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HomeMy WebLinkAbout20191377.tiffBEFORE THE WELD COUNTY. COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Gene Stille. 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 APPLICANT PLANNER REQUEST LEGAL DESCRIPTION LOCATION USR18-0110 BOX M RANCH TOM PARKO/DIANA AUNGST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING OIL AND GAS SUPPORT AND SERVICE (OUTDOOR STORAGE OF PIPES. EQUIPMENT AND OTHER MATERIALS USED BY OIL AND GAS) IN THE A (AGRICULTURAL) ZONE DISTRICT LOT A REC EXEMPT RECX18-0136: PART S2 SECTION 28. T4N. R64W OF THE 6TH P M WELD COUNTY. COLORADO NORTH OF CR 40. APPROXIMATELY 0 1 MILES WEST OF CR 55 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 22-6-20. C. 1. - ECON.Policy 3.1. states "County activities and regulation should protect the rights of private property owners and the public health. safety and welfare. recognizing that these basic rights and protections allow the free market to prosper and grow the local economy. This proposal has been reviewed by the appropriate referral agencies and it has been determined that the attached Conditions of Approval and Development Standards ensure that there are adequate provisions for the protection of the health, safety and welfare of the inhabitants of the neighborhood and county B Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural) Zone District Section 23-3-40 A.2 of the Weld County Code provides for Mineral Resource Development Facilities Oil and Gas Support and Service including storage facilities in the Agricultural Zoning District Oil and gas production facilities are predominately located in the Ag Zone so its logical for many oil and gas support services to be located near these operations C Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The adjacent lands consist of pastures, crops. low density residential and existing oil and gas facilities There are five (5) residences within 2.000 feet of the proposed operation with the closest residence located approximately 1.494 feet southwest of the operation on CR 40 The nearest USR is located directly to the east at the intersection of CR 40 and CR 55 for an oil and gas production facility (AMUSR-991) There are also two (2) ten (10) inch or greater high- pressure gas lines operated by DCP that run parallel to CR 40 (USR12-0006). The Weld County Department of Planning Services sent out twenty-six (26) notices to surrounding property owners and received one (1) letter of opposition objecting to this USR. The letter was received November 1. 2018 The objections deal with diminished property values, damage to CR 40 RESOLUTION USR18-0110 BOX M RANCH PAGE 2 and unsightly junk. 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 (3) miles of any municipality Section 23-2-220 A.5 -- The application complies with Chapter 23. Articles V and XI, of the Weld County Code_ The property is not within the Geologic Hazard Overlay District, Airport Overlay District, MS4 area or a Special Flood Hazard Area. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. Building Permits issued on the proposed lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs 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 designated as "other" on the important farmlands of Weld County map The Greeley Conservation District did not respond to the referral. The lot is small (7.3 acres) and is not suitable for productive farming G Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health, safety. and welfare of the inhabitants of the neighborhood and County. 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 The applicant will be required to enter into a Weld County Improvements Agreement to address required off -site improvements and haul and traffic routes to and from the facility, at a minimum. 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 map A. An Improvements Agreement for road maintenance and future improvement triggers. It will detail the approved haul route(s). outline when off -site improvements will be triggered, and include a maintenance agreement for the haul routes. Possible mitigations included in the road maintenance agreement may include but are not limited to. dust control, specified haul routes, damage repairs. and future improvement triggers. (Department of Public Works) B. A final drainage report and detention pond design completed by a Colorado Licensed Professional Engineer is required prior to recording the USR map. The drainage report must include a certification of compliance stamped and signed by the PE. A Certification of Compliance form can be found on the Public Works Development Review website General drainage report checklist is available on the engineering website. More complete checklists are available upon request. (Department of Public Works) C The applicant shall submit a Communication Plan. (Department of Planning Services) RESOLUTION USR18-0110 BOX M RANCH PAGE 3 D. The USR map shall be amended to delineate the following: 1) AM sheets of the map shall be labeled USR18-0110. (Department of Planning Services) 2) The attached Development Standards. (Department of Planning Services) 3) The map shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4) The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. (Department of Planning Services) 5) If applicable. the map shall delineate the lighting. (Department of Planning Services) 6) County Road 40 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a(n) local road, which