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Home My WebLink About20161089.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bruce Sparrow,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: USR15-0078 APPLICANT: CIRCLE B LAND COMPANY LLC, C/O BILL BARRETT CORPORATION PLANNER: KIM OGLE REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR MINERAL RESOURCE DEVELOPMENT INCLUDING OIL AND GAS SUPPORT AND SERVICE (STORAGE OF TANKS, VESSELS, PIPE RACKS, OTHER OIL AND GAS PRODUCTION EQUIPMENT AND MORE THAN ONE CARGO CONTAINER AS AN ACCESSORY STRUCTURE ) IN THE A(AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION: LOT B REC EXEMPT RECX14-0110; PART E2SE4 SECTION 27,T5N, R61W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: NORTH OF AND ADJACENT TO CR 52; 1.75 MILES EAST OF CR 89. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23- 2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-10.D states"Extraction of natural resources is an important part of the economy of the County. Such extraction operations should minimize the impacts to agricultural lands and agricultural operations." The storage yard will support oil and gas related activities in the surrounding region. It will be located on lands owned by BBC's subsidiary that are currently non-irrigated rangeland located in a rural area with existing oil and gas activity. Section 22-2-100.E. C.Goal 5 States "Minimize the incompatibilities that occur between commercial uses and surrounding properties." The proposed facility is located in a sparsely occupied area of the County and is surrounded by dryland agricultural properties having low density residential development and oil and gas encumbrances. B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural) Zone District. The facility is classified as an Oil and Gas Support and Service facility. Section 23-3-40.A.2 of the Weld County Code states that these facilities are uses allowed to be constructed, occupied, operated and maintained and Section 23-3-40.BB allows for more than one cargo container as an accessory structure in the A(Agricultural)Zone District upon approval of the Special Review Permit. C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing surrounding land uses. The proposed facility is surrounded by dryland prairie and dryland agricultural properties comprised of very low-density development and oil and gas wells. The NGL Water Solutions DJ, LLC C-11 Class II Brinewater Disposal Facility is located immediately adjacent to this site. There are nine properties and thirteen property owners within five hundred feet of the proposed facility. Rural residential properties are 1.5 to 2 miles west of the proposed facility. The Department of Planning Services has received no telephone calls or correspondence regarding this land use application. RESOLUTION USR15-0078 CIRCLE B LAND COMPANY LLC, C/O BILL BARRETT CORPORATION PAGE 2 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 a three(3)mile referral area of any municipality, nor is it located within any existing Intergovernmental Agreement Area (IGA) of a municipality. E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V and XI, of the Weld County Code. The existing site is within the County-Wide Road Impact Fee Area and the Capital Expansion Impact Fee area. The site is not within the Floodplain. 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. 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 approximately 80 acres of"Other"Lands per the 1979 Soil Conservation Service Important Farmlands of Weld County Map, and therefore will not be taking Prime Farmland out of production. 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. 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 and Road Maintenance Agreement is required for offsite improvements at this location. Road maintenance including dust control, damage repair, specified haul routes and future traffic triggers for improvements will be included. (Department of Public Works) B. The applicant shall submit a Signage Plan to the Department of Planning Services, for review and approval, if signage is desired. Signs shall be in compliance with Chapter 23, Article IV, Division II and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) C. The map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR15-0078 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) RESOLUTION USR15-0078 CIRCLE B LAND COMPANY LLC, C/O BILL BARRETT CORPORATION PAGE 3 3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4. The applicant shall show and label the accepted drainage features and drainage flow arrows.Water quality features or stormwater ponds should be labeled as"Water Quality Feature/Stormwater Detention, No-Build or Storage Area" and shall include the calculated volume. (Department of Planning Services-Engineer) D. A Final Drainage Report with Certification of Compliance shall be submitted signed and stamped by a P.E. (Department of Planning Services— Engineer) 2. Upon completion of Condition of Approval#1 above,the applicant shall submit one(1)paper copy or 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 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 added for each additional three (3) month period. (Department of Planning Services) 4. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review,as appropriate. Acceptable CAD formats are .dwg, .dxf,and .dgn (Microstation);acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase(MDB). The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps©co.weld.co.us. (Department of Planning Services) 5. Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Department of Planning Services-Engineer) 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 Benjamin Hansford. VOTE: For Passage Against Passage Absent Benjamin Hansford Bruce Johnson Bruce Sparrow Jordan Jemiola Joyce Smock Michael Wailes Nick Berryman Terry Cross Gene Stille RESOLUTION USR15-0078 CIRCLE B LAND COMPANY LLC, C/O BILL BARRETT CORPORATION PAGE 4 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 1, 2016. Dated the 1st of March, 2016 Digitally signed by Kristine Ranslem /` 4 A:16 1..