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Case Number:
Applicant:
Representative:
Request:
Legal
Description:
LAND USE APPLICATION
SUMMARY SHEET
Kim Ogle
USR18-0126
Cliff E. Simpson, 43646 County Road 45, Ault CO 80610-0211
Tony Evans, Encompass LLC, 1001 E Harmony Road, Fort Collins, CO 80525
Hearing Date: April 2, 2019
A Site Specific Development Plan and Use by Special Review Permit for Mineral
resource development facilities, Oil and Gas Support and Service including Location
and operation bases for businesses whose primary activity includes the following kinds
of uses: Parking and maintenance of exploration, production or workover equipment;
Equipment and storage yards for road and pipeline construction contractors, and
production unit set-up and maintenance contractors; Parking and maintenance for tank
and water service companies; Storage and rental yards for pipe and production
equipment; Field offices used by production -related records and maintenance
personnel; Agricultural Service establishments primarily engaged in performing
agricultural, animal husbandry or horticultural services on a fee or contract basis,
including fertilizer storage, mixing, blending and sales; Any use permitted as a Use by
Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial
zone districts, (Parking storage and staging of commercial vehicles, General
Contractor, storage, maintenance, repair of construction products and equipment sales
and welding operations); any use of a research, repairing, manufacturing, fabricating,
processing, assembling or storage nature may be conducted outside of an enclosed
building, provided that the use and/or operations of the use are screened from adjacent
public rights -of -way and adjacent properties; areas for parking vehicles or equipment,
so long as such parking areas are screened from the adjacent public rights -of -way and
on adjacent properties; outdoor storage when screened from public rights -of -way and
adjacent properties provided that the property is not a Lot in an approved or recorded
subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations
controlling subdivisions in the A (Agricultural) Zone District.
S2NW4 Section 26, T8N, R65Wof the 61h P.M. Weld County, Colorado
Location: East of and adjacent to County Road 45; approximately 0.25 miles south of County
Road 90.
Size of Parcel: +/- 79.93 acres Parcel No: 0551-26-0-00-013
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:
Weld County Zoning Compliance, referral dated January 9, 2019
Weld County Department of Public Works, referral dated February 11, 2019, updated March 27, 2019
Weld County Department of Public Health and Environment, referral dated January 24, 2019
Weld County Department of Building Inspection, referral dated February 25, 2019
USR18-0126 - Cliff Simpson
Page 1
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
y Weld County School District RE -9, referral dated January 7, 2019
y Weld County Sheriff's Office, referral dated January 11, 2019
The Department of Planning Services' staff has not received responses from the following agencies:
VVVVV°
Ault Fire Protection District
North Weld County Water District
Colorado Division of Water Resources
Colorado Division of Parks and Wildlife
Weld County Office of Emergency Management
Colorado Department of Labor and Employment
USR18-0126 - Cliff Simpson
Page 2
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Kim Ogle Hearing Date: April 2, 2019
Case Number: USR18-0126
Applicant: Cliff E. Simpson, 43646 County Road 45, Ault CO 80610-0211
Representative: Tony Evans, Encompass LLC, 1001 E Harmony Road, Fort Collins, CO 80525
Request:
Legal
Description:
A Site Specific Development Plan and Use by Special Review Permit for Mineral resource
development facilities, Oil and Gas Support and Service including Location and operation
bases for businesses whose primary activity includes the following kinds of uses: Parking
and maintenance of exploration, production or workover equipment; Equipment and
storage yards for road and pipeline construction contractors, and production unit set-up
and maintenance contractors; Parking and maintenance for tank and water service
companies; Storage and rental yards for pipe and production equipment; Field offices
used by production -related records and maintenance personnel; Agricultural Service
establishments primarily engaged in performing agricultural, animal husbandry or
horticultural services on a fee or contract basis, including fertilizer storage, mixing,
blending and sales; Any use permitted as a Use by Right, an Accessory Use, or a Use by
Special Review in the Commercial or Industrial zone districts, (Parking storage and
staging of commercial vehicles, General Contractor, storage, maintenance, repair of
construction products and equipment sales and welding operations); any use of a
research, repairing, manufacturing, fabricating, processing, assembling or storage nature
may be conducted outside of an enclosed building, provided that the use and/or
operations of the use are screened from adjacent public rights -of -way and adjacent
properties; areas for parking vehicles or equipment, so long as such parking areas are
screened from the adjacent public rights -of -way and on adjacent properties; outdoor
storage when screened from public rights -of -way and adjacent properties provided that
the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map
or plan filed prior to adoption of any regulations controlling subdivisions in the A
(Agricultural) Zone District
S2NW4 Section 26, T8N, R65Wof the 6'" P.M. Weld County, Colorado
Location: East of and adjacent to County Road 45; approximately 0.25 miles south of County Road
90.
