HomeMy WebLinkAbout20130368.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR12-0071, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES,
INCLUDING OIL AND GAS SUPPORT AND SERVICE (BUNKER STORAGE OF
EXPLOSIVES UTILIZED IN THE PERFORATION OF WELL CASINGS OF OIL AND
GAS WELLS) IN THE A (AGRICULTURAL) ZONE DISTRICT - RC LAND,
INC./SOAR'NV, LLC, C/O NICK VARRA
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 13th day
of February, 2013, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of RC Land Inc., 13415 County Road 88, Pierce, Colorado 80650, and
Soar'NV, LLC, c/o Nick Varra, 48645 County Road 29, Nunn, Colorado 80648, for a Site
Specific Development Plan and Use by Special Review Permit, USR12-0071, for Mineral
Resource Development Facilities, including Oil and Gas Support and Service (bunker storage of
explosives utilized in the perforation of well casings of oil and gas wells) in the A (Agricultural)
Zone District, on the following described real estate, being more particularly described as
follows:
Subdivision Exemption, SUBX12-0026; being part
of the S1/2 of Section 29, Township 9 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present and represented by Nick Varra,
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 23-2-230.8 of the Weld County Code as follows:
A. Section 23-2-230.8.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
2013-0368
PL2205
SPECIAL REVIEW PERMIT (USR12-0071) - RC LAND, INC./SOAR'NV, LLC, CIO NICK
VARRA
PAGE 2
1) 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."
2) Section 22-5-100.A.2 (OG.Policy 1.2) states: "Oil and gas support
facilities which do not rely on geology for locations should locate in
commercial and industrial areas, when possible, and should be
subject to review in accordance with the appropriate sections of
this Code." The proposed bunker storage facility will store
explosives to be utilized in the perforation of well casings of oil
and gas wells. The proposed bunker storage area will be located
on an approximately two (2) acre site in the interior of an existing
vacant parcel and will generate approximately four (4) vehicle trips
per day. The nearest residences are located approximately 2,000
feet to the southwest and 2,500 feet to the southeast of the site.
Per the Bureau of Alcohol, Tobacco and Firearms (BATF), the
bunkers are required to be located a minimum of 1,600 feet from
the nearest occupied structures. The impacts of the use to the
surrounding area will be minimal.
B. Section 23-2-230.B.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, including Oil
and Gas Support and Service (bunker storage of explosives utilized in the
perforation of well casings of oil and gas wells) in the A (Agricultural)
Zone District.
C. Section 23-2-230.8.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The proposed bunker
storage area will be located on an approximately two (2) acre site in the
interior of an existing vacant parcel and will generate approximately
four (4) vehicle trips per day, to and from the site, for pick up and/or
storage of materials. The nearest residence is located approximately
2,000 feet to the southwest of the site. Per the BATF, the bunkers are
required to be located a minimum of 1,600 feet from the nearest occupied
structures. The impacts of the use to the surrounding area will be minimal
given the location and minimal traffic generated by this use.
D. Section 23-2-230.B.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
2013-0368
PL2205
SPECIAL REVIEW PERMIT (USR12-0071) - RC LAND, INC./SOAR'NV, LLC, C/O NICK
VARRA
PAGE 3
the Town of Nunn. The parcel that the USR is proposed to be located on
borders the Town of Nunn to the south and west. The Town of Nunn, in
the referral comments dated November 19, 2012, stated no concerns.
E. Section 23-2-230.B.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.B.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The proposed site is located on land designated as "High
Potential Dry Cropland/Prime If They Become Irrigated" according to the
Important Farmlands Map of Weld and Larimer Counties. The proposed
USR site will encumber a total of two (2) acres of a larger parcel.
