HomeMy WebLinkAbout20210020.tiffPlanner:
C. Gathman
Case Number: USR20-0024
Applicant:
Representative:
Request:
Legal
Description:
LAND USE APPLICATION
SUMMARY SHEET
Ensign United States Drilling, Inc.
Hearing Date: December 15, 2020
Michael McDaniel — Landmark Builders, Inc.
A Site Specific Development Plan and Use by Special Review Permit for an Oil and
Gas Support and Service Facility for Parking and maintenance of exploration,
production or workover equipment (Outside Storage of Oil and Gas Vehicles and
Equipment) in the A (Agricultural) Zone District
Lot A Recorded Exemption RECX12-0042; a Part of the NW4 of Section 18, T4N,
R64W of the 68'" PM, Weld County, Colorado
Location: East of and adjacent to County Road 49 and +s -approximately 700 -feet south of
County Road 46.
Size of Parcel:
± 9.442 acres Parcel No. 1053-18-2-00-011
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 referral responses with comments from the
following agencies:
F Weld County Department of Public Health and Environment, referral dated October 1, 2020
y Weld County Department of Public Works, referral dated September 25, 2020
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
"t/ "t/ "t/
Weld County Zoning Compliance, referral dated September 10, 2020
Colorado Parks and Wildlife, referral dated September 12, 2020
Weld County Sheriff's Office, referral dated September 11, 2020
Colorado Department of Transportation, referral dated September 12, 2020
Platte Valley Fire Protection District, referral dated September 10, 2020
Weld County School District RE -7, referral dated September 10, 2020
The Department of Planning Services' staff has not received responses from the following agencies:
y Greeley -Weld Airport Authority
y West Greeley Conservation District
USR20-0024 — Ensign United States Drilling, Inc.
Page 1
Planner:
C. Gathman
Case Number: USR20-0024
Applicant:
Representative:
Request:
Legal
Description:
Location:
Size of Parcel:
Case Summary:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Ensign United States Drilling, Inc.
Hearing Date: December 15, 2020
Michael McDaniel — Landmark Builders, Inc.
A Site Specific Development Plan and Use by Special Review Permit for an Oil and
Gas Support and Service Facility for Parking and maintenance of exploration,
production or workover equipment (Outside Storage of Oil and Gas Vehicles and
Equipment) in the A (Agricultural) Zone District
Lot A Recorded Exemption RECX12-0042; a Part of the NW4 of Section 18, T4N,
R64W of the 68'" PM, Weld County, Colorado
East of and adjacent to County Road 49 and is approximately 700 -feet south of
County Road 46.
± 9.02 acres Parcel No. 1053-18-2-00-011
The proposal is for an oil and gas support and service facility for outside storage of vehicles and equipment.
The site will consist of equipment storage and vehicle parking for up to 120vehicles. This laydown yard is
being operated in conjunction/support of an oil and gas support operation located to the north (MUSR12-
0010 for shop buildings, fuel tanks, company truck and storage areas along with ten (10) onsite employees
and up to 110 off -site employees) operated by Ensign. This proposed USR is accessed via the MUSR12-
0010 site. This proposed storage yard is located on a separate property and was never permitted under a
separate USR. Currently both properties are owned by Ensign and therefore an access easement across
the north property to access this site is not required. However, upon sale of either lot an access easement
will be required,
The application indicates that the laydown yard is utilized for storage of dewatering pumps, frac tanks, work
over rigs, truck trailers, semis and other small oil field equipment. There are two (2) cargo containers on -
site (one that is used as a lean-to and another to store weather sensitive parts. The site will be operational
twenty-four (24) hours a day, seven (7) days a week. The application states that there will be maximum
forty (40) users of the site. There will be minimal traffic from outside visitors and consultants. The applicant
is requesting that no screening of the site be required and has contacted nearby surrounding property
owners for their input regarding whether or not screening should be required. These responses have been
included with the application materials. The Department of Planning Services has attached a condition of
approval requiring screening based on this being an outside storage use of industrial type equipment.
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:
USR20-0024 — Ensign United States Drilling, Inc.
Page 2
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 22-2-30 Land Use Goals
Section 22-2-30.A.1. Land use changes should not inhibit agricultural production nor
operations.
This facility is not located on land that is in agricultural production.
Additionally, the facility is located on property delineated as
"Other" per the per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The site is also located on
bottomlands near a natural draw
Section 22-2-30.C. Harmonize development with surrounding land uses.
A landscape and screening plan and lighting plan are required to
address impacts associated with this use on surrounding land
uses and to mitigate impacts to travelling public on the County
Highway (County Road 49).
