
Secretary
•
•
SITE SPECIFIC DEVELOPMENT PLAN
• SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Jeffery Reck, dba Waste Logistics, LLC
USR11-0010
1. The 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, 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 &
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 & 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 & Environment)
6. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
• (Department of Public Health & Environment)
7. Burning used oil generated by the facility for space heating in a company owned oil burner is allowed
and is APEN and permit exempt by the state air pollution regulations; however, in the event the
burning of other sources of off-site generated used oils is to be conducted, the company must have
this potentially non-exempt practice reviewed for permitting by the Colorado Department of Health and
Environment Air Pollution Control Division before any such oil is burned. (Department of Public Health
& 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 & 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 &
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 & 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 & Environment)
12. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's)and volatile
organic compounds(VOC's). All chemicals must be stored secure,on an impervious surface, and in
accordance with manufacturer's recommendations. (Department of Public Health & Environment)
•
Resolution USR11-0010
• Jeffery Reck
Page 9
13. Any portable toilet washout area shall capture all effluent and prevent discharges from the washing of
the portable toilets. The effluent shall be captured in a watertight tank and hauled off for proper
disposal. Records of installation, maintenance,and proper disposal shall be retained. (Department of
Public Health & Environment)
14. The applicant shall comply with all provisions of the State Aboveground Storage Tank Regulations.
(Department of Public Health & Environment)
15. The Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times.
(Department of Public Health & Environment)
16. If applicable,the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Department of Public Health &
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 & 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 & Environment)
19. Access to the site shall be from County Road 48 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. There is an existing concrete loading
pad. Utilize the existing access and departure points. (Department of Planning Services)
21. Weld County shall not be responsible for the maintenance of onsite drainage related facilities.
(Department of Public Works)
22. All structures shall require building permits. (Department of Building Inspection)
23. 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)
24. Hours of operation are 7:00 AM until 7:00PM Monday through Sunday. (Department of Planning
Services)
25. The number of employees associated with this facility is limited to Ten (10) persons, as stated in the
application materials. (Department of Planning Services)
• 26. 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)
Resolution USR11-0010
• Jeffery Reck
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. 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)
29. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases, diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
30. Weld County will not maintain on-site drainage related areas or medians. This must be addressed by
the homeowner's association or land owner. (Department of Public Works)
31. The applicant is required to comply with all Colorado Department of Health and Environmental
(CDPHE) regulations regarding berming and spill prevention for materials and liquids stored on site.
(Department of Public Works)
32. The applicant is required to comply with all Colorado Department of Health and Environment, Water
Quality Control Division regulations regarding storm water quality permitting and protection and
• construction storm water discharges. (Department of Public Works)
33. This area IS NOT in a Special Flood Hazard Area(SFHA)as determined by the Federal Emergency
Management Agency (FEMA). (Department of Public Works)
34. 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)
35. 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)
36. 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)
37. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
38. 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)
•
Resolution USR11-0010
• Jeffery Reck
Page 11
39. 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)
40. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness,wildlife, lack of city noise and congestion,and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning;flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
• visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved"out of the way"of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware)with more than three thousand seven hundred(3,700)miles of state
and county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
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.
•
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oil and gas industries. He said that he initially built the house and shop and lived there. He added that he was
• not aware that he needed a land use permit to operate his business from there. He said that they operate 5 to
6 days a week and stores the business vehicles there. Mr. Devoe stated that he no longer lives at this site.
He added that the home is utilized as an office facility only. Most of the guys come in the morning to get their
trucks and leave for the day. He further added that there is typically no more than three or possible four
people throughout the day. Mr. Devoe indicated that they are in the process of having an engineer come out
to evaluate the septic system.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The Chair asked the applicant if he read through the Development Standards and Conditions of Approval and
if they are in agreement with those. The applicant replied that he is in agreement.
Jason Maxey moved that Case USR11-0002, 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 Mark Lawley.
