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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
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840305.tiff
RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR A PIPE STORAGE YARD AND OIL AND GAS PRODUCTION EQUIPMENT - DALE AND DONNA KIEHN WHEREAS , the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 11th day of January, 1984 , at the hour of 2 : 00 o' clock p.m. in the Chambers of the Board for the purpose of hearing the application of Dale and Donna Kiehn, Route 1 , Box 158 , Berthoud, Colorado 80513 , for a Use by Special Review for a pipe storage yard and oil and gas production equipment on the following described real estate, to-wit: Part of the SE4, Section 4 , Township 4 North, Range 68 West of the 6th P .M. , Weld County, Colorado WHEREAS, Section 24 . 4 . 2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the re- quest of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence pre- sented in the matter, and having been fully informed, finds that this request shall be approved for the following reasons : 1 . The submitted materials are in compliance with the application requirements of Section 24 . 7 of the Weld County Zoning Ordinance. 2 . It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 . 4 . 2 of the Weld County Zoning Ordinance as follows : a. The proposal is consistent with the Weld County Comprehensive Plan. b. The proposal is consistent with the intent of the "A" (Agricultural) Zone District in which it is located. c. The uses which would be permitted will be com- patible with the existing surrounding land uses and with future development of the surrounding area as permitted by the existing zoning. LHR 111 Y LUS:Ps)-1 840305 Page 2 RE: USR - DALE AND DONNA KIEHN d. No overlay districtsaffect the site . e. Use by Special Review Operation and Design Stand- ards, as amended, provide adequate protection of the health, safety and welfare of the neighbor- hood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the application for a Use by Special Review for a pipe storage yard and oil and gas production equipment on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Standards for Use by Special Review be adopted, as amended, and placed on the Use by Special Review plat prior to recording. 2 . No building or electrical permits shall be issued for the Use by Special Review Permit area until the Stand- ards, as amended, for the Use by Special Review have been placed rn the Use by Special Review plat and the plat has been delivered to the Department of Planning Services Office. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of January, A.D. , 1984 . BOARD OF COUNTY COMMISSIONERS ATTEST: t � � WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board Norman Carlson, Chairman By: �� lc Deputy County Clerk a' que ne Joh s n, Pry o Tem APPROVED AS TO FORM: PA/Pi A ,r,i S/ Gene R. Brantner Cif-i e, EXCUSED DATE OF SIGNING - AYE County Attorney Chuck Carlson Jahn T. Martin DAY FILE: January 16 , 1984 AMENDED OPERATION STANDARDS Dale and Donna Kiehn U.S.R. — 601:83:64 1. The uses permitted shall be a pipe yard for oil drillers as described in the application materials on file with the Department of Planning Services. 2. Within 30 days from the date of approval by the Board of County Commissioners, the applicant shall submit evidence that they meet the requirements of the Weld County Individual Sewage Disposal System Regulations. 3. A chain link fence with a minimum of six (6) feet in height shall be constructed and maintained surrounding the Use by Special Review area. The fence shall be kept free of all debris and constructed within 150 days from the date of approval by the Board of County Commissioners. 4. The Use by Special Review area shall be maintained in such a manner so as to prevent soil erosion, fugitive dust and growth of noxious weeds. 5. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 et seq. , of the Weld County Zoning Ordinance. 6. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 7. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Development Standards stated hereon and all applicable Weld County Regulations. 8. The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 9. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. 