Sec. 22-2-4g.A.5. Encourage agglomeration economies of synergistic businesses.
This use is adjacent to and will support existing oil and gas support
businesses in the area.
Sec. 22-2-60.B. Support responsible energy and mineral development.
The oil and gas storage facility is located adjacent to other oil and
gas support uses in the area and does not impact existing
agricultural operations.
Sec. 22-2-60.B.3.
Require that energy and mineral resource development conserve
the land and minimize the impact on surrounding land and the
existing surrounding land uses.
The facility is located adjacent to similar uses (oil and gas support
uses). Screening and Lighting Plans are required as conditions of
approval to minimize impact on surrounding land uses.
The proposed use is in an area that can support this development and the existing
screening, the Development Standards, and the Conditions of Approval will assist in
mitigating the impacts of the facility on the adjacent properties and Public rights -of -way and
will ensure compatibility with surrounding land uses and the region.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District.
Section 23-3-10 of the Weld County Code states: `Agriculture in the county is considered
a valuable resource which must be protected from adverse impacts resulting from
uncontrolled and undirected business, industrial and residential land uses. The A
(Agricultural) Zone District is established to maintain and promote agriculture as an
essential feature of the county. The A (Agricultural) Zone District is intended to provide
areas for the conduct of agricultural activities and activities related to agriculture and
agricultural production, and for areas for natural resource extraction and energy
development, without the interference of other, incompatible land uses."
USR20-0024 — Ensign United States Drilling, Inc.
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There are existing energy development uses in the area. This use is related to energy
development uses and is consistent with the intent of the A (Agricultural) Zone District. This
use supports and is adjacent to MUSR12-0010 for A Site Specific Development Plan And
Use By Special Review Permit For A Mineral Resource Development Facility, Including An
Oil And Gas Support And Services Facility Including The Parking And Maintenance Of
Exploration, Production Or Workover Equipment; Field Offices Used By Production -
Related Records And Maintenance Personnel And For The Expansion Of On -Site
Infrastructure Including The Expansion Of The Shop And Office Building, The Addition Of
A Fueling Station And Fuel Storage Tank Farm And Additional Equipment Parking. This
use was originally permitted in 1986, amended in 1987 and amended again in 2012.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The site is adjacent to existing oil and gas facilities to the north, east and south. This
laydown yard is being operated in conjunction/support of an oil and gas support operation
located to the north (MUSR12-0010 for shop buildings, fuel tanks, company truck and
storage areas along with 10-onsite employees and up to 110 off -site employees) operated
by Ensign. USR-1517 was approved for and Oil and Gas Support Facility (Land Treatment
Facility) is located to the northeast. USR-1570 for an Oil and Gas Support Facility (Office
and storage area for oil and gas equipment) is located to the east and south. The storage
area associated with USR-1570 was required to be screened as a condition of the USR.
An oil and gas compressor facility (approved under 1 MUSR18-17-0023 is located to the
further to the south adjacent to County Road 44 and County Road 49.
The nearest single-family residences are located approximately 260 -feet to the southwest
(across County Road 49) and approximately 760 -feet to the north (across County Road
46).
No phone calls or correspondence has been received from surrounding property owners
in regards to this case.
The applicant is requesting to waive fencing/screening of this facility stating that the
equipment will still be visible over the screening fence and screening of the facility may
encourage theft and malicious activity. The applicant has reached out to a number of
neighbors regarding screening (a majority have signed off on no screening). No additional
comments have been received from the nearest property owner to the southwest. Given
the nature of the use (storage) the Department of Planning Services has attached a
condition of approval requiring screening of the facility. At a minimum staff requests that
the facility, be screened from County Road 49 and along a portion of the south property
line. A fence can be constructed where the bottom 12 to 36 inches can be open (with a
wire mesh) with a minimum 6 -foot opaque fence on the top. This will allow personnel and
offices to see into the site. Also, the site is adjacent to and visible to the existing Ensign
facility to the north (approved under MUSR12-0010).
The Conditions of Approval require that the applicant a Landscaping/Screening Plan, a
Lighting Plan and a Final Drainage Plan. The Development Standards and Conditions of
Approval will assist in mitigating the impacts of the facility on the adjacent properties and
ensure compatibility with surrounding land uses and the region.
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 not located within a three (3) mile referral area of any municipality, nor is it
located within any existing Intergovernmental Agreement Area (IGA) of a municipality.
USR20-0024 — Ensign United States Drilling, Inc.