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.
The Chair called a recess at 2:35 pm and reconvened the meeting at 2:46 pm.
The Chair introduced the next case into record.
CASE NUMBER: USR11-0010
• APPLICANT: Jeffery Reck
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Special Review Permit for an
Oil and Gas Support Facility(roust-a-bout, excavating and port-a-let
service) in the A (Agricultural) Zone District
LEGAL DESCRIPTION: SE-1015; Part NW4NW4 Section 12, T4N, R66W of the 6th P.M.,
Weld County, Colorado.
LOCATION: South of and adjacent to CR 48; 0.25 miles east of CR 35.
Kim Ogle, Planning Services, stated that the property is currently in violation, (COMP11-00092) as the
violation was initiated due to the operation of Waste Logistics, LLC and associated commercial storage
without the necessary Weld County Zoning Permits. This case has not yet been presented to the Board of
County Commissioners through the violation hearing process.
The site is located within three miles of the City of Greeley and the Towns of LaSalle and Milliken. The Towns
of LaSalle and Milliken returned referrals indicating no conflict with their interests and the City of Greeley did
not return a referral.
The roust-a-bout,excavating and port-a-let service facility is presently in operation on site and is located in an
area that allows good access to the oil field. The entire business is screened from public rights-of-way and
adjacent properties. Lands surrounding this facility are in seed production, agriculture, including the Miller
Feedlot to the north and near oil and gas encumbrances.
The U.S.D.A Soils Maps of Prime Farmlands of Weld County dated 1979 indicate that the soils on this
property as "Prime". 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 four parcels within 500 feet of this proposed facility. There have been
no letters or electronic mail received and no telephone calls received for this land use proposal.
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Fourteen referral agencies have reviewed this case and six 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.
Don Carroll, Public Works, stated that access is from County Road 48 which is classified as a local gravel
road. Staff requested that the approved Access Permit Number be placed on the plat prior to recording.
There is a retention pond drainage facility on site in the southwest corner. Staff requested that this be labeled
on the plat as a"No Build/No Storage Area" as well.
Mr. Carroll said that access from County Road 48 to Highway 85 has a sight distance problem;therefore they
are recommending that all trucks go back to the west to County Road 35 and then can go either north or south
to access onto Highway 85.
Mary Evett, Environmental Health, stated that the existing septic system on the property was reviewed by an
engineer and was found to be inadequate. She added that it was located under the drive and trucks were
running over it. Therefore the applicant is proposing to install a new engineered designed septic system.
The existing well has been re-permitted for commercial use; however the commercial permit only allows water
to be used for sanitary and drinking purposes. The well cannot be used for dust control, lawn irrigation or any
other purpose.
Ms. Evett requested to amend Condition of Approval 1.F.8 to read "Address the concerns of the Division of
Water Resources as stated in their referral dated September 14, 2011. Evidence of such shall be submitted
to Weld County Environmental Health Services."
Robert Grand moved to amend Condition of Approval 1.F.8 as stated by staff,seconded by Alexander Zauder.
Motion carried.
• The applicant provides a portable toilet service and is currently licensed through Weld County as a septic
cleaner. The sewage is taken to the City of Greeley Wastewater Treatment Plant. Staff requested that the
applicant submit plans for the operation and associated structures for the portable toilet wash-out area.
The applicant initially proposed to add a solid waste transfer station on the property; however the applicant told
Ms. Evett that they plan to withdrawn this transfer station proposal. Therefore, staff has requested that they
provide written evidence of such.
Ms. Evett stated that Development Standard 12 may be removed since the well has been re-permitted for
commercial use.
Robert Grand moved to delete Development Standard 12, seconded by Nick Berryman. Motion carried.
Jeffery Reck, 17240 CR 48, stated that he has a roll-off dumpster and portable toilet service for oil and gas
companies. This area will be used for storage of this type of equipment.
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 USR11-0010, 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 Bill Hall.
• 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.
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