requires 60 feet of right- of-way. The applicant shall delineate on the site map or plat the future and existing right-of-way and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III. Section 23-3-50, the required setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County_ 7) County Road 55 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a(n) local road. which requires 60 feet of right- of-way The applicant shall delineate on the site map or plat the future and existing right-of-way and the physical location of the road If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code. Chapter 23, Article III. Section 23-3-50, the required setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County_ 8) Show and label the approved access locations, approved access width (maximum 24-36') and the appropriate turning radii (minimum 60) on the site plan. The applicant must obtain an access permit in the approved location(s) prior to construction_ (Department of Public Works) 9) Show and label the approved tracking control on the site plan (recycled asphalt or road base on all driving surfaces) (Department of Public Works) 10) Show and label the entrance gate if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled surface be less than 35 feet. (Department of Public Works) 11) Show and label the accepted drainage features and drainage flow arrows. Stormwater ponds should be labeled as 'Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume (Department of Public Works) 12) Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property (Department of Public Works) 2. Upon completion of Condition of Approval #1 above. the applicant shall submit one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional RESOLUTION USR18-0110 BOX M RANCH PAGE 4 requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution_ The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30. 2012, should the map not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. a $50 00 recording continuance charge shall be added for each additional three (3) month period. (Department of Planning Services) 4. Prior to Construction: A. The approved access and tracking control shall be constructed prior to on -site construction. This site requires a tracking control device and a minimum of 300 feet of recycled asphalt or road base. (Department of Public Works) B If more than one (1) acre is to be disturbed. a Weld County Grading Permit will be required. (Department of Public Works) 5. Prior to Operation A. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility operator. the Fire District and the Weld County Office of Emergency Management. Submit evidence of acceptance to the Department of Planning Services. (Department of Planning Services) 6. The Use by Special Review activity shall not occur. nor shall any building or electrical permits be issued on the property. until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. (Department of Planning Services) Motion seconded by Bruce Johnson. VOTE: For Passage Bruce Johnson Bruce Sparrow Michael Wailes Tom Cope Gene Stille Lonnie Ford Richard Beck Elijah Hatch Skip Holland Against Passage Absent 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 March 5. 2019. Dated the 5"' of arch, 2019 Kristine Rans em Secretary RESOLUTION USR18-0110 BOX M RANCH PAGE 5 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Box M Ranch, LLC. c/o Parker Guttersen USR18-0110 A Site -Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development Facility including Oil and Gas Support and Service. Location and operation bases for businesses whose primary activity includes (outdoor storage of pipes. equipment, and other materials used by the oil and gas industry) 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. The property owner or operator shall provide written evidence of an Emergency Action and Safety Plan on or before March 15th of any given year signed by representatives for the Fire District and the Weld County Office of Emergency Management to the Department of Planning Services. (Department of Planning Services) 4. The number of full-time employees will be two (2) according to the application materials (Department of Planning Services) 5. Hours of operation are from 6am to 5pm Monday -Friday. Hours of operation may be extended for emergencies and notice shall be provided to the Director of Planning Services. (Department of Planning Services) 6. All signs shall adhere to Chapter 23. Article IV. Division 2 and Appendices 23-C. 23-D and 23-E of the Weld County Code. (Department of Planning Services) 7. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II. of the Weld County Code (Department of Public Works) 8. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking (Department of Public Works) 9. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized (Department of Public Works) 10. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works) 11. The Property Owner shall comply with all requirements provided in the executed Improvements Agreement. (Department of Public Works) 12. The Improvements Agreement for this site shall be reviewed on an annual basis, including possible updates. (Department of Public Works) 13. The historical flow patterns and runoff amounts on the site will be maintained (Department of Public Works) 14. Weld County is not responsible for the maintenance of onsite drainage related features_ (Department of Public Works) 15. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100 5. C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) RESOLUTION USR18-0110 BOX M RANCH PAGE 6 16. 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 (Department of Public Health and Environment) 17. 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. The applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code (Department of Public Health and Environment) 18. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment) 19. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in 25-12-103 C R S (Department of Public Health and Environment) 20. Adequate drinking, hand washing. and toilet facilities shall be provided for employees and patrons of the facility. at all times. If employees or contractors are on site for less than 2 consecutive hours a day portable toilets and bottled water are acceptable 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. Portable toilets shall be screened from existing adjacent residential properties. (Department of Public Health and Environment) 21. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 22. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct. nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with. or construed as, traffic control devices. (Department of Planning Services) 23. A building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the following has been adopted by Weld County. 2018 International Codes: 2006 International Energy Code: 2017 National Electrical Code: A building permit application must be completed and two complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A geotechnical engineering report performed by a registered State of Colorado engineer shall be required or an open hole inspection. (Department of Building Inspection) 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. 25. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards. as shown or stated. shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 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. RESOLUTION USR18-0110 BOX M RANCH PAGE 7 27. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT- Weld County has some of the most abundant mineral resources. including, but not limited to, sand and gravel. oil. natural gas. and coal. Under title 34 of the Colorado Revised Statutes. minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy: (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource 28. WELD COUNTY'S RIGHT TO FARM STATEMENT. 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. RESOLUTION USR18-0110 BOX M RANCH PAGE 8 but also for the protection of the farmer's livelihood. Pc A/nRts 0310i14 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday. March 5. 2019 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building. Hearing Room. 1150 O Street. Greeley, Colorado_ This meeting was called to order by Chair. Michael Wailes, at 12:30 pm. Roll Call. Present: Michael Wailes, Bruce Sparrow. Bruce Johnson, Gene Stille. Tom Cope. Lonnie Ford, Richard Beck, Elijah Hatch. Skip Holland Also Present Chris Gathman, Angela Snyder, and Tom Parko. Department of Planning Services: Lauren Light and Ben Frissell, Department of Health; Evan Pinkham. Hayley Balzano and Mike McRoberts. Public Works: Bob Choate and Bruce Barker. County Attorney. and Kris Ranslem. Secretary CASE NUMBER APPLICANT PLANNER. REQUEST LEGAL DESCRIPTION LOCATION USR18-0110 BOX M RANCH TOM PARKO/DIANA AUNGST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING OIL AND GAS SUPPORT AND SERVICE (OUTDOOR STORAGE OF PIPES, EQUIPMENT. AND OTHER MATERIALS USED BY OIL AND GAS) IN THE A (AGRICULTURAL) ZONE DISTRICT LOT A REC EXEMPT RECX18-0136; PART S2 SECTION 28. T4N. R64W OF THE 6TH P M WELD COUNTY COLORADO. NORTH OF CR 40 APPROXIMATELY 0 1 MILES WEST OF CR 55 Tom Parko. Planning Services. presented Case USR18-0110. reading the recommendation and comments into the record. Mr. Parko noted that one (1) letter of objection was received with concerns of diminished property values. damage to County Road 40 and unsightly junk. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards_ Mike McRoberts. Public Works. reported on the existing traffic, access to the site and drainage conditions for the site. Ben Frissell. Environmental Health. reviewed the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan. Mr. Frissell requested an addition to Development Standard 20. Tim Naylor. AGPROfessionals, 3050 65"' Avenue, Greeley. Colorado. stated that the applicants are proposing an oil and gas support facility, specifically a laydown yard for storage of pipe and related equipment. There will be an office trailer located on site as well. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. The Chair asked Staff if they had any changes to the Resolution. Mr. Frissell requested to add the following sentence -Portable toilets shall be screened from existing adjacent residential properties" to the end of Development Standard 20. Motion: Amend Development Standard 20, as requested by Staff, Moved by Tom Cope. Seconded by Bruce Johnson Motion carried unanimously. The Chair asked the applicant if they have read through the amended Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement 1 Motion: Forward Case USR18-0110 to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval. Moved by Gene Stifle. Seconded by Bruce Johnson. Vote: Motion carried by unanimous roll call vote (summary: Yes = 9). Yes: Bruce Johnson, Bruce Sparrow. Elijah Hatch. Gene Stille. 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