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Home My WebLink About20100108.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 passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-1720 APPLICANT: William &Veleria Fabrizius PLANNER: Michelle Martin REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource and Development Facility(oil and gas storage) in the A (Agricultural)Zone District. LEGAL DESCRIPTION: Located in the NW4 of a parcel described as all of Section 28 (with the exception of a 10 acre parcel in the SW4 SW4 of Section 28), T11 N, R61 W of the 6th P.M., Weld County, Colorado. LOCATION: East of and adjacent to CR 89 and approximately 2 miles north of CR 122. 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 22-5-100.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. . " • The request is for a Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development Facility including an obsolete equipment storage area in the Agricultural zone district. The applicants are in the process of a recorded exemption RE- 4917 to subdivide off the 10 acres. The site will be used for the storage of old equipment related to the oilfield. The boneyard is utilized to maintain, repair, store and replace oil and gas related equipment such as separators, tanks, pipe, pumping units, et cetera. B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the Agricultural(A) Zone Districts. Sections 23-3-40.A.1 of the Weld County Code allows for A Site Specific Development Plan and Special Review Permit for a Mineral Resource and Development Facility (Oil and Gas storage) 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 surrounding property to the north, south, east and west are zoned Agricultural (A). The property is located with the three mile referral areas for the Town of Grover. The Town of Grover indicated in their referral dated 10/8/09 no conflicts with the proposed development. Therefore, given the minimal impact of the proposed use (Oil and Gas storage) the use will be compatible with the surrounding land uses. Staff believes that the Conditions of Approval and Development Standards will ensure that the use will be compatible with the existing surrounding land uses. 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. EXHIBIT B 2010-0108 1 - Resolution USR-1720 William &Veleria Fabrizius Page 2 • The property is not located within an Intergovernmental Agreement Area but does lies within the three mile referral area for the Town of Grover. The Town of Grover indicated in their referral dated 10/8/09 no conflicts with the proposed development. The surrounding area is Agricultural in nature. Staff believes that the Conditions of Approval and Development Standards will ensure that the use will be compatible with the existing surrounding land uses. 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, Capital Expansion Impact Fee area. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8, Section 5-8-40) 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 subject site is classified as"Prime if they become irrigated and Other"as delineated on the Important Farmlands of Weld County map,dated 1979. This size of the parcel(10 acres) is too small to be a viable farming operation. 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. 1. The plat shall be amended to delineate the following: A. All sheets of the plat shall be labeled USR-1720. (Department of Planning Services) B. The attached Development Standards. (Department of Planning Services) C. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) D. County Road 89 is classified by the County as a local gravel road, which requires a 60 foot right-of-way at full build out.The applicant shall verify the existing right-of-way and the documents creating the right-of-way. If the right-of-way cannot be verified, it shall be dedicated. The plat shall delineate the existing right-of-way and the documents which created it. (Department of Public Works) E. The access drive and circulation pattern within the fenced area shall be surfaced with gravel or the equivalent and shall be graded to prevent drainage problems. (Department of Public Works) • F. All outdoor storage shall be screened from adjacent rights of way and surrounding properties. (Department of Planning Services) Resolution USR-1720 William &Veleria Fabrizius Page 3 • G. The water quality feature needs to be moved inside the USR boundary. The water quality feature needs to be labeled as "Water Quality Feature— No Build\Storage Area". (Department of Public Works) 2. The applicant shall address the requirements (concerns) of Weld County Department of Public Works, as stated in the referral response dated 10/15/09. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Weld County Department of Public Works) 3. The applicant shall enter into a Private Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all transportation (access drive, parking areas, etcetera) and non-transportation (fencing, screening, signage etcetera). The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the USR plat. Or the applicant may submit evidence that all the work has been completed and reviewed by the Department of Planning Services and the Department of Public Work. (Department of Planning Services) 4. The applicant shall finalize the conditions of approval for Recorded Exemption RE-4917 and submit an updated plat for recording to the Weld County Department of Planning Services. (Department of Planning Services) 5. Upon completion of 1 — 4 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 thirty (30) 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) 6. In accordance with Weld County Code Ordinance 2006-7 approved June 1,2006,should the plat not be recorded within the required thirty (30) days from the date the Board of County Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3 month period. (Department of Planning Services) 7. 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 dhuerter©co weld.co.us (Department of Planning Services) 8. 