HomeMy WebLinkAbout20143600.tiff LAND USE APPLICATION
SUMMARY SHEET
Planner: Diana Aungst Hearing Date: November 18, 2014
Case Number: USR14-0056
Applicant: United Surface & Minerals, LLC, c/o Select Energy Services
Request: A Site Specific Development Plan and Use by Special Review Permit for Mineral
Resource Development Facilities, Oil and Gas Support and Service (water hauling) in
the (A)Agricultural Zone District
Legal W2 Section 33, T7N, R60W of the 6th P.M., Weld County, CO
Description:
Location: North of and adjacent to CR 74; approximately 1.5 miles west of CR 105
Size of Parcel: +/- 318.00 acres Parcel No. 0719-33-0-00-002
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is 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:
• Weld County Zoning Compliance, referral dated September 3, 2014
• Weld County Department of Planning Services- Engineer, referral dated September 26, 2014
y Weld County Department of Public Health and Environment, referral dated September 24, 2014
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ West Greeley Conservation District, referral dated September 3, 2014
• Weld County Department of Building Inspection, referral dated October 3, 2014
• State of Colorado, Division of Water Resources, referral dated September 23, 2014
The Department of Planning Services' staff has not received responses from the following agencies:
Morgan County
Briggsdale Fire Protection District
Weld County School District RE-10J
Colorado Division of Parks and Wildlife
uSR14-0056
Page 1 of 8
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Uj` a � NTYDi
Planner: Diana Aungst Hearing Date: November 18, 2014
Case Number: USR14-0056
Applicant: United Surface & Minerals, LLC, c/o Select Energy Services
Request: A Site Specific Development Plan and Use by Special Review Permit for Mineral
Resource Development Facilities, Oil and Gas Support and Service (water hauling) in
the (A)Agricultural Zone District
Legal W2 Section 33, T7N, R6OW of the 6th P.M., Weld County, CO
Description:
Location: North of and adjacent to CR 74; approximately 1.5 miles west of CR 105
Size of Parcel: +/- 318.00 acres Parcel No. 0719-33-0-00-002
Case Summary:
The applicant is requesting a Use by Special Review permit for a water storage and a water load-out
facility. The property contains an 80,000 barrel capacity reservoir with three truck filling bays. The
reservoir is filled by an existing on-site water well. The non-potable water is used to support oil and gas
operations including drilling and hydraulic fracturing. The site is currently over 300 acres in size and the
applicant is dividing off an 80 acre parcel for this facility. The facility will only encumber approximately 10
of the 80 acres. This facility will not have any full-time employees. The maximum number of people
using the site is 40 per day. The average number of people on the site is 16 per day. No landscaping,
screening, lighting, signage or parking is proposed for this facility. This site is not in a Special Flood
Hazard Area.
This case is an active Zoning Violation (ZCV14-00129) which was initiated due to the presence of a water
hauling and trucking operation without first completing the necessary Weld County Zoning Permits. If this
application if approved by the Board of County Commissioners and a plat is recorded this violation will be
corrected. If this application is denied all water hauling and trucking operations shall be removed from the
property within 30 (thirty)days of denial or the violation will proceed in court accordingly.
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 - 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
USR14-0056
Page 2 of 8
- 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 property contains an 80,000 barrel capacity reservoir with three truck filling bays.
The reservoir is filled by an existing on-site water well. The non-potable water is used to
support oil and gas operations including drilling and hydraulic fracturing.
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 for a Site
Specific Development Plan and Use by Special Review Permit for Mineral Resource
Development Facilities, Oil and Gas Support and Service (water hauling) 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 one-half mile east of the site. There are no USRs within one
mile of this site. The Weld County Department of Planning Services has not received any
correspondence from the surrounding property owners on this USR. The site is located
in a remote area of the County therefore staff is not requesting a landscape plan. The
Development Standards and the Conditions of Approval will assist in mitigating the
impacts of the facility on the adjacent properties.
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 not located within a three (3) mile referral area of any municipality, nor is it
located within any existing 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.
The site is not in a Special Flood Hazard 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",
"Irrigated Land, Not Prime", and "Other" per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. Therefore this 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.
uSR14-0056
Page 3 of 8
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 Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to recording the map:
A. If there is any lighting on the site the applicant shall submit a Lighting Plan to the Department
of Planning Services, for review and approval. Any lighting poles and lamps shall comply
with Section 23-3-360.F. which states, in part, that, "any lighting shall be designed, located,
and operated in such a manner as to meet the following standards: sources of light shall be
shielded so that beams or rays of light will not shine directly onto adjacent properties."
(Department of Planning Services)
B. An Improvements Agreement and Road Maintenance Agreement is required for this site.
Road maintenance including dust control, damage repair, and triggers for improvements will
be included. (Department of Planning - Engineer)
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR14-0056. (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)
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) County Road 74 is designated on the Weld County Road Classification Plan as a local
gravel road, which requires 60 feet of right-of-way at full build out. The applicant shall
verify the existing right-of-way and the documents creating the right-of-way and this
information shall be noted on the plat. All setbacks shall be measured from the edge of
future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road
is maintained by Weld County. (Department of Planning Services - Engineer)
6) Show the approved access on the plat and label with the approved access permit number
(AP14-00037). (Department of Planning - Engineer)
7) The applicant shall show and label the water quality feature on the plat as "Water Quality
Feature, No Build or Storage Area", and label the required volume. (Department of
Planning Services- Engineer)
8) Show and label standard tracking control onto publicly maintained roadways on the map.
