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Home My WebLink About20150874.tiff RESOLUTION RE: APPROVE PARTIAL VACATION OF USE BY SPECIAL REVIEW PERMIT, USR13-0069 - ULRICH WATER DEPOT WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, by Resolution dated March 19, 2014, the Board did approve the request of Ulrich Farms, Inc., 14605 CR 21, Platteville, CO 80651, for a Site Specific Development Plan and Use by Special Review Permit, USR13-0069, for a Mineral Resource Development Facility, including Oil and Gas Support and Service (two water depots) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot A of Recorded Exemption, RECX13-0120; being part of the NE1/4 of Section 22, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board has received a request from the property owner, to partially vacate Use by Special Review Permit, USR13-0069, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Department of Planning Services staff and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to approve said partial vacation, conditional upon the following: 1. Pursuant to Section 23-2-200.G.5 of the Weld County Code, the applicant shall submit a revised plat, titled "Partial Vacation of Use by Special Review Permit, USR13-0069", conforming to Section 23-2-260.D of the Weld County Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Use by Special Review Permit, USR13-0069, be, and hereby is, partially vacated, with the abovementioned condition, with said plat to be titled and recorded as Partial Vacation of Use by Special Review Permit, USR13-0069. 4la4 4100451 Pages: 1 of 2 04/21/2015 12:30 PM R Fee:$0.00 Carly Koppes Clerk and Recorder. Weld County. CO VIII NIr1R:ni'N1,{L�YII'rk 'UI'!i hih'{I Li 11111 2015-0874 PL2264 PARTIAL VACATION OF USE BY SPECIAL REVIEW PERMIT, USR13-0069 — ULRICH WATER DEPOT PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of April, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, C LORADO ATTEST:�}}�� ,, CA . �/ •� fl//Af� ✓. W/ �s Y7ipi arbara Kirkmey r, Chair Weld County Clerk to the Board Mike Freeman, Pro-Tem BY. �(kAk.a, / jl _ De u Clerk to the Board iFilida can P. Con ay y APPROVED AS TO FORM: 'a i�• .� . Lev ._ A �!'' . Cozad / 1161 �i�..� E CountAttorney l �;`� ♦��ve Moreno Date of signature: 4/14) 4100451 Pages: 2 of 2 04/21/2015 12:30 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO tlllMl�lR;l+IRti�I' 'IfIYIt+�IIihNRiVd 2015-0874 PL2264 MEMORANDUM �'�� rL we, Zm. :::::z:: a::rors c � h?z� Subject: Partial vacation of USR13-0069 — Ulrich Water Depot Date: April 1, 2015 The Department of Planning Services received the attached letter dated December 3, 2014 from Ms. Brenda S. Greenhagen of AGPROfessionals. The property owner is requesting that USR13-0069 be vacated from Lot B of RECX14-0149. The USR was originally located on Lot A of RECX13-0120. RECX14-0148 amended RECX13-0120 and reduced it in size; therefore a partial vacation of USR13-0069 is required. This partial vacation will adjust the boundary of the USR to be consistent with the recorded exemption lot on which it is located. If this partial vacation is approved the applicant will need to submit a partial vacation map for USR13-0069 per Section 23-2-280 of the Weld County Code. The Department of Planning Services is recommending approval of this partial vacation subject to an additional Development Standard being added to the USR map. Development Standard: The water well and water pipeline located on Lot B of RECX14-0149 supplies water to the water depot (USR13-0069) located on Lot A of RECX14-0148. This water well and pipeline is owned and maintained by the property owner of Lot B of RECX14-0149. Background information: Legal Description: Lot A of Recorded Exemption RECX14-0148 Part of NE4 of Section 22, T3N, R67W of the 6th P.M., Weld County, CO Location: West of and adjacent to County Road 21; approximately 0.6 miles north of State Highway 66. March 19, 2014: USR13-0069 was approved by the BOCC on March 19, 2014, and recorded with the Weld County Clerk and Recorder on January 7, 2015. This USR is for A Site Specific Development Plan and Use by Special Review for a Mineral Resource Development Facility Including Oil and Gas Support and Service (two water depots) in the A (Agricultural) Zone District. This USR is located on Lot A of RECX14-0148. March 5, 2014: RECX13-0120 was recorded with the Weld County Clerk and Recorder. This recorded exemption amended Lots A and B of RE-5064 to create Lots A and B of RECX13-0120. Lot A is 34.9 acres in size and Lot B is 