HomeMy WebLinkAbout20140726.tiff EXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSIO
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMIS / rWFear
Moved by Joyce Smock, 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: USR13-0060
APPLICANT: RODNEY & KAREN STEELY
PLANNER: CHRIS GATHMAN
REQUEST: 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.
LEGAL DESCRIPTION : LOT B REC EXEMPT RE-3779; PART S2 SECTION 16; T6N, R65W OF THE 6TH
P. M. , WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO STATE HIGHWAY 392 AND APPROXIMATELY
420 FEET WEST OF CR 43.
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.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
20/ 'F072/c
RESOLUTION USR13-0060
RODNEY & KAREN STEELY
PAGE 2
(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 1/4 mile north of State Highway 392
and approximately Y4 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 1/4 -1 /2 mile to the southeast of the proposed facility and is also owned by Mr.
and Mrs. Steely.
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.
RESOLUTION USR13-0060
RODNEY & KAREN STEELY
PAGE 3
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 Planning Commission 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 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)
RESOLUTION USR13-0060
RODNEY & KAREN STEELY
PAGE 4
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 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)
RESOLUTION USR13-0060
RODNEY & KAREN STEELY
PAGE 5
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 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 (U IC) 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)
Motion seconded by Bruce Sparrow.
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.
RESOLUTION USR13-0060
RODNEY & KAREN STEELY
PAGE 6
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 February 18, 2014.
Dated the 18th of February, 2014.
Digitally signed by Kristine
ci� 'Pate Ranslem
Date: 2014.02.21 15:07:34 -07'00'
Kristine Ranslem
Secretary
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 for the oil and gas support and service facility are 24 hours a day Monday —
Sunday, as stated by the applicant(s). (Department of Planning Services)
5. The hours of operation for the landscaping business shall be from 7:30 am to 5:30 pm Monday through
Friday. (Department of Planning Services)
6. The parking on the site shall be maintained in accordance with the approved Parking Plan. (Department of
Planning Services)
7. The signage on the site shall be maintained in accordance with the approved Signage Plan. (Department
of Planning Services)
8. The lighting on the site shall be maintained in accordance with the approved Lighting Plan. (Department of
Planning Services)
9. The landscaping on the site shall be maintained in accordance with the approved landscape Plan.
(Department of Planning Services)
10. 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)
11 . 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)
12. 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)
13. 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)
14. 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)
RESOLUTION USR13-0060
RODNEY & KAREN STEELY
PAGE 8
1-5. 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 Heaafh- d--E-nwironmcnt)
16. 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)
17. 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)
18. 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)
19. 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)
20. 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)
21 . 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)
22. 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)
23. 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)
24. The applicant shall comply with ally provisions of the Undecg-round and Above Ground Stecragc Tank
- and Environment)
25. The facility shall utilize the existing public water supply (North Weld County Water District). (Department of
Public Health and Environment)
26. 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)
27. 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)
28. Outdoor storage of landscaping equipment and materials shall be screened from adjacent residences.
(Department of Planning Services)
RESOLUTION USR13-0060
RODNEY & KAREN STEELY
PAGE 9
29. 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)
30. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public
Works)
31 . The easement shall be graded and drained to provide an all-weather access. (Department of Public
Works)
32. 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)
33. 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)
34. 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)
35. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
36. 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.
37. 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.
38. 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.
39. 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.
RESOLUTION USR13-0060
RODNEY & KAREN STEELY
PAGE 10
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.
PC YV1 Wes
A- ig- P-1 EXHIB
IT
fs
CASE NUMBER: USR13-0066
APPLICANT: CIRCLE B LAND COMPANY LLC / - god,
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES
INCLUDING OIL AND GAS SUPPORT AND SERVICE (DISPOSAL AND
RECYCLING SITES FOR PRODUCTION WASTE - A CLASS II
UNDERGROUND INJECTION WELL AND AN OIL AND GAS CONSTRUCTION
LAY DOWN/STORAGE YARD) IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: E2SE4 SECTION 27, T5N, R61W OF THE 6TH P. M.; WELD COUNTY,
COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 52 AND 2 MILES EAST OF CR 89.
Chris Gathman, Planning Services, presented Case USR13-0066, 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.
Vince Harris, Baseline Corporation, representing Bill Barrett Corporation. He stated that they are
proposing an injection well and storage yard. This well will be used for the safe disposal of fluids
associated with oil and gas production activities. The site will be located on a Subdivision Exemption
parcel of approximately 11 acres. Curt Schneider, Production Engineer, stated that the well will have 2
layers of casing and concrete and will be going approximately 7700 feet below the surface.
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 USR13-0066 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 Jordan Jemiola, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes,
Nick Berryman.
CASE NUMBER: USR13-0060
APPLICANT: RODNEY & KAREN STEELY
PLANNER: CHRIS GATHMAN
REQUEST: 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.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE-3779; PART S2 SECTION 16, T6N, R65W OF THE
6TH P.M. , WELD COUNTY. COLORADO.
LOCATION: NORTH OF AND ADJACENT TO STATE HIGHWAY 392 AND
APPROXIMATELY 420 FEET WEST OF CR 43.
