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HomeMy WebLinkAbout20121913.tiff BEFORE 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 denial by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR12-0027 APPLICANT: STEVE&SHERYL GULLEY PLANNER: DIANA AUNGST REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING: OIL AND GAS SUPPORT AND SERVICE (WATER HAULING) IN THE A (AGRICULTURAL)ZONE DISTRICT. LEGAL DESCRIPTION: LOT D REC EXEMPT RE-3963;PART N2 SECTION 17,T6N, R64W OF THE 6TH P.M.,WELD COUNTY, COLORADO. LOCATION: SOUTH AND ADJACENT TO CR 70 AND APPROXIMATELY ONE-QUARTER MILE WEST OF CR 53. be recommended unfavorably to the Board of County Commissioners for the following reasons: 1. It is the opinion of the Planning Commission that the applicant has not shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The facility is located in a rural agricultural area on a parcel containing no improvements. Adjacent properties are mainly utilized for crops and residences. The nearest residence is approximately 600 feet west of the subject site on the north side of County Road 70. The Weld County Department of Planning Services has received 8 letters of concern/opposition from the surrounding property owners, 4 prior to June 13, 2012 and 4 additional letters on July 2, 2012. Some of the concerns listed by the surrounding property owners are: • the speed that the trucks drive • the dust generated by the trucks • the noise of the trucks including the use of jake brakes, and • low water pressure. On July 2n°the applicant's representative,Mr. Linn Leeburg,sent an email to staff that indicated that a neighborhood meeting was held on Saturday,June 30,2012, and that the applicant has agreed to take action to mitigate some of the concerns of the surrounding property owners. The applicant has stated that the haul route will avoid County Road 53 and will use County Roads 51 and 70. The Improvement and Road Maintenance Agreement will define the haul route from County Road 70 to County Road 51. 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. Should the Board of County Commissioners approve the proposal,the Planning Commission recommends the following conditions: 1. Prior to recording the plat: A. An Improvements and Road Maintenance Agreement is required for this site. Access improvements shall include 60 foot turning radiuses and gravel section to prevent the tracking of mud onto the County roadway. Additional improvements will be required if tracking occurs or if trucking numbers increase.The haul route has been determine to travel west on County Road 70 and utilize County Road 51.The triggers for roadway improvements agreed to by the applicant in the May 9,2012 revised traffic memo will be included in the agreement.The agreement and form of collateral (if collateral is required as a condition prior to recording the RESOLUTION USR12-0027 STEVE&SHERYL GULLEY PAGE 2 plat)shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the Use by Special Review plat. (Department of Public Works) B. The applicant shall submit a waste handling plan, for approval, to tho Environmental l-lealth Services Division of the Weld County Department of Public Health & Environment. The plan shall include at a minimum, the following: 1) A list of wastes which aro expected to be generated on site(this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to bo stored on site. 3) The waste handler and facility where the waste will be disposed(including the facility name, C. The applicant shall either submit a copy of an agreement with the property's mineral owner/operators stipulating that the oil and gas activities have been adequately incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators. Drill envelopes can be delineated on the plat in accordance with the State requirements as an attempt to mitigate concerns. The plat shall be amended to include any possible future drilling sites. (Department of Planning Services) D. The applicant shall submit to the Department of Planning Services with a Lighting Plan for review and approval. (Department of Planning Services) E. The applicant shall submit evidence of a signed and-recorded lease agreement.(Department of Planning Services) F. The plat shall be amended to delineate the following: 1) All sheets of the plat shall be labeled USR12-0027. (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) Show and label the approved access points on the Plat(AP12-00085).(Department of Public Works) 5) The applicant shall chow the approved water quality feature on the plat and label it as a no build or no storage area. (Department of Planning Services) 6) 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 public rights of way and adjacent properties. These areas shall be designed and used in a manner that will prevent wind or animal scattered trash. (Department of Planning Services) 7) Approved lighting plan. (Department of Planning Services) 2. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) RESOLUTION USR12-0027 STEVE&SHERYL GULLEY PAGE 3 3. Upon completion of 1. and 2. above 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) 4. 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 Arclnfo 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 maps(a,co.weld.co.us. (Department of Planning Services) Motion seconded by Benjamin Hansford. VOTE: For Denial Against Denial Absent Robert Grand Bill Hall Tom Holton Alexander Zauder Benjamin Hansford Mark Lawley Nick Berryman Jason Maxey Joyce Smock The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I, Kristine Ranslem,Recording Secretary for the Weld County Planning Commission,do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on July 3, 2012. Dated the 3rd of July, 2012. Digitally signed by Kristine Ranslem Andunt Location: 1 1665 N 17th Ave Date:2012.07.10 08:06:34-06'00' Kristine Ranslem Secretary SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS A&W Water Service Inc USR12-0027 1. A Site Specific Development Plan and Special Review Permit for a mineral resource development facilities including: Oil and Gas Support and Service (Water Hauling) in the A (Agricultural) Zone District(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. Hauling hours(truck trips to and from the facility)shall be 24-hours seven-days/week. (Department of Planning Services) 4. No employees will be stationed on site. (Department of Planning Services) 5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended)shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health & Environment) 6. 