HomeMy WebLinkAbout20140727.tiff LAND USE APPLICATION
SUMMARY SHEET
Planner: C. Gathman Hearing Date: February 18, 2014
Case Number: USR13-0060
Applicant: Rodney L. & Karen Steely
Address: 20749 State Highway 392, Greeley, CO 80631
Request: A Site Specific Development Plan and Amended Use by Special Review Permit to amend
USR-1526 (Any use permitted as a Use by Right, an Accessory Use, or a Use by Special
Review in the industrial zone districts (storage of landscaping materials and equipment
along with employee parking associated with a landscaping business) Mineral resource
development facilities including oil and gas support and service facilities (Truck parking,
maintenance, repair and office associated with a crude oil transportation company) along
with amending the boundaries of USR-1526 to encompass the entire area of Lot B of RE-
3779 in the A(Agricultural) Zone District.
Legal Lot B Recorded Exemption RE-3779; Being part of S2 of Section 16, T6N, R65W of the
Description: 6th P.M., Weld County, CO
Location: North of and adjacent to State Highway 392 and approximately 420 feet west of County
Road 43.
Size of Parcel: +/- 70.03 acres Parcel No. 080316400002
The criteria for review of this Special Review Permit are 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 Department of Public Works, referral dated December 27, 2013
Xx Weld County Department of Building Inspection, referral dated December 27, 2013
➢ Weld County Department of Public Health and Environment, referral dated January 8, 2014
➢ Colorado Department of Transportation, e-mail referral dated December 18, 2013
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Weld County Zoning Compliance, December 17, 2013
➢ Town of Eaton, referral dated December 18, 2013
➢ City of Greeley, referral dated December 31, 2013
Colorado Division of Parks and Wildlife, referral dated January 14, 2014
State of Colorado, Division of Water Resources, referral dated December 31, 2013
USR13-0060, Steely, Page 1 of 12
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Eaton Fire Protection District
➢ Weld County Sheriff's Office
➢ North Weld County Water District
➢ Petroleum Development Corporation
USR13-0060, Steely, Page 2 of 12
I r SPECIAL REVIEW PERMIT
I' ADMINISTRATIVE REVIEW
N"v -/
Planner: C. Gathman Hearing Date: February 18, 2014
Case Number: USR13-0060
Applicant: Rodney L. & Karen Steely
Address: 20749 State Highway 392, Greeley, CO 80631
Request: A Site Specific Development Plan and Amended Use by Special Review Permit to amend USR-
1526 (Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in
the industrial zone districts (storage of landscaping materials and equipment along with
employee parking associated with a landscaping business)to include Mineral resource
development facilities including oil and gas support and service facilities (Truck parking,
maintenance, repair and office associated with a crude oil transportation company) along with
amending the boundaries of USR-1526 to encompass the entire area of Lot B of RE-3779 in
the A(Agricultural)Zone District.
Legal Lot B Recorded Exemption RE-3779; Being part of S2 of Section 16, T6N, R65W of the 6th
Description: P.M., Weld County, CO
Location: North of and adjacent to State Highway 392 and approximately 420 feet west of County Road
43.
Size of Parcel: +/- 70.03 acres Parcel No. 080316400002
Case Summary:
The applicant is proposing to amend existing USR-1526 (storage of landscaping equipment and materials
along with employee parking associated with a landscape business) to add an oil and gas service facility.
Additionally the applicant is proposing to expand the boundaries of USR-1526 to encompass the entirety
of Lot B of Recorded Exemption RE-3779. The applicant is proposing to add a 100 x 175 foot building
that will be utilized for truck maintenance and repair along with an office associated with an oil and gas
support and service business. Additionally the applicant plans to provide access and parking for 10-20
crude oil trucks. The application indicates that the Oil and Gas Support facility will maintain office hours
from 7:00AM to 5:00 PM with limited weekend hours on occasion. The crude oil trucks and tankers
associated with the facility operate offsite 24 hours a day and may periodically visit the site during the 24-
hour time period. The building and access and parking area will cover a 400 x 600 feet area and will be
fenced. The application indicates that trees will be planted (spaced 20-feet apart) from the boundary line
on the west to the access road to the east. Additionally shrubs would be planted along the south and east
property lines. The landscaping business approved under USR-1526 would remain. The site will utilize an
existing access easement off of State Highway 392. The Colorado Department of Transportation is
requiring an eastbound to northbound left turn lane for this amendment.
