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HomeMy WebLinkAbout20130061BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Robert Grand, 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: USR12-0066 APPLICANT: LEWIS & SEDONIA HERRERA PLANNER: DIANA AUNGST REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR AN OIL AND GAS SUPPORT FACILITY (VEHICLE PARKING AND EQUIPMENT STORAGE ASSOCIATED WITH AN OILFIELD SERVICE FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION: N2NW4 SECTION 26, T7N, R63W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: EAST AND ADJACENT TO CR 69 AND APPROXIMATELY 1.0 MILES SOUTH OF CR 80. 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." Section 22-2-80.D - I. Goal 4 states, 'All new industrial development should pay its own way." The applicant will be responsible for covering all costs for all on -site and any applicable off -site improvements associated with this use, as required through the Improvements Agreement and Conditions of Approval. Section 22-2-100.E. - C. Goal 5. states "Minimize the incompatibilities that occur between commercial uses and surrounding properties." 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 Department of Planning Services is requesting a Screening Plan for the facility addressing the parking of storage area from public rights of way and adjacent properties. The closest residence is approximately 400 feet south of the subject property line. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the Agricultural (A) Zone District. Section 23-3-40.A.2 of the Weld County Code allows for, A Site Specific Development Plan and Special Review Permit for an Oil And Gas Support Facility (Vehicle Parking, Vehicle & Equipment Storage, and Vehicle and Equipment Maintenance Associated with an Oilfield Service Facility) 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. GI3- car/ RESOLUTION USR12-0066 LEWIS & SEDONIA HERRERA PAGE 2 The site is located approximately seven miles southwest of Briggsdale. Adjacent properties are mainly utilized for dryland pastures/crops and some residences. The nearest residence is located approximately 400 feet to the south of the southern property line. The Weld County Department of Planning Services has received concerns from one surrounding property owner. The concerns outlined in the email include noise and the establishment of a business on the subject property. The attached Development Standards and Conditions of Approval, including a required Screening Plan and a road improvements and maintenance plan, will address the impacts and attempt to ensure compatibility with surrounding area. 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 not located within three miles of a municipality. E. Section 23-2-220.A.5 -- The application complies with Article V of the Weld County Code. The existing site is within the County Road Impact Fee Area and the Capital Expansion Impact Fee and Drainage Impact Fee areas. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2) Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2) 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 soils designated as "Other" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The proposed USR will not take Prime (Irrigated) Farmland out of production. G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of 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 Planning Commission recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. Access improvements are required and shall include 60' radiuses to accommodate turning trucks and tracking control to prevent the tracking of mud onto the gravel roadway. Standard tracking control for accesses onto gravel roads includes double cattle guards at the access point. (Department of Public Works) B. The applicant shall submit to the Department of Planning Services with a Lighting Plan for review and approval. With approval, the Lighting Plan information shall be graphically delineated on the USR Plat. (Department of Planning Services) RESOLUTION USR12-0066 LEWIS & SEDONIA HERRERA PAGE 3 C. The applicant shall submit a Screening Plan to the Department of Planning Services for review and approval. With approval, the Screening Plan information shall be graphically delineated on the USR Plat. (Department of Planning Services) D. The applicant shall submit a Sign Plan to the Department of Planning Services for review and approval. With approval, the sign information shall be graphically delineated on the USR Plat. (Department of Planning Services) E. The applicant shall apply for all applicable building permits. (Department of Planning Services.) F. The plat shall be amended to delineate the following: 1) All sheets of the plat shall be labeled USR12-0066. (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 approved Screening Plan, to address the parking of vehicles and equipment, the outdoor storage of materials, including the trash dumpster associated with this facility shall be screened from adjacent properties, including the public rights -of -way. (Department of Planning Services) 5) The approved Lighting Plan, as applicable. (Department of Planning Services) 6) The approved Signage Plan, as applicable. (Department of Planning Services) 7) County Road 69 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full build out. 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. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. (Department of Public Works) 8) The applicant will utilize the existing access to the property. Additional accesses will not be granted. Please show the approved access point on the plat and label it with the Access Permit number (will be provided). (Department of Public Works) 2. Upon completion of 1. above the applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies 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 Department of Planning Services' Staff. 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. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arc:lnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to dhuerter@co.weld.co.us. (Department of Planning Services) RESOLUTION USR12-0066 LEWIS & SEDONIA HERRERA PAGE 4 Motion seconded by Benjamin Hansford. VOTE: For Passage Robert Grand Benjamin Hansford Mark Lawley Nick Berryman Jason Maxey Jordan Jemiola Against Passage Joyce Smock Absent Bill Hall Bret Elliott 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 Commissioners 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 December 4, 2012. Dated the 4th of December, 2012. Digitally signed by Kristine Ranslem Date: 2012.12.10 16:01:11 -07'00' Kristine Ranslem Secretary SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS JL Pumping Unit and Crane Service USR12-0066 1. A Site Specific Development Plan and Special Review Permit for an Oil And Gas Support Facility (Vehicle Parking and Equipment Storage Associated with an Oilfield Service Facility) in the A (Agricultural) Zone District. 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. Hours of operation shall be 5 a.m. to 9 p.m. Monday thru Friday and vehicle parking and equipment storage associated with an oilfield service facility shall be 24 hours, 7 days a week (Department of Planning Services) 4. The number of employees associated with this facility is limited to five (5) persons, as stated in the application materials. (Department of Planning Services) 5. There are no full time or part time employees stationed on site, according to the application materials. (Department of Planning Services) 6. The application materials did not include a lighting plan. Should exterior lighting become a part of this facility, the lighting plan shall be delineated on the USR map. (Department of Planning Services) 7. The application materials did not include a sign plan. Should signage be a part of this facility, the sign plan shall be delineated on the USR map. (Department of Planning Services) 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 & 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. (Department of Public Health & Environment) 10. The applicant shall operate in accordance with the approved 'Waste handling plan", at all times. (Department of Public Health & Environment) 11. 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 & Environment) 12. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health & Environment) 13. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. Portable toilets and bottled water are allowed when employees or contractors are on site for less than 2 consecutive hours a day. 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 & Environment) 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 & Environment) RESOLUTION USR12-0066 LEWIS & SEDONIA HERRERA PAGE 6 15. The maximum number of proposed trucks utilizing the site truck round trips per day is 12 per day. Exceeding these numbers may require revision to this USR and the Improvements and Road Maintenance Agreement. (Department of Public Works and Department of Planning Services) 16. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. (Department of Public Works) 17. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if 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. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. (Department of Public Works) 18. 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; and Neither direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets and no colored lights may be used which may be confused with or construed as traffic control devices. (Department of Planning Services) 19. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program.(Ordinance 2011-2) (Department of Planning Services) 20. Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2) (Department of Planning Services) 21. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) 22. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. (Department of Planning Services) 23. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. (Department of Planning Services) 24. 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. (Department of Planning Services) 25. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. (Department of Planning Services) 26. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning Services) RESOLUTION USR12-0066 LEWIS & SEDONIA HERRERA PAGE 7 27. 