10. The applicant shall provide sufficient dust abatement along the road directly in front of the residences affected by the truck route to and from the U.S.R. area. HEARING CERTIFICATION DOCKET NO. 83-92 RE: Use by Special Review, Pipe storage yard and oil and gas production equipment, Dale and Donna Kiehn A public hearing was conducted on January 11 , 1984, at 2:00 P.M. , with the following present: Commissioner Norman Carlson, Chairman Commissioner Jacqueline Johnson, Pro-Tem Commissioner Gene Brantner Commissioner Chuck Carlson Commissioner John Martin Also present: Acting Clerk to the Board Mary Reiff Assistant County Attorney, Lee Morrison Planning Department Representative, James Mayerl The following business was transacted: I hereby certify that pursuant to a notice dated December 28, 1983, and duly published in the LaSalle Leader on December 29, 1983, a public hearing was conducted for the purpose of considering the request of Dale and Donna Kiehn for a Use by Special Review for a pipe storage yard and oil and gas production equipment storage. Lee Morrison, Assistant County Attorney, read this request into the record. James Mayerl, representing the Planning Department, read the favorable recommendation of the Planning Commission. Rodger Houtchens, representing Excel Energy Corp.,stated that Excel has leased land from the Kiehns to store pipe for their use only. Discussion was held about the Operation Standards proposed. It was felt that fencing would be necessary around the entire area, rather than on only the North side as indicated in Operation Standard #3. Also discussed was Operation Standard #10, which provided for the road in front of neighboring residences to be watered for dust control. The Board felt that the applicant should be allowed to use the most feasible method for dust abate- ment. W.J. Pearson, chief engineer for Excel Energy,stated that his company has no problem with the proposed Operation Standards, and said his company will work with the residents of the area on dust abatement. Mr. Mayerl recommended that Operation Standard #2 be amended to state that the applicant will submit evidence of meeting the requirements of the Sewage Disposal System Regulations within 30 days of approval by the Board. After further discussion, Commissioner Johnson moved to approve this request for a Use by Special Review with Operation Standards #2, 3 and 10 amended as discussed. The motion was seconded by Commissioner C. Carlson. The motion carried unanimously. APPROVED: n Al1'EST: r I X "ALA/VA, fl:.' '.• +:1DA/ BOARD OF COUNTY COMMISSIONERS f� WELD COUNTY, COLORADO Weld County Clerk and Recorder \ [ w�- and Clerk to the Board - Norman Carlson, Chairman By: << GQ--4.--'c' �\VOptSr—. Deputy County Clerk Ja/quel, eJo s. , Pro-Tem f� J� 0C1elaCeA41 Gene R. Brantner EXCUSED Chuck Carlson TAPE #84-3 DOCKET #83-92 r / 7 �/i Join T. Mlartin LHR 111 DAY FTT,F: January 16, 1984 ATTENDANCE RECORD DATE: ,7annary 11 , 1984 TODAY' S HEARINGS ARE AS FOLLOWS: Docket #83-91 , USR, Production Operators , Inc. Docket #83-92 , USR, Dale & Donna Kiehn Docket #83-93 , USR, Valley Energy, Inc. PLEASE write or print legibly your name, address and the DOCKET # (as listed above) or the applicant ' s name of the hearing you are attending. NAME ADDRESS HEARING ATTENDING r, � �� k1(L L L� 7 / 74 ,') �` l-). , . ; f9 / 7 j -\ L ��. k ,./< ': 4,4./7-- .2 ti. Ye- y 7 . , �� (1_ A7 * /tee—L r G/ 77- iS 1- 'L(T h1 :1 / ' y i - t 17/ (19 '4-7 71:7' ! 'el l/ 2 ,-1; crt 1 1//11 77--- f . l 4/ .)L. . A C_3_t- t� '3 -,.)(7 C'..—de . , ice: i/ a.S '7 / 14S C / I 'L. L14- .-/LQ, _ c, ' al., . * o; 3//S G0C..e ,v, 7 3 //-7 w C )e 7 .1l F.,,lie r,.d/ C0 ,y . • i � „..ter, - f.,',-f7 ' `7 > / S 'je//, „,,, ,, l'{ ✓ -, -, � / - . i AFFIDAVIT OF PUBLICATION THE JOHNSTOWN BREEZE STATE OF COLORADO ) ss COUNTY OF WELD ) I, Clyde Briggs, do solemnly swear that I am publisher of The Johnstown Breeze; that the same is a weekly newspaper printed, in whole orin part, and published Allillin in the County of Weld, State of Colorado, NOMEand has a general circulation therein; that Pursuant to the zoning laws of said newspaper has been published the State of Coloraydo and the continuously and uninterruptedly in said Weld County heriZooning will be Ordinance, heWc, County of Weld for a period of more than a the Chambers of the Board of fifty-two consecutive weeks prior to the County Commissioners of Weld first publication of the annexed legal notice County, Colorado, Weld . ount Centennial Center, 10th or advertisement; that said newspaper has Street,Greeley'Coor ' '"at the time specified Alf pe in any, been admitted to the United States mails as manner interested in se By second-class matter under the provisions of Specialttt e d im y be h are 81�to the Act of March 3, 187 , or any BE IT ALSO