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E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the
Weld County Code.
The property is not within the Geologic Hazard Overlay District, MS4 - Municipal Separate
Storm Sewer System area, Historic Townsite Overlay District or Special Flood Hazard
Area. The property is located within the boundaries of the Airport Overlay District. The
Greeley Weld County Airport Authority was provided a referral and has not provided a
response regarding to this case.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program. Building Permits issued on the proposed lot will
be required to adhere to the fee structure of the County Facility Fee and Drainage Impact
Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The facility is not located on prime agricultural land. The proposed facility is located on
approximately 9.442 acres delineated as "Other" per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. Historic use of the site has been for sporadic
storage of frac tanks since 2012.
G. Section 23-2-220.A.7— There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
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 can 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 Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. A Lighting Plan shall be submitted to and accepted by the Department of Planning Services.
(Department of Planning Services)
B. A Landscape and Screening Plan shall be submitted to and accepted by the Department of
Planning Services that screens the site from the Surrounding Property Owners and rights -of -
way. The Landscape and Screening Plan shall address screening from Weld County
Highway (County Road 49) and the nearest property owner to the southwest.(Department of
Planning Services)
C. Access onto County Road 49 (as previously shown on RECX12-0042) is no longer allowed.
The applicant shall apply for a new access permit onto County Road 46. (Department of
Planning Services/Public Works)
D. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR20-0024 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
USR20-0024 — Ensign United States Drilling, Inc.
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4. The applicant shall delineate on the map the trash collection areas. Section 23-2-
240.A.13 of the Weld County Code addresses the issue of trash collection areas.
(Department of Planning Services)
5. The map shall delineate the landscaping and screening in accordance with the
accepted Landscape and Screening Plan. (Department of Planning Services)
6. The map shall delineate the onsite lighting in accordance with the accepted Lighting
Plan. (Department of Planning Services)
7. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division
2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of
Planning Services)
8. The map shall delineate the parking area for the vendors, customers and/or
employees. (Department of Planning Services)
9. County Road 46 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout.
The applicant shall delineate and label on the site map or plat the future and existing
right-of-way (along with the documents creating the existing right-of-way) and the
physical location of the road. All setbacks shall be measured from the edge of right-
of-way. This road is maintained by Weld County. (Department of Public Works)
10. The County Highway (County Road 49) is designated on the Weld County Functional
Classification Map as an arterial road which typically requires 140 feet of right-of-way
at full build out. The alignment of the road widening project varies along the section
line for the corridor. Contact Public Works for the location of the existing and future
right-of-way and easements and delineate these on the site plan. (Department of
Public Works)
11. Show and label the approved access locations, approved access width and the
appropriate turning radii on the site plan. (Department of Public Works)
12. Show and label the accepted drainage water quality features. Labeling should specify
"No -Build" and include the calculated volume. (Department of Public Works)
13. Show and label the drainage flow arrows. (Department of Public Works)
14. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the map the applicant shall submit a Mylar map along with all other
documentation required as Conditions of Approval. The Mylar map shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code.
The Mylar map and additional requirements shall be submitted within one hundred twenty (120)
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. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
map not be recorded within the required one hundred twenty (120) days from the date of the Board
of County Commissioners Resolution, a $50.00 recording continuance charge shall be added for
each additional three (3) month period. (Department of Planning Services)
4. The Use by Special Review is not perfected until the Conditions of Approval are completed and the
USR20-0024 — Ensign United States Drilling, Inc.
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map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on
the property, until the Use by Special Review map is ready to be recorded in the office of the Weld
County Clerk and Recorder or the applicant has been approved for an early release agreement.
(Department of Planning Services)
USR20-0024 — Ensign United States Drilling, Inc.
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Ensign United States Drilling, Inc.
USR20-0024
1. A Site Specific Development Plan and Use by Special Review Permit for an Oil and Gas Support and
Service Facility for Parking and maintenance of exploration, production or workover equipment (Outside
Storage of Oil and Gas Vehicles and Equipment) in the A (Agricultural) Zone District, USR20-0024,
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. The hours of operation are Twenty -Four (24) Hours a Day, Seven (7) days a week. (Department of
Planning Services)
4. Any equipment over thirty (30) feet in height shall be stored horizontally. (Department of Planning
Services)
5. The parking area on the site shall be maintained. (Department of Planning Services)
6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
7. The landscaping and screening on the site shall be maintained in accordance with the accepted
Landscape and Screening Plan. Dead or diseased plant materials shall be replaced with materials of
similar quantity and quality at the earliest possible time. (Department of Planning Services)
8. This site is located within the Airport Overlay District. (Department of Planning Services)
9. No access shall be allowed onto County Road 49.
10. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant
to Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works)
11. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works)
12. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
13. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
14. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface
and groundwater contamination. (Dept of Environmental Health)
15. 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. (Dept of Environmental Health)
16. 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. The applicant shall
operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Dept of Environmental
Health)
USR20-0024 — Ensign United States Drilling, Inc.