112.00 acres in size. 2015-0874 rPcaAtiq IAGPROfessionals DEVEI.OPF,R.S OFAGRICIJIJURE December 3, 2014 Diana Aungst Department of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 Re: Partial Vacation of USR13-0069 AGPRO Project#2900-08 Dear Diana, Ulrich Farms, Inc. is requesting the partial vacation of Use by Special Review#USR13- 0069 which encumbers the property know as Parcel#2209-22-1-00-054, Lot A of Recorded Exemption RECX13-0120, PT NE4 22-3-67 Lot A Rec Exempt RECX13- 0120 of Section 22, Township 3 North, Range 67 West of the 6th Meridian, County of Weld, State of Colorado. USRI3-0069 will encumber the lower south side of the parcel and will vacate the north side of the parcel as part of an amended Recorded Exemption process for the above stated property. If you have any questions, please contact me at (970) 535-9318. Sincerely, ; / / / /, t/cy(//K__ - Brenda S. ree iagen Land Planning Technician Attachment: USR13-0069 Plan Map ENGINEERING, PLANNING, CONSULTING & REAL ESTATE 3050 67th Avenue• Suite 200• Greeley,CO 80634 970.535.9318/office■ 970.535.9854/ fax• www.agpros.com _. - ----I - J. 1 - '4 USE BY SPECIAL REVIEW USR13-0069 ULRICH FARMS 1NC. LOT A OF RECORDED EXEMPTION RE-5064 BEING PART OF THE NORTHEAST Y4 OF SECTION 22, - TOWNSHIP 3 WEST, RANGE 67 NORTH OF THE 6th PM, WELD COUNTY, COLORADO d B XFE I (j _____________\% E, \\Ell ; FF sE a 's : 1 �I BEFORE AFTER i —_ 1�—�-� A _ �I^ :MANNING COMMISSION R1F O ... *Y v' u I . ,a..a... v.a. ,,,, FE,FEE,s.,,,w .,,,s,Era,,,,,„,o a „FE BOARD OF O CO .v. ary.....Z mac,w is".,. ... .. ''''r .c f v„wCEH ..0 CERTIFICATION es EiFEERR Fie a,r...NSF, u .w. .. e...•.. w 'n.. ..v ..x.n.....w. �.., a,.,�. v �..., ATTEST ,..,� na....a�...... .r.u. n .. �».. ..� ,• ..a.. n.. ,........ ,uv,wave x,a ��..u.. �.....�„.. �. .x,n..u....n, �.� ...a...u...na ao. +..,-:>✓. PROPET'OWNERS CERi[CM1TION • •• w VICINITY MAP „ �� _I C,` ULRICII FARMS INC. N,w.-MroT",=u—w...,aa.>a USR PLAN MAP _o.0T m sm, ou „ _ co%oe�a -- I I- H 6 ,.ne. _,x -.IE54:a _ar n+. O 01 -5-031%•I V Ej M I G n 7 y I USE BY SPECIAL REVIEW USR 13-0069 i I ULRICH FARMS INC. -- LOT A OF RECORDED EXEMPTION RE-5064 BEING PART OF THE NORTHEAST 14 OF SECTION 22, TOWNSHIP 3 WEST, RANGE 67 NORTH OF THE 6th PM, WELD COUNTY, COLORADO _ _ _ 5 19 __ _ `� I g*�, ._ � 1 xy 2x �_: ' N.. N \ \ \ - \\ N \ o \ - \ 1 \ . • \\ USR#13-0069 ` 1 1 _ \ � \ USR BOUNDARY CI- AREA TO VACATE ❑ • USR BOUNDARY • UI �hw O O I I I I BEFORE � 0 200' 5001 2 AFTER — SCALE:r-500' Nola:The water well and water pipeline located on Lot B of RECX14-0149 supplies water to the water depot SCALE:I"-500 (USR13-0089)located on Lot A of RECX14-0148.This water well and pipeline IS owned and maintained by the SITE SPECIFIC DEVELOPMENT PLAN property owner of Lot A of RECX14-0149. USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS ULRICH FARMS,INC. USR13.0060 1. A Site Specific Development Plan and Use by Special Review Remit USR13.0069.Is for a Mineral Resource Development Facility.inducting 00 and Gas Support O W Service(two water depots)in Me A(Agricultural)Zone Dlatnd.subject to the Development Standards stated hereon. t" 2. Approval d INS plan may create a v0Sted property right pursuant to Section 23-8-10 of the Weld County Code. PLANNING COMMISSION CERTIFICATION ^ 3, The hours of operation are 24 hours a day.seven(7)days a week,as slated by fie applicant. This Is to certify that the Weld County Planning Commission has certified and does hereby recommend to the Board of County Commissioners,for Its confirmation.approval and adoption of this Site Specific 4. Vehicle 0001005 control pads will be installed and maintained through the life of the site to prevent backing of debris onto the County roadway. Development Plan and Use by Special Review as shown and described hereon this_day of 5. The historical now patterns and runoffamoinlo wet be malntalned on the site. — a. Should noxious weeds exist on the property,or become eslablishnd as a result of the proposed development.the epplcanteandowner shall be responsible for unending the noxious weeds. Chair,Weld County Planning Commission pursuant to Section 15-1-180 of the Weld County Code. — - BOARD OF COUNTY COMMISSIONERS CERTIFICATION 7. All liquid and said wastes(as Oefned in the Solid Wastes Disposal Sites and Fealties Act,Sateen 30-20-100.5.C.R.S.t shall be stored and removed fa final disposal in a manner that protects against surface and groundwater contamination. This is to certify that the Board of County Commissioners,Weld County,Colorado,does hereby