KNOWN That the amendments thereof, and that said text and maps so certified by the newspaper is a weekly newspaper duly Weld County bs Planning .com- mission may Cler examinedtohe in thed of qualified for publishing legal notices and ofoe located County advertisements within the meaning of the County Commlaai In the Weld Cou S Centennial' laws of the State of Colorado. Floor,Gn Cen9ter, Color Third That the annexed legal notice or advertise- ment DOCKET NO.d e3, - was published in the regular and ,.LICANT entire issue of every number of said weekly Dale cute t Kiehn newspaper for the period of 7.. consecu- Behr u'd, CO 80513 tive insertions; and that the first DATE: January 11, 1984 publication of said notice was in the issues of TIME: 2:00 P.M. said newspaper dated 4./ A.D. 19... , REQUEST: Use By Special and that the last publication of said notice Review— Pipe storage yard and was in the issue of said newspaper dated oil and gas production equipment , A.D. 19 LEGAL DESCRIPTION In witness whereof/ I have hereunto set ' Part of••he 8Ere rSecttion 4, my hand t�is ....4 day of ,Y"h , We Township the N 8th P. ,g weir A.D. 19..8..` County, Colorado BOARD I COUNTY � CO ONERS ......% 7,ublisher • WELD COUNTY, COLORADO( BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER THEAND CLERK ERK Subscribed and sworn to before me, a BY: Mary Reiff, Deputy Notary Public in and for the County of Wel , tate of Colorado, this .'f.. s-. day of A�D:. December 28, 1983 , :, A.D. 19. �.,f... \ agesthe Jewies S, 1994, m ze y� �11.4T':u'G:GL Sed4-1 NSry Public. My co mission expires ...sled.- 'f4'.... Affidavit of Publication STATE OF COLORADO, County of Weld, 1 �a ' lV I JCS SSe of said County of Weld, being duly sworn, say that I am publisher of that the same is a weekly newspaper of general NOTICE circulation and printed and published in the Pursuant to thezogies,Yws of the!tats.:. i- ( of Colorado and 11w*eld.County zon- lows of w U 1 1 Ing Ordinance,a Pink bearing will be in said county and state: that the notice or other- held in the Cham:866.0 the-Board of 'Moment, of which the annexed is a true o County o, ekrs"of Weld e i County copy. Colorado, Weld SW*, Centennial Con ty has been published in said weekly newspaper Center.915 40th SW*,Greeley.Cob . Q orado.at the time @ginned.all persons for C~Y "�' consecutive in any manner interested In the Use By Special Review are requested to attend weeks: that the notice was published in the and may be heard. regular and entire issue of every number of said BE IT ALSO KNOWN that the text and newspaper during the period and time of publt- maps so certifiedby the County lug Commission maybe examined in the Piano- cation of said notice and in the newspaper Office 0f the Clerk testheBoard af Coon- proper and not in a supplement thereat: that the ty Commissioners.located in that Weld first publication of said notice was contained in County Centennial Center. 915 10th Street,Third FlootAtaeley,Colorado. the issue of said, e newspaper bearing date. th 24day of j/ e c. ' A.D., 19_,3 DOCKET NO.83-92 and the last publication thereof. in the issue of APPLICANT said,newspaper bearing date, the Z 1 - do of Dsle ute I,Ba Kiehn -T Y ,route 1,Boa 158 T1✓C2.t _ , 19a that the said nertnud,CO80513 DATE:January 11,1984 ` . 11 E. \, ea TIME:2:00 P.M. has been published continuously and uninterrupt' REQUEST: Use By Special Review -Pipe storage yard y, eil and gas pra- edly during the period of at least fifty-two con• duction equipment.. secuhve weeks next prior to the first issue thereof LEGAL DESCRIPr1OM containing said notice or advertisement above referred to; and that said newspaper was at the • Part of the SE4.Section 4,Township 4 Noah,Range 68 West of the 6th P.M.. time of each of the publications of said notice, Weld County.Colorado,. duly qualified for that purpose within the mean- ing of an act, entitled. "An Act Concerning Legal BOARD OF COUNTY COMMISSIONERS Notices. Advertisements and Publications, and WELD COUNTY,COLORADO the Fees of Printers and Publishers thereof, and BY:MARYANN FEUEgSTEtN to Repeal all Acts and Parts of Acts in Conflict COUNTY CLERK AND RECORDER with the Provisions of this Act." approved April 7, AND CLERKT'O THE BOARD 1921, and all amendments thereof, and particu- BY:MaryReift,Deputy lady as amended by an act ap roved. March 30, DATED:December is,1983 !92 an act approved M 18. 1931. Published in the La Salle Leader Thursday.December 29,1983. G blisher Subscribed sworn to before me this /y� day of A.D., 19.