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HomeMy WebLinkAbout20113111.tiff INVENTORY OF ITEMS FOR CONSIDERATION AppLicawt Eliseo Alcantar Case Nvv bev USR11-0015 AC Trucking, LLC Sub✓kitted or Prepared Prior to At f-Yeavtwg I-toy-Li/LS 1 sta f f Covwvuevtts X Departk evtt of PLR nva, 2 services Field Check Forest. PLawwiw.a Covu<vu.issorter FieLd Check Form. Letter to AppLicavtt Affidavit of siUo.postirts LegaL NotifLcatiovs V 2 Application. X maps Deed/ Easevvewt certificate surrouwdlwy Propevtu / mi,vveral Owrvers httilities \, 3 Referral List X R.eferraLs without cohkokertt X Weld County Code Compliance, referral dated September 13, 2011 Weld County Sheriff's Office, referral dated September 17, 2011 N, Weld County School District, RE-8, referral dated September 14, 2011 4 Referrals with cotAvvtevts X State of Colorado, Division of Water Resources, referral dated September 21, 2011 Weld County Department of Public Health and Environment, referral dated October 11, 2011 Weld County Department of Public Works, referral dated October 11, 2011 Fort Lupton Fire Protection District, referral dated October 10, 2011 V 5 PC ExhauLts a ,.744,E ,( i&dw.Ader et-Th.hea4 EXHIBIT X _I__ 2011-3111 (ARM-00 0 I herebej certifj that the 4 items idewtifi.ed hereiw were submitted to the Departvtkewt of Plawwiwg .Services at or prior to the scheduled Plawwiwg commissiowers ken riwg. I Kivu C 'e ❑ Plawwer • 1861 - 2011 LAND USE APPLICATION WEL L O NTY Y SUMMARY SHEET Case Hearing Date: November 1, 2011 Number: USR11-0015 Applicant: Eliseo Alcantar AC Trucking, LLC, 15294 County Road 22, Fort Lupton, CO 80621 Request: 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. Legal Description: Lot A RE-2609; being part of the E2 NW4 Section 22, T2N, R66W of the 6th P.M., Weld County, Colorado Location: South of and adjacent to County Road 20;Approximately 0.25 miles East of County Road 31 Size of Parcel: 4.68 +1-acres Parcel#:1309-22-0-00-056 • POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies with comments: • State of Colorado, Division of Water Resources, referral dated September 21, 2011 • Weld County Department of Public Health and Environment, referral dated October 11, 2011 • Weld County Department of Public Works, referral dated October 11, 2011 Fort Lupton Fire Protection District, referral dated October 10, 2011 The Department of Planning Services' staff has received responses from the following agencies without comments: • Weld County Code Compliance, referral dated September 13, 2011 Weld County Sheriff's Office, referral dated September 17, 2011 • Weld County School District, RE-8, referral dated September 14, 2011 The Department of Planning Services' staff has not received responses from the following agencies: • City of Fort Lupton • Platte Valley Soil Conservation District • State of Colorado, Division of Wildlife EXHIBIT Weld County Department of Building Inspection • USR11-0015,AC Trucking,LLC,PAGE 1 1 1 RI1-0o&5 18 6 I - 2 0 1 1 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW WEL _�CO NTY Planner: Kim Ogle Case Hearing Date: November 1, 2011 Number: USR11-0015 Applicant: Eliseo Alcantar AC Trucking, LLC, 15294 County Road 22, Fort Lupton, CO 80621 Request: 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. Legal Description: Lot A RE-2609; being part of the E2 NW4 Section 22, T2N, R66W of the 6th P.M., Weld County, Colorado Location: South of and adjacent to County Road 20;Approximately 0.25 miles East of County Road 31 Size of Parcel: 4.68 +/-acres Parcel#:1309-22-0-00-056 , THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS. 