confirm 8. No permanent disposal of wastes snail be permitted al this site.Ties is not meats to include moss wales specifically excluded from the dentin.Greenlet wash in the sold wastes Disposal and adopt this Site Specific Development Plan and Use by Special Review and Development Standards Saes and Faaldas Act.Section 30.20.100.5.C.R.S. 98 shown and described hereon the_day of 20- 9. Waste 0010005 shall be handled.stored.and disposed of in a manner that controls fugith'o dust.fugitive particulate emissions.blowing debris.and other potential nuisance conditions.The Chair,Board of County Commissioners applicant than operate in accordance with the approved Wasa Handing Plan.al ad limos. .ATTEST: 10.Fegiifve dust 004 fugarve particulate emissions shall be controlled on MN see.The facility shall be operated in aotoldance with the approved Dust Abatement Plan.at an braes. Weld County Clerk to the Board By: Deputy Clerk to the Board Date i1.This facility shall adhere to the maximum permissible noise levels allowed in the Noe_Sped5ed Zone.as 4011000104 re booboo 14-9-30 of the Weld County Code. PROPERTY OWNER'S CERTIFICATION a - D, 12.Adequate drinking.hand washing and toilet facilities shall be provided for employees and patrons of the facility,at an ernes.As employees or contractors are on the sne for less than two(2) The undersigned major properly owners do hereby agree to the Site Specific Development Plan and consecutive hours a day,portable Wets are accepted°. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for rimev by the Use by Special Review Development Standards as described hereon this—day a( Weld County Department of Public Health and Environment.Portable toilets shall be serviced by a cleaner licensed in Weld County and shaft contain hand sanexors. ,20_ 13.The fresh water storage and loading system shaft be operated in a manner to minimize spills.Fresh water spills should be captured in above-ground conlammenl areas for rouse or allowed to Infiltrate Them shell be no discharge from this process to surface waters or teroupl the featly;slormwater managemerl system.in accordance with the Rules and R0gu101nns of the Colorado Water Oualty Control Commission.and the Environmental Protection Agency. - --- Print Name Print Name 14.The operation shad campy win all applicable rules and regulations of slate and federal agencies and ale Weld County Code. - 15 Sources of Igm Mal be shielded so that light rays will not shine directly onto edfecent propertes where such would cause a nuisance or Interfere weh the use on the adjacent properties In — accordance win the plan.Neither the direct.nor reflected,light Iran any light source may create a traffic hazard to operators of motor vehicles an pubes or private strews.No colored lights may be u0e0 which may be confused with.Or construed as.traffic control devices. MAP 10.A building permit may be required.per Section 29-3-10 of the Weld County Code.Currently.the following have been adopted by Weld County 2012 1Memation0l Codes.2006 InlamaWe Y ICIN IlY - -- - - Energy Code,and 2011 National Electrical Code.A Building Permit Application must be completed and two(2)complete sets of onetime.plans bearing the wet stamp of a Colorado SCALE 1 2007 registered architect or engineer and must be submitted for review.A Geotechnical Engineering Report performed by a Colorado registered engineer shall be required or en Open Hole • -- Inspection. ' 1T.The property owner or operator shall be responsible for complying with fie Design and Operation Standards of ampler 23 of the Weld County Code. 18.Necessary personnel from the Weld Count Departments of Planning Services.Public Works.and Public Health are Environment shall be ranee access onto too property at any reasonable TWO RIVER FARMS,LLC RUSCN,ROSALIE E WEST FARM.LLC Y Dop n99 WEST FARM,LLC time in order to ensure the activities carried out on the property comply with the Gondrhoea of Pp nree l and Development Standards staled herein and all applicable Weld County regulatkns. µµ 0 `I 19.The Use by Special Review area shah ho limited to the plans sheen hereon and gevemed by the foregoin a standards end all applicable Weld Corry reguhtioes. Substantial changes from m ICLW e 8 ULRN FARMS, plans or Development Starpads.as de'wn or slated.shad Moore 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 periled.Any other charges shall be fled in the office of the Department of Planning Services. 