HomeMy WebLinkAbout20160457.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Michael Wailes, 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: USR15-0063
APPLICANT: HIGH PLAINS DISPOSAL INC
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY(STORAGE
OF PIPING AND EQUIPMENT IN SUPPORT OF OIL AND GAS OPERATIONS)IN
THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE-4560; PART NW4 SECTION 25, T5N, R65W OF THE
6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 54 AND EAST OF AND ADJACENT TO CR 47.
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 22-2-20 I. A. Goal 9 states"Reduce potential conflicts between varying land uses in
the conversion of traditional agricultural lands to other land uses."
Conditions of approval and development standards (the storage area is required to be
screened and a noise limit is attached) will address impacts and compatibility with the
surrounding area.
Section 22-2-80 C. I.Goal 3. Consider how transportation infrastructure is affected by the
impacts of new or expanding industrial developments."
An Improvements and Road Maintenance Agreement is a condition of approval for this
case to address any potential offsite impacts to county roads generated by this use.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Section 24-3-40.A.1 of the Weld County Code allows for Oil and Gas Storage
(storage of piping and equipment in support of oil and gas operations) as a Use by Special
Review Permit 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 site is located east of and adjacent to an existing single-family residence.An Oil and Gas
Support and Service facility (saltwater disposal facility approved under MUSR13-0002) is
located immediately to the east of the site. Two single family residences are located to the
north and west.The site is bordered by the Union Pacific Railroad and farmland to the south.
No phone calls or correspondence has been received from surrounding property owners in
regards to this case.
Conditions of approval and development standards (the storage area is required to be
screened and a noise limit is attached) will address impacts and compatibility with the
surrounding area. No lighting is proposed for this use.
kair EXHIBIT
A
a?OI2-Ov-I57
RESOLUTION USR15-0063
HIGH PLAINS DISPOSAL INC
PAGE 2
111119. 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 located within the three(3) mile referral area of the City of Greeley and the Town
of Kersey. The City of Greeley in their referral comments,dated October 15,2015 indicated
that they have no concerns. The Town of Kersey in their referral dated November 3, 2015
recommended that the applicant work with Kersey to annex the property once eligible for
annexation, control weeds and vegetation inside and outside the fencing, require ongoing
maintenance to control mud tracked on roads and at site entrances,and maintain the site in a
neat and orderly manner.
An Improvements and Road Maintenance agreement is required to address impacts to
county road and a development standard is attached requiring that noxious weeds be
controlled on the site.
E. Section 23-2-220.A.5--The application complies with Chapter 23, Articles V and XI, of the
Weld County Code.
The site is not in a floodplain.
The site is within the County-Wide Road Impact Fee Area and the Capital Expansion Impact
Fee area.
Building Permits issued on the lot will be required to adhere to the fee structure of the
4111. 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 53.2 acres delineated as"Irrigated Land
(Not Prime)" per the 1979 Soil Conservation Service Important Farmlands of Weld County
Map.
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. The applicant shall submit a Landscaping/Screening Plan to the Department of Planning
Services for review and approval. All storage areas shall be screened from adjacent properties
and public rights of way. The site shall be screened by either an opaque fence or live
vegetation. No screening is required along the eastern property line due to the proximity to an
RESOLUTION USR15-0063
HIGH PLAINS DISPOSAL INC
PAGE 3
existing saltwater disposal facility and no screening is required along the southern property line
(north of the railroad). (Department of Planning Services)
B. 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)
C. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Department of Planning Services -
Engineer)
D. The applicant shall attempt to address the comments from the Town of Kersey as stated in
their referral dated November 3, 2015. Written evidence of such shall be provided to the
Department of Planning Services. (Town of Kersey)
E. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR15-0063(Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
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 delineate on the map 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. The map shall delineate the landscaping and/or screening. (Department of Planning
Services)
6. County Road 54 is a paved road and is designated on the Weld County Road
Classification Plan as a collector road which requires 80 feet of right-of-way at full
buildout. The applicant shall delineate on the site plan the future and existing right-of-
way. All setbacks shall be measured from the edge of future right-of-way. This road is
maintained by Weld County. (Department of Planning Services- Engineer)
7. Show and label the approved accesses(AP15-00512), and the appropriate turning radii
on the site plan. (Department of Planning Services- Engineer)
8. Show and label all recorded easements and rights-of-way on the map by book and page
number or reception number and date on the site plan. (Department of Planning
Services- Engineer)
9. Show and label the approved tracking control on the site plan. (Department of Planning
Services- Engineer)
10. Show and label the accepted drainage features and drainage flow arrows on the site
plan. Stormwater ponds should be labeled as "Stormwater Detention, No-Build or
Storage Area"and shall include the calculated volume.(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
(kir 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
RESOLUTION USR15-0063
HIGH PLAINS DISPOSAL INC
PAGE 4
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
maos(a.co.weld.co.us. (Department of Planning Services)
5. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on-site construction.
