HomeMy WebLinkAbout20140862.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jason Maxey,that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR13-0069
APPLICANT: ULRICH FARMS INC
PLANNER: DIANA AUNGST
REQUEST: 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
LEGAL DESCRIPTION: LOT A REC EXEMPT RECX13-0120; PART NE4 SECTION 22, T3N, R67W OF
THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 21;APPROXIMATELY 0.6 MILES NORTH OF
HWY 66.
be recommended favorably to the Board of County Commissioners 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 Planning Commission that the applicant has shown compliance with Section 23-
2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1.--The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect.
Section 22-2-20.G-A.Goal 7 states, "County land use regulations should protect the individual
property owner's right to request a land use change." and 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 applicant,Mr. Kenneth Ulrich of Ulrich Farms,Inc.,is proposing to operate two water depots
on a 34.9 acre site. There is a private residence on the northwest section and the two water
depots will be located on the southwest section of the site. The northern water depot has two
pressure tanks and four pumping stations;the southern water depot has four pumping stations.
Both wells have a totalizing flow meter.The two water depots operate separately,that is,a truck
that loads water from the northern water depot will not load water from the southern water depot.
A maximum of 25 trucks is expected to access these two water depots on a daily basis. No more
than 979 acre-feet per year will be pumped from these two water depots according to the Division
of Water Resources.
The application materials state that there will be no employees and the hours of operation are
requested to be 24 hours a day/7 days a week. The applicant has stated that no landscaping or
fencing/screening is proposed. The application materials address the lighting for the site and no
parking is proposed or recommended. The Development Standards and the Conditions of
Approval for this proposal will assist in mitigating the impacts of the facility on the adjacent
properties and ensure compatibility with surrounding land uses.
B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District Section 23-3-40.A.2. allows 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.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with th existing
surrounding land uses. EXHIBIT
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RESOLUTION USR13-0069
ULRICH FARMS INC
PAGE 2
The adjacent properties are mainly utilized for pastures, crops, and rural residences. County
Road 21 borders the site on the east. The properties to the north,south,and west are cropland.
The closest residence is approximately 400 feet east of the site.
There are four(4)USRs located within one mile of this site. Amended USR-127 for a feedlot for
8,000 head of cattle is located on the parcel west of and adjacent to the site. USR-1063 for a 24"
gasline is located one-quarter mile to the west. USR-1040 for an agricultural service
establishment and USR-338 for gravel mining are located one mile to the west of the site. The
Weld County Department of Planning Services has not received any correspondence from the
surrounding property owners that objects to this USR.
The Development Standards and the Conditions of Approval for this proposal will assist in
mitigating the impacts of the facility on the adjacent properties and ensure compatibility with
surrounding land uses.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected municipalities.
The site is located within the three(3) mile referral area of the Towns of Milliken, Firestone,and
Platteville.The Town of Milliken's referral dated January 15,2014 and The Town of Platteville's
referral dated January 6, 2014 indicated no concerns. The Town of Firestone did not respond
with any referral comments.
E. Section 23-2-220.A.5--The application complies with Chapter 23,Article V,of the Weld County
Code. The existing site is within the County-Wide Road Impact Fee Area and the Capital
Expansion Impact Fee area.
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 proposed USR is located on approximately 34.9 acres "Prime (Irrigated)" and 5 acres of
"Irrigated Land, Not Prime"per the 1979 Soil Conservation Service Important Farmlands of Weld
County Map. This USR will not take any acres of Prime (Irrigated) Farmland out of production
because the section of the site that is being used for water depots is too small to farm.
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.
RESOLUTION USR13-0069
ULRICH FARMS INC
PAGE 3
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. Recorded Exemption RECX13-0120 shall be recorded prior to the Board of County
Commissioners hearing that is scheduled for March 19,2014.(Department of Planning Services)
B. An Improvements Agreement is required for the site (haul route CR 21). Off-site Road
Maintenance including dust control,damage repair,and triggers for improvement will be included.
(Department of Public Works)
C. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0069. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The plat shall be prepared per Section 23-2-260.D of the Weld County Code.(Department of
Planning Services)
4) The plat shall delineate the trash collection areas. Section 23-3-350.H of the Weld County
Code addresses the issue of trash collection areas. Areas used for storage or trash
collection shall be screened from adjacent properties and public rights-of-way. These areas
shall be designed and used in a manner that will prevent trash from being scattered by wind
or animals. (Department of Planning Services)
5) County Road 21 is designated on the Weld County Road Classification Plan as a collector
road,which requires 80 feet of right-of-way at full build out.There is presently 60 feet of right-
of-way.An additional 55 feet shall be delineated on the plat as future County Road 21 right-
of-way.All setbacks shall be measured from the edge of future right-of-way. The applicant
shall verify the existing right-of-way and the documents creating the right-of-way and this
information shall be noted on the plat. If the right-of-way cannot be verified, it shall be
dedicated. This road is maintained by Weld County. (Department of Public Works)
6) Show tracking control; it is required to prevent tracking from the site onto the County
roadway. (Department of Public Works)
7) Show the approved accesses on the plat and label it with the approved access permit number
(AP13-00389). (Department of Public Works)
8) Show the approved Water Quality Capture Feature and label it"No build, no storage area".
(Department of Public Works)
2. Upon completion of Condition of Approval#1 above,the applicant shall submit three(3)paper copies
or one(1)electronic copy(.pdf)of the plat for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all
other documentation required as Conditions of Approval.The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The
Mylar plat and additional requirements shall be submitted within 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 plat
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)
RESOLUTION USR13-0069
ULRICH FARMS INC
PAGE 4
4. The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review,as appropriate. Acceptable CAD formats are.dwg, .dxf,and.dgn(Microstation);acceptable
GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase(MDB). The preferred format
for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to
mapsaco.weld.co.us. (Department of Planning Services)
5. Prior to construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the
start of construction. (Department of Public Works)
6. 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 plat 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)
Motion seconded by Joyce Smock.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bret Elliott
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Mark Lawley
Michael Wailes
Nick Berryman
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Kristine Ranslem,Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on March 4, 2014.