Size of Parcel: +/- 79.93 acres
Case Summary:
Parcel No. 0551-26-0-00-013
The property owners have their residence and a single 13,200 SF metal skinned equipment outbuilding
utilized for commercial uses on a tract of land that is encumbered by the Owl Creek Floodplain to the
East. The proposed uses on the property include several business ventures including an oil and gas
support and service facility primarily for the manufacture and fabrication of equipment and products,
including welding on same that are utilized in the oil field. Manufacturing will take place in the existing
metal skinned building on the property.
USR18-0126 - Cliff Simpson
Page 3
In addition to the on -site custom manufacturing, the property owner also has an active trucking
operation that is utilized in the transporting of manufactured equipment and products to the field or
utilized for the transportation of agricultural products.
There is a proposed screened outdoor storage component for the parking, storage and staging of
commercial vehicles, contractor vehicles and equipment, tractor trailers, tanker trucks, water service
trucks, pipe lines and production equipment, construction and roust -a -bout equipment and supplies and
multiple cargo (connex) containers utilized for storage.
The application materials also describe an agricultural service establishment for the storage, mixing and
blending of fertilizer for retail sales and field application in the agriculture zone district.
Potable water service will either be from North Weld County Water District or the State Engineers office
for a commercial well. Sanitary is handled by septic tank and leach field.
Per the application narrative there will be up to six (6) full time employees and up to fourteen (14) part
time employees working from 7:30 am to 5:00 pm Monday through Saturday. There will also be up to
fourteen (14) truck drivers, two (2) office workers, four (4) shop and labor workers. Product delivery
may be 1-2 deliveries per week by outside vendors. In addition to the commercial business
component, Agriculture operations have no limiting hours and will be permitted 24 hours/day.
The structure being used for the business is approximately 13,200 square feet. It appears that the structure
was built between 2014 and 2015. A Building Permit is on record for the construction of a structure
(approximately 12000 square feet) as a personal storage and included radiant heat. A commercial building
permit will be required for the structure. A Code Analysis stamped by an Architect licensed in the State of
Colorado shall be provided, along with a complete floor plan with accurate dimensions for all rooms and uses
labeled for the entire structure.
This case is an active Zoning Violation (ZCV18-00122) which was initiated due to the presence of a
commercial business without first completing the necessary Weld County Zoning Permits. If this application
is approved by the Board of County Commissioners, conditions of approval met and the USR map recorded
this violation will be corrected. If this application is denied the Department of Planning Services asks that the
Board of County Commissioners forward this case to the County Attorney's Office for legal action through
the District Court process, but to delay that legal action for thirty (30) days to allow the applicant time to
remove all but 1 Commercial Vehicle and all storage of equipment and materials from the property.
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.
Chapter 22, Article II, 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
and industrial uses should be encouraged to locate in areas that minimize the removal of
agricultural land from production."
The applicant proposes to utilize up to 3.5 acres of the entire 80 +/- acre parcel for his business,
including activities associated with an agricultural services establishment, the sale of agricultural
seed. The remaining lands will continue to be utilized for agricultural activities including the Simpson
USR18-0126 - Cliff Simpson
Page 4
family home. Development of the parcel is restricted to lands lying west of the Owl Creek floodplain
that serves to separate the activities on site from adjacent neighbors to the east. Lands near and
within the floodplain are designated as 'Other Lands" whereas the remaining 68.5 acres not
associated with the business are "Prime if they become Irrigated" per the 1979 Important Farmlands
of Weld County map.