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) 7. 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) 8. The applicant shall operate in accordance with the approved "waste handling plan", at all times. (Department of Public Health& Environment) 9. 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) 10. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in Section 14-9-30 of the Weld County Code.(Department of Public Health&Environment) 11. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. Portable toilets and Bottled water are allowed in accordance with Environmental Health Policy 2.2.K. (Department of Public Health &Environment) 12. The fresh water storage and loading system shall be operated in a manner to minimize spills. Fresh water spills should be captured in above-ground containment areas for reuse or allowed to infiltrate. There shall be no discharge from this process to surface waters or to the facility's stormwater management system, in accordance with the Rules and Regulations of the Colorado Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health & Environment) 13. 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) 14. There shall be no parking or staging of vehicles on County Road 70. (Department of Public Works) 15. The maximum number of proposed trucks utilizing the site is 150.If the number of trucks exceeds this maximum the recorded Improvements and Road Maintenance Agreement shall be revised and additional improvements may be required to mitigate the additional impact to the haul route. (Department of Public Works) RESOLUTION USR12-0027 STEVE&SHERYL GULLEY PAGE 5 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 USR12-0027 STEVE&SHERYL GULLEY PAGE 6 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 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 173//2- The Chair asked the applicant if he read through the amended Conditions of Approval and if they are in • agreement with those. The applicant replied that he is in agreement. i' Motion: Forward Case PUDZ12-0002 to the Board of County Commissioners along with the Conditions of Approval with the Planning Commission's recommendation of approval, Moved by Jason Maxey, Seconded by Benjamin Hansford. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Benjamin Hansford,Jason Maxey,Joyce Smock, Mark Lawley, Nick Berryman, Robert Grand,Thomas Holton. Motion: Forward Case PUDF12-0001 to the Board of County Commissioners along with the Conditions of Approval with the Planning Commission's recommendation of approval, Moved by Jason Maxey, Seconded by Benjamin Hansford. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Benjamin Hansford,Jason Maxey,Joyce Smock, Mark Lawley, Nick Berryman, Robert Grand,Thomas Holton. `' CASE NUMBER: USR12-0027 APPLICANT: STEVE&SHERYL GULLEY PLANNER: DIANA AUNGST REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING: OIL AND GAS SUPPORT AND SERVICE (WATER HAULING) IN THE A (AGRICULTURAL)ZONE DISTRICT. LEGAL DESCRIPTION: LOT D REC EXEMPT RE-3963;PART N2 SECTION 17, T6N, R64W OF THE 6TH • P.M., WELD COUNTY, COLORADO. LOCATION: SOUTH AND ADJACENT TO CR 70 AND APPROXIMATELY ONE-QUARTER MILE WEST OF CR 53. DI" Diana Aungst, Planning Services, presented Case USR12-0027, reading the recommendation and comments into the record. Staff has received eight(8) letters in opposition to this request from surrounding property owners which include concerns of speed, dust and noise from the trucks including the use of jake brakes and low water pressure. In a conversation with the applicant,they stated that they held a neighborhood meeting on Saturday, June 30th and the applicant has agreed to take action to try to mitigate some of these concerns. 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 conditions of approval and development standards included in the staff report. The access will be onto County Road 70,which is classified as a local, gravel road. The applicant is proposing that 100 percent of the traffic will go west of the site to County Road 51. If there will be traffic going east then dust control will need to be addressed. Lauren Light, Environmental Health,reported on the conditions of approval and development standards included in the staff report. They have no concerns with this request. r' Jeff Wright,A&W Water, 1892 Denver Ave, Ft. Lupton CO,stated that this site was a temporary site. Mr. Wright said that they are estimating 300 gallons per minute from the hydrant provided by North Weld County Water District. He noted that he talked to the 4 property owners in opposition. In addition, they held a neighborhood meeting on Saturday with several landowners in the area. Originally they proposed 90%of the truck traffic from County Road 70 out to County Road 51 with the remaining 10% east to County Road 53; • however after that meeting they decided to route 100%of the traffic to County Road 51. Mr.Wright added that they intend to provide mag chloride dust control and impose 35 mph speed limits. In addition, no lighting is proposed on site. EXHIBIT 6 user:tram" • 1' The Chair asked if there was anyone in the audience who wished to speak for or against this application. Dennis Francen,25343 CR 70,stated that 3 months after he moved in North Weld County Water District had installed a water line and he assumed it was to improve water pressure. He and his brother who lives adjacent to him have put the mag chloride on CR 70 in front of their home. With truck traffic accessing the water hydrants he is concerned with dust, noise, etc. He said that there are