HomeMy WebLinkAbout20130024.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR12-0065, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING OIL AND GAS SUPPORT AND SERVICE (WATER HAULING) IN THE
A (AGRICULTURAL) ZONE DISTRICT - BRUCE SANDAU, ROBERT SANDAU,
BARTELS FAMILY LLC, C/O A&W WATER SERVICE, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 2nd day of
January, 2013, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Bruce Sandau, Robert Sandau, Bartels Family LLC, 18446 County
Road 31, Platteville, Colorado 80651, c/o A&W Water Service, Inc., for a Site Specific
Development Plan and Use by Special Review Permit, USR12-0065, for a Mineral Resource
Development Facility, including Oil and Gas Support and Service (water hauling) in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Subdivision Exemption, SUBX12-0016, being part
of the SW1/4 of Section 25, Township 4 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present and represented by Linn
Leeburg, Leeburg and Associates, 707 Hawthorn Avenue, Boulder, Colorado 80304, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall 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 Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.6 of the Weld County Code as follows:
A. Section 23-2-230.6.1 - The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.C (A.Goal 3) states: "County land use regulations
recognize and respect the rights afforded by the State Constitution
and associated statutes of individually decreed water rights.
1. CA)
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SPECIAL REVIEW PERMIT (USR12-0065) - BRUCE SANDAU, ROBERT SANDAU, BARTELS
FAMILY LLC, CIO A&W WATER SERVICE, INC.
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Water rights are considered real property and should be protected
as any other private property right."
2) Section 22-2-20.C.3 (A.Policy 3.3) states: "Land use regulations
should consider the traditional and future operational viability of
water delivery infrastructure when applications for proposed land
use changes are considered."
3) 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."
4) 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."
5) Section 22-2-80.D (I. Goal 4) states: "All new industrial
development should pay its own way." The applicant will be
responsible for covering the costs for all on -site and any
applicable off -site improvements associated with this use, as
required through the Improvements Agreement and Conditions of
Approval.
6) Section 22-4-30.A (WA.Goal 1) states: "Support the development
of water that is put to beneficial use, along with associated
infrastructure."
7) Section 22-4-30.A.1 (WA.Policy 1.1) states: "Acknowledge a water
right as real property that is held by the individual or entity that has
developed or maintained the water decree." The State Engineer's
Office, Division of Water Resources (DWR), has permitted one (1)
well for industrial and commercial use. Well Permit #76241-F was
issued for the appropriation of up to 1,122 acre-feet of water per
year for industrial uses, including equipment washing, oil and gas
exploration, development, reclamation, and dust suppression.
The DWR also stated that the wells may not be operated for these
industrial uses unless they are included in a Substitute Water
Supply Plan approved by the State Engineer or a plan for
augmentation approved by the water court. The wells are currently
included in the Green Water Resource Alliance et al. substitute
water supply plan valid through June 30, 2013 (if not renewed).
The Development Standards will address this issue and require
written evidence of an adequate water supply on, or before,
June 30 of each year from the State Engineers Office, Division of
Water Resources.
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SPECIAL REVIEW PERMIT (USR12-0065) - BRUCE SANDAU, ROBERT SANDAU, BARTELS
FAMILY LLC, CIO A&W WATER SERVICE, INC.
PAGE 3
8) Section 22-6-20.A (ECON.Goal 1) states: "Encourage the
expansion of existing businesses and the location of new
industries that will provide employment opportunities in the
County."
Section 23-2-230.6.2 -- 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 a Mineral Resource Development Facility, including Oil
and Gas Support and Service (water hauling) in the A (Agricultural) Zone
District.
C. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The site is located in
a rural area. Adjacent properties are mainly utilized for crops and rural
residences. The nearest residence is located approximately 120 feet to
the south and across County Road (CR) 40. The Weld County
Department of Planning Services has received one letter citing several
issues including noise, safety, and truck traffic. The attached Conditions
of Approval and Development Standards, including a Road Improvements
and Maintenance Plan, will address the impacts and attempt to ensure
compatibility with the surrounding area.
D. Section 23-2-230.6.4 -- 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 subject property is located within the three-mile
referral area of the Town of Gilcrest. The Town of Gilcrest did not
respond to the referral request.
E. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. Effective April 25, 2011, building
permits issued on the property will be required to adhere to the fee
structure of the County -Wide Road Impact Fee Program. Effective
April 25, 2011, building permits issued on the property will be required to
adhere to the fee structure of the County Facility Fee and Drainage
Impact Fee Programs.
F. Section 23-2-230.6.6 -- 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
"Irrigated Land (Not Prime)" 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.
2013-0024
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SPECIAL REVIEW PERMIT (USR12-0065) - BRUCE SANDAU, ROBERT SANDAU, BARTELS
FAMILY LLC, C/O A&W WATER SERVICE, INC.
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G. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), and Conditions of Approval and Development Standards shall
ensure that there are adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Bruce Sandau, Robert Sandau, Bartels Family
LLC, c/o A&W Water Service, Inc., c/o Leeburg and Associates, for a Site Specific Development
Plan and Use by Special Review Permit, USR12-0065, for a Mineral Resource Development
Facility, including Oil and Gas Support and Service (water hauling) in the A (Agricultural) Zone
District, on the parcel of land described above be, and hereby is, granted subject to the
following conditions:
1. Prior to recording the plat:
A. An Improvements and Road Maintenance Agreement is required for this
site. Access improvements shall include 60 -foot turning radiuses and a
gravel section to prevent the tracking of mud onto the County roadway.