Chapter 22, Article II, Section 22-2-20.G A.Goal 7 states "County land use regulations should
protect the individual property owner's right to request land use change."
The property owner is proposing to utilize his 80+/- acre parcel for the family home and utilizing a
small area adjacent to County Road 45 for the base of operations for his business. This
business provides oil and gas support and service for northern and eastern Weld County mineral
development; storage of pipeline and processing equipment for oilfield development, parking
storage and staging of commercial vehicles, and welding operations, all activities associated with
the applicants diversified General Contracting business.
Chapter 22, Article II, Section 22-2-20.G 2. A.Policy 7.2. states "Conversion of agricultural land to
nonurban residential, commercial and industrial uses should be accommodated when the subject
site is in an area that can support such development and should attempt to be compatible with the
region."
The property is not within the three-mile referral area for a municipality or a County. The nearest
municipality is the Town of Ault, who defines their future land use plan out to County Road 39.
Per their Comprehensive Plan, there is a one -mile agriculture buffer between the municipal limits
and the future planning limits. Following this Planning model, should the Town expand their
boundaries, there would be a minimum buffer of one -mile creating a buffer between the future
growth of the Town and existing land use activities in the unincorporated areas.
Chapter 22, Article II, Section 22-2-20. A.Goal 9 states "Reduce potential conflicts between
varying land uses in the conversion of traditional agricultural lands to other land uses."
Per this recommendation, the attached Development Standards, and the Conditions of Approval will
assist in mitigating the impacts of the proposed facility on the adjacent properties and ensure
compatibility with surrounding land uses and the greater community.
Chapter 22, Article II, Section 22-2-80.F.2 (.Policy 6.2. states 'Support the use of visual and sound
barrier landscaping to screen open storage areas from residential uses or public roads.
As a condition of approval, the applicant is required to construct an opaque screen for all areas of
outdoor storage, and all areas associated with the parking storage and staging of commercial
vehicles from adjacent property owners and properties and all public rights -of -way.
Chapter 22, Article II, Section 22-2-80.F.4 (.Policy 6.4. states "Ensure that industrial properties are
free of derelict vehicles, refuse, litter and other unsightly materials.
As a condition of approval, the applicant is required to maintain vehicles in an operational
condition, with all vehicles, support trailers, and equipment to have current tags. Trash associated
with the business is to be disposed of properly in a trash receptacle for disposal by a refuse service
or recycled by an approved vendor. Fugitive dust created by operation of the facility is to be
controlled on site and mitigated with a dust suppression treatment or water as required.
Chapter 22, Article IV, Section 22-4-70.A N.Goal1. states Minimize the impact of noise on County
residents.
Welding, fabrication, maintenance and repair of new and used equipment, vehicles, and special
projects will be conducted within the existing metal skinned building. Weld County Department of
USR18-0126 - Cliff Simpson
Page 5
Public health and Environment has set a noise limit for this facility that will be measured at 25 -feet
from the property line. To ensure compatibility with adjacent and area property owners.
Chapter 22, Article V, Section 22-5-100.A. 2.OG.Policy 1.2. states 'Oil and gas support facilities
which do not rely on geology for locations should locate in commercial and industrial areas, when
possible, and should be subject to review in accordance with the appropriate sections of this
Code."
A component of the applicant's business is to provide oil and gas support and service on a variety
of fronts, from roust -a -bout services, to water hauling, to office space, et cetera. These uses are
not required at a production well head site and are not reliant on geology. The business does rely
on transportation infrastructure and general proximity to the oil field. The proposed location of the
business affords the applicant and property owner the ability to maintain an agrarian lifestyle and
provide for a base of operations for the business. The Public Works Department, in their referral
dated February 11, 2019, requires the applicant to submit a signed Improvements Agreement and
road maintenance agreement is required for the site. Road maintenance including dust control,
damage repair, and triggers for improvements will be included.