Dated the 4th of March, 2014.
Digitally signed by Kristine
4 rSicq nt-'`&1141�h'L Ranslem
Date:2014.03.10 09:12:02-06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Ulrich Farms, LLC
USR13-0069
1. A Site Specific Development Plan and Use by Special Review Permit, USR13-0069, 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, 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 24-hours a day/7-days a week, as stated by the applicant. (Department of
Planning Services)
4. Vehicle tracking control pads will be installed and maintained through the life of the site to prevent tracking
of debris onto the County roadway. (Department of Public Works)
5. The historical flow patterns and run-off amounts will be maintained on site. (Department of Public Works)
6. Should noxious weeds exist on the property or become established as a result of the proposed
development,the applicant/landowner shall be responsible for controlling the noxious weeds,pursuant to
Section 15-1-180 of the Weld County Code. (Department of Public Works)
7. All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5,
C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
8. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes
specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities
Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment)
9. 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 the approved Waste Handling Plan, at all times. (Department of Public Health and
Environment)
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved Dust Abatement Plan, at all times. (Department of Public
Health and Environment)
11. This facility shall adhere to the maximum permissible noise levels allowed in the Non Specified Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment)
12. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. As employees or contractors are on site for less than 2 consecutive hours a day
portable toilets 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 and shall
contain hand sanitizers. (Department of Public Health and Environment)
13. The fresh water storage and loading system shall be operated in a manner to minimize spills.Fresh water
spills should be captured in above-ground containment areas for reuse or allowed to infiltrate.There shall
be no discharge from this process to surface waters or through the facility's stormwater management
system,in accordance with the Rules and Regulations of the Colorado Water Quality Control Commission,
and the Environmental Protection Agency. (Department of Public Health and Environment)
RESOLUTION USR13-0069
ULRICH FARMS INC
PAGE 6
14. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the
Weld County Code. (Department of Public Health and Environment)
15. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where
such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the
plan. 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)
16. A building permit may be required, per Section 29-3-10 of the Weld County Code.Currently the following
has been adopted by Weld County: 2012 International Codes; 2006 International Energy Code; 2011
National Electrical Code; A building permit application must be completed and two complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted
for review.A geotechnical engineering report performed by a registered State of Colorado engineer shall
be required or an open hole inspection. (Department of Building Inspection)
17. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
18. 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.
19. 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.
20. 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.
21. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States,typically ranking in the top ten counties in the country in total market value
of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks,including conflicts with long-standing agricultural practices and a lower level of services than
in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural
areas: open views, spaciousness,wildlife, lack of city noise and congestion, and the rural atmosphere
and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld
County would quickly be gone forever.
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.
RESOLUTION USR13-0069
ULRICH FARMS INC
PAGE 7
Water has been,and continues to be,the lifeline for the agricultural community. It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development. When
moving to the County, property owners and residents must realize they cannot take water from irrigation
ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000)square miles in size(twice the
size of the State of Delaware)with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses,including law enforcement,
ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies. County gravel roads, no matter how often they are bladed,will not
provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in
rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by
necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations,high speed traffic,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.
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CASE NUMBER: USR13-0069
APPLICANT: ULRICH FARMS INC
PLANNER: DIANA AUNGST
REQUEST: 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
LEGAL DESCRIPTION: LOT A REC EXEMPT RECX13-0120; PART NE4 SECTION 22, T3N, R67W OF
THE 6TH P.M. , WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 21 ; APPROXIMATELY 0.6 MILES NORTH
OF HWY 66.
Diana Aungst, Planning Services, presented Case USR13-0069, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
Tim Naylor, AGPROfessionals, 3050 67th Avenue, Greeley, stated that this is a proposal for a water depot
facility with two (2) locations to load trucks. He added that there will be one (1 ) operator and they
estimate up to 25 trucks per day.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR13-0069 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Jason Maxey, Seconded by Joyce Smock.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Bruce Sparrow, Jason Maxey, Joyce Smock, Mark Lawley, Michael Wailes, Nick Berryman.
CASE NUMBER: USR13-0063
APPLICANT: DCP MIDSTREAM
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR A NON-1041 MAJOR FACILITY OF A PUBLIC UTILITY (12-INCH
NATURAL GAS DISCHARGE PIPELINE 2.4 MILES LONG) IN THE A
(AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION: THE PREFERRED 70 RANCH DISCHARGE PIPELINE ROUTE BEGINS AT
THE 70 RANCH COMPRESSOR STATION (USR13-0062) LOCATED IN THE
NW4 OF SECTION 20, T5N, R63W RUNNING NORTH-NORTHEAST
THROUGH SECTIONS 17 AND 18 AND TERMINATING AT THE SLW
COMPRESSOR STATION (USR13-0025) LOCATED IN THE NW4 OF
SECTION 7, T5N, R63W OF THE 6TH P.M. WELD COUNTY, COLORADO
LOCATION: GENERALLY LOCATED SOUTH OF AND ADJACENT TO CR 6O SECTION
LINE; EAST OF CR 61 SECTION LINE; 0.25 MILES NORTH OF CR 388 AND
0.75 MILES WEST OF CR 65 SECTION LINE.
Kim Ogle, Planning Services, presented Case USR13-0063, reading the recommendation and comments
into the record. The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards. EXHIBIT
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