(_,4 y t_ Date:2016.03.04 09:15:46-07'00' Kristine Ranslem Secretary SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Circle B Land Company, LLC Bill Barrett Corporation USR15-0078 1. A Site Specific Development Plan and A Special Review Permit for Mineral Resource Development Facilities, Oil and Gas Support and Service, (storage of tanks, vessels, pipe racks, other oil and gas production equipment and more than one cargo container as an accessory structure) in the A (Agricultural)Zone District,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. The hours of operation are 24 hours a day,seven days a week,as stated by the applicant. (Department of Planning Services) 4. This is an unmanned facility, as stated by the applicant. (Department of Planning Services) 5. 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) 6. 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) 7. 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) 8. 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 facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and Environment) 9. 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) 10. This facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial Zone as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment) 11. Adequate drinking, hand washing and toilet facilities shall be provided for employees of the facility, at all times. For employees or contractors 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. (Department of Public Health and Environment) 12. 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) 13. 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) RESOLUTION USR15-0078 CIRCLE B LAND COMPANY LLC, C/O BILL BARRETT CORPORATION PAGE 6 14. The signs on the site shall be maintained. (Department of Planning Services) 15. 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 Planning Services-Engineer) 16. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning Services-Engineer) 17. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Planning Services-Engineer) 18. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized. (Department of Planning Services-Engineer) 19. The access to the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Department of Planning Services-Engineer) 20. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently,the following have been adopted by Weld County:2012 International Codes,2006 International Energy Code,and 2014 National Electrical Code. A Building Permit Application must be completed and two (2)complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. (Department of Planning Services) 21. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 22. 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. 23. 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. 24. 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. 25. 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 RESOLUTION USR15-0078 CIRCLE B LAND COMPANY LLC, C/O BILL BARRETT CORPORATION PAGE 7 26. 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. SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, March 1, 2016 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, Jordan Jemiola, at 12:30 pm. Roll Call. Present: Benjamin Hansford, Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman, Terry Cross. Absent: Bruce Johnson. Also Present: Kim Ogle and Chris Gathman, Department of Planning Services;Wayne Howard, Department of Planning Services— Engineering Division; Lauren Light, Department of Health; Janet Lundquist, Public Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary. Motion: Approve the February 23, 2016 Weld County Planning Commission minutes, Moved by Joyce Smock, Seconded by Bruce Sparrow. Motion passed unanimously. CASE NUMBER: USR15-0078 APPLICANT: CIRCLE B LAND COMPANY LLC, C/O BILL BARRETT CORPORATION PLANNER: KIM OGLE REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR MINERAL RESOURCE DEVELOPMENT INCLUDING OIL AND GAS SUPPORT AND SERVICE (STORAGE OF TANKS, VESSELS, PIPE RACKS, OTHER OIL AND GAS PRODUCTION EQUIPMENT AND MORE THAN ONE CARGO CONTAINER AS AN ACCESSORY STRUCTURE ) IN THE A (AGRICULTURAL)ZONE DISTRICT. LEGAL DESCRIPTION: LOT B REC EXEMPT RECX14-0110; PART E2SE4 SECTION 27,T5N, R61 W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: NORTH OF AND ADJACENT TO CR 52; 1.75 MILES EAST OF CR 89. Kim Ogle, Planning Services, presented Case USR15-0078, reading the recommendation and comments into the record. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Janet Lundquist, Public Works, reported on the existing traffic and access to the site. Wayne Howard, Engineering, reported on the drainage conditions and the requirements on site. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site dust control, and the Waste Handling Plan. Doug Dennison, Bill Barrett Corporation, 33105 CR 33, Greeley, Colorado, stated that he is here to answer any questions. He added that Mr. Ogle did a great job covering the project. 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 the applicant if they have read through the Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Motion: Forward Case USR15-0078 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Bruce Sparrow, Seconded by Benjamin Hansford. Vote: Motion carried by unanimous roll call vote (summary: Yes = 8). Yes: Benjamin Hansford, Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman, Terry Cross. 1 Meeting adjourned at 2:43 pm. Respectfully submitted, Digitally signed by Kristine Panslem 6yw y°44. Jj Date:2016.03.03 07:53:07-07'00' Kristine Ranslem Secretary 2 Hello