Based on referral agency responses, the proposed use is in an area that can support this
development. The required facility screening, downcast shielded lighting implementing limiting
transient light migration, including no derelict equipment and vehicles along with the Development
Standards and the 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 greater area.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
Citing the Weld County Code, Chapter 23, Article III, Division 1, Section 23-3-40.A.2 allows for
Mineral resource development facilities including Oil and Gas Support and Service with the primary
activity including the following kinds of uses: Parking and maintenance of exploration, production
or workover equipment; Equipment and storage yards for road and pipeline construction
contractors, and production unit set-up and maintenance contractors; Parking and maintenance for
tank and water service companies; Storage and rental yards for pipe and production equipment;
Field offices used by production -related records and maintenance personnel.
Also, Section 23-3-40.B. for an Agricultural Service establishments primarily engaged in
performing agricultural, animal husbandry or horticultural services on a fee or contract basis,
including: Fertilizer storage, mixing, blending and sales.
Also, Section 23-3-40.S for Any use permitted as a Use by Right, an Accessory Use, or a Use by
Special Review in the Commercial or Industrial zone districts, (General Contractor, storage,
maintenance, repair of construction products and equipment sales and welding operations; any
use of a research, repairing, manufacturing, fabricating, processing, assembling or storage nature
may be conducted outside of an enclosed building, provided that the use and/or operations of the
use are screened from adjacent public rights -of -way and adjacent properties; areas for parking
vehicles or equipment, so long as such parking areas are screened from the adjacent public
rights -of -way and on adjacent properties; outdoor storage when screened from public rights -of -
way and adjacent properties provided that the property is not a Lot in an approved or recorded
subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling
subdivisions; and Section 23-3-40.BB - More than the number of cargo containers allowed as a
use by right per legal lot or parcel
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 also intended to provide areas for the conduct of uses by
Special Review which have been determined to be more intense or to have a potentially greater
impact than uses Allowed by Right. The A (Agricultural) Zone District regulations are established
to promote the health, safety and general welfare of the present and future residents of the
County.
USR18-0126 - Cliff Simpson
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C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent lands consist of production agriculture with center pivots and no residences to the
west, two residences to the north on lands that are impacted by the Owl Creek floodplain and a
single residence immediately adjacent to the south of the applicant's property line. Lands
surrounding this residence are in dryland agriculture and there are two residences and several
vacant Recorded Exemption parcels approximately one -quarter mile south the of the applicant's
property. To the east is a rise in topography of approximately seventy feet in elevation to a single
family residence that overlooks the applicant's property and has good views of the front range. The
closest residence is thirty-five feet from the applicant's south property line and approximately five
hundred twenty (520) feet to the Simpson Residence and nine hundred twenty (920) feet to the
metal skinned shed.
Traffic originating from this property will head primarily north on County Road 45 an all-weather road
to County Road 90 a paved road. A smaller amount of traffic will head to the south on County Road
45 to County Roads in the area and predominately gravel.
There are four (4) USRs within one mile of the site. To the southwest there are three permits: SUP -
245 was permitted for a Hog Farm; SUP -145 was permitted for a 250 head Dairy and USR-1507 is
permitted for a Child Care Center. for a Home Business for storage of construction materials) is
located south of the site. To the east is CUP -49 for an Airstrip.
The Weld County Department of Planning Services sent notice to four (4) Surrounding Property
Owners on eight (8) parcels. Planning staff received no correspondence and three telephone calls
from area residents some within 500 feet of the parent parcel boundary. The telephone calls
addressed concerns about trucks idling, non-specific noise, safety, fire, aesthetic impact, impact
from truck traffic and road conditions.
The applicant's representative has been in contact with the Surrounding Property Owners through a
letter sent to each property owner within 500 -feet of the property. The letter states the property has
historically been utilized for agricultural purposes and a private residence and that the proposed land
use permit will allow Mr. and Mrs. Simpson to run their business on the property. No other changes
are proposed, except for installing a fence to screen parking and outdoor storage. The letter
continues to describe the proposed business as storage, maintenance, repair, product and
equipment sales, fertilizer storage, general contractor, welding operations, research and
development of non -hazardous products, oil and gas equipment.
