HomeMy WebLinkAbout20130073RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR12-0061, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY (PARKING,
STAGING AND MAINTENANCE OF OIL AND GAS TRUCKS) IN THE
A (AGRICULTURAL) ZONE DISTRICT - RUSSELL JUSTICE AND JULEE
REYNOLDS
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 9th 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 Russell Justice and Julee Reynolds, 24125 County Road 42, LaSalle,
Colorado 80645, for a Site Specific Development Plan and Use by Special Review Permit,
USR12-0061, for a Mineral Resource Development Facility, including an Oil and Gas Support
and Service Facility (parking, staging and maintenance of oil and gas trucks) in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot A of Recorded Exemption, RE -1506; being part
of the SW1/4 of Section 19, Township 4 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicants were present, 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 applicants 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 applicants have
shown compliance with Section 23-2-230.B 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.G (A.Goal 7) states: "County land use regulations
should protect the individual property owner's right to request a
land use change."
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2) Section 22-2-80.D (I.Goal 4) states: "All new industrial
development should pay its own way." The applicants will be
responsible for covering all 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.
3) Section 22-2-100.E (C.Goal 5) states: "Minimize the
incompatibilities that occur between commercial uses and
surrounding properties."
4) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of
agricultural land to non urban 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 Screening Plan will
address the parking and storage area.
B. 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 an
Oil and Gas Support and Service (parking, staging and maintenance of oil
and gas trucks) in the A (Agricultural) Zone District.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The site is located
approximately nine (9) miles east of Gilcrest. Adjacent properties are
mainly utilized for pastures, crops, and rural residences. The nearest
residence is located approximately 500 feet to the west across County
Road (CR) 49. The Weld County Department of Planning Services has
received no comments or concerns from the surrounding property
owners. The attached Conditions of Approval and Development
Standards, including a required Screening Plan and 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 site is not located within three (3) miles of a
municipality.
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
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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.B.6 -- The applicants have 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
"Other" per the 1979 Soil Conservation Service Important Farmlands of
Weld County Map. The proposed USR will not take Prime (Irrigated)
Farmland out of production.
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), Conditions of Approval and Development Standards 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 Russell Justice and Julee Reynolds, for a Site
Specific Development Plan and Use by Special Review Permit, USR12-0061, for a Mineral
Resource Development Facility, including an Oil and Gas Support and Service Facility (parking,
staging and maintenance of oil and gas trucks) 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. The applicants shall enter into an Improvements and Road Maintenance
Agreement According to Policy Regarding Collateral for Improvements
and post adequate collateral for all transportation (access drive, parking
areas, etcetera) and non -transportation (fencing, screening, drainage
etcetera). The agreement and form of collateral shall be reviewed by
County staff and accepted by the Board of County Commissioners prior to
recording the USR plat. The applicants may submit evidence that all the
work has been completed and reviewed by the Departments of Planning
Services and Public Works.
B. The applicants shall submit an Access Permit Application showing the
existing accesses.
C. The applicants shall update the Dust Abatement Plan to include the water
source for mitigating dust if the well is not approved for this purpose.
D. In the event washing of vehicles will occur on the site, the applicants shall
ensure that any vehicle washing area(s) shall capture all effluent and
prevent discharges from the washing of vehicles, in accordance with the
Rules and Regulations of the Water Quality Control Commission, and the
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Environmental Protection Agency. Vehicle washing areas should be
designated on the plat.
E. The Weld County Department of Public Health and Environment was
unable to locate a septic permit for the existing shop/office building. The
following must be addressed for approval of a septic system for the
shop/office building:
a. If the shop is connected to the existing septic system for the
residence (SP -0400180), the existing system must be evaluated
by a Colorado certified professional engineer to determine if it is
adequate for the additional hydraulic load from employee use. If
the existing septic system is adequate, the applicants will be
required to obtain a minor septic permit for the connection from
the shop/office building to the existing septic system. If the septic
system is found to be inadequate for the additional hydraulic load,
the existing system will need to be upgraded to current code, or
the applicants may install a separate septic system for the
shop/office building. A septic repair permit is required to upgrade
the existing system. A septic permit and soils testing will be
required to install a separate septic system for the shop/office
building.
b. If there is a separate, unpermitted septic system for the
shop/office building, it must be evaluated by a Colorado certified
professional engineer. The applicants will be required to submit a
Statement of Existing and obtain a septic permit for the
unpermitted septic system. Soils testing will be required to
evaluate and permit an unpermitted septic system. If the septic
system is found to be inadequate, the system will need to be
upgraded to current code.
F. The applicants shall submit written evidence from the Colorado Division
of Water Resources, demonstrating that the well is appropriately
permitted for the commercial use.
G. The applicants shall submit evidence of an Underground Injection Control
(UIC) Class V Injection Well permit from the Environmental Protection
Agency (EPA) for any large -capacity septic system (a septic system with
the capacity to serve 20 or more persons per day). Alternately, the
applicants may provide evidence from the EPA that they are not subject
to the EPA Class V requirements.
