HomeMy WebLinkAbout20153189.tiff BEFORE THE WELD COUNTY , COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Joyce Smock. 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 USR15-0033
dObier APPLICANT JOSH PEARSON
PLANNER CHRIS GATHMAN
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN
PERMIT FOR MINERAL RESOURCE DEVELOPMENT
ANDUSE FACILITIESBYSPECIAL INCLUREVIEWDING
= OIL AND GAS SUPPORT AND SERVICE ( PARKING AND STORAGE OF HOT OIL
� TRUCKS AND RELATED EQUIPMENT ) IN THE A (AGRICULTURAL) ZONE
DISTRICT
G LEGAL DESCRIPTION LOT A REC EXEMPT RE-2296. BEING PART N2NE4 SECTION 33 T4N R66W
OF THE 6TH P M WELD COUNTY. COLORADO
t`I LOCATION SOUTH OF AND ADJACENT TO CR 40 AND WEST OF AND ADJACENT TO CR
31
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 G .2 A. Policy 7.2 of the Weld County Code 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 proposed oil and gas support operation is small in size Only six employees will be
accessing and leaving the site. The vehicles are parked facing away from the residence to
the north and west and the vehicles are screened by the existing residence from the nearest
residence to the south and east.
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 (parking and storage of hot oil trucks and related 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 Use by Special Review (USR) site is located on a
property approximately 300 feet to the southeast and 400 feet to the north of two existing
single family residences. The remaining areas are in crop Only six employees will be
accessing and leaving the site The vehicles are parked facing away from the residence to
the north and west and the vehicles are screened by the existing residence from the nearest
residence to the south and east.
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 Gilcrest and
Intergovernmental Agreement ( IGA) boundary of the Town of Gilcrest No referral response
has been received from the Town of Gilcrest in response to this case
RESOLUTION USR15-0033
JOSH PEARSON
PAGE 2
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 2 acres delineated as 'Prime" per the 1979
Soil Conservation Service Important Farmlands of Weld County Map. The property is covered
by existing improvements.
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 Change of Use Building Permits shall be submitted for the existing building(s) being utilized for
parts and equipment storage associated with the business The applicant will need to complete
the As Built Construction Agreement because the building(s) and electrical work have been
completed . A Fire District Notification letter shall be submitted to the Fire District with
jurisdiction for review and comments and submitted with Commercial Permit application to Weld
County Evidence of such shall be submitted to the Weld County Department of Planning
Services. (Department of Building Inspection)
B Building permits for the existing fuel tanks shall be submitted Evidence of such shall be
submitted to the Department of Planning Services (Department of Building Inspection)
C . The map shall be amended to delineate the following.
1 All sheets of the map shall be labeled USR15-0033 (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 County Roads 40 and 31 are gravel roads and are designated on the Weld County Road
Classification Plan as local roads which require 60 feet of right-of-way at full buildout.
The applicant shall delineate on the map the future and existing right-of-way All
setbacks shall be measured from the edge of right-of-way These roads are maintained
by Weld County (Department of Planning Services - Engineer)
RESOLUTION USR15-0033
JOSH PEARSON
PAGE 3
5 Show and label the approved access(es) . turning radii , and access permit number
(AP15-00307) on the map ( Department of Public Works)
6 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)
7 Show and label the approved tracking control on the map. (Department of Planning
Services - Engineer)
2 . Upon completion of Condition of Approval #1 above. the applicant shall submit one ( 1 ) 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 550 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 of (Group 4) (Group 6 is not acceptable) This digital file may be sent to
mapsco.weld co_ us (Department of Planning Services)
5 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 Stifle
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.
RESOLUTION USR15-0033
JOSH PEARSON
PAGE 4
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 September 15, 2015.
Dated the 15`h of September, 2015.
