HomeMy WebLinkAbout20112818.tiff • BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jason Maxey, 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: USR11-0004
APPLICANT: Soto Gonzales, do Donn Foster
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for an Oil
and Gas Support Facility(water hauling) and any use permitted as a Use by
Right, an Accessory Use, or a Use by Special Review in the Commercial or
Industrial Zone District (the maintenance and fabrication of new and existing
trucks), provided that the property is not a lot in an approved or recorded
subdivision plat or lots parts of a map or plan filed prior to adoption of any
regulations controlling subdivisions, in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A& Lot B RE-4573; Part N2SW4 Section 1,T5N, R65W of the 6th P.M.,
Weld County, Colorado.
LOCATION: South of and adjacent to Hwy 263(81h Avenue) and 0.5 miles east of CR 47.
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 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
proposed facility lies between the Colorado Department of Transportation Service yard and a
manufacturing facility Marcy Equipment— Farm Machinery and Equipment Manufacturing
Company to the West. Adjacent lands to the south are the Ogilvy Ditch and bottomlands
associated with the Cache La Poudre River corridor. Lands to the north are in agricultural
production. Access is onto County Road 60.5,which is heavily traveled as it is old Highway
263, but it is now under Weld County's jurisdiction.
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 on two lots, Lot A and Lot B of Recorded Exemption, RE-4573 which
consists of 9.03 acres. There are physical improvements located on site and there are plans
to remove all existing structures. 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 North Weld
County Water District.
• EXHIBIT
2011-2818
L AQII-0004
• Resolution USR11-0004
Soto Gonzales, do Donn Foster
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 and Section 23-3-40.R of the Weld County Code provides
for Oil and Gas Support and Service and any use permitted as a use by right, an accessory
use, or a use by special review in the commercial or industrial zone districts . . . (the
maintenance and fabrication of new and existing trucks),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 surrounding properties have large tract agricultural lands to the
North and West,with the Cache La Poudre River and Ogilvy Ditch adjacent to the South and
the CDOT facility adjacent to the North. There are seven (7) property owners on five (5)
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 Evans and Greeley, and
the Town of Kersey. The City of Greeley returned a referral indicating no conflict from
• planning and had several recommendations for the civil engineering components. The City
of Evans and Town of Kersey did not return a referral indicating a conflict with their interests.
E. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code.
The existing site is within a recognized overlay district, including the Special Flood Hazard
Area Overlay District. Portions of the property south of the Ogilvy Ditch are located in the
100-year flood plain of the Cache la Poudre River. Currently,there is no development shown
south of the ditch. As long as the development stays out of the flood plain, a Flood Hazard
Development Permit(FHDP)is not required. If development is proposed in the flood plain,an
FHDP will be required.
The site is not within the 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 designated the soils on this property"Other". The site is a terrace
bordered by County Road 60.5 to the North and the Ogilvy ditch to the south, before drooping
down to the Cache La Poudre River floodplain. The site is bisected by the Ogilvy ditch
rendering half of the site inaccessible and within the riparian corridor of the River. Given this
.
condition, the accessible and lands of the upland terrace currently has little agricultural
production with the exception of the grazing of goats, therefore, the applicant is utilizing the
property for the highest and best use.
• Resolution USR11-0004
Soto Gonzales, do Donn Foster
Page 3
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:
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 USR11-0004 (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 60.5 is designated on the Weld County Road Classification Plan as a
• Collector road, which requires 80 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way.An additional ten(10)feet shall be delineated on the
plat as future County Road 60.5 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) 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)
4) FEMA has recently accepted the 2003 Army Corps of Engineers study as the
effective floodplain for the Poudre River. Please verify that the floodplain boundaries
shown on the plat are based on the 2003 Army Corps of Engineers study. If the
boundaries are based on the September 28, 1982 FIRM, please update the
boundaries. (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 Public Works)
6) The plat should reflect a vehicle tracking control pad.This should consist of 100 feet
of asphalt with double cattle guards. Please find attached our typical (preferred)
option. This should be shown on the plat drawing. (Department of Public Works)
• 7) This land use application is on two separate legal parcels,therefore both Lots A and
B of RE-4573 shall share a joint access point. Minimum width is thirty (30) feet,
fifteen (15) feet each side of property line. (Department of Public Works)
• Resolution USR11-0004
Soto Gonzales, do Donn Foster
Page 4
8) A stop sign will be required to be installed at the facility access onto County Road
60.5. 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)
9) 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)
10) Please change the label from State Highway 263, and show County Road 60.5.
