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Home My WebLink About20153190.tiff z—r LAND USE APPLICATION r k, SUMMARY SHEET Planner: C. Gathman Hearing Date: September 15, 2015 Case Number: USR15-0033 Applicant: Josh Pearson Address: 13280 County Road 66, Greeley, CO 80631 Representative: Sheri Lockman, Lockman Land Consulting, LLC 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 Lot A of Recorded Exemption RE-2296; Being pad of N2NE4 of Section 33, T4N, Description: R66W of the 6th P.M., Weld County, CO Location: South of and adjacent to County Road 41 and west of and adjacent to County Road 31. Size of Parcel: +/- 2.9 acres Parcel No. 1057-33-1-00-051 The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: `v Weld County Zoning Compliance, referral dated June 29, 2015 Weld County Department of Planning Services- Engineer, referral dated July 24, 2015 Y Weld County Department of Public Health and Environment, referral dated July 22, 2015 The Department of Planning Services' staff has received referral responses without comments from the following agencies: ➢ Department of Public Works—Access Permit, referral received July 2, 2015 y Weld County Sheriffs Office, referral received July 6, 2015 y Colorado Parks and Wildlife, referral received July 29, 2015 The Department of Planning Services' staff has not received responses from the following agencies: ➢ Town of Gilcrest ➢ Platteville-Gilcrest Fire Protection District ➢ Colorado Department of Transportation Weld County Department of Building Inspection USR15-0033, Pearson, Page 1 of 8 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW tAt c G,N- Planner: C. Gathman Hearing Date: September 15, 2015 Case Number: USR15-0033 Applicant: Josh Pearson Address: 13280 County Road 66, Greeley, CO 80631 Representative: Sheri Lockman, Lockman Land Consulting, LLC 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 Lot A of Recorded Exemption RE-2296; Being pad of N2NE4 of Section 33, T4N, R66W of the Description: 6th P.M., Weld County, CO. Location: South of and adjacent to County Road 41 and west of and adjacent to County Road 31. Size of Parcel: +/- 2.9 acres Parcel No. 105733100051 Case Summary: This application is for a proposed oil and gas service business. The site is used to park seven hot oil trucks along with six employee personal vehicles. Two small sheds will be used to store pump parts and all miscellaneous items. A 2,000 gallon fuel tank, 250 gallon methanol tank and a 300 gallon diesel exhaust fuel tote are also on the site. Employees arrive in the morning to pick up vehicles and then drop them off at night(typical hours per the application are 6:00 AM to 5:00 PM). The applicants are requesting 24/7 365 day a year operation under this permit. This application is in response to a zoning violation (ZVC15-00032)for storage and operation of more than one (1) commercial vehicle without the necessary Weld County zoning permits. DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED 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 Department of Planning Services' staff 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." USR15-0033, Pearson, Page 2 of 8 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. 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. USR15-0033, Pearson, Page 3 of 8 The Department of Planning Services' staff 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) 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 $50.00 recording continuance charge shall added for each additional three (3) month period. (Department of Planning Services) USR15-0033, Pearson, Page 4 of 8 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 senttomaps@co.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) USR15-0033, Pearson, Page 5 of 8 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 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 USR15-0033, Pearson, Page 6 of 8 and the Weld County Code. (Department of Public Health and Environment) 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 USR15-0033, Pearson, Page 7 of 8 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. 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. USR15-0033, Pearson, Page 8 of 8 H N DEPARTMENT OF PLANNING SERVICES a $6i 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: cgathman@co.weld.co.us �f PHONE: (970) 353-6100, Ext. 3537 C v i FAX: (970) 304-6498 r August 24, 2015 LOCKMAN SHERI 36509 CR 41 EATON, CO 80615 Subject: USR15-0033 -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. On parcel(s)of land described as: PART N2NE4 SECTION 33, T4N, R66W LOT A REC EXEMPT RE-2296 of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on September 15, 2015, at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on October 14, 2015 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at www.weldcou ntyplanningcases.orq If you have any questions concerning this matter, please call. Respectfully, ^ Digitally signed by KristineRanslem F2ason:I am the author of thisdocument Date:2015.08.2410:15:05-06'00' Chris Gathman Planner N DEPARTMENT OF PLANNING SERVICES i 1555 N 17th AVE j ' r ^ GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: cgathman@co.weld.co.us PHONE: (970)353-6100, Ext. 3537 ti ' Y FAX: (970)304-6498 June 26, 2015 LOCKMAN SHERI 36509 CR 41 EATON, CO 80615 Subject: USR15-0033 -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. On parcel(s)of land described as: PART N2NE4 SECTION 33, T4N, R66W LOT A REC EXEMPT RE-2296 of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the following Planning Commission(s)for their review and comments: Gilcrest at Phone Number 970-737-2426 Please call the listed Planning Commissions, for information regarding the date, time and place of the meeting and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please call. Respectfully, A Digitally signed by Kristine Ranslem 43/ �..X F2ason:l am the author of thisdocument A Date:2015.06.2613:32:13-06'00' Chris Gathman Planner FIELD CHECK inspection dates: 9/4/2015 APPLICANT: Josh Pearson CASE#: USR15-0033 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: Lot A of Recorded Exemption RE-2296; Being part of N2NE4 of Section 33, T4N, R66W of the 6th P.M., Weld County, CO LOCATION: South of and adjacent to County Road 41 and west of and adjacent to County Road 31. PARCEL ID #s: 1057-33-1-00-051 ACRES: +/- 2.9 acres Zoning Land Use N A N Cropland (SF residence to NW) E A E Cropland/two SF residence to S/SE S A S Cropland W A W Cropland COMMENTS: Existing residence, outbuildings and oil and gas production facility on site. /1tit �kti. — Chris Gathman - Planner Ill Hello