G. Section 23-2-230.6.7 — Conditions of Approval and Development
Standards will ensure adequate provisions for the protection of the health,
safety and welfare of the inhabitants of the neighborhood and the county.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of RC Land, Inc./Soar'NV, LLC, c/o Nick Varra, for
a Site Specific Development Plan and Use by Special Review Permit, USR12-0071, for Mineral
Resource Development Facilities, including Oil and Gas Support and Service (bunker storage of
explosives utilized in the perforation of well casings of oil and gas wells) 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 applicant shall submit evidence of an Explosives Permit from the
Colorado Department of Labor and Employment, Oil and Public Safety
Division (7 C.C.R. 1101-9) and from the Bureau of Alcohol, Tobacco and
Firearms, Federal Explosives Licensing Center (18 U.S.C. Chapter 40,
Explosives). Alternately, the applicant may provide evidence from the
Division that they are not subject to these requirements.
B. The applicant shall submit a list of the explosives and quantities being
stored at the facility.
C. An executed lease agreement between Nick Varra — Soar'NV, LLC, and
RC Land, Inc., shall be provided to the Department of Planning Services.
2013-0368
PL2205
SPECIAL REVIEW PERMIT (USR12-0071) - RC LAND, INC./SOAR'NV, LLC, CIO NICK
VARRA
PAGE 4
D. An executed lease agreement between Nick Varra — Soar'NV, LLC, and
GEODynamics shall be provided to the Department of Planning Services.
E. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR12-0071.
2) The attached Development Standards.
3) The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
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. Areas used for storage or trash collection
shall be screened from adjacent properties and public
rights -of -way. These areas shall be designed and used in a
manner that will prevent trash from being scattered by wind or
animals.
5) County Road (CR) 100 is designated on the Weld County Road
Classification Plan as a collector road, which requires 80 feet of
right-of-way at full buildout. The applicant shall verify and
delineate on the plat the existing right-of-way and the documents
creating the right-of-way. 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.
6. The applicant shall show the access on the plat and label it with
the approved Access Permit number (will be provided). The
access shall be constructed with adequate turning radiuses
(45 -foot minimum) of an all-weather material to prevent tracking
onto the County roadway.
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.
2013-0368
PL2205
SPECIAL REVIEW PERMIT (USR12-0071) - RC LAND, INC./SOAR'NV, LLC, CIO NICK
VARRA
PAGE 5
3. In accordance with Weld County Code Ordinance #2012-3, approved
April 20, 2012, should the plat 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 be added for each
additional three (3) month period.
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@co.weld.co.us.
5. Prior to Release of Building Permits:
a. A building permit will be required for the explosive bunker. All site
improvements will be required to follow all applicable BATF regulations.
A Building Permit Application must be completed and two (2) complete
sets of Engineered Plans, including Engineered Foundation 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.
b. Buildings and structures shall conform to the requirements of the various
codes adopted at the time of permit application. Currently, the following
have been adopted by Weld County: 2012 International Building Code,
2012 International Mechanical Code, 2012 International Plumbing Code,
2006 International Energy Code, 2012 International Fuel Gas Code, 2011
National Electrical Code, 2003 ANSI 117.1 Accessibility Code, and
Chapter 29 of the Weld County Code.
c. A plan review shall be approved and a permit must be issued prior to the
start of construction.
6. Prior to Construction:
a. In the event that one (1) or more acres are disturbed during the
construction and development of this site, the applicant shall obtain a
Stormwater Discharge Permit from the Water Quality Control Division of
the Colorado Department of Public Health and Environment (CDPHE).
b. If more than one (1) acre is to be disturbed, a grading permit will be
required prior to the start of construction. The Grading Permit Application
must contain an Erosion and Sediment Control Plan, a Grading Plan,
installation details of all Best Management Practices (BMPs) to be
2013-0368
PL2205
SPECIAL REVIEW PERMIT (USR12-0071) - RC LAND, INC./SOAR'NV, LLC, C/O NICK
VARRA
PAGE 6
utilized, typical installation and maintenance notes for all BMPs to be
utilized, and a copy of the approved CDPHE Stormwater Permit.
7. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of February, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COUI4JX, COLORADO
ATTEST'
Weld County Clerk to the Board
BY
APP
l
Date of signatureMAR 1 2 2013
IliamuK Garcia, Chair
0-ci (14-O
Dougla Rade cher, Pro-Tem
Depu y Cler t• the Bo- �
V•s,
p,.
Attorney
can P. Conway
arbara Kirkmey
r
2013-0368
PL2205
PL2205
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RC LAND, INC./SOAR'NV, LLC, C/O NICK VARRA
USR12-0071
1. A Site Specific Development Plan and Use by Special Review Permit, USR12-0071, is
for Mineral Resource Development Facilities, including Oil and Gas Support and Service
(bunker storage of explosives utilized in the perforation of well casings of oil and gas
wells) 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. The amount of explosives to be stored on the site shall not exceed 7,000 pounds.
4. A list of explosives and quantities shall be provided to the Weld County Sheriff's Office,
Nunn Fire Protection District, Nunn Police Department, and Office of Emergency
Management. This list shall be updated if, and when, there are any changes to the type
and/or amounts of explosives stored on the site.
5. The application indicates that the USR site is being leased for a total of five (5) years
with an option for another five (5) years. In the event that the lease is not renewed or
further extended, all activities related to USR12-0071 shall be suspended.
6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, 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.
7. 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.
8. 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.
9. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
11. 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.
12. The operation shall comply with the Colorado Department of Labor and Employment,
Division of Oil and Public Safety Explosive Regulations (7 C.C.R. 1101-9), as well as
Federal Bureau of Alcohol, Tobacco and Firearms (BATF) regulations.
2013-0368
PL2205
DEVELOPMENT STANDARDS (USR12-0071) - RC LAND, INC./SOAR'NV, LLC, CIO NICK
VARRA
PAGE 2
The operation shall comply with all applicable rules and regulations of state
agencies and the Weld County Code.
Building permits issued on the property will be required to adhere to the fee
the County -Wide Road Impact Fee Program.
Building permits issued on the property will be required to adhere to the fee
the County Facility Fee and Drainage Impact Fee Programs.
The property owner or operator shall be responsible for complying with
Standards of Section 23-2-240 of the Weld County Code.
and federal
structure of
structure of
the Design
The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
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.
19. 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.
20. 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.
21. 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.
22. Weld County is not responsible for the maintenance of drainage related features.
23. In the event that one (1) or more acres are disturbed during the construction and
development of this site, the applicant shall obtain a stormwater discharge permit from
the Water Quality Control Division of the Colorado Department of Public Health and
Environment.
24. If more than one (1) acre is to be disturbed, a grading permit will be required prior to the
start of construction. The Grading Permit Application must contain an Erosion and
2013-0368
PL2205
DEVELOPMENT STANDARDS (USR12-0071) - RC LAND, INC./SOAR'NV, LLC, C/O NICK
VARRA
PAGE 3
Sediment Control Plan, a Grading Plan, installation details of all Best Management
Practices (BMPs) to be utilized, typical installation and maintenance notes for all BMPs
to be utilized, and a copy of the approved CDPHE stormwater permit.
25. A building permit will be required for the explosive bunker. All site improvements will be
required to follow all applicable Bureau of Alcohol, Tobacco and Firearms (BATF)
regulations. A Building Permit Application must be completed and two (2) complete sets
of Engineered Plans, including Engineered Foundation 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.
26. Buildings and structures shall conform to the requirements of the various codes adopted
at the time of permit application. Currently, the following have been adopted by Weld
County: 2012 International Building Code, 2012 International Mechanical Code, 2012
International Plumbing Code, 2006 International Energy Code, 2012 International Fuel
Gas Code, 2011 National Electrical Code, 2003 ANSI 117.1 Accessibility Code and
Chapter 29 of the Weld County Code.
27. 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.
28. 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.
29. 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.
2013-0368
PL2205
Hello