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17. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with
the Colorado Air Quality Commission's air quality regulations and the accepted dust abatement plan.
(Dept of Environmental Health)
18. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and patrons, at
all times. The adjacent parcel to the north (pin 105318200015) owned by Ensign United States Drilling,
Inc., can be utilized for sanitary accommodations providing the property is owned or rented by the
applicant. Otherwise a portable toilet is required for this facility. (Dept of Environmental Health)
19. For employees or contractors on site for less than 2 consecutive hours a day, and 2 or less full-time
employees on site, portable toilets and bottled water are acceptable. Records of maintenance and
proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the
Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a
cleaner licensed in Weld County, contain hand sanitizers and be screened from existing adjacent
residential properties and public rights -of -way. (Dept of Environmental Health)
20. The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code. (Dept of Environmental Health)
21. Lighting shall be maintained in accordance with the accepted Lighting Plan (Department of Planning
Services)
22. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties.
Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in
accordance with the map. 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. No colored lights may be used
which may be confused with, or construed as, traffic control devices. (Department of Planning Services)
23. Building permits shall be required for any new construction or set up manufactured structure, per
Section 29-3-10 of the Weld County Code. A building permit application must be completed and
submitted. Buildings and structures shall conform to the requirements of the various codes adopted at
the time of permit application. Currently, the following have been adopted by Weld County: 2018
International Building Codes; 2018 International Residential Code; 2006 International Energy Code;
2017 National Electrical Code; and Chapter 29 of the Weld County Code. A plan review shall be
approved, and a permit must be issued prior to the start of construction. (Department of Building
Inspection)
24. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code. (Department of Planning Services)
25. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
26. The Use by 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)
27. 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)
USR20-0024 — Ensign United States Drilling, Inc.
Page 9
28. Construction or USE pursuant to approval of a Use by Special Review Permit shall be commenced
within three (3) years from the date of approval, unless otherwise specified by the Board of County
Commissioners when issuing the original Permit, or the Permit shall be vacated. The Director of
Planning Services may grant an extension of time, for good cause shown, upon a written request by
the landowner. (Department of Planning Services)
29. A Use by Special Review shall terminate when the USE is discontinued for a period of three (3)
consecutive years, the USE of the land changes or the time period established by the Board of County
Commissioners through the approval process expires. The landowner may notify the Department of
Planning Services of a termination of the USE, or Planning Services staff may observe that the USE
has been terminated. When either the Department of Planning Services is notified by the landowner,
or when the Department of Planning Services observes that the USE may have been terminated, the
Planner shall send certified written notice to the landowner asking that the landowner request to vacate
the Use by Special Review Permit. (Department of Planning Services)
30. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and
coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the
state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of
the state face a critical shortage of such deposits; and (c) such deposits should be extracted according
to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource
sites are fixed to their geographical and geophysical locations. Moreover, these resources are
protected property rights and mineral owners should be afforded the opportunity to extract the mineral
resource.
31. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture. Persons moving into a rural area must recognize and
accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower
level of services than in town. Along with the drawbacks come the incentives which attract urban
dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion,
and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles
on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in
the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize
an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural
and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
USR20-0024 — Ensign United States Drilling, Inc.
Page 10
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.
USR20-0024 — Ensign United States Drilling, Inc.
Page 11
October 19, 2020
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: cgathman@weldgov.com
PHONE: (970) 400-3537
FAX: (970) 304-6498
MICHAEL MCDANIEL
3812 CARSON AVENUE
EVANS, CO 80620
Subject: USR20-0024 - A Site Specific Development Plan and Use by Special Review Permit for an Oil
and Gas Support and Service (Outside Storage of Oil Gas Vehicles and Equipment) in the A
(Agricultural) Zone District.
On parcel(s) of land described as :
PT NW4 SECTION 18 T4N R64W LOT A REC EXEMPT RECX12-0042 of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on December 15, 2020, at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on December
30, 2020 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must 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
https://accela-aca.co.weld.co.us/CitizenAccess
If you have any questions concerning this matter, please call.
Respectfully,
L- at41
Chris Gathman
Planner
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