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HomeMy WebLinkAbout20123068.tiff 1861 - 2011 LAND USE APPLICATION SUMMARY SHEET WELD -COUNTY u Planner: Diana Aungst Hearing Date: October 16, 2012 Case Number: USR12-0047 Applicant: Douglas and Deborah Duggan Request: A Site Specific Development Plan and Special Review Permit for a mineral resource development facilities including: Oil and Gas Support and Service (Water Depot and Storage) in the A (Agricultural) Zone District Legal Lot B of RECX11-0035 being part of the NW4 of Section 4, T10N, R61W of the 6th Description: P.M., Weld County, CO Location: Approximately 200 feet south of County Road 122 and approximately 0.5 mile east of County Road 89 Size of Parcel: 2.5 acres Parcel No. 0291-04-2-00-014 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: I ➢ Weld County Department of Public Works, referral dated August 10, 2012 I ➢ Weld County Department of Public Health and Environment, referral dated August 9, 2012 I ➢ Weld County Zoning Compliance, referral dated July 23, 2012 The Department of Planning Services' staff has received referral responses without comments from the following agencies: I ➢ Weld County Department of Building Inspection, referral dated August 23, 2012 0➢ State of Colorado, Division of Water Resources, referral dated August 3, 2012 0➢ Town of Grover, referral dated August 10, 2012 The Department of Planning Services' staff has not received responses from the following agencies: I ➢ School District RE-12 I ➢ Colorado Division of Parks and Wildlife I ➢ Pawnee Fire Protection District I ➢ West Greeley Soil Conservation District 0➢ Weld County Sheriff's Office USR12-0047,page 1 of 9 1861 - 2011 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW WELD__COUNTY Planner: Diana Aungst Hearing Date: October 16, 2012 Case Number: USR12-0047 Applicant: Douglas and Deborah Duggan Request: A Site Specific Development Plan and Special Review Permit for a mineral resource development facilities including: Oil and Gas Support and Service (Water Depot and Storage) in the A (Agricultural) Zone District Legal Lot B of RECX11-0035 being part of the NW4 of Section 4, T10N, R61W of the 6th Description: P.M., Weld County, CO Location: Approximately 200 feet south of County Road 122 and approximately 0.5 mile east of County Road 89 Size of Parcel: 2.5 acres Parcel No. 0291-04-2-00-014 Description of Use: The applicant is proposing a commercial water depot in an agriculturally zoned area. This water depot will be located approximate one-third mile east of Grover. The Division of Water Resources has approved permits for two wells that will supply this water depot. This water depot will be used to fill trucks with water to be used by drilling companies in the area. The water will also be used by oil companies for dust control in the surrounding area. The site currently has 5 water tanks and a small shed. The facility is proposed to operate 24 hours—7 days a week. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 - The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-20.C. - A.Goal 3. states: "County land use regulations recognize and respect the rights afforded by the State Constitution and associated statutes of individually decreed water rights. Water rights are considered real property and should be protected as any other private property right." Section 22-2-20.C.3 - A.Policy 3.3 states, "Land use regulations should consider the traditional and future operational viability of water delivery infrastructure when applications for proposed land use changes are considered." USR12-0047,page 2 of 9 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 22-6-20 A. ECON.Goal 1. State: "Encourage the expansion of existing businesses and the location of new industries that will provide employment opportunities in the County." 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 22-2-80.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 22-4-30.A.1 (WA.Policy 1.1) states, "Acknowledge a water right as real property that is held by the individual or entity that has developed or maintained the water decree." The State Engineer's Office, Division of Water Resources (DWR), has permitted two (2) wells for industrial and commercial use, via truck hauling on the 136 acres of overlying land. Well Permit#69713-FR and #74396-F. Well Permit#69713-FR is permitted to withdraw 33 acre-feet per year from the Laramie aquifer. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the Agricultural (A) Zone District. Sections 23-3-40.A.2 of the Weld County Code allows for, A Site Specific Development Plan and Special Review Permit for a Mineral Resource Development Facilities Including: Oil And Gas Support and Service (Water Depot and Storage) in the A (Agricultural) Zone District. Currently the property is in violation (COMP11-00147) for the operation of a commercial water hauling business without an approved and recorded Use by Special Review permit (USR). If the USR is approved, the violation will be closed. If denied, the case shall be referred to the County Attorney's office with a delay of legal action for 30 days in order to give the applicant time to ensure that the business is removed from the property. 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 approximately one-third mile east of the Town of Grover and is located in a rural area on lands without irrigation water. The site currently contains 5 water tanks, a trash container, a water pump, and a small shed. Adjacent properties are mainly utilized for dryland pastures/crops and a yet to be permitted propane distribution business. The nearest residence is located in the Town of Grover; approximately one-half mile to the west the site. The Weld County Department of Planning Services has received no comments/concerns from the surrounding property owners. The attached Development Standards and Conditions of Approval, including a required lighting plan and a road improvements and maintenance plan, will address the impacts and 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. USR12-0047,page 3 of 9 The Town of Grover in their referral dated August 10, 2012 stated that they have no concerns with the proposed development; although they will monitor the water table in the area. 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 "Prime if they become irrigated" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The proposed USR is approximately 2.5 acres in size and 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 Department of Planning Services' staff recommendation for approval is conditional upon the following: 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 tracking control to prevent the tracking of mud onto the County roadway. (Department of Public Works) B. The applicant shall submit to the Department of Planning Services with a Lighting Plan for review and approval. (Department of Planning Services) C. The applicant shall apply for all applicable building permits. (Department of Planning Services.) D. The plat shall be amended to delineate the following: 1) All sheets of the plat shall be labeled USR12-0047. (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) Approved lighting plan. (Department of Planning Services) USR12-0047,page 4 of 9 5) County Road 122 is designated on the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way at full build out. 