HomeMy WebLinkAbout20153449.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Terry Cross,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: USR15-0042
APPLICANT: DRILL GREEN LLC
PLANNER: DIANA AUNGST
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES,OIL AND GAS
SUPPORT AND SERVICE,(OFFICE/SHOP AND STORAGE OF VEHICLES AND
EQUIPMENT) IN THE A(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION: LOT A REC EXEMPT RECX15-0112 BEING PART E2SE4 SECTION 33, T3N,
R66W OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION APPROXIMATELY 225 FEET WEST OF CR 31 AND APPROXIMATELY 1200
FEET NORTH OF CR 26.
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 Commissioner 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.G - A.Goal 7 states, "County land use regulations should protect the
individual property owner's right to request a land use change." And Section 22-2-20.G.2-
A.Policy 7.2 states, "Conversion of agricultural land to nonurban residential, commercial, and
industrial uses should be accommodated when the subject site is in an area that can support
such development, and should attempt to be compatible with the region."
The business is truck parking for the parking of pick-up trucks and storage of oil and gas
related equipment. A future 20,000 square foot shop is proposed. The majority of the 60
employees will be on site to retrieve equipment and then proceed to the job sites. No
landscaping is proposed. Due to the remote location of the site and the fact that the nearest
neighbor is 800 feet south of the southern property line and approximately a quarter mile
south of the storage area staff is not requesting any screening.
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.which allows a Site Specific Development Plan and Use by
Special Review Permit for Mineral Resource Development Facilities, Oil and Gas Support
and Service, (office/shop and storage of vehicles and equipment)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 adjacent lands consist of pastures,crops,and rural residences. The closest residence is
approximately 800 feet south of the southern boundary. There are four(4)USRs within one
mile of this site. USR-1236 for powerlines and SUP-399 fora 200 head dairy are located to
the northeast of the site. USR-1732 for a kennel and USR-1504 for an airstrip are located to
the southeast of the site. The Weld County Department of Planning Services has not
received any correspondence from the surrounding property owners that object to this Use by
Special Review(USR).
The Development Standards and Conditions of Approval for this proposal will assist in
mitigating the impacts of the facility on the adjacent properties. EXHIBIT
A
)015 2*1 0`4a
RESOLUTION USR15-0042
DRILL GREEN LLC
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 referral area of the Town of Platteville. The Town
of Platteville in their referral comments, dated August 4, 2015, indicated that they have no
concerns. The site is not located within an Intergovernmental Agreement Area (IGA) of a
municipality.
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 soils designated as"Prime if they become Irrigated"and
"Other" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map.
The proposed Use by Special Review(USR)will not take any Prime(Irrigated)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 map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR15-0042. (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)
RESOLUTION USR15-0042
DRILL GREEN LLC
PAGE 3
NNW 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) Show and label the approved access(AP15-00402)and appropriate turning radii on the site
plan. (Department of Planning Services- Engineer)
6) Show and label all easements with the recorded document reception number and date on the
site plan. (Department of Planning Services- Engineer)
7) Show and label on the site plan a 30 foot minimum access and utility easement to provide
legal access to the parcel across the adjacent parcel to the east. (Department of Planning
Services- Engineer)
8) Show and label the approved tracking control on the site plan. (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(c�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)
s
RESOLUTION USR15-0042
DRILL GREEN LLC
PAGE 4
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 October 6, 2015.
Dated the 6'h of October, 2015.
Digitally signed by Kristine Ranslem
5'1i'c riL �y,L Date:2015.10.09 15:58:31 -06'00'
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Drill Green, LLC
USR15-0042
1. A Site Specific Development Plan and Use by Special Review Permit, USR15-0042, for Mineral
Resource Development Facilities, Oil and Gas Support and Service (office/shop and storage of
vehicles and 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 24 hours a day/7 day a week,as stated by the applicant. (Department of
Planning Services)
4. The number of on-site full-time employees shall be 5, as stated by the applicant. (Department of
Planning Services)
5. The parking on the site shall be maintained. (Department of Planning Services)
6. The fencing and lighting on the site shall be maintained. (Department of Planning Services)
7. 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)
8. The site shall be maintained to mitigate any impacts to the public road including damages and/or
offsite tracking. (Department of Planning Services- Engineer)
9. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Department of Planning Services- Engineer)
10. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services- Engineer)
11. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Planning Services- Engineer)
12. 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)
13. 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.
14. 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)
15. Fugitive 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)
RESOLUTION USR15-0042
DRILL GREEN LLC
PAGE 6
16. This facility shall adhere to the maximum permissible noise levels allowed in the Non-Specified Zone
as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
17. Sewage disposal shall be by septic system. Any septic system located on the property must comply
with all provisions of the Weld County Code,pertaining to On-site Wastewater Treatment Systems. A
permanent,adequate water supply shall be provided for drinking and sanitary purposes. (Department
of Public Health and Environment)
18. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons 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)
19. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations. (Department of Public Health and Environment)
20. Process wastewater(such as floor drain wastes)shall be captured in a watertight vault and hauled off
for proper disposal. Records of installation, maintenance, and proper disposal shall be retained.
(Department of Public Health and Environment)
21. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in
• accordance with the Rules and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency. (Department of Public Health and Environment)
22. The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank
Regulations. (Department of Public Health and Environment)
23. 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)
24. 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)
25. 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: 2012 International Codes; 2006 International Energy
Code; 2014 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)
26. 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.
•
RESOLUTION USR15-0042
DRILL GREEN LLC
PAGE 7 41. 27. 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.
28. 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.
29. 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.
30. 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
RESOLUTION USR15-0042
DRILL GREEN LLC
PAGE 8
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.
•
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-r7C M1NLi7
tc - (, — IS
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
th. Tuesday, October 6, 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 12:34 pm.
Roll Call.
Present: Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock, Michael Wailes,
Nick Berryman, Terry Cross.
Absent: Benjamin Hansford.
Also Present: Kim Ogle, Chris Gathman, and Diana Aungst, 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 September 15, 2015 Weld County Planning Commission minutes, Moved by Michael
Wailes, Seconded by Joyce Smock. Motion passed unanimously.
CASE NUMBER: USR15-0042
APPLICANT: DRILL GREEN LLC
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND
GAS SUPPORT AND SERVICE, (OFFICE/SHOP AND STORAGE OF
VEHICLES AND EQUIPMENT)IN THE A(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION LOT A REC EXEMPT RECX15-0112 BEING PART E2SE4 SECTION 33, T3N,
R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: APPROXIMATELY 225 FEET WEST OF CR 31 AND APPROXIMATELY 1200
FEET NORTH OF CR 26.
Diana Aungst, Planning Services, presented Case USR15-0042, 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.
Rick Bueller, 5851 Pelican Shores, stated that they have outgrown the current facility in Platteville and
wish to expand their business to this location.
Commissioner Johnson asked if the mineral owners concerns have been addressed through a surface
use agreement. Mr. Bueller stated that they are presently working to address their concerns.
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 he has read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that he is in agreement.
Motion: Forward Case USR15-0042 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 Terry Cross, Seconded by Bruce Johnson. EXHIBIT
Vote: Motion carried by unanimous roll call vote(summary: Yes = 8).
Yes:Bruce Johnson,Bruce Sparrow,Gene Stille,Jordan Jemiola,Joyce Smock, Michael Wailes,Nick
• Berryman,Terry Cross.
Meeting adjourned at 6:10 pm.
Respectfully submitted,
�J Digitally t :2 5.10.0 1y Kr:57t17-ne 600em
Date:2015.10.09 15:57:17-06'00'
Kristine Ranslem
Secretary
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