The Conditions of Approval require that the applicant submit an Emergency Action and Safety Plan,
a Noise Abatement Plan, a Lighting Plan, an Improvements Agreement (for roads and traffic
patterns) and a Landscape /Screening 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.
C. 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.
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, the Airport Overlay District or the
Municipal Separate Storm Sewer System (MS4) Area. The property is within a Special Flood
USR18-0126 - Cliff Simpson
Page 7
Hazard Area associated with Owl Creek. Development within this area will require a Flood Hazard
Development Permit.
Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide
Road Impact Fee, 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 proposed facility is located on approximately 72 acres [Prime [Irrigated Farmlands of National
Importance] and 7.93 acres of "Other Lands" per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. Planning staff finds no evidence that there is irrigation water
associated with this parcel, therefore no Prime Farmlands have been taken out of production.
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. The applicant shall provide evidence to the Department of Planning Services that all commercial
vehicles in a derelict or state of disrepair have been removed from the property. All non-commercial
junkyard items located on the property are screened from all adjacent properties and public rights -of -
way or have been removed from the property. (Department of Planning Services)
B. The applicant shall submit a screening plan opaque screening of all outdoor storage, parking and
staging areas. In accordance with Section 23-9-30, Section 23-2-240, Section 23-3-50 and Section
23-3-250 of the Weld County Code. (Department of Planning Services)
C. The applicant shall submit a facility lighting in accordance with Section 23-9-40 and Section 23-2-
250 of the Weld County Code. Lighting needs to be downcast and shielded. (Department of
Planning Services)
D. The applicant shall submit a sign plan in accordance with Chapter 23, Article IV, Division 2 and
Appendices 23-C, 23-D and 23-E of the Weld County Code. A 16SF sign is allowed in the
Agricultural Zone District; however, if there are potentially any additional or larger signs please
include those in the application and provide a rationale for the size and location of all signs
associated with the proposed business. (Department of Planning Services)
E. The applicant shall submit a Parking Plan for vendors, customers and/or employees, and include the
parking area for the proposed outdoor storage, parking and staging of company vehicles and
equipment, in accordance with Section 23-4-10, Section 23-4-30, Section 23-4-40 and Appendix 23-
A of the Weld County Code. (Department of Planning Services)
F. An Improvements and Road Maintenance Agreement is required for off -site improvements at this
location. Road maintenance includes, but is not limited to, dust control and damage repair to
specified haul routes. (Department of Public Works)
G. A Commercial Building Permit application for a Change of Use permit will be required for the
shop being used for the Business Operation.
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Page 8
H. The USR Map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR18-0126. (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)
4. The applicant shall delineate on the map the trash collection areas per Section 23-3-350.H of the
Weld County Code. (Department of Planning Services)
5. The map shall delineate the opaque screening of all outdoor storage, parking and staging areas.
In accordance with Section 23-9-30, Section 23-2-240, Section 23-3-50 and Section 23-3-250 of
the Weld County Code. (Department of Planning Services)
6. The map shall delineate the facility lighting in accordance with Section 23-9-40 and Section 23-
2-250 of the Weld County Code. (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. In
accordance with Section 23-4-10, Section 23-4-30, Section 23-4-40 and Appendix 23-A of the
Weld County Code. (Department of Planning Services)
9. County Road 45 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 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. Show and label the approved access locations, approved access width and the appropriate
turning radii (60 -feet) on the site plan. The applicant must obtain an access permit in the
approved location(s) prior to recording the USR. (Department of Public Works)
11. Show and label the approved tracking control on the site plan. (Department of Public Works)
12. Show and label the entrance gate if applicable. An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely clear
the traveled way when the gate is closed. In no event, shall the distance from the gate to the
edge of the traveled surface be less than 35 feet. (Department of Public Works)
13. Show and label the drainage flow arrows. (Department of Public Works)
14. Show and label all recorded easements on the map by book and page number or reception
number and date on the site plan. (Department of Public Works)
15. Show and label the floodplain and floodway (if applicable) boundaries on the map. Label the
floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number. (Department of
Planning Services - Floodplain)
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
USR18-0126 - Cliff Simpson
Page 9
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 added for each additional three
(3) month period. (Department of Planning Services)
4. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required. (Department
of Public Works)
B. A Code Analysis stamped by an Architect licensed in the State of Colorado shall be provided,
along with a complete floor plan with accurate dimensions for all rooms and uses labeled for the
entire structure. The applicant shall submit plans for Plumbing, Electrical, and Mechanical
systems. Compliance with Energy Code (Com-Check Reports) shall also be submitted along
with Permit application. (Department of Building Inspection)
C. The applicant shall submit As -Built Reports shall be submitted for work completed without
building permits. (Department of Building Inspection)
5. Prior to the Certificate of Occupancy:
A. Proof of Fire District Notification shall be provided with Building Permit, and Fire District Approval
will be required prior to Certificate of Occupancy.