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services'staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 23-2-220.A.1.A.Policy 7.1. states "County land use regulations should support commercial and industrial uses that are directly related to, or dependent upon, agriculture, to locate within the agricultural areas, when the impact to surrounding properties is minimal, or can be mitigated, and where adequate services are currently available or reasonably obtainable." The roust-a-bout, 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. USR11-0015,AC Trucking, LLC,PAGE 2 • Section 22-2-20.B.2 A.Policy 2.2 states: "Allow commercial and industrial uses, which are directly related to or dependent upon agriculture, to locate within agricultural areas when the impact to surrounding properties is minimal or mitigated and where adequate services and infrastructure are currently available or reasonably obtainable. These commercial uses should be encouraged to locate in areas that minimize the removal of agricultural land from production." The site is Lot A of a Recorded Exemption, RE-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. 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. USR11-0015,AC Trucking, LLC,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 Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. The plat shall be prepared per Section 23-2-260.D of the Weld County Code.(Department of Planning Services) B. All sheets of the plat shall be labeled 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 41of Planning Services. (Department of Public Works) USR11-0015,AC Trucking,LLC, PAGE 4 • 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) 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: 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). 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 ID Public Health and Environment) USR11-0015,AC Trucking,LLC,PAGE 5 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) 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 dhuertera7a.co.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 A. 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) USR11-0015,AC 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) 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) USR11-0015,AC Trucking,LLC,PAGE 7 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT 411 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) USR11-0015,AC Trucking, LLC,PAGE 8 • 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) USR11-0015,AC Trucking,LLC,PAGE 9 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. USR11-0015,AC Trucking.LLC, PAGE 10 • 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, sand burs, 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. • USR11-0015,AC Trucking,LLC,PAGE 11 11 194 I-• DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 liDC WEBSITE:-MAIL: www.co.weld.co.us E-MAIL: k353-6100,Ext. 9 PHONE: (970)353-6100, Ext. 3549 FAX: (970) 304-6498 COLORADO October 13, 2011 Jackie Crespo AC Trucking, LLC 15294 CR 20 Ft. Lupton CO 80621 Subject: USR11-0015 - 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 On parcel(s)of land described as : PT E2NW4 22-2-66 LOT A REC EXEMPT RE-2609 (.32R)of the 6th P.M., Weld County, Colorado. Dear Applicant: I have scheduled a meeting with the Weld County Planning Commission on November 1, 2011, at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on December 7, 2011 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, • 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at www.weldcou ntypla nningcases.orq If you have any questions concerning this matter, please call. Respectfully. Df ^ Reasollyn: signed a Kristine rf this om ','�ry',^,,',/'IQ_ Reason: signed rofdocument Ransle Location:1555 N 17th Ave Date:2011.10.13 11:25:01-06'00' Kim Ogle Planner • PLANNING COMMISSION AND BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE • THE LAST DAY TO POST THE SIGN IS OCTOBER 21, 2011. THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN/ FIFTEEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING AND THE BOARD OF COMMISSIONERS HEARING FOR 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 [ELISEO ALCANTAR, DBA AC TRUCKING, LLC] Kim Ogle Name of Person Posting Sign t. r , • Sign re f Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD ) In The foregoing instrument was subscribed and sworn to me this I /day of > , 2011 WITNESS my hand and official seal. \:\.. otary Public Np: BO `� My Commission Expires: t-1i)` • EXHIBIT S1-A 031.2 - fI'coF� I •.11r.: r1 ' "La, .I.