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 notbe 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. (Department of Planning Services) The Chair asked if there was anyone in the audience who wished to speak for or again of this case. No one wished to speak. Motion: Continue Case USR12-0064 to the January 15, 2013 Planning Commission hearing, Moved by Benjamin Hansford, Seconded by Robert Grand. Vote: Motion carried by unanimous roll call vote (summary: Yes =7) Yes: Benjamin Hansford, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman, Robert Grand. CASE NUMBER: USR12-0058 APPLICANT: TIMOTHY THOMPSON, C/O A&W WATER SERVICE, 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 (WATER HAULING) IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION: LOT B CORR REC EXEMPT RE -3994; PART SE4 SECTION 6, T3N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: WEST OF AND ADJACENT TO HWY 85 AND NORTH OFAND ADJACENT TO CR 36. Diana Aungst, Planning Services, stated that the applicant is requesting a continuance to the January 15, 2013 Planning Commission hearing. The Chair asked if there was anyone in the audience who wished to speak for or against the continuation of this case. Kirk Goble, Bell 5 Land Company, 710 11th Avenue, Greeley, CO, stated that he represents McGlothlin Farms. He said that this late notice of continuance creates a significant hardship since Mr. McGlothlin lives in Maryland and made travel arrangements as well as contacted over 60 people on this case prior to hearing. Motion: Continue Case USR12-0058 to the January 15, 2013 Planning Commission hearing, Moved by Robert Grand, Seconded by Jordan Jemiola. Vote: Motion carried by unanimous roll call vote (summary: Yes =7) Yes: Benjamin Hansford, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman, Robert Grand. CASE NUMBER: USR12-0066 APPLICANT: LEWIS & SEDONIA HERRERA PLANNER: DIANA AUNGST REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR AN OIL AND GAS SUPPORT FACILITY (VEHICLE PARKING AND EQUIPMENT STORAGE ASSOCIATED WITH AN OILFIELD SERVICE FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION: N2NW4 SECTION 26, T7N, R63W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: EAST AND ADJACENT TO CR 69 AND APPROXIMATELY 1.0 MILES SOUTH OF CR 80. Diana Aungst, Planning Services, presented Case USR12-0066, reading the recommendation and comments into the record. Ms. Aungst noted that concerns were received from a surrounding property owner outlining noise and the establishment of a business on the subject property. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Commissioner Grand asked if there are any screening requirements. Ms. Aungst stated that staff is recommending that the applicant screen the area from the adjacent landowners and public rights of way by installing a 6 foot high opaque fence. Heidi Hansen, Public Works, reported on the existing traffic, access and drainage conditions and the requirements on site. Commissioner Maxey noted that Development Standard 15 reads that there would be 12 trucks utilizing the site and wanted to clarify that there would only be 12 truck trips per day. Ms. Hansen recommended amending the language to say 12 truck round trips per day. Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan and Dust Abatement Plan. Lewis Herrera stated that he purchased this property in July 2012. He intends to also use the property as his residence in the future. The use will encumber 10 acres of the site to park vehicles and equipment for the business. He added that his employees will take the equipment and vehicles out on Mondays to the jobsite and return back on Fridays. Commissioner Maxey asked if Mr. Herrera understood the Development Standard to read that there would be 12 truck trips per day. Mr. Herrera replied that he understood and expects less trips per day. Commissioner Berryman asked what type of screening the applicant is proposing. Mr. Herrera said that he intends to install a chain link fence with privacy slats. Motion: Amend Development Standard 15 reflecting the 12 truck trips as recommended by staff, Moved by Robert Grand, Seconded by Benjamin Hansford. Motion carried unanimously. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Avram Yaffee, 37670 CR 69, stated that he owns three (3) properties on County Road 69. He said that the area is nothing but grazing and residential homes. He added that there are no businesses and said that by allowing this request it would not fit in with the character of the area. He cited Section 22-2-30.A.2 regarding uses being allowed when it is compatible with the area. He said that the noise from the trucks reverberates off of his home. He cited Section 23-2-200 and noted that this use is not compatible with the surrounding land uses. Mr. Yaffee provided pictures of vehicles that were on site July 2012 and added that he believes Mr. Herrera has been less than honest with them. Jim Sullivan stated that he lived across the site up until 30 days ago. He said that he met the applicant in July 2012 when he saw some vehicles parked on site. At that time Mr. Herrera said that he would be parking up to 3 vehicles there for a three to four month period of time. Following that conversation, he said that there were more vehicles and equipment moved onto the subject property. Mr. Sullivan said that from July until now, Mr. Herrera has not been in compliance and doesn't believe that he will be in compliance if approved. Mr. Herrera said that he located the equipment on the site furthest away from any of the homeowners. He added that the trucks are not that noisy and said that the drivers do not drive over 20 mph down the dirt road. He said that they are very aware of the dust and noise issues and try to be considerate of that. He wants to get along with his neighbors. The Chair asked the applicant if he has read through the amended Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that he is in agreement. Motion: Forward Case USR12-0066 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 Robert Grand, Seconded by Benjamin Hansford. Vote: Motion carded (summary: Yes =6, No=1) Yes: Benjamin Hansford, Jason Maxey, Jordan Jemiola, Mark Lawley, Nick Berryman, Robert Grand. No: Joyce Smock Hello