HomeMy WebLinkAbout20132589.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY S
PERMIT, USR13-0030, FOR RESOURCE DEVELOPMENT FACILITIE
AN OIL AND GAS SUPPORT AND SERVICE F CILITY (WATER DE
A (AGRICULTURAL) ZONE DISTRICT - 70 RAN UNITED
SANITATION DISTRICT
WHEREAS, the Board of County Commis
Colorado statute and the Weld County Horn
administering the affairs of Weld County, Col
WHEREAS, the Board of County mission
September, 2013, at the hour of 10:00 ., in the Cha
hearing the application of 70 Ranch, LLC, c/o United W
Prentice Avenue, Suite 100, G -enwood Village, CO 8
Plan and Use by Special Rev
including an Oil and Gas Sup
District, on the following descr
held a public he
•ers of the B.
a and Sani
011 ora
w Permit, USR13-0030, for R
rt and Service Facility (water dep
ed real estate, being more partic
Colorado, pursuant to
ith the authority of
ng on the 4th day of
d, for the purpose of
ion District, 8301 East
e Specific Development
e Development Facilities,
in the A (Agricultural) Zone
rly described as follows:
All bloc aka Lots C and D adjacent Davies
Avenue d adjacent Alley — L1 to L9, block 5 and
adjacent astle Avenue and adjacent ley — L1 to
L15, blo• 4 and adjacent Castle venue and
adjacent I vies Avenue and adjace Alley; being
part of -ction 34, Townsh' 5 North,
Range 63 W of the 6th P.M., eld County,
Colorado
WHER S, at said heari
Board deemed i dvisable to
Commis •n conti ance, an•
HEREAS, at
Drew amiano, and
tinue the
endation of Planning Services staff, the
tter to September 18, 2013, due to a Planning
hearing on Septe er 18, 2013, the applicant was represented by
WHEREAS, Section 23-2-230 of the
sa' , - by Speci. Review Permit, and
WH
ents of
County
d, having
eld County Code provides standards for review of
, the Board of ounty Commissioners heard all of the testimony and
e present, stud' d the request of the applicant and the recommendation of
nning Com ssion and all of the exhibits and evidence presented in this
b- fully inf med, finds that this request shall be approved for the following
The submitte• materials are in compliance with the application requirements of
-260 of the Weld County Code.
It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
C CAI Pt, flti RullApt
ioln
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A. Section 23-2-230.B.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.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."
2) Section 22-2-80.C (I.Goal 3) states: "Consider how transportation
infrastructure is affected by the impacts of new or expanding
industrial developments."
3) Section 22-2-80.D (I.Goal 4) states: "All new industrial
development should pay its own way."
a) I.Policy 4.1 states: "New development should pay for the
additional costs associated with those services directly
impacted by the new industrial development." The
proposed facility is located approximately 500 feet from the
nearest residence to the northwest of the site. All of the
nearest residences are located to the northeast of the site.
There are a number of Conditions of Approval and
Development Standards to mitigate and minimize the
impacts of the facility. The Department of Planning
Services is requiring a Lighting Plan; the Department of
Environmental Health is requiring a Development Standard
that requires the applicant to adhere to the non -specified
noise standard (55 decibels from 7:00 AM to 9:00 PM and
50 decibels from 9:00 PM to 7:00 AM), and an Off -site
Road Maintenance and Improvements Agreement is being
required by the Department of Public Works to address
road maintenance, road damage caused by the operation
and road improvements.
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 of the Weld County
Code allows Mineral Resource Development Facilities, including an Oil
and Gas Support and Service Facility (water depots) as a Use by Special
Review 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 proposed facility
is located approximately 500 feet from the nearest residence to the
northwest of the site. All of the nearest residences are located to the
northeast of the site. County Road (CR) 50 accesses CR 380 to the east
of the proposed water depot and CR 380/CR 69 access onto State
Highway 34, approximately two (2) miles from the site. There is one (1)
single family residence located approximately 1.5 miles to the east of the
water depot site off of CR 69. There are a number of Conditions of
Approval and Development Standards to mitigate and minimize the
2013-2589
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impacts of the facility. The Department of Planning Services is requiring a
Lighting Plan; the Department of Environmental Health is requiring a
Development Standard that requires the applicant to adhere to the
non -specified noise standard (55 decibels from 7:00 AM to 9:00 PM and
50 decibels from 9:00 PM to 7:00 AM), and an Off -site Road Maintenance
and Improvements Agreement is being required by the Department of
Public Works to address road maintenance, road damage caused by the
operation and road improvements.
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 proposed facility is located on an undeveloped parcel
within a platted townsite (Townsite of Hardin). The site is not located
within a three (3) mile referral area of any municipality, nor is it located
within any existing Intergovernmental Agreement (IGA) Area of a
municipality.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. Building Permits issued on the lot
will be required to adhere to the fee structure of the County -Wide Road
Impact Fee, 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 USR property designated as "Other"
according to the Prime and Important Farmlands Map of Weld and
Larimer Counties.