• •mss.... _ , !�.C a•.'� X.' _• r. .•!w ."� � r+ a, f ,,}-, I.s 1.1 `.,k- - .f 1.1!., . '! - yam' 1 .‘ *' 1 I �, %... •� ` 1t r ,. Y.. f -.'• . (/����,t.:l .t`1 Imo' :1 '� . - N. Ir., • 4/1; ua Pr(A ' i'" �I '�.' L �, • ' • _ •� = r r • Z 't. (1) _ w o Q C 1 O� o, v J M 0 i ~ / • , i z • n V W C1 , _ =/ ' y • Q a� Q • ' MM D c co 0L �- �- '° - f� ! 1 r o ° 0 a c '-y co Z O ® _ U Q c • _ (I r • . 0 0 10 03 all m c0 a) W z c ,� - _ .• LE "' 3 `' ' • 000 = WI a) N �� 0 ° 3 • • . ; aUU 3 Z � = c Q � ' y _ �1_ C c it usi I Q .--. C 0 Q N I O CU CO �,:No, ►, .c U 0 — E z Q vEa aL Q E 0 - I > • E , E • -• a)0:„. • c .?: 10 L >M 0 w w ` U c ° ;. � UW Q � C U E o \\,.....1- c p c 10 N Z Q OD ....I. 0.• 1.... CO (i) 1 co tisolii a. < i •• a) 0 jilt_ L ara co u. �„ a ' W a `_\ . , y ,..-"I i - • x4.4 C. .4. ; •a idiera. ate. ,�, c. .I ` • .! rms-."f/f fir, • •- .. ..:1:.- - -.�- - 1, �, ` �'i, "`tar' �ti S, - R '��_1. j _ mss• - r � �_ \ \ 1i a,. +. r •/- . y. . • • i,• 1 12/5/2011 0 Illiglit- - _ 1 _ I t. l 4 • - , , i �_ .; 11/21: 4 t '� . 1. y , . iew from East into site Nifissasi' mli 4,0 - A i • ! t - lief - , •'. 4 1 .1I M- r < 4 ! r i ' ; , k. #.03/41 I View to West on County Road e 11 12/5/2011 0 r. . V VI. - , eW.o `r . h. 0 I r , i -mow M .. 7�+.. _ . - -. , . - • ISSN la 1 . i♦ A 1R NCKOI ..20 ilk ic Fr n _ W - — a r. o - - . - 1 a :. Gated Access Drive to Property I 12/5/2011 0 13/40 I 1 . • -A. C . TRUCKING.LLC 1(5294 W .C .R - 20 mei FT. .P 0 - i *�' ti It Ci . i •iii;er,N• n ti i / 1 lip 1.1or,7:1; F • e • _ ` •�. lC� _ /. ;e- S! 1� 1 4 1. ' • 0 1 r I i Ma ill _. Art =- , ______ - - 4 "s- 0•, ; 4 ' .1., View to South - ill 12/5/2011 le t. r. ice\ _`� r. ,• --` -iv . r;,.,�- t `lI 1 - __ �'a ,f• .<< , ' I'of 4 . t �f' r ifwi I i !!�N I; 1.pi, - t : ```. IsCjalike P' '• .. . . 0. V titre z Adjacent Resid$nce to West , I -4._ - re.•t• p`~?"'+''••. .- ' - `-1.aliee_ — _ _ r • 1104 a ►a i ' d .a. t ,Ty-i• _ r 11, FIELD CHECK Inspection Date: September 30, 2011 • Case Number: USR11-0015 Applicant: Eliseo Alcantar AC Trucking, LLC, 15294 County Road 22, Fort Lupton, CO 80621 Request: 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. Legal Description: Lot A RE-2609; being part of the E2 NW4 Section 22, T2N, R66W of the 6th P.M., Weld County, Colorado Location: South of and adjacent to County Road 20; Approximately 0.25 miles East of County Road 31 Size of Parcel: 4.68+/- acres Parcel #:1309-22-0-00-056 Zoning Land Use N AGRICULTURE N RANGELAND WITH OIL AND GAS _E AGRICULTURE E PASTURELAND WITH OIL AND GAS S AGRICULTURE S ROUST-A-BOUT BUSINESS WITH RESIDENCE W AGRICULTURE W SINGLE FAMILY RESIDENCE Comments: The roust-a-bout, construction and excavating service facility is presently in limited operation on site. • 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. There is a flat bed non- commercial grade trailer located on site and materials are located to the South of the existing structure Access is from the all weather County Road into the site via a two track road, predominately packed soil without road base based on visual inspection. There is also a sign identifying the property as AC Trucking, LLC. One structure, a metal skinned building with roll-up doors facing East is present. Currently no other structures exist, but are planned for future. 