H. The applicants shall ensure that floor drain wastes from any vehicle
maintenance facility is captured in a watertight vault and hauled off for
proper disposal. The vault shall be designated on the plat.
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The applicants shall submit a Lighting Plan to the Department of Planning
Services, for review and approval. With approval, the Lighting Plan
information shall be graphically delineated on the USR plat.
J. The applicants shall submit a Landscaping/Screening Plan to the
Department of Planning Services, for review and approval. The parking
area for the vehicles and equipment, the outdoor storage of materials,
and the trash dumpster associated with this facility shall be screened.
With approval, the Screening Plan information shall be graphically
delineated on the USR plat.
K. If a sign is proposed, the applicants shall submit a detailed Signage Plan
to the Department of Planning Services, including location and size.
Signs shall be in compliance with Chapter 23, Article IV, Division II and
Appendices 23-C, 23-D and 23-E of the Weld County Code.
L. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR12-0061.
2) The attached Development Standards.
3) The plat shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) The approved Landscaping/Screening Plan.
5) The approved location of the proposed lighting and signs.
6) CR 49 is designated on the Weld County Road Classification Plan
as an arterial road, which requires 140 feet of right-of-way at full
buildout. The applicants 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.
7) The applicants shall show the approved access point(s) on the
plat and label it with the approved Access Permit number (will be
provided).
8) The applicants shall label the turning radiuses into the site. A
minimum of 45 -foot radiuses are required to allow trucks or RVs
with trailers to turn.
9) The applicants shall show the vault on the plat.
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2. Upon completion of Condition of Approval #1 above, the applicants 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
applicants 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 eighty (180) days from the date of the Board of
County Commissioners Resolution. The applicants 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of January, A.D., 2013.
ATTEST:
Weld County Clerk to the Board
BY:
APPR
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FOR
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my Attorney
Date of signature:
BOARD OF COUNTY COMMISSIONERS
WELD CO,TY, COLORADO
WiWilli Garcia, Chair
uglas ademache , Pro-Tem
can P. Conway
ike Freeman
c -B rbara Kirkmeyer
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RUSSELL JUSTICE AND JULEE REYNOLDS
USR12-0061
1. A Site Specific Development Plan and Use by Special Review Permit, USR12-0061, is
for a Mineral Resource Development Facility, including an Oil and Gas Support and
Service Facility (parking, staging and maintenance of oil and gas trucks) 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. Hours of operation shall be twenty-four hours a day, seven days a week.
The maximum number of employees associated with this facility shall be thirty-five (35);
thirty (30) drivers on -site, less than four (4) hours a day, and five (5) full-time
support/maintenance employees. The number of on -site employees shall be
commensurate with the number of persons which the septic system may accommodate,
in accordance with the requirements of the Weld County Code, pertaining to Individual
Sewage Disposal Systems.
5. All signs shall be in compliance with Chapter 23, Article IV, Division II and Appendices
23-C, 23-D and 23-E of the Weld County Code.
6. The landscaping, screening, sign(s), and parking on the site shall be maintained in
accordance with the approved Landscape/Screening/Sign Plans.
7. 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 applicants/landowners shall be responsible for controlling the noxious weeds. All
vegetation, other than grasses, needs to be maintained at a maximum height of twelve
(12) inches until the area is completely developed.
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. Weld County is not responsible for the maintenance of drainage related features.
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.
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.
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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.
13. The applicants shall operate in accordance with the approved Waste Handling Plan, at
all times.
14. Any vehicle washing area(s) shall capture all effluent and prevent discharges from the
washing of vehicles, in accordance with the Rules and Regulations of the Water Quality
Control Commission, and the Environmental Protection Agency.
15. 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.
16. This facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone District, as delineated in Section 14-9-30 of the Weld County Code.
17. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
18. Sewage disposal for the facility shall be by septic system. Any septic system located on
the property must comply with all provisions of the Weld County Code, pertaining to
Individual Sewage Disposal Systems (I.S.D.S.).
19. In the event the facility's water system serves more than 25 persons on a daily basis, the
water system shall comply with the Colorado Primary Drinking Water Regulations
(5 CCR 1003-1). Evidence shall be provided to the Weld County Department of Public
Health and Environment that the system complies with the Regulations.
20. All potentially hazardous chemicals must be handled in a safe manner in accordance
with product labeling and in a manner that minimizes the release of hazardous air
pollutants (HAP's) and volatile organic compounds (VOC's). All chemicals must be
stored secure, on an impervious surface, and in accordance with manufacturer's
recommendations.
21. Processed wastewater (such as floor drain wastes) shall be captured in a watertight
vault and hauled off for proper disposal. Records of installation, maintenance, and
proper disposal shall be retained.
22. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
23. This application is proposing a well as its source of water. The applicants shall be made
aware that while they may be able to obtain a well permit from the Office of the State
Engineer, Division of Water Resources, the quantity of water available for usage may be
limited to specific uses, i.e. domestic use only, etc.
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24. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties. 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.
25. 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.
26. 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.
27. 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.
28. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
29. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
30. 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.
31. 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.
32. 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.
33. 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.
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