(Department of Planning Services - Engineer)
9) Show the drainage flow arrows on the plat. (Department of Planning Services -
Engineer)
USR14-0056
Page 4 of 8
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. A Weld County Grading Permit will be required if disturbing more than 1 acre. A Construction
Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact:
Colorado Department of Public Health and Environment, Water Quality Control Division, Rik
Gay, 303-692-3575. (Department of Planning Services- Engineer)
b. Right of way permit is required for any work within the public right of way. (Department of
Planning Services - Engineer)
c. Special transport permit is required for any over size or over weight vehicles. (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)
USR14-0056
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
United Surface & Minerals, LLC, do Select Energy Services
USR14.0056
1. A Site Specific Development Plan and Use by Special Review Permit, USR14-0056, for Mineral
Resource Development Facilities, Oil and Gas Support and Service (water hauling) 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. Hours of operation will be 24-hours seven-days/week, as stated by the applicant. (Department of
Planning Services)
4. No full-time employees will be stationed on site. (Department of Planning Services)
5. 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)
6. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services - Engineer)
7. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Planning Services - Engineer)
8. There shall be no parking or staging of vehicles on County roads. On-site parking shall be
utilized. (Department of Planning Services- Engineer)
9. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
10. No permanent disposal of wastes shall be permitted at this site. This is not meant to include
those wastes specifically excluded from the definition of a solid waste in the Solid Wastes
Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public
Health and Environment)
11. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The
applicant shall operate in accordance with the approved Waste Handling Plan, at all times.
(Department of Public Health and Environment)
12. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved Dust Abatement Plan, at all times. (Department of
Public Health and Environment)
13. 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)
USR14-0056
Page 6 of 8
14. Adequate drinking, handwashing 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 are acceptable. Records of maintenance and proper disposal for
portable toilets shall be retained on a quarterly basis and available for review by the Weld County
Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner
licensed in Weld County and shall contain hand sanitizers. (Department of Public Health and
Environment)
15. The fresh water storage and loading system shall be operated in a manner to minimize spills.
Fresh water spills should be captured in above-ground containment areas for reuse or allowed to
infiltrate. There shall be no discharge from this process to surface waters or through the facility's
stormwater management system, in accordance with the Rules and Regulations of the Colorado
Water Quality Control Commission, and the Environmental Protection Agency. (Department of
Public Health and Environment)
16. 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)
17. 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)
18. 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; 2011 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)
19. 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.
20. 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.
21. 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.
USR14-0056
Page 7 of 8
22. 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, sand burs, 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.
USR14-0056
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: daungst@co.weld.co.us
�f PHONE: (970) 353-6100, Ext. 3524
C v i FAX: (970)304-6498
r
October 28, 2014
GREENWOOD HARVEY
1551 S SUNSET ST STE A
LONGMONT, CO 80501
Subject: USR14-0056 - A Site Specific Development Plan and Use by Special Review for a mineral
resource development facility including oil and gas support and service (water hauling) in the A
(Agricultural)Zone District
On parcel(s)of land described as:
W2 SECTION 33, T7N, R60W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on November 18, 2014, at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on November 26,
2014 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.weldcoUntyplanningcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed the
a Kristine r�ndlom
F2ason:lam the author of this document
Date:2014.10.28 14:28:18-06'00'
Diana Aungst
Planner
h N DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: daungst@co.weld.co.us
/ PHONE: (970)353-6100, Ext. 3524
N ? FAX: (970)304-6498
August 29, 2014
GREENWOOD HARVEY
1551 SOUTH SUNSET ST STE A
LONGMONT, CO 80501
Subject: USR14-0056 - A Site Specific Development Plan and Use by Special Review for a mineral
resource development facility including oil and gas support and service (water hauling) in the A
(Agricultural)Zone District
On parcel(s)of land described as:
W2 SECTION 33, T7N, R60W 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.
If you have any questions concerning this matter, please call.
Respectfully.
Digitally sgned bymthea thiorioetandem
isdocu
F2ason:I am the author of thisdocument
Date:2014.0829 11:18:58-06'00'
Diana Aungst
Planner
FIELD CHECK Inspection Date: 11/7/2014
Case Number: USR14-0056
Applicant: United Surface & Minerals, LLC, c/o Select Energy Services
Request: A Site Specific Development Plan and Use by Special Review Permit for
Mineral Resource Development Facilities, Oil and Gas Support and Service
(water hauling) in the (A) Agricultural Zone District
Legal W2 Section 33, T7N, R60W of the 6th P.M., Weld County, CO
Description:
Location: North of and adjacent to CR 74; approximately 1.5 miles west of CR 105
Size of Parcel: +/- 318.00 acres Parcel No. 0719-33-0-00-002
Zoning Land Use
N A (Agricultural) N Rural Residential
E A (Agricultural) E Rural Residential
S Morgan County S Morgan County - Rural Residential
W A (Agricultural) W Rural Residential
COMMENTS:
The site contains a reservoir for water storage. The majority of the land is use as pasture.
There is an access to the site off of CR 74.
Diana Aungst, Planner
Hello