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 applicant was Pedro Saucedo. r. Sign ❑ House(s) ❑ Non-commercial junkyard : Miscellaneous Materials, Flatbed Trailer ❑ Outbuilding(s) ❑ Site Distance o Access to Property o Oil&Gas Structures • Note any commercial business/commercial vehicles that are operating from the site. AC Trucking, LLC. is presently in limited operation on site • 1 8 6 1 - 2 Olt DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970)304-6498 WELD COUNTY u September 13, 2011 Eliseo Alcantar 1592 Conestoga Trail Ft. Lupton CO 80621 Subject: USR11-0015 - Request for 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 on a parcel of land described as PT E2NW4 22-2-66 LOT A REC EXEMPT RE- 2609 (.32R)of the 6th P.M., Weld County, Colorado. Dear Applicant: Your application and related materials for the request described above are being processed. I will • schedule a meeting with you to discuss the referrals after we have received them. Once the concerns and requirements of the referral agencies have been met or the applicant has shown an attempt to meet their concerns and requirements, a Planning Commission Hearing will be scheduled. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Ft. Lupton Planning Commission for their review and comments. Please call Ft. Lupton at 303-857-6694 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Ft. Lupton Planning Commission meeting to answer any questions the Commission members may have with respect to your application. If you have any questions concerning this application, please call. Respectfully. /\ Digitally signed by Kristineof this om ^yyyy'l�/v�{� Reason: theby KrisrneRanslemdocument Location:1555 N 17th Ave Date:2011.09.13 09:06:07-06'00' Kim Ogle Planner • 1861 - 2011 MEMORANDUM TO: Kim Ogle, Planning Services DATE: September 9, 2011 W E L 1 C O NT Y FROM: Heidi Hansen, P.E., Public Works Department SUBJECT: 7-Day Completeness Review—AC Trucking I have reviewed the 7-Day Completeness Review. Public Works shall be looking for five critical items: ➢ Site Plan — Submitted ➢ Traffic Study—Not Required— Estimate Submitted ➢ Preliminary Drainage Report—Full Report Not Required— Water Quality Area Submitted ➢ Geotechnical Report—Not Required ➢ Flood Hazard Development Standards—Not in a FEMA Floodplain This phase of the planning process is a content review of the submitted materials, NOT a technical review. Comments made during this phase of the process will not be all-inclusive. The Public Works Department will perform a detailed technical review of the project once the submittal application is deemed acceptable and is promoted to the review phase of the planning process. • Public Works has adequate information to review this submittal. pc: 7-Day Completeness, AC Trucking • U:\Referrals\7-Day Completeness WC Trucking'AC Trucking 7-Day.docx . 7-Day Completeness Review PRE-APPLICATION MEETING NOTES: See Attached Applicant: A.C. Trucking, LLC, do Jackie Crespo Case#: Pending USR- 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: Part E2NW4 Section 22, T2N, R66W of the 6th P.M Weld County, Colorado Location: South of and adjacent to County Road 22, approximately 0.25 Miles East of County Road 31 Size of Parcel: 4.68 +/-acres Parcel Number: 1309-22-0-00-056 RETAIN PACKET AS ENTIRE APPLICATION ❑ Public Works ❑ Health ❑ Building ❑ Planning Narrative: 15295 CR 20 • Comments: Weld County records does not indicate permits for a steel structure, a building permit will be required for this structure to used for a business. 1. A building permit is required for the change of use or construction or alteration of any structure. An application and building permit is required for each structure. 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. 2. 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. Frank Piacentino Plans Examiner Weld County building Inspection • Hello