HomeMy WebLinkAbout20153851.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
4111,
Moved by Benjamin Hansford, 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: USR15-0050
APPLICANT: TROY BONNELL
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING
AN OIL AND GAS SUPPORT AND SERVICE FACILITY(STORAGE YARD FOR
TANK BATTERY EQUIPMENT)IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: PART W2NW4NW4 SECTION 23, T5N, R65W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 45 AND APPROXIMATELY 1,300 FEET
SOUTH OF STATE HIGHWAY 34.
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.
EXHIBIT 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."
• _ The proposed storage yard will encompass less than 1 acre of the property and is located in
�J� �A1� the farthest southeast corner of the site.
Section 22-2-20 I. 5.A.Policy 9.5. states "Applications for a change of land use in the
agricultural areas should be reviewed in accordance with all potential impacts to surrounding
properties and referral agencies."
Impacts on adjacent properties are minimized due to the size, location and hours of access
for the storage yard.A road maintenance agreement is attached as a condition of approval to
address any impacts to the adjacent county road that are caused 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 23-3-40.A.2 of the Weld County Code allows Oil and Gas Support and
Service Facilities (Storage yard for tank battery equipment) 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 proposed facility is located in an agricultural area. Single family residences on rural lots
are located approximately 650-feet south and 1,100 feet northwest of the storage site. An
existing oil and gas support and service facility(oil and gas tanks and wells)is located to the
west across County Road 45. A Use by Special Review Permit (USR-704 — livestock
confinement operation for up to 140 head of cattle) is located to the northeast of the site.
The oil and gas storage area will be located on a small portion of the property (out of the
floodplain) at the furthest distance from the nearest residences. The storage area
encompasses only approximately.5 to.75 acres of the overall property. Hours for pick up and
drop off will be daytime hours only. The size, location and hours of the facility mitigates
impacts on the surrounding area.
X/5"- 3q51
RESOLUTION USR15-0050
TROY BONNELL
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 located within the three (3) mile referrals area of the City of Greeley, Garden City
and City of Evans. Garden City indicated no conflict with their interests in their referral
comments, dated August 31, 2015. No referral response has been received from the City of
Greeley and City of Evans.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The existing 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
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 12.27 acres delineated as"Prime"per the
1979 Soil Conservation Service Important Farmlands of Weld County Map. The facility
encompasses less than 1 acre of the property.
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 complete building permit application for the storage containers
(modified cargo containers) located on site to the Department of Building Inspection.
(Department of Planning Services- Engineer)
B. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR15-0050. (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)
RESOLUTION USR15-0050
TROY BONNELL
PAGE 3
5. The map shall delineate the landscaping and/or screening. (Department of Planning
Services)
6. The map shall delineate the lighting. (Department of Planning Services)
7. Show and label the approved accesses(AP15-00457), and the appropriate turning radii
on the site plan. (Department of Planning Services- Engineer)
8. Show and label the approved tracking control on the site plan. (Department of Planning
Services- Engineer)
9. Show and label the accepted drainage features and drainage flow arrows on the site
plan. Water quality features or stormwater ponds should be labeled as "Water Quality
Feature/Stormwater Detention, No-Build or Storage Area" (Department of Planning
Services-Engineer)
10. Show and label all recorded easements on the map by book and page number or
reception number and date on the site plan. (Department of Planning Services -
Engineer)
11. The applicant shall indicate specifically on the map the type of right-of-way/easement and
indicate whether it is dedicated, private, or deeded to provide adequate access to the
parcel. (Department of Planning Services- Engineer)
12. Show the floodplain and floodway (if applicable) boundaries on the map. Label the
floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or
appropriate study. (Department of Planning Services- Floodplain)
2. Upon completion of Condition of Approval#1 above,the applicant shall submit three(3)paper copies
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
mapsco.weld.co.us. (Department of Planning Services)
5. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required.
(Department of Planning Services- Engineer)
B. The approved access and tracking control shall be constructed prior to on-site construction.
(Department of Planning Services - Engineer)
RESOLUTION USR15-0050
TROY BONNELL
PAGE 4
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 Joyce Smock.
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.
161110 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 November 17, 2015.
Dated the 17th of November, 2015.
Digitally signed by Kristine Ranslem
`ta w,/244/,ld Date:2015.11.20 09:28:45-07'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
L, DEVELOPMENT STANDARDS
Bonnell
USR15-0050
1. A Site Specific Development Plan and Use by Special Review Permit, USR15-0050, for an Oil and Gas
Support and Service Facility(Storage yard for tank battery equipment)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 8:00 a.m. - 5:00 p.m. Monday — Saturday, as stated by the applicant(s).
(Department of Planning Services)
4. The parking on the site shall be maintained. (Department of Planning Services)
5. 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)
6. 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)
7. 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)
8. 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)
9. 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)
10. 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)
11. 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)
12. 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)
13. 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)
14. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning
Services- Engineer)
RESOLUTION USR15-0050
TROY BONNELL
PAGE 6
15. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services- Engineer)
16. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Planning Services- Engineer)
17. The site shall be maintained to mitigate any impacts to the public road including damages and/or offsite
tracking. (Department of Planning Services- Engineer)
18. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map#08123C-1544 effective date January 20, 2016 (South Platte River Floodplain).
Any development shall comply with all applicable Weld County requirements, Colorado Water
Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in
Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. The
FEMA definition of development is any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation,drilling operations,or storage of equipment and materials. (Department of Planning Services-
Floodplain)
19. 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 2011
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)
20. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
21. 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.
22. 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.
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. 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 USR15-0050
TROY BONNELL
cPAGE 7
25. 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
%V' Tuesday, November 17, 2015
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 Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Terry Cross.
Absent/Excused: Gene Stille, Michael Wailes, Nick Berryman.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Michelle Martin, and Tom Parko, Department of
Planning Services; Wayne Howard, and Jennifer Petrik, Department of Planning Services — Engineering
Division; Lauren Light, Department of Health; Bruce Barker, County Attorney, and Kris Ranslem,
Secretary.
Motion: Approve the November 3, 2015 Weld County Planning Commission minutes, Moved by Bruce
Johnson, Seconded by Bruce Sparrow. Motion passed unanimously.
CASE NUMBER: USR15-0050
APPLICANT: TROY BONNELL
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY
INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY
(STORAGE YARD FOR TANK BATTERY EQUIPMENT) IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: PART W2NW4NW4 SECTION 23, T5N, R65W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 45 AND APPROXIMATELY 1,300 FEET
SOUTH OF STATE HIGHWAY 34.
Chris Gathman, Planning Services, presented Case USR15-0050, 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.
Jennifer Petrik, 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.
Troy Bonnell, 26712 CR 45, Greeley, Colorado, stated that they will be good neighbors. He said that he
has communicated with all the landowners around him and added that they have received their support.
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 USR15-0050 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 Benjamin Hansford, Seconded by Joyce Smock.
Vote: Motion carried by unanimous roll call vote(summary: Yes =6).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Terry Cross.
�'' IBIT
Meeting adjourned at 5:12 pm.
• Respectfully submitted, Kr�' �YL, Digitally t :2 5.11.2 0y:18:46 70slem
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Date:2015.11.20 09:18:46-07'00'
Kristine Ranslem
Secretary
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