6. Prior to Operation:
A. An On -Site Wastewater Treatment System (OWTS) is required for the proposed facility and shall be
installed according to the Weld County On -Site Wastewater Treatment System Regulations. The
OWTS is required to be designed by a Colorado Registered Professional Engineer according to the
Weld County On -Site Wastewater Treatment System Regulations. (Department of Public Health and
Environment)
B. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency
Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility
operator, the Fire District and the Weld County Office of Emergency Management. Submit evidence
of acceptance to the Department of Planning Services. (Department of Planning Services)
C. Accepted construction drawings and construction of the off -site roadway improvements are required
prior to operation. (Department of Public Works)
7. The Use by Special Review 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)
USR18-0126 - Cliff Simpson
Page 10
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Cliff Simpson
USR18-0126
1. A Site Specific Development Plan and Use by Special Review Permit for Mineral resource development
facilities, Oil and Gas Support and Service including Location and operation bases for businesses whose
primary activity includes the following kinds of uses: Parking and maintenance of exploration, production
or workover equipment; Equipment and storage yards for road and pipeline construction contractors, and
production unit set-up and maintenance contractors; Parking and maintenance for tank and water
service companies; Storage and rental yards for pipe and production equipment; Field offices used by
production -related records and maintenance personnel; Agricultural Service establishments primarily
engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis,
including fertilizer storage, mixing, blending and sales; Any use permitted as a Use by Right, an
Accessory Use, or a Use by Special Review in the Commercial or Industrial zone districts, (Parking
storage and staging of commercial vehicles, General Contractor, storage, maintenance, repair of
construction products and equipment sales and welding operations); any use of a research, repairing,
manufacturing, fabricating, processing, assembling or storage nature may be conducted outside of an
enclosed building, provided that the use and/or operations of the use are screened from adjacent public
rights -of -way and adjacent properties; areas for parking vehicles or equipment, so long as such parking
areas are screened from the adjacent public rights -of -way and on adjacent properties; outdoor storage
when screened from public rights -of -way and adjacent properties provided that the property is not a Lot
in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District, 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 7:30 a.m. - 5:00 p.m. Monday — Saturday, as stated in the application
materials. (Department of Planning Services)
4. The number of on -site employees shall be twenty-four (24) as stated in the application materials.
(Department of Planning Services)
5. The number of commercial vehicles is limited to two (2) Tandem trucks and sixteen (16) tractor trailers
as stated in the application materials. (Department of Planning Services)
6. The parking area on the site shall be maintained. (Department of Planning Services)
7. 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)
8. The screening on the site shall be maintained. (Department of Planning Services)
9. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15' of any given year signed by representatives for the Fire District and
the Weld County Office of Emergency Management to the Department of Planning Services.