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) Motion seconded by Bill Hall. • Resolution USR-1720 William &Veleria Fabrizius Page 4 • VOTE: For Passage Against Passage Absent Robert Grand Bill Hall Tom Holton Alexander Zauder Erich Ehrlich Roy Spitzer Mark Lawley Nick Berryman Jason Maxey 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 January 5, 2010. Dated the 5th of January, 2010. Kristine Ranslem Secretary • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS • William and Veleria Fabrizius clo Petro-Canada Resources (USA), Inc. USR-1720 1. A Site Specific Development Plan and Special Review Permit for a Mineral Resource and Development Facility (Oil and Gas storage) in the A (Agricultural) Zone District and 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. 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 and Environment) 4. 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 and Environment) 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 6. The applicant shall operate in accordance with the approved "waste handling plan", at all times. (Department of Public Health and Environment) • 7. 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) 8. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 9. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health and Environment) 10. Adequate drinking, handwashing and toilet facilities shall be provided for personnel utilizing the facility. The sanitary facilities located at the Grover field office shall be available for use. (Department of Public Health and Environment) 11. 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) 12. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 13. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) • 14. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) (Department of Planning Services) Resolution USR-1720 William &Veleria Fabrizius Page 6 • 15. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 16. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 17. 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 constructed as traffic control devices. (Department of Planning Services) 18. The screening on site shall be maintained in accordance with the approved Screening Plan. (Department of Planning Services) 19. Hours of operation for the facility shall be 24 hours a day 7 days a week 365 days a year. (Department of Planning Services) 20. 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 Chapter 15, Articles I and II of the Weld County Code. (Department of Public Works) 21. Personnel from the Weld County Government 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 Development Standards stated herein and all applicable Weld County regulations. . 22. 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. 23. 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. 24. 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 Resolution USR-1720 William &Veleria Fabrizius Page 7 • 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 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. • • /L Weld County, Colorado. • LOCATION: East of and adjacent to CR 55 and approximately 1/4 mile south of CR 54. Michelle Martin, Planning Services, stated that the applicant is present and requests that this case remain on the Consent Agenda. 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 read the next case into record. CASE NUMBER: USR-1720 APPLICANT: William&Veleria Fabrizius PLANNER: Michelle Martin REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource and Development Facility(oil and gas storage) in the A (Agricultural)Zone District. LEGAL DESCRIPTION: Located in the NW4 of a parcel described as all of Section 28 (with the exception of a 10 acre parcel in the SW4 SW4 of Section 28), T11 N, R61W of the 6th P.M., Weld County, Colorado. LOCATION: East of and adjacent to CR 89 and approximately 2 miles north of CR 122. Michelle Martin, Planning Services,stated that the applicant is present and requests that this case remain on the Consent Agenda. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Robert Grand moved to approve the Consent Agenda including Cases AmUSR-625 and USR-1720,and that the cases be forwarded to the Board of County Commissioners along with the Conditions of Approval and • Development Standards with the Planning Commission's recommendation of approval, seconded by Bill Hall. Motion carried unanimously. The Chair read the next case into record. CASE NUMBER: USR-1695 APPLICANT: A&W Water Service, Inc PLANNER: Chris Gathman REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development Facility, including Oil and Gas Support and Services (water supply and storage, potash mixing and storage and production pipe and equipment storage area) in the A(Agricultural)Zone District. LEGAL DESCRIPTION: Part of the E2 of Section 31,T4N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: West of and adjacent to Highway 60 and '/% mile north of CR 38. Chris Gathman, Planning Services, stated that this USR is to correct a zoning violation (ZCV08-00225) for operating an oil and gas support facility without first obtaining the necessary Weld County Zoning Permits.The proposal is for water supply and storage, potash mixing and storage and production pipe and equipment storage area. Water supply and storage is currently operating on site and resulted in the initiation of a zoning violation.The original USR application included a proposed reverse osmosis facility component along with an equipment washout facility component. These items have since been removed from the updated request. Should this application be approved, the violation will be dismissed. If denied, this case will proceed accordingly to violation hearing and possibly district court. • The facility is located in a rural agricultural area on a parcel containing an existing abandoned residence and outbuilding in the southeast corner of the site.There are existing oil and gas production facilities located in the EXHIBIT G -t-1 Hello