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.
USR13-0060, Steely, Page 3 of 12
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.
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."
Section 22-2-20 I. A.Goal 9. States: "Reduce potential conflicts between varying land
uses in the conversion of traditional agricultural lands to other land uses."
Section 22-2-20 1.3. A.Policy 9.3. States: "Consider mitigation techniques to address
incompatibility issues. Encourage techniques and incentives, such as but not limited to
clustered development and building envelopes, to minimize impacts on surrounding
agricultural land."
22-2-100 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."
Several conditions of approval and development standards are proposed (including
requiring submittal of a lighting plan for review and approval and a development standard
that requires the facility to adhere to Commercial noise limits as delineated in the Weld
County Code) to ensure compatibility with existing surrounding land uses. Per the
application materials, the applicant is proposing to install trees and shrubs along the
perimeter of the site.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District. Section 23-2-40.S of the Weld County Code allows any use
permitted as a Use by Right, an accessory use, or a Use by Special Review in the
commercial or industrial zone districts, 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 (for the landscaping business) and Section 23-
3-40.A.2 of the Weld County Code allows oil and gas support and service facilities as a
Use by Special Review (for the truck maintenance and repair facility associated with the
crude hauling business) in the A (Agricultural)Zone District
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses. The site is located on a 70 acre parcel. The existing
landscaping business and proposed oil and gas support business cover only
approximately 10 acres of the site. The remainder of the property is in crop (alfalfa) and a
portion of the site to the north and east is located within the 100-year floodplain. The
proposed oil and gas support facility building and parking area will be located
approximately '/, mile north of State Highway 392 and approximately '/, to '/ mile to the
northwest and west of the nearest three (3) single family residences. There is an existing
Use by Special Review Permit for an oil and gas support facility (USR-1764 — parking
and maintenance for a tank service company) approximately '/ -1/2 mile to the southeast
of the proposed facility and is also owned by Mr. and Mrs. Steely.
USR13-0060, Steely, Page 4 of 12
Several conditions of approval and development standards are proposed (including
requiring submittal of a lighting plan for review and approval and a development standard
that requires the facility to adhere to Commercial noise limits as delineated in the Weld
County Code) to ensure compatibility with existing surrounding land uses. Per the
application materials, the applicant is proposing to install trees and shrubs along the
perimeter of the site.
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 City of Greeley and Town
of Eaton. The City of Greeley and the Town of Eaton in their referral comments, dated
December 31, 2013 and December 18, 2013, respectively indicated that they have no
concerns.
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 facility is located on approximately 70.03 acres delineated as "Prime" per
the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The
existing landscape business and proposed oil and gas support business operation areas
encompass 10 acres of the property. The remaining portion of the property is either in
agricultural production (with the exception of an existing oil and gas well and tanks) or
located within the floodplain.