Additional improvements will be required if tracking occurs or if trucking
numbers increase. The haul route shall be determined in additional
discussions with the applicant and in accordance with the U.S. Highway
85 Access Management Plan. The triggers for roadway improvements
agreed to by the applicant in the application will be included in the
agreement. The agreement and form of collateral shall be reviewed by
County Staff and accepted by the Board of County Commissioners.
B. The applicant shall submit a proposed gravel cross section for the
access. The Department of Public Works will review the cross section
and provide comments.
The applicant shall submit a Lighting Plan to the Department of Planning
Service, for review and approval.
D. The applicant shall submit a Screening/Sound Barrier Plan to the
Department of Planning Services, for review and approval.
E. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR12-0065.
2) The attached Development Standards.
3) The plat shall be prepared per Section 23-2-260.D of the Weld
County Code.
2013-0024
PL2199
SPECIAL REVIEW PERMIT (USR12-0065) - BRUCE SANDAU, ROBERT SANDAU, BARTELS
FAMILY LLC, CIO A&W WATER SERVICE, INC.
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4) The approved Lighting Plan.
5) The approved Screening/Sound Barrier Plan
6) County Roads (CR) 40 and 35 are designated on the Weld County
Road Classification Plan as local gravel roads, which require 60
feet of right-of-way at full buildout. The applicant shall verify the
existing rights -of -way and the documents creating the
rights -of -way and this information shall be noted on the plat. All
setbacks shall be measured from the edge of future rights -of -way.
If the rights -of -way cannot be verified, it shall be dedicated. These
roads are maintained by Weld County.
7) Show and label the approved access point on the Plat (will be
provided).
8) Acknowledge the U.S. Highway 85 Access Management Plan.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
three (3) paper copies of the plat for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the paper copies, the
applicant shall submit a Mylar plat, along with all other documentation required
as Conditions of Approval. The Mylar plat shall be recorded in the office of the
Weld County Clerk and Recorder by the Department of Planning Services. The
plat shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. The Mylar plat 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.
3. 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@co.weld.co.us.
2013-0024
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SPECIAL REVIEW PERMIT (USR12-0065) - BRUCE SANDAU, ROBERT SANDAU, BARTELS
FAMILY LLC, C/O A&W WATER SERVICE, INC.
PAGE 6
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 2nd day of January, A.D., 2013.
ATTEST:
Weld County Clerk to the Board
BOARD OF
WELD C <1
O
UNTY COMMISSIONERS
OLORADO
William F. Garcia, Chair
Douglas Had acher, Pro-Tem
ear6D-
r. Conway
4
Date of signatureJAN 3 0 2013
2013-0024
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BRUCE SANDAU, ROBERT SANDAU, BARTELS FAMILY LLC,
C/O A&W WATER SERVICE, INC.
USR12-0065
A Site Specific Development Plan and Use By Special Review, USR12-0065, is for a
Mineral Resource Development Facility, including Oil and Gas Support and Service
(water hauling) in the A (Agricultural) Zone District.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. Written evidence of an adequate water supply shall be provided to the Weld County
Department of Planning Services on, or before, June 30 of each year from the State
Engineers Office, Division of Water Resources. In the event that water is not renewed
for this well #76241-F, all activities pursuant to this USR12-0065 shall be suspended
until such time, as written evidence is provided, that there is an adequate water supply.
4. Hauling hours (truck trips to and from the facility) shall be 24 -hours a day, seven (7)
days a week.
5. No employees will be stationed on the site.
6. There shall be no parking or staging of vehicles on County roadways.
7. The maximum number of proposed trucks utilizing the site is 100 roundtrips per day. If
the number of trucks exceeds this maximum, an amendment to this USR will be
required, the Improvements and Road Maintenance Agreement shall be revised, and
additional improvements will be required to mitigate the additional impact to the haul
route.
8. The historical flow patterns and runoff amounts will be maintained on the site in such a
manner that it will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to runoff rate and velocity increases,
diversions, concentration and/or unplanned ponding of storm runoff.
9. Pursuant to Chapter 15, Articles I and II, of the Weld County Code, if 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. All
vegetation, other than grasses, needs to be maintained at a maximum height of 12
inches until the area is completely developed.
10. 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.
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DEVELOPMENT STANDARDS (USR12-0065) - BRUCE SANDAU, ROBERT SANDAU,
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11. 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.
12. 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 the approved Waste
Handling Plan, at all times.
13. 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.
14. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
15. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times. As employees or contractors are on the site for
less than two (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.
16. 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 to 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.
17. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
18. 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. Neither direct, nor reflected, light from any light source may create a traffic
hazard to operators of motor vehicles on public or private streets and no colored lights
may be used which may be confused with, or construed as, traffic control devices.
19. Effective April 25, 2011, building permits issued on the property will be required to
adhere to the fee structure of the County -Wide Road Impact Fee Program.
20. Effective April 25, 2011, building permits issued on the property will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee
Programs.
2013-0024
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DEVELOPMENT STANDARDS (USR12-0065) - BRUCE SANDAU, ROBERT SANDAU,
BARTELS FAMILY LLC, C/O A&W WATER SERVICE, INC.
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21. 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 plat is ready to be
recorded in the office of the Weld County Clerk and Recorder.
22. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
23. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
24. 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.
25. 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.
26. 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.
27. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the plat and recognized at all times.
2013-0024
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