Digitally signed by Kristine Ranslem
dirt. Date: 2015.09.21 08:36:06 -06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Pearson
USR15-0033
1 . A Site Specific Development Plan and Use by Special Review Permit, USR15-0033, for Mineral Resource
Development Facilities including Oil and Gas Support and Service (parking and storage of hot oil trucks
and related 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, 365 days a year, as stated by the applicant(s). (Department of
Planning Services)
4. The maximum number of employees shall be limited to six (6). (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. 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)
8. 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)
9. Waste materials shall be handled, stored, and disposed of 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)
10. Fugitive dust and fugitive particulate emissions shall should be controlled on this site. Uses on the
property should comply with the Colorado Air Quality Commission's air quality regulations. (Department of
Public Health and Environment)
11 . 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)
12. 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, and 2 or
less full time employees on site, 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)
13. The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank
Regulations. (Department of Public Health and Environment)
14. 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 USR15-0033
JOSH PEARSON
PAGE 6
15 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)
16 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)
17. The historical flow patterns and runoff amounts will be maintained on the site (Department of Planning
Services - Engineer)
18. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services - Engineer)
19. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized .
(Department of Planning Services - Engineer)
20 . The site shall be maintained to mitigate any impacts to the public road including damages and/or offsite
tracking (Department of Planning Services - Engineer)
21 . 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)
22 . The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
23. 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
24. 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.
25. 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.
26. 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.
RESOLUTION USR15-0033
JOSH PEARSON
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.
27. 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.
'Fa MtNJuTCS
11Ca liG
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday . September 15, 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, Gene Stille. Jordan Jemiola, Joyce Smock ,
Michael Wailes, Nick Berryman . Terry Cross.
Also Present. Kim Ogle. Chris Gathman . Diana Aungst. Michelle Martin. and Tom Parko. Department of
Planning Services: Jose Gonzalez . Building Inspection . Wayne Howard . and Jennifer Petrik Department
of Planning Services — Engineering Division. Lauren Light and Phil Brewer. Department of Health : Bruce
Barker, County Attorney. and Kris Ranslem . Secretary
Motion : Approve the September 1 . 2015 Weld County Planning Commission minutes, Moved by Michael
Wailes. Seconded by Benjamin Hansford Motion passed unanimously
CASE NUMBER USR15-0033
APPLICANT JOSH PEARSON
PLANNER CHRIS GATHMAN
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES
INCLUDING OIL AND GAS SUPPORT AND SERVICE ( PARKING AND
STORAGE OF HOT OIL TRUCKS AND RELATED EQUIPMENT) IN THE A
(AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION. LOT A REC EXEMPT RE-2296, BEING PART N2NE4 SECTION 33 T4N R66W
OF THE 6TH P M . WELD COUNTY, COLORADO
LOCATION SOUTH OF AND ADJACENT TO CR 40 AND WEST OF AND ADJACENT TO
CR 31
Chris Gathman . Planning Services. presented Case USR15-0033. 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 Ms. Light noted that there is a typographical error in
Development Standard 10 and requested to replace "shall" with "should"
Sheri Lockman . Lockman Land Consulting . 36509 CR 41 . Eaton . stated that they will comply with the
development standards and conditions of approval. The access agreement that they were asked to do
was with the oil and gas company since they put in those accesses. Therefore the applicant obtained the
access agreements with them.
Josh Pearson . 13280 CR 66. stated that the hot oil trucks are an oilfield pump truck that they can heat oil
production tanks and it does various jobs in the oil field Commissioner Johnson asked if it is ever
operated at the subject site or at the oilfield site. Mr Pearson said that it is done at the job site Mr.
Johnson asked if there is any odor associated with this Mr Pearson said that there is no odor as it is
burning propane.
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 referred to a request to amend Development Standard 10 as recommended b staff and asked
for any comments EXHIBIT
Motion : Amend Development Standard 10 as recommended by staff. Moved by Benjamin Hansford.
Seconded by Michael Wailes Motion carried unanimously
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those The applicant replied that they are in
agreement.
Motion : Forward Case USR15-0033 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval . Moved by Joyce Smock Seconded by Bruce Johnson .
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes : Benjamin Hansford, Bruce Johnson , Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock,
Michael Wailes. Nick Berryman. Terry Cross
Meeting adjourned at 6: 17 pm
Respectfully submitted ,
Digitally signed by Kristine Ranslem
'aiekii'LL- 194tDate: 2015 .09.21 07:33 : 19 -06'00'
Kristine Ranslem
Secretary
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