(Department of Planning Services- Engineer)
B. 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 Bruce Johnson.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
Gene Stille
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 19, 2016.
Dated the 19th of January, 2016
//�� Digitally signed by Kristine Ranslem
`1� y11�'ir"7,4,4. "7„..L Date:2016.01.21 14:11:26-07'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
High Plains Disposal, Inc.
USR15-0063
1. A Site Specific Development Plan and Use by Special Review Permit for Mineral Resource Development
Facilities, including an Oil and Gas Support and Service Facility (storage of piping and equipment in
support of oil and gas operations) 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, 365 days a year, as stated by the applicant. (Department of
Planning Services)
4. A maximum of 65 trucks per day(pickup trucks and tractor trucks)will access the site on a daily basis,as
stated by the applicant. (Department of Planning Services)
5. The parking on the site shall be maintained. (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. No permanent employees will be located on the site. Site will be accessed by transient truck drivers only
to pick-up and drop-off equipment. (Department of Planning Services)
8. The landscaping/screening on the site shall be maintained. (Department of Planning Services)
9. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section
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)
10. 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, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment)
11. 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)A
12. 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)
13. This facility shall adhere to the maximum permissible noise levels allowed in the non-specified Zone
District, as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
14. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. As 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 (Department of Public Health and 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 and Environment)
RESOLUTION USR15-0063
HIGH PLAINS DISPOSAL INC
PAGE 6
16. 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)
17. 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)
18. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning
Services- Engineer)
19. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services - Engineer)
20. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Planning Services- Engineer)
21. The site shall be maintained to mitigate any impacts to the public road including damages and/or offsite
tracking. (Department of Planning Services- Engineer)
22. 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. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection. (Department of Building Inspection)
23. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
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.
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.
I
RESOLUTION USR15-0063
HIGH PLAINS DISPOSAL INC
PAGE 7
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: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.
r 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.
'PL M I N UTC.-S
to- t(0
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
I, Tuesday, January 19, 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: Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock, Michael Wailes,
Nick Berryman.
Absent: Benjamin Hansford, Terry Cross.
Also Present: Kim Ogle, Chris Gathman, and Tom Parko, Department of Planning Services; Wayne
Howard, Department of Planning Services — Engineering Division; Lauren Light, Department of Health;
Bob Choate, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the January 12, 2016 Weld County Planning Commission minutes, Moved by Joyce
Smock, Seconded by Michael Wailes. Motion passed unanimously.
CASE NUMBER: USR15-0063
APPLICANT: HIGH PLAINS DISPOSAL INC
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY
(STORAGE OF PIPING AND EQUIPMENT IN SUPPORT OF OIL AND GAS
OPERATIONS) IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE-4560; PART NW4 SECTION 25, T5N, R65W OF THE
6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 54 AND EAST OF AND ADJACENT TO
CR47.
Chris Gathman, Planning Services, presented Case USR15-0063, reading the recommendation and
comments into the record.
Mr. Gathman noted that there is a Condition of Approval that the applicant submit a landscape/screening
plan so that all storage areas are screened by an opaque fence or live vegetation. He added that staff is
not requesting screening along the eastern property line since that is where an injection facility is located.
Additionally, there are no immediate neighbors to the south; therefore staff is not requiring any screening
along the southern property line. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
Wayne Howard, Engineering, reported on the existing traffic, access and 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.
Jeff Wright, A&W Water Service, 1892 Denver Avenue, Ft. Lupton, Colorado stated that he is
representing High Plains Disposal. He said that with the decrease in oil and gas activity, they need to
store their equipment and are proposing to utilize this site as a storage area for frac tanks and other oil
and gas support equipment.
Commissioner Smock asked about the possibility of annexation with the Town of Kersey. Mr. Wright said
that the Town of Kersey indicated that their town is growing in this direction and they just wanted them to
be willing to talk about annexation if and when they decide to annex this area.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
EXHIBIT
,
4
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 USR15-0063 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 Michael Wailes,Seconded by Bruce Johnson.
Vote:Motion carried by unanimous roll call vote(summary:Yes=7).
Yes:Bruce Johnson,Bruce Sparrow,Gene Stille,Jordan Jemiola,Joyce Smock, Michael Wailes,Nick
Berryman.
Meeting adjourned at 1:23 pm.
Respectfully submitted,
Digitally signed by kranslem@co.weld.co.us
,1 .,&du1'l. Date:2016.01.21 08:52:52-07'00'
Kristine Ranslem
Secretary
•
•
2
Hello