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) 6) Reference the recorded easement used for access on the Plat. (Department of Public Works) 7) The applicant has obtained an Access Permit for two accesses to the property. Show and label the approved accesses on the plat with the approved Access Permit number (AP11-00499). (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 Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). Thisdigitalfilemaybesenttodhuerter@co.weld.co.us. (Department of Planning Services) USR12-0047,page 5 of 9 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS USR12-0047 1. A Site Specific Development Plan and Special Review Permit for a mineral resource development facilities including: Oil and Gas Support and Service (Water Depot and Storage) 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. Well permit no. 69713-FR is permitted by the State of Colorado to withdraw 33 acre-feet per year for commercial use from the Laramie aquifer based on the overlying 136 acre land area. Prior to the transfer or lease to any person or entity of all or part of the overlying 136 acre land area, such person or entity shall be informed of the existence of well permit no. 69713-FR and the effect on the availability of water to such land. (Department of Planning Services) 5. There shall a maximum of 10 water tanks on the site at any one time. (Department of Planning Services) 6. No employees will be stationed on site. (Department of Planning Services) 7. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health & Environment) 8. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health & 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 Non-Specified Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health & Environment) 13. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility. As employees or contractors are on site for less than 2 consecutive hours a day, portable toilets are acceptable. (Department of Public Health & Environment) USR12-0047,page 6 of 9 14. 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) 15. 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) 16. There shall be no parking or staging of vehicles on County Road 122. (Department of Public Works) 17. The maximum number of proposed trucks utilizing the site is 12 per day. Exceeding these numbers may require revision of the Improvements and Road Maintenance Agreement. (Department of Public Works) 18. 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) 19. 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) 20. 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) 21. 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) 22. 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) 23. 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) 24. 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) 25. 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) 26. 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) USR12-0047,page 7 of 9 27. 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) 28. 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) 29. 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, sand burs, puncture vines, territorial farm dogs USR12-0047,page 8 of 9 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) USR12-0047,page 9 of 9 DEPARTMENT OF PLANNING SERVICES C N 17thAVE GREELEY,CO 80631 WEBSITE:www co weld toms EMAIL:daungst@co.weldco.us PHONE:(970)353-6100,Ect.3524 }TY FAX:(970)304-8498 1 September 06,2012 DOUGLAS&DEBORAH DUGGAN P 0 BOX 38 GROVER,CO 80729 Subject:USR12-0047-A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING OIL AND GAS SUPPORT MD SERVICE(WATER DEPOT)IN THEA(AGRICULTURAL)ZONE DISTRICT. On parcel(s)of land described as: PT NW4 SECTION 4,T1ON,R81W LOT B REC EXEMPT RECX 11-0035ofthe 8th P.M.,IR@Id County, Colorado. Dear Applicant: I have scheduled a meeting with the Weld County Planning Commission on October 2,2012,at 190 p.m. Asubsequent hearing with the Board of County Commissioners will be held on October 17,2012 at 10:00 a.m. Both hearings will be held in the Hearing Room,Weld County Pdministradon Building, 1150 0 Street, Greeley, Colorado. t is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute,C.R.S.24-65.5.103(adopted as part of H.B D1-1088)requires notification of all mineral estate owners 30 days priorto any public hearing. The applicant needsto provide the Weld County Planning Department with written cenifcation indicating the above requirement has been met. Arepresentadve from the Department of Planning Services will be outto the propertya minimum often days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of way which identifies the hearing time,date,and location. In the event the property is not adjacent to a publicly maintained road right-of-way,one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway(access drive)intersects a publiclymaintained road right-of-way. The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at www w eld co untwtan ping case s.org If you have anyquesdons concemingthis matter,please call. Respectblly, _ ogmyagnaeyIOIzr.lFnsm is,t -'mr-r. too ata Naomi am ocvnert at, 1lc*o o22oa-c€ Diana Aungst Planner 1• 61-a DEPARTMENT OF PLANNING SERVICES -•+a.c*f- _ 1555 N I7th AVE 1 j\ 1 , —--- - GREELEY.CO 80831 1 'IJL r �'. WEB SITE:wwwco.weldco.us `` E-MAIL:daungst®co.weld co.us R PHONE:(970)353-8100,Eid.3524 0 L.N T Y , FAX:(970)304-8498 July 19,2012 DOUGLAS&DEBORAH DUGGAN P 0 BOX 38 GROVER,CO 80729 Subject:USR12-0047-A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AMINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING OIL AND GAS SUPPORT AND SERVICE(WATER DEPOT)IN THEA(AGRICULTURAL)ZONE DISTRICT On parcel(s)of land described as: PT NW4 SECTION 4.T1ON,P81W LOT B REC EXEMPT RECX11-0035 ofthe 0h P.M.,Weld County. Colorado. Dear Applicants: Your application and related materials forthe request described abote are complete and in order atthis time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles ofthe propertyin question or if the property under consideration is located within the comprehensive planning area of a town or municipality.Therebre,our offce has forwarded a copy of the submitted materials to the following Planning Commission(s)fortheir renew and comments: Grover at Phone Nurrber 970.895-2213 Please call the listed Planning Commissions,for information regarding the date,time and place ofthe meeting and the review process.It is recommended that you and/or a representative be in adendance at each of the meetings described above in orderto answer any questionsthat might arise with respect to your application. If you have anyquestions conceming this matter.please call. RespectbIly. agbly'-3+.d tylolzro Rxdan wlasti.O.\r�r�l1,� Poaononi VJIx scconkre Catf201$ 191Tn Aw 6t¢3a 20.191k1 kE.Oitlp Diana Aungst Planner Hello