-a/ c My commission expires 7/—>"--e, -_-'"- Notary Public • • /F/ NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado , Weld County Centennial Center., 915 10th Street, Greeley, Colorado, at the time specified. All persons in any manner interested in the Use By Special Review are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO. 83-92 APPLICANT Dale and Donna Kiehn Route 1, Box 158 Berthoud, CO 80513 DATE: January 11, 1984 TIME: 2 : 00 P.M. REQUEST: Use By Special Review - Pipe storage yard and oil and gas production equipment LEGAL DESCRIPTION Part of the SE4, Section 4 , Township 4 North, Range 68 West of the 6th P .M. , Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: December 28, 1983 PUBLISHED: December 29, 1983 , in the LaSalle Leader / / ,... %,'2, DATE : Decer 'r 28 , 1983 i'O: The Board of County Commissioners Weld County, Colorado ROM: Clerk to the Board Office Commissioners : If you have no objections, we have tentatively set the following hearings for the 11th day of January, 1984 , at 2 : 00 P .M. a' Docket No. 83-91 - Production Operators , Inc. , USR, Natural gas processing plant Docket No. 83-92 - Dale and Donna Kiehn, USR, Pipe storage yard and oil and gas production equipment Docket No. 83-93 - Valley Energy, Inc . , USR, Natural gas processing plant OFFICE OF THE C RK TO THE BOARD <221 BY: //GCT� Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Jack Holman 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: ... aq CASE NUMBER: U.S.R. — 601:83:64 NAME: Dale and Donna Kiehn `ECjry ADDRESS: Rt 1 Box 158, Berthoud, CO 80513 - •<ccLCY. C.iLJ. REQUEST: A Use by Special Review Permit for a pipe storage yard and oil and gas production equipment. LEGAL DESCRIPTION: Part of the SEA, Section 4, T4N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Five (5) miles west of Johnstown; west of Weld County Road 7 and south of Colorado State Highway 60. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 24.3. 1. 1 et seq. of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Weld County Comprehensive Plan; - The proposal is consistent with the intent of the "A" (Agricultural) Zone District in which it is located; - The uses which would be permitted will be compatible with the existing surrounding land uses and with future development of the surrounding area as permitted by the existing zoning; - No overlay districts affect the site; - Use by Special Review Operations and Design Standards provide adequate protection of the health, safety and welfare of the neighborhood and County. The Planning Commission recommendation for approval is conditional upon the following: 1. The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording; 2. No building or electrical permits shall be issued for the Use by Special Review Permit area until the Standards for the Use by Special Review have been placed on the Use by Special Review plat and the plat has been delivered to the Department of Planning Services office. Motion seconded by: Vote: For Passage Against Passage Bill McMurray Jack Holman Lydia Dunbar Doug Graff Paulette Weaver Bob Ehrlich U.S.R. - 601:83:64 male and Donna Kiehn A Use by Special Review Permit for a pipe storage yard and oil and gas production equipment. A Use by Special Review Permit for a pipe storage yard and oil and gas production equipment. December 20, 1983 Page 2 The Chairman declared the Resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of 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 December 20, 1983 and recorded in Book No. VIII of the proceedings of the said Planning Commission. Dated the 20th day of December, 1983. Secretary OPERATION STANDARDS Dale and Donna Kiehn U.S.R. - 601:83:64 1. The uses permitted shall be a pipe yard for oil drillers as described in the application materials on file with the Department of Planning Services. 2. Prior to approval by the Board of County Commissioners, the applicant shall meet the requirements of the Weld County Individual Sewage Disposal System Regulations. 3. A wooden or chain link fence with a minimum of six (6) feet in height shall be constructed and maintained on the north side of the Use by Special Review area in order to visually screen the proposal from existing surrounding land uses. The fence shall be kept free of all debris and constructed within 150 days from the date of approval by the Board of County Commissioners. 4. The Use by Special Review area shall be maintained in such a manner so as to prevent soil erosion, fugitive dust and growth of noxious weeds. 5. -The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 et seq. , of the Weld County Zoning Ordinance. 6. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 7. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Development Standards stated hereon and all applicable Weld County Regulations. 8. The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are -permitted. Any other changes shall be filed in the office of the Department of Planning Services. -9. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. 10. The applicant shall water the road directly in front of the residents affected by the truck route to and from the Use by Special Review Area. Date: December 20, 1983 CASE NUMBER: U.S.R. - -601:83:64 NAME: Dale and Donna Kiehn ADDRESS: Rt 1 Box 158, Berthoud, CO 80513 REQUEST: A Use by Special Review Permit for a pipe storage yard and oil and gas production equipment. I LEGAL DESCRIPTION: Part of the SE1 , Section 4, T4N, R68W of the 6th P.M , Weld County, Colorado LOCATION: Five (5) miles west of Johnstown; west of Weld County Road 7 and south of Colorado State Highway 60. THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASO13S: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services staff that the applicant has shown compliance with Section 24.3. 1. 1 et seq. of the Weld County Zoning Ordinance as follows: The proposal is consistent with the Weld County Comprehensive Plan. - The proposal is consistent with the intent of the "A" (Agricultural) Zone District in which it is located. - The uses which would be permitted will be compatible with the existing surrounding land uses and with future development of the surrounding area as permitted by the existing zoning. - No overlay districts affect the site. - Use by Special Review Operations and Design Standards provide adequate protection of the health, safety and welfare of the neighborhood and County. The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2. No building or electrical permits shall be issued for the Use by Special Review Permit area until the Standards for the Use by Special Review have been placed on the Use by Special Review plat and the plat has been delivered to the Department of Planning Services office. OPERATION STANDARDS Dale and Donna Kiehn U.S.R. - 601 :83:64 1. The uses permitted shall be a pipe yard for oil drillers as described in the application materials on file with the Department of Planning Services. t 2. Prior to approval by the Board of County Commissioners, the applicant shall meet the requirements of the Weld County Individual Sewage Di posal System Regulations. p 3. A wooden fence a minimum of six (6) feet in height shall be constructed and maintained on the north, west and south sides of the Use by Special Review area in order to visually screen the proposal from existing surrounding land uses. Tha fence shall be kept free of all debris and constructed within 90 days from the date of approval by the Board of County Commissioners. 4. The Use by Special Review area shall be maintained in such a manner so as to prevent soil erosion, fugitive dust and growth of noxious weeds. 5. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 et seq. , of the Weld County Zoning Ordinance. 6. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 7. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with 7he Development Stan cards stated herecn and all applicable Weld County _ceguiations. 8. The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 9. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. (: ; ) LAND USE APPLICATION SUMMARY SHEET December 20, 1983 CASE NUMBER: USR-601:83:64 NAME: Dale and Donna Kiehn ADDRESS: Route 1, Box 158, Berthoud, Colorado 80513 REQUEST: A Use by Special Review Permit for a Pipe Yard for Oil Drillers LEGAL DESCRIPTION: Part of the SE1 , Section 4, T4N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: 5 miles west of Johnstown; west of Weld County Road 7 and south of Colorado State Highway 60 SIZE OF PARCEL: 1.5 acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The Criteria for Use by Special Review is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services has received two objections regarding this application. Surrounding property owners have expressed concern over traffic and its impact on the dirt roads in the area. The Planning staff • will propose operation standards addressing these issues. The use proposed is allowed in the "A" (Agricultural) Zone District as a use by special review. FIELD CHECK FILING NUMBER: USR 601:83:64 DATE OF INSPECTION: 12-9-83 NAME: Dale and Donna Kiehn REQUEST: Use by Special Review for a