20.The property owner or operator shall be responsible for combing with an of the foregone Development Standards.Noncompliance calm any of ere foregoing Development Standards may be g reason for revocation of toe Permit by the Board of County Commissioners Te 04001!0' `?�tT' .16FE1¢YA 21.WELD COUNTY'S RIGHT TO FARM,Weld County Is one of the most pmdu0Ne agricultural counties Mme United Sates.typically ranking in the top ten counties in the country In total market value of agricultural products sold.The near areas of Weld County may be open and spacious,out they are fntenevely used for agn0d ure. Persons moving Into a rural area must recognize and accept there are drawbacks,including conflicts with erg-standing agricultural precedes and a lower level of service`s than in town. Along wIm the drawbacks came the incentives wtnrl' attract urban dwellers to relocate to rural areas: open views.spaciousness.wildlife.lack of dh nose end congestion.and the rural atmosphere and way o1 Me. Without nelgebonn9 farms. Y1/ -- those features which attract urban dwellers to rural Weld County would quickly be gone forever. — MAYER,KENNETH MAYER,NENNETHJ ULRICH FARMS,LLC WELD LAND HOLDINGS,LLC Agricultural users of the hind should not be expected In change their Iong'ostablshod agricultural practices to accommodate the intrusions of urban users Iran a oral area.Well-run agrhellurel activities will generate on-site impacts.including noise from traders and agreement siow.modrg farm vehicles on rural roads:dust Iran animal pens.field work.harvest and gravel roads odor from animal confinement.silage and manure;smoke from ditch burning;des and mosquitoes;hinting and trapping activities:shooting spans,legal hazing of nuisance wildlife;and the use of pesbddes and fertilizers in the fields.including the use of aerial spraying. It is common practice(a agricultural producers to utilize an accumulation of agricultural machinery arm supplies to assist in thee aencullural operations.A crmcontration of misrnganimus egrk:ulheat 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 agrlcul5Jral 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 agnalturel pmdueller. Water has been,and conknues to be.the lifeline for Ina agricultural community. It is unrealistic to assume Mal ditches and reservoirs may empty be moved'out re the way'of residential development.When moving to the County.popery owners and residents must melee they cannot take water from irrigation ditches.lakes.a other structures.unless they have an adjudicated . _ _ 00 right 10 the water. coven eErelEm1 J �- Co • Weld County covers a land area el approximately four thousand 1,4.000 square rules in size(ha.the size of the State of Delaware will more than three thousand seven hundred(3,700 miles 0 NOIWTERN COLORADO of state and County roads outside of muniapaM,es. The sheer magnitude of the area to be served stretches available resources. Law enforcement Is based on responses to complaints more 8 WATERCONSERVANCY than on patrols of the County.and the distances whltll must be traveled may delay all emergency responses.including law enforcement.ambulance.and fire.Fide protection is usually provided i MAYER FARMS.LLC I KAHLER.VICKO J II by volunteers who must leave their jabs and families to respond to emergence..County gravel roads,no matte how often they are bladed.will not provide the same kind of surface expected MAYER FAMILY FARMS,t IC from a paved road.Snow removal plorities mean that roads from subdivisions to arteries may notbe cleared for several days alter a major snowstorm Services In rural areas,in many cases, r MAYER FAMILY FARMS.LLC will not be eq W ulv9nt to municipal services.Her Herat dwellers musl,by necessity.be'TOM self-sufficient than urban dwellers. S�, I \\\\ 0 People are mooned to different hazards in the County than in an urban or suburban setting. Far equipment and oil field equipment paws and irrigation)ditches,electrical power for pumps J. I ✓ and center plvdl operations.high spine traffic,sand burs,puncture vines.territorial farm dogs and livestock,and open bunting present real threats.Controlling chicken's activities 0 eponanL 'ill NAaER0011 net only for their safety.old oho Ia the protection of lanais livelihood_ Roma m th Z lit G n t0 ' ULRICH FARMS INC. .. '� ;'I USR PLAN MAP vAGPROfessionals 8 ', a DEVELOPERS Of AGRICULTURE •0-Z LOT A OF RECORDED EXEMPTION RE-5064 BEING PART OF THE NORTHEAST Ii OF 3050 67th Avenue,Suite 200,Greeley,CO 80634 'I I I ' I o ! I 1 SECTION 22,TOWNSHIP 3 WEST.RANGE 67 NORTH OF THE 6th PM, pow wIlats below. fi I.--r WELD COUNTY,COLORADO (970)535-9318•fax:(970)535-9854 Call before you dig fi Hello