no accommodations that A&W could make from devastating his family farm's property value and quality of life. He is opposed to this request. Brent Fancen, 25455 CR 70, stated that the farm has been in the family for 87 years. He has endured the last 2 years with the existing water trucks and he can no longer enjoy his evenings outside because of the noise and dust. He has estimated that in Phase 1 there would be one truck every 10 minutes and with Phase 2 there would be one truck every 5 minutes and he feels this is unbearable. Dave Uhrich, 31386 CR 51, stated that there is a water hydrant on his property on the comer of County Road 51 and County Road 70 that they would sell or rent to the applicant and believes that if the applicant would move to this site this would solve many of the concerns. • Cindy Haugen,33976 CR 53, noted that because the traffic won't be traveling on County Road 53 it won't impact her so much. However,she added that with her windows and doors closed the truck traffic still raffles her house and dust is a huge problem out there. Jerrod McGraw, 26254 CR 70, stated that he is in support of moving the site to the corner of County Road 51 and County Road 70. He has children who travel County Road 70 and is concerned with their safety as well as all those impacted on County Road 70. He added that the truck radius is not adequate on County • Road 70 and County Road 53. Ken Starman,33431 CR 53, inquired how often mag chloride will be applied as well as the maintenance of the road. Mr. Starman said that from the meeting on Saturday they were told that A&W Water will not sublease;however he questioned if they will only see A&W trucks or contracted trucks. He is very concemed about the decreased water pressure and added that he is worried if a fire is started, will there be enough water. He is also concerned about traffic safety. la' Winifred Pfeif stated that they cannot open windows or doors because of the noise and dust.She noted several accidents on the intersection of County Road 392 and County Road 51. ID" Jim Ambrose, 33618 CR 53, stated that he was told that the new water line was to improve water pressure. He added that dust and noise are big problems. He appreciated the meeting held byA&W Water. Mr.Ambrose said that he is concerned with the potential of multiple wells located east of the site and then the traffic going east. ▪ Lin Walter stated that they have a lot of concerns with the proposed site regarding dust control and water pressure. There is too much traffic already without adding more trucks. • Lynann Dunker, 33504 CR 53, stated that they live in an agricultural area and added that they are concerned with the fire hydrants providing required water pressures for the safety of their homes and buildings. The Chair closed the pubic portion of the hearing and called a recess at 5:17 pm. The Chair called the meeting back to order at 5:24 pm. • ►' Mr.Wright addressed the concerns from the public. With regard to the water pressure they do not have any more information to provide. The other hydrant locations have been used by other trucking companies; 7 however this site will be used only by A&W Water and will not be leased to other operators. They intend to • use this site as long as it is necessary. In response to Mr. Holton's question, a draft of the improvements agreement is in place however it will be finalized at the Board of County Commissioner hearing. He added that dust suppressant will be applied on an as needed basis. Commissioner Grand asked about the alternative recommendation. Mr.Wright said that because they are this far along they would like to see it through;however it may be considered. He noted that there would be other land owners affected with the alternative hydrant. Staff stated that the applicant has requested to amend or remove some conditions of approval and added that staff is in support of deleting Condition of Approvals 1.B, 1.F.5, 1.F.6, 1.F.7 and amending Condition of Approval1.E. Motion: Delete Condition of Approval 1.B, Moved by Robert Grand, Seconded by Benjamin Hansford. Motion passed unanimously. Motion:Amend Condition of Approval 1.E,and delete Condition of Approvals 1.F.5, 1.F.6,and 1.F.7, Moved by Mark Lawley, Seconded by Benjamin Hansford. Motion passed unanimously. The Chair asked the applicant if he 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. D" Motion: Forward Case USR12-0027 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 Mark Lawley. The motion died to lack of second motion. • Motion: Forward Case USR12-0027 to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commission's recommendation of denial, Moved by Robert Grand, Seconded by Benjamin Hansford. Vote: Motion passed (summary: Yes = 5, No=2, Abstain = 0). Yes: Benjamin Hansford, Jason Maxey, Joyce Smock, Nick Berryman, Robert Grand. No: Mark Lawley, Thomas Holton. Commissioner Berryman said that he struggles with the magnitude of the traffic in this case. He believes it would be appropriate to locate along a paved highway where they are not accessing some of the dirt roads that causes some of these concerns. If there were less traffic volume he might have supported this request. Commissioner Smock commented that if there is an alternative location it should be explored. Commissioner Hansford echoed the Commissioner's comments. Commissioner Grand expressed empathy for A&W Water since they cannot control the water pressure issues with North Weld County Water District. However we need to respect property rights for the surrounding residents as well. Commissioner Maxey cited Section 23-2-220.A.3 regarding compatibility issues. He is concerned with the additional traffic on the roadway. He encouraged the applicant to work with the surrounding property owners and hopefully find a better location suitable for everyone. Commissioner Lawley understands the residents' concerns; however he believes moving that site either direction will have the same issues. • Commissioner Holton encouraged A&W Water to look for more remote sites. 8 Hello