pipe yard for oil drillers LEGAL DESCRIPTION: Part of the Southeast 1/4, Section 4, Township 4 North, Range 68 West LAND USE: N Agricultural Production and single family residence E Agricultural Production and single family residence S Agricultural Production and single family residence W Agricultural Production /ONING: N Agricultural LOCATION: Five (5) miles west of Johnstown; E Agricultural west of Weld County Road 7 S Agricultural W Agricultural COMMENTS: Access to subject site is from Weld County Road 7, a dirt road. Subject site is level. Improvements (this is a violation case) consist of two rows (5 deep) of portable racks holding pipes for oil drilling, 1 small office building, 1 trailer (6' x 15") and 1 outhouse. BY: / J.<-)X) o.. O des R. 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':,tii it i '^t : E ' . 3t O2 • s>r+ t ` ! - U4tl4 .� i {ji # l # a4 ,R - w4 ₹+ i v„ .:e 'c .N4R i } ...... ..._ -z-�` ... y . • #-..,.!.lit ` . ........,. .e/Di_ . ,,,....t).,,,_ 49...4 4 , _ . - -- ;._ . . . _ .....,.... . . _. y 4.;;;',;;•.. .tf i- .., l ;arc ., i .• P • z.iiiiiitiixa; _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _• • - 7:4-17...]. � ' APPLICATION � .. - '�� `-•- 2,:i; n_ r_ l\ ( <- USE BY SPECIAL REVIEW �(! Department of Planning Services, 915 Tenth Street, Greele1jry'�VcdiclAdiD8 1983 Phone - 356-4000 - Ext. 400 ,l - J/ Case Number C�_CR Cre. I '3 - Li y Date Received ;geld Ca. Mamma Commission Application Checked by . / 191 Application Fee /5 St ( er l, Receipt Numb . - `j , Recording Fee /f, „-cr. Receipt Number '1 TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we) , the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the pro- posed Special Review Permit of the following described unincorporated area of Weld County Colorado: 13' acre in the LEC/L DESCRIPTION OF SPECIAL REVIEW PERMIT AREA EiSEySE1/4 Section 4 T N, Rub W LEGAL DESCRIPTION of contiguous 'property owned upon which Special Review Permit is proposed: SE Section 4 _P 4 N, R 68 W Property Address (if av(ailablge) PRESENT ZONE qh r,c f,, (4-(A.(61-4 OVERLAY ZONES 0,�;p�/ TOTAL ACREAGE /1. PROPOSED LAND USE pipe yard for oil drillers EXISTING LAND USE farm storage SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Name: DALE D. KIEHN and DONNA KIEHN Address:Rt. 1, Box 158 City Berthoud. m Zip 80513 Home Telephone # 587-2156 Business Telephone # Name: Address: City zip Home Telephone 4 1,asiness Telephone Name Address: City Zip Home Telephone if Business Telephone # APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Address: City Zip Home Telephone # Business Telephone # Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the Weld County Assessor's Office: Name: Dale D. Kiehn and Donna M. Kiehn Address: loute 1, Box 158 City Berthoud, OD 80513 zip Name: Hazel Carlson,c/o Berthoud National Bank Address: City Berthoud, CO Zip 80513 Name: Address: City Zip I hereby depose and state under the penalities of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD STATE OF COLORADO ) ignatur . ner or Authorized Agent Subscribed and sworn to before me this18th day of November 19�_• CO SEAL ?ih -7 1�Tz0/R 9t1i Avenue, Greeley, CO 80631 February 14, 1987 My commission expires STATEMENT IN SUPPORT OF APPLICATION FOR SPECIAL USE BY EXCEL ENERGY CORPORATION Excel Energy Corporation (Excel) is engaged in the pro- duction of oil and gas. It is the owner of many oil and gas leases in Weld County, Colorado covering thousands of acres. Many of the leases it holds are located in the vicinity of Section 4 , Township 4 North, Range 68 West of the 6th P.M. In connection with its drilling operation and with the operation of the gas and oil wells which have been completed, Excel Energy requires an inventory of supplies to be available to them in the near vicinity. Excel located a parcel of land which was suited to their needs upon land owned by Dale Kiehn and Donna A. Kiehn who granted Excel a two year lease on the following described real property, to wit: All of that of the Southeast Quarter (SEa) of Section 4 , Township 4 North, Range 68 West of the 6th P.M. in Weld County, Colorado, more particularly described as follows: Beginning at the SE Corner of the said Section 4 thence along the South line of said Section 4 , West 597 feet; thence parallel with the east line of said SEa of Section 4 , North 159 feet; thence obliquely to the South line of said Section 4 to the East line of the Southeast Quarter (SEa) of Section 4 ; thence along said East line South 112 feet to the point of beginning containing in all 1. 