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 plat:
A. The existing septic system for the landscape company facility, Permit SP-0500412, shall be
reviewed by a Colorado Registered Professional Engineer. The review shall consist of
observation of the system and a technical review describing the systems' ability to handle the
USR13-0060, Steely, Page 5 of 12
proposed hydraulic load. The review shall be submitted to the Environmental Health Services
Division of the Weld County Department of Public Health and Environment. In the event the
system is found to be inadequately sized or constructed the system shall be brought into
compliance with current Regulations. (Department of Public Health and Environment)
B. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V
Injection Well permit from the Environmental Protection Agency(EPA)for the existing septic
system (a septic system with the capacity to serve 20 or more persons per day). Alternately,
the applicant can provide evidence from the EPA that they are not subject to the EPA Class V
requirements. (Department of Public Health and Environment)
C. A copy of the Commercial Pesticide Applicators license, from the Colorado Department of
Agriculture, shall be provided to Environmental Health Services, Weld County Department of
Public Health & Environment. (Department of Public Health and Environment)
D. The applicant shall address the requirements of the Colorado Department of Transportation as
stated in their electronic mail referral dated December 18, 2013. Written evidence of such shall
be provided to the Department of Planning Services. (Colorado Department of Transportation)
E. The applicant shall provide a copy of an approved Colorado Department of Transportation
access permit to the Department of Public Works. (Department of Public Works)
F. The applicant shall submit a Lighting Plan to the Department of Planning Services, for review
and approval. Any lighting poles and lamps shall comply with Section 23-3-360.F. which
states, in part, that, "any lighting shall be designed, located, and operated in such a manner as
to meet the following standards: sources of light shall be shielded so that beams or rays of light
will not shine directly onto adjacent properties." (Department of Planning Services)
G. The applicant shall submit a Signage Plan to the Department of Planning Services, for review
and approval, if signage is desired. Signs shall be in compliance with Chapter 23, Article IV,
Division II and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of
Planning Services)
H. An improvements Agreement and road maintenance agreement is required for this site.
(Department of Public Works/Department of Planning Services)
I. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR13-0060 (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The plat 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 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. The applicant shall delineate on the plat a schematic of the improvements on
Highway 392 adjacent to the entrance to the facility. An eastbound to northbound left
turn lane is required per the Colorado Department of Transportation Referral dated
December 18, 2013. The following note shall be added to the plat drawing: "Traffic
improvements at the intersection of State Highway 392 and the site access shall be
USR13-0060, Steely, Page 6 of 12
designed and installed per CDOT standards. Permit and planning will be coordinated
with CDOT for this construction." (Department of Planning Services/Public Works)
6. Designate the vault for the vehicle maintenance shop floor drains on the plat.
(Department of Public Health and Environment)
7. Plot the existing septic system and proposed septic system on the plat. The septic
systems must be protected from vehicle traffic. (Department of Public Health and
Environment)
8. The Landscaping for the existing landscape business approved under USR-1526
shall be indicated. (Department of Planning Services)
9. The landscaping proposed for the Oil & Gas Support Business (as stated by the
applicant in the application questionnaire) shall be indicated. The types of proposed
trees and shrubs shall be indicated. (Department of Planning Services)
10. The approved Lighting Plan. (Department of Planning Services)
11. The approved Signage Plan. (Department of Planning Services)
12. Seventy-Five (75)feet from the centerline of State Highway 392 shall be indicated as
edge of future right-of-way. (Colorado Department of Transportation)
13. Show the approved Colorado Department of Transportation (CDOT) and label with
the approved access permit number. (Department of Public Works)
14. Show and label the floodplain and floodway (if applicable) boundaries on the plat.
Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel
Number. (Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit two (2) 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)
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 maps@co.weld.co.us. (Department of Planning Services)
5. Prior to Release of Building Permits:
A. An individual sewage disposal system is required for the proposed facility and shall be
installed according to the Weld County Individual Sewage Disposal Regulations. The septic
USR13-0060, Steely, Page 7 of 12
system is required to be designed by a Colorado Registered Professional Engineer according
to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health
and Environment)
B. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V
Injection Well permit from the Environmental Protection Agency(EPA)for any large-capacity
septic system (a septic system with the capacity to serve 20 or more persons per day).