Chris Gathman, Planning Services, presented Case USR13-0060, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this
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application with the attached conditions of approval and development standards. Mr. Gathman referred
to Development Standard Number 4 and suggested that it be amended or added as a separate standard
with regard to the hours of operation for the landscaping business. He said that the added language
could read "The hours of operation for the landscaping business shall be from 7:30 am to 4: 30 pm
Monday through Friday."
Mary Even, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan. Ms. Evett recommended deleting Development Standard 14
as it is duplicated under Development Standard 17. Additionally, she recommended deleting
Development Standard 23 as they are not having fuel on site and therefore it does not apply to this
request.
Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Rodney Steely, 20759 Hwy 392, stated that they plan to operate a trucking business along with the
existing landscaping business. They anticipate running 20 trucks through the site daily and the will have
up to 7 office personnel. He added that they have satellite locations in Brighton, Longmont, Greeley and
Kersey. They plan to build a 175 by 100 foot building on site. The remaining property will be farmed.
Paul Brewer, 13259 Holly Street, Thornton, Colorado, stated that he has been helping with the planning
process.
Commissioner Smock referred to the application which states the building proposed would be 125x100
feet and asked if they have changed the dimensions to 175x100 feet. Mr. Steely said that the design has
been changed to 175x100 feet. Ms. Smock asked if he intends to continue to operate the satellite
locations. Mr. Steely replied that they intend to continue to keep the satellite facilities.
Commissioner Sparrow referred to the 20 trucks per day and asked if he foresees future growth . Mr.
Steely said that he could possibly grow to 40 trucks per day but does not plan to go over that.
Commissioner Smock asked about the adjacent house to the east and if it is occupied . Mr. Steely said
that someone is residing in the residence.
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 any comments with regard to the new proposed development
standard for the hours of operation for the landscaping business. Mr. Steely requested that the hours of
operation be changed to 7:30 am to 5:30 pm.
Motion : Add a new Development Standard 5 to read "Hours of operation for the landscaping business
shall be from 7: 30 am to 5:30 pm Monday through Friday", Motion by Benjamin Hansford, Seconded by
Joyce Smock. Motion carried unanimously.
Motion: Delete Development Standards 14 and 23 as stated by staff, Motion by Benjamin Hansford,
Seconded by Bruce Sparrow. Motion carried unanimously.
Mr. Gathman suggested clarifying the hours of operation for Development Standard 4 by adding "for the
oil and gas support and service facility".
Motion: Amend Development Standard 4 to read "The hours of operation for the oil and gas support and
service facility are 24 hours a day Monday — Sunday, as stated by the applicant(s).", Motion by Bruce
Sparrow, Seconded by Benjamin Hansford. Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
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Motion : Forward Case USR13-0060 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Joyce Smock, Seconded by Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes,
Nick Berryman.
The Chair called a recess at 2: 53 pm and reconvened the hearing at 3:03 pm.
CASE NUMBER: USR13-0061
APPLICANT: WELLS RANCH, CIO DCP MIDSTREAM
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT
FOR MINERAL RESOURCE DEVELOPMENT, OIL AND GAS SUPPORT AND
SERVICE, INCLUDING OIL AND GAS PROCESSING FACILITIES AND
RELATED EQUIPMENT, INCLUDING: BUT NOT LIMITED TO, THREE (3)
COMPRESSORS ASSOCIATED WITH GAS PROCESSING OR WHICH
COMPRESS GAS TO ENTER A PIPELINE FOR TRANSPORT TO MARKET,
AND A ONE HUNDRED FOOT IN HEIGHT COMMUNICATIONS TOWER IN
THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION: SUBX13-0027 BEING PART OF THE NW4NW4NE4 AND THE NE4NE4NW4
OF SECTION 26. T6N, R63W OF THE 6TH P.M. , WELD COUNTY,
COLORADO.
LOCATION: ONE MILE SOUTH OF CR 68; 0.5 MILE EAST OF CR 69, WELLS RANCH.
Kim Ogle, Planning Services, presented Case USR13-0061 , 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. Mr. Ogle suggested deleting Development
Standard 11 as it is duplicated in Development Standard 13. Additionally, he requested that
Development Standard 14 be deleted as it is not required. Mr. Ogle recommended amending
Development Standard 24 be adding "Following the commencement of operation" to the beginning of the
first sentence.
Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
Mr. Ogle recommended amending Development Standard 24 by adding "Following the commencement of
operation," to the beginning of the first sentence.
Patrick Groom, 822 7th Street, Suite 760, Greeley, Colorado, stated that DCP is leasing 20 acres for this
compressor station. Because of the increased production of the area, particularly at Wells Ranch, this is
to support that activity. Production would flow from the Rocky compressor station to the Wells Ranch
compressor station and then it would travel west to the Libsack compressor station. Eventually the
production would be delivered to the processing plant at Lucerne where the gas would then be processed
and separated and delivered to market from that location.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Motion : Delete Development Standard 11 and 14 as stated by staff, Motion by Michael Wailes, Seconded
by Bruce Sparrow. Motion carried unanimously.
Motion: Amend Development Standard 24 as stated by staff, Motion by Bruce Sparrow, Seconded by
Benjamin Hansford. Motion carried unanimously.
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