55 acres. The lease with Dale Kiehn provides at the end of the two year lease, the lease will be renegotiated. The area which was selected is on the Southeast corner of Section 4 . There is located on the land which was leased an old labor house. The labor house would have been suitable for grain storage. The house was cleaned and painted and it is the intention of Excel to use the structure as an office. Electric lines will be extended to the house as soon as a building permit is granted. Whatever heat is needed in the house will be supplied by electricity. A telephone has been installed at this location. The yard will be fenced by a three strand barbed wire fence. Entry to the area will be through a substantial steel gate. The area will be used to stockpile pipes of all sizes. Also some trucks and motor vehicles will be parked in the area when not in use. In addition to the house above described there is upon the premises an "outhouse" privy which will be all that is needed for use by Excel employees. There will be no full time employee on duty at the pipe yard. Employees will be on the premises at intermittent periods to unload or obtain pipe from the yard for their operations in the field. 2. FORMER USE OF PROPERTY. The area where the pipe yard is located is currently dryland. There will be little change in the use of the property. The leased area will not occupy any land which was irrigated by the Kiehns. The area was dryland and last planted to wheat. Prior to use by Excel the area went to weeds. 3. FUTURE DEVELOPMENT OF AREA. Currently the land around the site is devoted to agribulture with some producing gas and oil wells. Excel would 'not anticipate that there would be any commercial development in the area. The area should remain such as it is today, i. e. , family farms and gas and oil production. Just how long Excel will be exploring for gas and oil in the area is not known, however, it is believed that they will be developing mineral resources and producing their properties for several years. 4. DESCRIPTION OF PROPOSED OPERATION. (a) The corporation will use the site for storage of pipe and drilling supplies and occasional motor vehicle storage. (b) Dale D. Kiehn and Donna M. Kiehn residence is located 430 feet to the north of the proposed site; other residences are located as follows : - 2 - House, barn and farm yard - approximately 1000 feet south owned by Edith Louise Carlson Shea, et al. ,( Assessor' s number 106104000003) House and farm yard southeast approximately 342 feet owned by Henry R. Sauer, (Assessor 's number 106110000027) ; Dairy buildings - approximately 5000 feet north owned by William R. Saulcy, (Assoessor' s number 106104000017) ; Structures owned by Little Thompson Valley Water District. (c) Number of Shifts and Maximum Employees . Maximum number of employees at the pipe yard at any one time would be three. They would be there for two to three hours a day. (d) Maximum Number of Users, Patrons , etc. The pipe yard will be principally for use of Excel . On occasion Excel contract with sub-contractor who would pickup pipe and supplies at the yard. (e) Animals. There will be no animals located at this site. (f) Structures on the Premises. Excel will construct a security fence around the pipe yard and a light pole will be installed. Portable pipe racks are used. No ther structures are contemplated. (g) Type, Size, Weight and Frequency of Vehicular Traffic, Route Utilized. The pipe stored at the facility is normally brought in upon flatbed trucks not to exceed 100,000 pounds. Trucks would come into the area from the south over County Road #7 which is a gravelled road. (h) Domestic Sewage Facility. No water will be upon the premises. An outhouse which is currently on the premises will be used by the employees. (i) Size of Stockpile, - Storage and waste area. Eight racks of tubular goods will be on the premises. No manufacturing will be done on the premises. There will be little waste and refuse. - 3 - (j ) Methods and Removal of debris, junk and other waste. All waste will be removed once a week by a trash service. (k) Time Table for Construction. It is estimated that it will take four days to construct a fence around the premises and to install light poles. No other construction is planned at this time. Vapor lights will be used to luminate the area. (1) Reclamation Procedures at Termination of the lease. All pipe, racks, storage bins, if any, will be removed. The fence around the premises will be removed at the landlords request. (m) Fire Protection: Since the storage