Alternately, the applicant can provide evidence from the EPA that they are not subject to the
EPA Class V requirements. (Department of Public Health and Environment)
C. The installation of the septic system shall comply with the Weld County I.S.D.S. flood plain
regulations. No septic system shall be installed within the floodway. Please contact Weld
County Public Works to verify flood plain vs. floodway. (Department of Public Health and
Environment)
D. A Fire District notification letter will be required from the Eaton Fire Protection District.
(Department of Building Inspection)
E. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to
the start of construction/grading and prior to release of building permits. (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)
USR13-0060, Steely, Page 8 of 12
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Rodney L & Karen Steely
USR13-0060
1. A Site Specific Development Plan and Amended Use by Special Review Permit, USR13-0060, for an
amendment to USR-1526 (Any use permitted as a Use by Right, an Accessory Use, or a Use by
Special Review in the industrial zone districts (storage of landscaping materials and equipment along
with employee parking associated with a landscaping business) to include Mineral resource
development facilities including oil and gas support and service facilities (Truck parking, maintenance,
repair and office associated with a crude oil transportation company) along with amending the
boundaries of USR-1526 to encompass the entire area of Lot B of RE-3779 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 number of on-site employees shall be commensurate with the number of persons which the
septic system may accommodate in accordance with the requirements of the Weld County Code,
pertaining to Individual Sewage Disposal Systems (I.S.D.S.) Regulations. (Department of Planning
Services)
4. The hours of operation are 24 hours a day Monday — Sunday, as stated by the applicant(s).
(Department of Planning Services)
5. The parking on the site shall be maintained in accordance with the approved Parking Plan.
(Department of Planning Services)
6. The signage on the site shall be maintained in accordance with the approved Signage Plan.
(Department of Planning Services)
7. The lighting on the site shall be maintained in accordance with the approved Lighting Plan.
(Department of Planning Services)
8. The landscaping on the site shall be maintained in accordance with the approved landscape Plan.
(Department of Planning Services)
9. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section
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)
10. 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, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment)
11. Waste materials shall be handled, stored, and disposed of 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)
12. 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)
USR13-0060, Steely, Page 9 of 12
13. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone
District, as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health
and Environment)
14. 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)
15. 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)
16. The applicant shall comply with all provision of the Pesticide Applicators' Act issued by the Colorado
Department of Agriculture, Division of Plant Industry. (Department of Public Health and Environment)
17. Vehicle maintenance shop 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)
18. In the event vehicles will be washed on site, the vehicle washing area(s) 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)
19. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Department of Public Health and
Environment)
20. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. (Department of Public Health and Environment)
21. Sewage disposal for the facility shall be by septic system. Any septic system located on the property
must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal
Systems. (Department of Public Health and Environment)
22. Any additional hydraulic load to an existing septic system will require an Evaluation from a Colorado
Registered Professional Engineer. The engineer's evaluation shall be submitted to the Weld County
Environmental Health Department. In the event the system is found to be inadequate, the system
must be brought into compliance with current Weld County Individual Sewage Disposal Regulations.
(Department of Public Health and Environment)
23. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank
Regulations (7 CCR 1101-4). (Department of Public Health and Environment)
24. The facility shall utilize the existing public water supply (North Weld County Water District).
(Department of Public Health and Environment)
25. 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)
26. 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
USR13-0060, Steely, Page 10 of 12
used which may be confused with, or construed as, traffic control devices. (Department of Planning
Services)
27. Outdoor storage of landscaping equipment and materials shall be screened from adjacent
residences. (Department of Planning Services)
28. 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)
29. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public
Works)
30. The easement shall be graded and drained to provide an all-weather access. (Department of Public
Works)
31. WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY
DESIGNATION. Please be advised that owners of Lot B may not be able to obtain building permits
to construct structures. All construction or improvements occurring in the floodplain as delineated on
Federal Emergency Management Agency FIRM Community Panel Map #080266-0627C dated
September 28, 1982, shall comply with all applicable 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. (Department of
Public Works)
32. 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 Public Works)
33. Building permits maybe 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)
34. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
35. 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.
36. 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.
37. 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.
USR13-0060, Steely, Page 11 of 12
38. 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.
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.