(Department of Public Works)
11) 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)
12) 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 must address the requirements (concerns) of Colorado Division of Water
•
Resources, as stated in the referral response dated August 16,2011. 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 must address the requirements (concerns) of Weld County Department of
Environmental Health, specifically address:
1. 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). (Department of Public
Health and Environment)
2. The applicant shall provide written evidence that any water sources used in the
water hauling operation are from a legal source. (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)
• Resolution USR11-0004
Soto Gonzales, do Donn Foster
Page 5
H. The City of Greeley provided information regarding the Civil drawings associated with this
application and had advisory comments and recommendations specific to the Floodplain and
water quality components of the application. The applicant shall review the information and
use it to address the issues raised accordingly. (City of Greeley)
The applicant shall enter into an Improvements agreement to cover on-site and off-site
improvements and road maintenance. (Department of Public Works and Planning Services)
J. 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. Prior to the Release of Building Permits:
A. 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)
B. Building permits shall be obtained prior to the construction of any structure or change of
•
use of any building. (Department of Building Inspection)
C. A plan review is required for each building. Plans require the wet stamp of a Colorado
registered architect or engineer. (Department of Building Inspection)
D. 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)
E. 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)
F. 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)
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 letter of notification from Fire Protection District having jurisdiction prior to any
new construction. (Department of Building Inspection)
Resolution USR11-0004
Soto Gonzales, do Donn Foster
Page 6
3. 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)
C. The existing septic system must be abandoned in accordance with Section 30-7-70 of the
Weld County Code pertaining to individual sewage disposal systems. (Department of Public
Health and Environment)
4. 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)
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 maps(aco.weld.co.us (Department of Planning Services)
6. 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)
Motion seconded by Nick Berryman.
•
•
Resolution USR11-0004
Soto Gonzales, do Donn Foster
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 October 4, 2011.
Dated the
4'h of October, 2011.
1, ,
t
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
• SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
(Donn and Mary Lee Foster, dba Foster Trucking, Inc.)
USR11-0004
1. The Site Specific Development Plan and Special Review Permit for an Oil and Gas Support Facility
(Water Hauling) and any use permitted as a use by right, an accessory use, or a use by special
review in the commercial or industrial zone districts. . . (the maintenance and fabrication of new and
existing trucks), 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. 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)
8. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit application from the Air Pollution Control Division, Colorado Department of Health and
Environment, if applicable. Alternately, the applicant can provide evidence from the APCD that they
are not subject to these requirements. (Department of 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. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in
accordance with the Rules and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency. (Department of Public Health and Environment)
11. 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)
12. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. (Department of Public Health and Environment)
• 13. 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)
• Resolution USR11-0004
Soto Gonzales, do Donn Foster
Page 9
14. The facility shall utilize the existing public water supply (North Weld County Water District).
(Department of Public Health and Environment)
15. Process wastewater(such as floor drain wastes)shall be captured in a watertight vault and hauled off
for proper disposal. Records of installation, maintenance, and proper disposal shall be retained.
(Department of Public Health and Environment)
16. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code.
17. Access to the site shall be from County Road 60.5 at the location as designated by the approved
Access Permit. (Department of Public Works)
18. 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)
19. 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. A drainage report was not
required for this location as it is located within the 100-year floodplain of the Cache La Poudre River.
The applicant has indicated that the stormwater runoff will follow historic drainage paths. (Department
• of Public Works)
20. 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)
21. The applicant must take into consideration storm water capture/quantity and provide accordingly for
best management practices. (Department of Public Works)
22. Weld County will not maintain on-site drainage related areas or medians. This must be addressed by
the homeowner's association or owner. (Department of Public Works)
23. 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)
24. 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)
25. An annual road inspection will be performed in the spring to establish the condition of CR 60.5 to
determine if any road damage was caused by the operation of the loading facility. (Department of
Public Works)
26. The applicant will be responsible excavate, repair, or patch any damage on the roadway to mitigate
for heavy truck traffic created by the loading facility. The type and method of repair will be determined
• by the Department Public Works. If road damage is beyond repair, the applicant will pay their
proportional share for the reconstruction to restore the road. (Department of Public Works)
Resolution USR11-0004
• Soto Gonzales, do Donn Foster
Page 10
27, Roadways Improvements may be triggered due to heavy truck traffic associated with the facility
including turn lanes; the following is a list of the triggers for turn lanes:
A. 25 vph turning right into the facility during a peak hour.
B. 10 vph turning left into the facility during a peak hour.
C. 50 vph turning right out of the facility during a peak hour. (Department of Public Works)
28. No parking or staging of commercial vehicles on the county road is allowed. Use on-site parking
area. (Department of Public Works)
29. A portion of the property lies in a Special Flood Hazard Area (SFHA) defined by the Federal
Emergency Management Agency (FEMA). This SFHA is delineated on the current effective Flood
Insurance Rating Map(FIRM), panel number#080266-0645O,dated June 10,2005. Portions of lots
located in the current effective FEMA 100-yr floodplain may not be buildable. (Department of Public
Works)
30. Flood hazard development permits will be required for development activities located within the FEMA
mapped Poudre Floodplain. The FEMA definition of development is any man-made change to
improved or unimproved real estate, including by not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and
materials. (Department of Public Works)
31. The installation of any septic system within the 100-year floodplain shall comply with the Weld County
I.S.D.S. Floodplain Policy. In accordance with the State of Colorado I.S.D.S. Regulations, no septic
system shall be installed within the floodway. (Department of Public Works)
• 32. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain
boundaries have been modified. (Department of Public Works)
33. In the event that 1 or more acres are disturbed during the construction and development of this site,
the applicant shall obtain a stormwater discharge permit from the Water Quality Control Division of
the Colorado Department of Public Health and Environment. (Department of Public Works)
34. 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)
35. Weld County shall not be responsible for the maintenance of onsite drainage related facilities.
(Department of Public Works)
36. All structures shall require building permits. (Department of Building Inspection)
37. 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)
• 38. Hours of operation are 6:00AM until 6:00PM 365 days/year. (Department of Planning Services)
39. The number of employees associated with this facility is limited to thirty(30)persons. (Department of
Planning Services)
Resolution USR11-0004
• Soto Gonzales, do Donn Foster
Page 11
40. 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)
41. 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)
42. 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)
43. 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)
44. 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)
45. 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)
46. 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)
47. 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)
48. 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
Resolution USR11-0004
Soto Gonzales, c/o Donn Foster
Page 12
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.
•
Commission. Therefore on Development Standard 12 a sentence should be added "or with all applicable
• State noise statutes and/or regulations".
Jason Maxey moved to add the additional language to Development Standard 12 as presented by staff,
seconded by Benjamin Hansford. Motion carried.
Heidi Hansen, Public Works,stated that County Road 22 is classified as an arterial roadway requiring 140 feet
of right-of-way at build-out. In May 2007, there were 1,012 vehicles per day on that roadway. There is an
approved access onto County Road 22 for the facility. An Improvements and Road Maintenance Agreement
for County Road 22, which will include triggers for the different levels of phasing, will be required.
Ms. Hansen requested that the Items A through E under"Please add the following notes to the plat"on Page 5
be moved to Development Standards and remove Items B and C as they are already development standards.
Alexander Zauder made a motion to move Items A, D, and E to Development Standards,seconded by Robert
Grand. Motion carried.
Ms. Hansen also requested that the handout she submitted be included as Condition of Approval 4 in regard
to the Improvements and Road Maintenance Agreement.
Jason Maxey moved to include a new Condition of Approval 4 and renumber accordingly, seconded by Nick
Berryman. Motion carried.
Cathi Boles, Representative for Encana Natural Gas, Inc., 370 17th Street, Denver,CO,stated that they intend
to implement Phase 1 by the end of this year with the installation of two 16,300 gallon storage vessels on site.
It will require large semis with approximately 10,000 gallons of gas delivering into the storage vessels. Once
it is stored on site, smaller trucks will offload the gas and deliver to the customers.
• As the demand grows, they will get into Phase 2 which is the liquefaction process. Phase 3 will be initially
three(3) large semi-trucks per week delivering the product and then the smaller trucks will deliver gas to the
customers.
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 they have read through the amended Development Standards and Conditions
of Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Robert Grand moved that Case USR-1789, 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.
The Chair read the following case into record.
CASE NUMBER: USR11-0004
APPLICANT: Soto Gonzales, do Donn Foster
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for an Oil
and Gas Support Facility(water hauling)and any use permitted as a Use by Right,
an Accessory Use, or a Use by Special Review in the Commercial or Industrial
Zone District (the maintenance and fabrication of new and existing trucks),
• provided that the property is not a lot in an approved or recorded subdivision plat
or lots parts of a map or plan filed prior to adoption of any regulations controlling
subdivisions, in the A(A ricultural)Zone District.
EXHIBIT 6
c
LEGAL DESCRIPTION: Lot A&Lot B RE-4573; Part N2SW4 Section 1,T5N,R65W of the 6th P.M.,Weld
• County, Colorado.
LOCATION: South of and adjacent to Hwy 263 (8'h Avenue)and 0.5 miles east of CR 47.
Kim Ogle, Planning Services, stated that the site is located within three miles of the City's of Evans and
Greeley, and the Town of Kersey. The City of Greeley returned a referral indicating no conflict from Planning
and had several recommendations for the Civil Engineering components. The City of Evans and Town of
Kersey did not return a referral indicating a conflict with their interests.