upon this property is largely tubular steel no special measures for fire protection have been taken. • - 4 - t REFERRAL LIST APPLICANT: Dale and Donna Kiehn CASE NUMBER: USR-601:83:64 SENT REFERRALS OUT: November 28, 1983 REFERRALS TO BE RECEIVED BY December 12, 1983 m m z z cn o (E o z H z H H qd ti 0 H-C Al U U z O U O Q O W H 5 W �i W 5 of O U O W 0 U O P'. W U W o z P.4 a 0 0 En z z County Attorney (plat only) Ed Reichert Planning Commission Member _ Weld County Health Department 19279 Weld County Road 17 X XX Johnstown, Colorado 80534 Engineering Department XX \/ Fort Collins Soil Conservation ---- County Extension Agent X Service , 2625 Redwing Road _ Colorado Geological Survey Fort Collins, Colorado 80526 1313 Sherman Street _ Room 703 Denver, Colorado 80203- Berthoud Fire Protection X District P.O i . Box 121 275 Mountain Avenue Berthoud, Colorado 80513 — Consolidated Home Supply Ditch 1650 West 8th Street State Engineer Loveland, Colorado 80537 Division of Water Resources 1313 Sherman St. , Room 818 Denver, Colorado 80203 State Highway Department 1420 2nd Street Greeley, Colorado 80631 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 r ®RAn®uri ■ O To James Mayerl, Planning Date December 6, 1983 _ A)f COLORADO From Ron Stow, Environmental Health Cu subject: USR-601:83:64 Kiehn pipe yard Our comments are as follows: 1. The existing outhouse must meet the requirements of the Weld County Individual Sewage Disposal System Regulations (e.g. 1,000 gallon capacity sealed vault, overflow alarm, is a fly proof structure, etc.) 2. The requirements of the Colorado Noise Abatement Act, C.R.S. 25-12-101 et. seq. must be maintained. RS/jkm enc. I ul 7 1963 Weld Co. Planning ionimission r MAILING LIST USA 601 Dale and Donna Kiehn Pete Borba Gary Borba 23850 Weld County Road 7 Loveland, CO 80537 William Saulcy Box 127 Encampment, WY 82325 Little Thompson Valley Water District c/o Lovilo Fagan, Secretary 342 Mountain Avenue Berthoud, CO 80513 Reuben and Margaret Brehm 1704 Garfield Loveland, CO 80537 Edith Louise Carlson Shea 910 Olive Street Denver, Co 80220 Grommon Farms Inc. c/o Philo D. Grommon Rt. 1 22860 WCR 5 Berthoud, CO 80513 Walter and Anneliese Zimmerman Henry Zimmerman Rt. 1, Box 161 Berthoud, CO 80513 Henry Sauer Rt. 1 Johnstown, CO 80534 Vernon and Mary Jesser 22934 Weld County Road 7 Berthoud, CO 80513 DETERMINATIONS TO BE MADE BY THE BOARD OF COUNTY COMMISSIONERS ON USE BY SPECIAL REVIEW REQUESTS 24.4.2 The Board of County Commissioners shall hold a public hearing to consider the application and to take final action thereon. In making a decision on the proposed Use by Special Review, the Board shall consider the recommendation of the Planning Commission, and from the facts presented at the public hearing and the information contained in the official record, which includes the Department of Planning Services case file, the Board of County Commissioners shall approve the request for the Special Review Permit unless it finds that the applicant has not met one or more of the standards or conditions of Sections 24.2.2, 24.5 (design standards) and 24.6(operation standards) . The applicant has the burden of proof to show that the standards and conditions of 24.4. 2, 24.5 (design standards) and 24.6 (operation standards) are met. The applicant shall demonstrate: 24.4.2. 1 That the proposal is consistent with the Weld County Comprehensive Plan. 24.4.2.2 That the proposal is consistent with the intent of the district in which the USE is located. 24.4.2.3 That the USES which would be permitted will be compatible with the existing surrounding land USES. 24.4.2.4 That the USES which would be permitted will be compatible with the future DEVELOPMENT of the surrounding area as permitted by the existing zone and with future DEVELOPMENT as projected by the COMPREHENSIVE PLAN of the COUNTY or the adopted MASTER PLANS of affected municipalities. 24.4.2.5 That the applicatio❑ complies with the Weld County Zoning Ordinance, Section 50, Overlay District Regulations if the proposal is located within any Overlay District Area identified by maps officially adopted by Weld County. 24.4.2.6 That if the USE is proposed to be located in the A-District , that the applicant has demonstrated a diligent effort has been made to conserve productive agricultural land in the locational decision for the proposed USE. 24.4.2.7 That there is adequate provision for the protection of the . health, safety and welfare of the inhabitants of the NEIGHBORHOOD and the COUNTY.
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