G. Section 23-2-230.6.7 — There is adequate provisions for the protection of
the health, safety, and welfare of the inhabitants of the neighborhood and
County. The attached Conditions of Approval and Development
Standards are adequate to ensure 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 70 Ranch, LLC, c/o United Water and Sanitation
District, for a Site Specific Development Plan and Use by Special Review Permit, USR13-0030,
for Resource Development Facilities, including an Oil and Gas Support and Service Facility
(water depot) 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 written evidence from the Colorado Division of
Water Resources, demonstrating that a well has been appropriately
permitted for the proposed use.
B. Submit an Access Permit Application for the two (2) proposed accesses
to the site.
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SPECIAL REVIEW PERMIT (USR13-0030) - 70 RANCH, LLC, C/O UNITED WATER AND
SANITATION DISTRICT
PAGE 4
C. An Improvements and Road Maintenance Agreement is required for this
site. The triggers for off -site roadway improvements agreed to by the
applicant in the application will be included in the agreement.
D. The applicant shall submit a Dust Abatement Plan, detailing on -site dust
control measures, for review and approval, to the Environmental Health
Services division of the Weld County Department of Public Health and
Environment.
E. The applicant shall submit a revised Waste Handling Plan, for approval,
to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. The plan shall include at
a minimum, the following:
1) A list of wastes which are expected to be generated on -site (this
should include expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored
on -site.
3) The waste handler and facility where the waste will be disposed of
(including the facility name, address, and phone number).
F. The applicant shall submit a Lighting Plan to the Department of Planning
Services, for review and approval.
G. The applicant shall submit a reclamation plan detailing how the site will be
reclaimed in the event the use is abandoned.
H. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0030.
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) CR 380 is designated on the Weld County Road Classification
Plan as a local gravel road, which requires 60 feet of right-of-way
at full buildout. There is currently 60 -feet of right-of-way. 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. These
roads are maintained by Weld County.
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SPECIAL REVIEW PERMIT (USR13-0030) - 70 RANCH, LLC, 0/O UNITED WATER AND
SANITATION DISTRICT
PAGE 5
5) Show and label the approved access points on the Plat (will be
provided).
6) Label the floodplain on the plat with the FEMA (Federal
Emergency Management Agency) Flood Zone and FEMA Map
Panel Number.
7) Delineate the approved Lighting Plan.
I. The applicant shall attempt to address any requirements that CDOT may
have regarding impacts to U.S. Highway 34.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version (.pdf), or three (3) paper copies, of the plat to the Weld
County Department of Planning Services for preliminary approval. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the
Weld County Code. Upon approval of the plat, the applicant shall submit a Mylar
plat, along with all other documentation required as Conditions of Approval. 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 Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The applicant shall
be responsible for paying the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved
April 30, 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 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. 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 or
until/if an early release of building permit agreement is approved.
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SPECIAL REVIEW PERMIT (USR13-0030) - 70 RANCH, LLC, CIO UNITED WATER AND
SANITATION DISTRICT
PAGE 6
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of September, A.D., 2013.
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Cle
AP
,County Attorney
Date of signature:CT 0 9 2013
BOARD OF COUNTY COMMISSIONERS
WELD Y, COLORADO
William F. Garcia, Chair
arbara Kirkme
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
70 RANCH, LLC, C/O UNITED WATER AND SANITATION DISTRICT
US R13-0030
1. A Site Specific Development Plan and Use by Special Review Permit, USR13-0030, is
for Mineral Resource Development Facilities, including an Oil and Gas Support and
Service Facility (water depot) 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 hours of operation shall be 24 hours a day, 365 days a year.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
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DEVELOPMENT STANDARDS (USR13-0030) - 70 RANCH, LLC, C/O UNITED WATER AND
SANITATION DISTRICT
PAGE 2
11. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
12. 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.
13. The lighting on the site shall be maintained in accordance with the approved Lighting
Plan.
14. 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.
15. The historical flow patterns and runoff amounts will be maintained on the site.
16. There shall be no parking or staging of vehicles on County Road (CR) 380.
17. The maximum number of proposed trucks utilizing the site is 75 roundtrips per day. If the
number of trucks exceeds this maximum, the Improvements and Road Maintenance
Agreement may be revised and additional improvements may be required to mitigate the
additional impact to the haul route.
18. WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY
DESIGNATION. Please be advised that owners of Parcel #096534304028 may not be
able to obtain building permits to construct non-agricultural structures. All construction
or improvements occurring in the floodplain, as delineated on Federal Emergency
Management Agency (FEMA) FIRM Community Panel Map #080266 0800C dated
September 28, 1982, shall comply with the Flood Hazard Overlay District requirements
of Chapter 23, Article V, Division 3, of the Weld County Code and all applicable FEMA
regulations and requirements as described in 44 CFR parts 59, 60, and 65.
19. Flood hazard development permits will be required for development activities located
within the FEMA mapped South Platte River Floodplain. The FEMA definition of
development is any man-made change to improved or unimproved real estate, including
by not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation, drilling operations, or storage of equipment and materials.
20. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start
of any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified.
21. Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
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DEVELOPMENT STANDARDS (USR13-0030) - 70 RANCH, LLC, CIO UNITED WATER AND
SANITATION DISTRICT
PAGE 3
22. Building Permits issued on the lot will be required to adhere to the fee structure of the
County Facility Fee and Drainage Impact Fee Programs.
23. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
24. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
25. 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.
26. 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.
27. 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.
28. 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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