The proposed facility lies between the Colorado Department of Transportation service yard and a
manufacturing facility (Marcy Equipment—Farm Machinery and Equipment Manufacturing Company)to the
west. Adjacent lands to the south are the Ogilvy Ditch and Bottomlands associated with the Cache La Poudre
River Corridor. Lands to the north are in agricultural production.
The site is located on two (2) lots, Lot A and Lot B of Recorded Exemption, RE-4573 which consists of 9.03
acres. There are physical improvements located on site and there are plans to remove all existing structures.
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 North Weld County Water District.
The surrounding properties have large tract agricultural lands to the north and west,with the Cache La Poudre
River and Ogilvy Ditch adjacent to the south and the CDOT facility adjacent to the north. There are seven(7)
property owners on five (5) 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.
Eighteen referral agencies have reviewed this case and five 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 County Road 60.5 is classified as a collector roadway with 80 feet of
right-of-way. In 2010, the traffic count was taken between County Roads 47 and 49 which reflects 2,988
vehicles per day. A vehicle tracking pad at the entrance which will consist of 100 feet of asphalt and double
cattle guards was requested. After reviewing the traffic narrative provided by the applicant, the Weld County
Traffic Engineer would like to have an annual road inspection for any damages. The inspection would include
triggers for any improvements that would be necessary to the entrance.
Mary Evett, Environmental Health,stated that water is provided by North Weld County Water District. There is
an existing commercial septic system but the applicant is proposing to install a new septic system and
abandon the existing system.
The applicant indicated that there may be fabrication of the truck beds in the future. Ms. Evett commented that
she included Condition of Approval 1.G.1 in regard to the requirement of an Air Permit if any painting is done;
however she would like to move that to a Development Standard.
Jason Maxey made a motion to move Condition of Approval 1.G.1 to a Development Standard as stated by
staff, seconded by Mark Lawley. Motion carried.
Cameron Knapp, Drexell Barrel Engineering, 6513 W 4th St, Greeley CO stated that the request is for a truck
hauling facility to support the oil and gas industry. The water hauling trucks are basically just parked at this
facility. The trucks are filled off site and transported to various facilities. The plan calls for a single-story
building to house an office area, restroom as well as a shop area for general maintenance and truck repair.
Mr. Knapp indicated that in the future some fabrication will be performed as well.
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.
7
Mr. Ogle requested that Condition of Approval 1.D be deleted as the applicant has submitted an Access
• Permit.
Bill Hall moved to delete Condition of Approval 1.D, seconded by Nick Berryman. Motion carried.
Jason Maxey moved that Case USR11-0004, 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 Nick Berryman.
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 read the last case into record.
CASE NUMBER: USR11-0011
APPLICANT: Todd& Rhonda Amen
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for an Oil
and Gas Support Facility(roust-a-bout,construction and excavating service)in the
A(Agricultural)Zone District.
LEGAL DESCRIPTION: Part NW4 Section 6,T3N, R64W of the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to CR 38; East of and adjacent to CR 49.
Kim Ogle, Planning Services, stated that the property is currently in violation (ZCV11-00041). This violation
was initiated due to the operation of an oil and gas roust-a-bout company and the storage of commercial
vehicles and equipment without first completing the necessary Weld County Zoning Permits.
• The site consists of 80 plus acres with historic use encumbrances. The surrounding properties are primarily
grazing lands with sparsely located single-family homes, oil and gas facilities and County Road 49, a future
major arterial road. There are nine (9) property owners on nine 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.
The Department of Planning Service recommends denial of this application as the applicant has not met the
minimum requirements associated with adequate sanitary and potable water requirements associated with this
proposed use. The application materials indicate that bottled water and port-a-lets will serve the
commercial/industrial facility.
The Division of Water Resources in their referral dated August 18, 2011 states that because the property is
larger than 70 acres the property owner would likely be able to obtain two (2) exempt well permits, one full
domestic permit including outdoor water us and commercial drinking and sanitary well permit. Two permits
could be obtained if each permit were assigned a specific 35 acres or more of the property. The ability of the
property owner to obtain a second well permit for commercial use would be evaluated at the time the well
permit application is submitted to our office.
The Weld County Department of Public Health and Environment in their referral dated September 12, 2011
states"Permanent drinking water and sewage disposal facilities must be provided to employees and drivers
who access the site."
As discussed with the applicant's representative, the property owner does not desire to re-permit their
domestic well or drill a new well for commercial use and provide a restroom in the house for the drivers.
The applicant is requesting that portable toilets, hand sanitizer and bottled water be allowed since the drivers
• are only on the property for short periods to pick up and drop off business vehicles and equipment.
As outlined previously, the proposal as submitted in the application materials is not consistent with County
Policy or consistent to similar land use applications in both employee numbers and intensity of use.
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