(Department of Planning Services)
10. 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)
11. Passenger vehicle trips to and from the site shall not exceed 48 round trips per day. Truck trips to and
from the site shall not exceed 18 round trips per day. (Department of Public Works)
USR18-0126 - Cliff Simpson
Page 11
12. 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)
13. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking. (Department of Public Works)
14. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
15. 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)
16. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
17. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit and
possible updates. (Department of Public Works)
18. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
19. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
20. 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. (Department of Public Health and Environment)
21. 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. (Department of Public Health and Environment)
22. 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. (Department of Public Health
and Environment)
23. 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. (Department of Public Health and
Environment)
24. The facility shall be operated and maintained in a manner to prevent nuisance conditions. (Department
of Public Health and Environment)
25. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance
with the Rules and Regulations of the Water Quality Control Commission, and the Environmental
Protection Agency. (Department of Public Health and Environment)
26. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off for
proper disposal. Records of installation, maintenance, and proper disposal shall be retained.
(Department of Public Health and Environment)
27. All pesticides, fertilizer, and other 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)
USR18-0126 - Cliff Simpson
Page 12
28. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
29. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. Sewage disposal shall be by septic system. Any septic system located on the
property must comply with all provisions of the Weld County Code, pertaining to On -site Wastewater
Treatment Systems. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. (Department of Public Health and Environment)
30. The facility shall comply with the Colorado Department of Agriculture Rules and Regulations pertaining
to Fertilizers (8 CCR 1202-4). (Department of Public Health and Environment)
31. The facility shall comply with all provisions of the State Underground and Above Ground Fuel Storage
Tank Regulations. (Department of Public Health and Environment)
32. The facility shall comply with all applicable rules and regulations of State and Federal agencies and the
Weld County Code. (Department of Public Health and Environment)
33. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map # 08123C-0950 dated January 20, 2016 (Owl Creek Floodplain). Any
development shall comply with all applicable Weld County requirements, Colorado Water Conservation
Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado, and
FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition
of development is any man-made change to improved or unimproved real estate, including by not limited
to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations,
or storage of equipment and materials. (Department of Planning Services - Floodplain)
34. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain boundaries
have been modified. (Department of Planning Services - Floodplain)
35. Building permits may 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 has 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)
36. 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)
37. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property with 24 -hours notice in order
to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
38. The 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)
USR18-0126 - Cliff Simpson
Page 13
39. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
40. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-
compliance of a State issued permit, and of the outcome or disposition of any such compliance advisory
or other notice of non-compliance. (Department of Public Health and Environment)
41. 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 Public Health and
Environment)
42. 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.
43. 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
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
USR18-0126 - Cliff Simpson
Page 14
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.
USR18-0126 - Cliff Simpson
Page 15
February 27, 2019
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
EVANS TONY
1001 E HARMONY RD STE A201
FORT COLLINS, CO 80525
Subject: USR18-0126 - A Site Specific Development Plan and Use by Special Review Permit for Mineral
resource development facilities, Oil and Gas Support and Service including Location and operation
bases for businesses whose primary activity includes the following kinds of uses: Parking and
maintenance of exploration, production or workover equipment; Equipment and storage yards for road
and pipeline construction contractors, and production unit set-up and maintenance contractors; Parking
and maintenance for tank and water service companies; Storage and rental yards for pipe and
production equipment; Field offices used by production -related records and maintenance personnel;
Agricultural Service establishments primarily engaged in performing agricultural, animal husbandry or
horticultural services on a fee or contract basis, including Fertilizer storage, mixing, blending and sales;
Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial
or Industrial zone districts, (Parking storage and staging of commercial vehicles, General Contractor,
storage, maintenance, repair of construction products and equipment sales and welding operations);
any use of a research, repairing, manufacturing, fabricating, processing, assembling or storage nature
may be conducted outside of an enclosed building, provided that the use and/or operations of the use
are screened from adjacent public rights -of -way and adjacent properties; areas for parking vehicles or
equipment, so long as such parking areas are screened from the adjacent public rights -of -way and on
adjacent properties; outdoor storage when screened from public rights -of -way and adjacent properties
provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map
or plan filed prior to adoption of any regulations controlling subdivisions and More than the number of
cargo containers allowed as a use by right per legal lot or parcel in the A (Agricultural) Zone District
On parcel(s) of land described as:
S2NW4 SECTION 26, T8N, R65W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on April 2, 2019, at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on May 29, 2019 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.