USR13-0060, Steely, Page 12 of 12
H N DEPARTMENT OF PLANNING SERVICES
a-$6i 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
�f PHONE: (970) 353-6100, Ext. 3537
r C j . i FAX: (970)304-6498
r
January 17, 2014
STEELY KAREN
20749 WHY 392
GREELEY, CO 80631
Subject: USR13-0060 -A Site Specific Development Plan and Amended Use by Special Review Permit
to USR-1526 (storage of landscaping materials and equipment along with employee parking associated
with a landscaping business) to include Mineral Resource Development Facilities including Oil and Gas
Support and Service Facilities (truck parking, maintenance, repair and office associated with a crude oil
transportation company) along with amending the boundaries of USR-1526 to encompass the entire
area of Lot B of RE-3779 in the A(Agricultural)Zone District.
On parcel(s)of land described as :
PT S2 SECTION 16, T6N, R65W LOT B REC EXEMPT RE-3779 (1.10D .58R)of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on February 18, 2014, at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on March 12, 2014 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.
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,
A Digitally signed mth ay Kristine fh nslem
0dcoc
Fuson:I am the author of t his document
Date:2014.01.1715:4955-07'00'
Chris Gathman
Planner
h N DEPARTMENT OF PLANNING SERVICES
"....*Ltija i 1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
PHONE: (970)353-6100, Ext. 3537
S' ? FAX: (970)304-6498
December 17, 2013
STEELEY KAREN
20749 WHY 392
GREELEY, CO 80631
Subject: USR13-0060 - A Site Specific Development Plan and Amended Use by Special Review Permit
to USR-1526 (storage of landscaping materials and equipment along with employee parking associated
with a landscaping business)to include Mineral Resource Development Facilities including Oil and Gas
Support and Service Facilities (truck parking, maintenance, repair and office associated with a crude oil
transportation company) along with amending the boundaries of USR-1526 to encompass the entire
area of Lot B of RE-3779 in the A(Agricultural)Zone District.
On parcel(s)of land described as:
PT S2 SECTION 16, T6N, R65W LOT B REC EXEMPT RE-3779 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.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Commission(s)for their review and comments:
Eaton at Phone Number 970-454-3338
Greeley at Phone Number 970-350-9741
Please call the listed Planning Commissions, for information regarding the date, time and place of the
meeting and the review process. It is recommended that you and/or a representative be in attendance at
each of the meetings described above in order to answer any questions that might arise with respect to
your application.
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed am auty hor
F�ndlom
Fuson:I am the author of this document
Date:2013.12.1709:51:34-07'00'
Chris Gathman
Planner
FIELD CHECK inspection dates: 2/7/2014
APPLICANT: Rodney L. & Karen Steely
CASE #: USR13-0060
REQUEST: A Site Specific Development Plan and Amended Use by Special Review Permit to amend
USR-1526 (Any use permitted as a Use by Right, an Accessory Use, or a Use by Special
Review in the industrial zone districts(storage of landscaping materials and equipment along
with employee parking associated with a landscaping business) Mineral resource
development facilities including oil and gas support and service facilities (Truck parking,
maintenance, repair and office associated with a crude oil transportation company)along with
amending the boundaries of USR-1526 to encompass the entire area of Lot B of RE-3779 in
the A (Agricultural)Zone District.
LEGAL: Lot B Recorded Exemption RE-3779; Being part of S2 of Section 16, T6N, R65W of the
6th P.M., Weld County, CO
LOCATION: North of and adjacent to State Highway 392 and approximately 420 feet west of County
Road 43.
PARCEL ID #s: 080316400002
ACRES: +/- 70.03
Zoning Land Use
N A N Cropland
E A E Cropland (2 single family residences)
S A S Cropland (Single Family Residence)
W A W Cropland
COMMENTS:
Existing landscaping business and proposed oil and gas support facility will cover approximately 10 acres
of the property. The remaining property is in crop (alfalfa) and a portion of the property is within the 100-
year floodplain.
.1 •w c
Chris Gathman - Planner Ill
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