Page 2 of 2
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.weldcountyplanningcases.org
If you have any questions concerning this matter, please call.
Respectfully,
Kim Ogl
Planner
December 27, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
EVANS TONY
1001 E HARMONY RD STE A201
FORT COLLINS, CO 80525
Subject: USR18-0126 - A Site Specific Development Plan and Use by Special Review Permit for Mineral
resource development facilities, Oil and Gas Support and Service including Location and operation
bases for businesses whose primary activity includes the following kinds of uses: Parking and
maintenance of exploration, production or workover equipment; Equipment and storage yards for road
and pipeline construction contractors, and production unit set-up and maintenance contractors; Parking
and maintenance for tank and water service companies; Storage and rental yards for pipe and
production equipment; Field offices used by production -related records and maintenance personnel;
Agricultural Service establishments primarily engaged in performing agricultural, animal husbandry or
horticultural services on a fee or contract basis, including Fertilizer storage, mixing, blending and sales;
Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial
or Industrial zone districts, (Parking storage and staging of commercial vehicles, General Contractor,
storage, maintenance, repair of construction products and equipment sales and welding operations);
any use of a research, repairing, manufacturing, fabricating, processing, assembling or storage nature
may be conducted outside of an enclosed building, provided that the use and/or operations of the use
are screened from adjacent public rights -of -way and adjacent properties; areas for parking vehicles or
equipment, so long as such parking areas are screened from the adjacent public rights -of -way and on
adjacent properties; outdoor storage when screened from public rights -of -way and adjacent properties
provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map
or plan filed prior to adoption of any regulations controlling subdivisions and More than the number of
cargo containers allowed as a use by right per legal lot or parcel in the A (Agricultural) Zone District
On parcel(s) of land described as:
S2NW4 SECTION 26, T8N, R65W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
If you have any questions concerning this matter, please call.
Respectfully,
Kim Og
Planner
FIELD CHECK- USR98-0926
Inspection Date: March 12, 2019
Applicant: Cliff Simpson
Request: A Site Specific Development Plan and Use by Special Review Permit in the A (Agricultural)
Zone District.
Legal: S2 NW4 of Section 26, T8N, R65W of the 6th P.M., Weld County, CO
Location: East of and adjacent to County Road 45; approximately 0.25 miles south of County Road 90
Parcel ID #: 0551-26-0-00-013
Acres: 80 +1 -
Zoning
Land Use
N
AGRICULTURE
N
Rural residence
E
AGRICULTURE
E
Owl Creek Floodplain and pasture lands
S
AGRICULTURE
S
Rural residence, pasture lands
W
AGRICULTURE
W
Production Agriculture, Center Pivot
Comments:
The property is located off County Road 45 an all-weather road gravel road There is a little to no slope to
at the point of the internal access to the residence, outdoor storage yard and metal skinned building. The
residence is of relative new construction. The property is fenced with five strand barb wire at the
perimeter The large outdoor storage component is located to the west, north and east of the metal
skinned building.
Three residences are in near proximity- Lands surrounding this residence are in dryland agriculture and
there are two residences and several vacant Recorded Exemption parcels approximately one -quarter
mile south the of the applicant's property. To the east is a rise in topography of approximately seventy
feet in elevation to a residence that overlooks the applicant's property and has good views of the front
range. The closest residence is thirty-five feet from the applicant's south property line and approximately
five hundred twenty (520) feet to the Simpson Residence and nine hundred twenty (920) feet to the metal
skinned shed.
Signature
House(s)
. i 'Outbuilding(s)
.„fl, Access to Property
❑ Crop Productions
E Site Distance
o Mobile Home(s)
❑ Other Animals On -Site
Fef Water Bodies
❑ Ditch
Note any commercial business/commercial
Derelict Vehicles
• Non-commercial junkyard (list components)
❑ Irrigation Sprinkler
❑ Crops
zr Wetlands
❑ Oil & Gas Structures
a Wildlife
a Utilities On -Site (transmission lines)
❑ Topography
vehicles that are operating from the site. — Yes
Hello