HomeMy WebLinkAbout20133189.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0043, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY (OILFIELD
SERVICE COMPANY LAYDOWN YARD, OFFICE, AND REPAIR AND
MAINTENANCE SHOP FOR OIL AND GAS EQUIPMENT) IN THE
A (AGRICULTURAL) ZONE DISTRICT - E.L. DODSON
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 20th day
of November, 2013, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of E.L. Dodson, 251 FM 3324, Jacksboro, TX 76458, for a Site Specific
Development Plan and Use by Special Review Permit, USR13-0043, for a Mineral Resource
Development Facility, including an Oil and Gas Support and Service Facility (oilfield service
company laydown yard, office, and repair and maintenance shop for oil and gas equipment) in
the A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lots A and B of Recorded Exemption, RE -4214;
being part of the N1/2 SE1/4 of Section 32,
Township 4 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was 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 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.B of the Weld County Code as follows:
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 nonurban residential, commercial and industrial
uses should be accommodated when the subject site is in an area
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SPECIAL REVIEW PERMIT (USR13-0043) - E.L. DODSON
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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 22-2-20.1 (A.Goal 9) states: "Reduce potential conflicts
between varying land uses in the conversion of traditional
agricultural lands to other land uses."
3) Section 22-2-20.1.3 (A.Policy 9.3) states: "Consider mitigation
techniques to address incompatibility issues. Encourage
techniques and incentives, such as but not limited to clustered
development and building envelopes, to minimize impacts on
surrounding agricultural land."
4) 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." Several Conditions of Approval and Development
Standards are proposed to ensure compatibility with existing
surrounding land uses. The proposed use is similar to an industrial
use. The Industrial Zone District, Chapter 23, Article IV, of the
Weld County Code requires screening of outdoor storage areas
from adjacent properties and rights -of -way. Therefore, a
Screening Plan will also be required to be submitted and approved
prior to recording the plat.
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 Oil and Gas Support and Service facilities 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 site is located
adjacent to cropland to the east, U.S. Highway 85 and the Union Pacific
Railroad to the west, and a rural agricultural lot to the south. A
10,000 -head feedlot (approved under USR-1197) is located
approximately 1,000 feet to the north. The nearest residences are located
approximately 1,000 feet and 1,500 feet to the south of this site. No
phone calls, e -mails or correspondence have been received from
surrounding property owners. Several Conditions of Approval and
Development Standards are proposed to ensure compatibility with
existing surrounding land uses.
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
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provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within the three (3) mile referral areas of
the Towns of Platteville, Milliken and Gilcrest. The site is also located
within the Cooperative Planning (IGA) boundary for the Town of Gilcrest.
The Towns of Milliken and Platteville, in their referral comments received
August 22nd and 24th, 2013, indicated that they have no concerns. The
Town of Gilcrest returned a signed Notice of Inquiry form, with no
comments, attached with the original application submittal. No referral
response has been received from the Town of Gilcrest in regards to this
case.
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 site is identified as "Irrigated Not Prime" and "Prime"
according to the Important Farmlands Map of Weld and Larimer Counties.
Existing building and structures are located on Lot A. Lot B encompasses
4.3 acres.
Section 23-2-230.6.7 -- The proposed Conditions of Approval and
Development Standards will provide 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 E.L. Dodson, for a Site Specific Development
Plan and Use by Special Review Permit, USR13-0043, for a Mineral Resource Development
Facility, including an Oil and Gas Support and Service Facility (oilfield service company laydown
yard, office, and repair and maintenance shop for oil and gas equipment) 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 one (1) or both wells are
appropriately permitted for the commercial use.
B. In the event the applicant intends to utilize the existing septic system at
the home on Lot A of RE -4214, for employee use, the septic system shall
be reviewed by a Colorado Registered Professional Engineer. The review
shall consist of observation of the system and a technical review
describing the system's ability to handle the proposed hydraulic load. The
review shall be submitted to the Environmental Health Services Division
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of the Weld County Department of Public Health and Environment. In the
event the system is found to be inadequately sized or constructed, the
system shall be brought into compliance with current regulations.
C. The applicant 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
applicant may provide evidence from the EPA that they are not subject to
the EPA Class V requirements.
The applicant shall designate the location of the septic systems (existing
and any proposed septic system) on the plat. No vehicle access drives,
vehicle parking or equipment storage shall be located in the area of the
septic system. The septic system must be protected from vehicle traffic.
E. The applicant shall revise the Dust Abatement Plan to include the dust
suppressant to be used to mitigate on -site dust. The revised plan shall be
submitted to the Environmental Health Services Division of the Weld
County Department of Public Health and Environment, for review and
approval.
F. In the event washing of vehicles will occur on the site, the applicant 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
Environmental Protection Agency. Vehicle washing areas should be
designated on the plat.
The applicant shall submit documentation that floor drain wastes from any
vehicle maintenance facility is captured in a watertight vault and hauled
off for proper disposal.
H. The applicant shall submit a Lighting Plan (if onsite lighting is proposed)
to the Department of Planning Services, for review and approval.
I. The applicant shall submit a Screening Plan (to address screening of the
proposed pipe and equipment lay down/storage yard from U.S. Highway
85 and residences to the south of the site) to the Department of Planning
Services, for review and approval.
J. Proper building permits shall be required for any existing building being
used by the business.
K. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0043.
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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) The plat shall delineate the approved Screening Plan.
6) County Road (CR) 29 is designated on the Weld County Road
Classification Plan as a local gravel road, which requires sixty (60)
feet of right-of-way at full buildout. There is presently sixty (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. This road is maintained by Weld County.
7) The applicant shall show the approved access(es) on the plat and
label with the approved access permit number.
8) The applicant shall show the limits of this minimum required water
quality volume on the plat. Label the water quality feature as
"Water Quality Feature, No Build/Storage Area."
9) The applicant shall show drainage flow arrows on the plat.
10) The applicant shall show a 45 -foot turning radius to accommodate
commercial vehicles on the plat.
11) Make reference on the plat to the improvements at U.S. Highway
85 and CR 22, as outlined in the US85 Access Control Plan 1-76 to
CR 80, December 1999.
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
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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. Prior to release of building permits:
A. A Septic Permit will be required for future building additions. The septic
system is required to be designed by a Colorado registered rofessional
engineer, according to the Weld County Individual Sewage Disposal
Regulations. The septic system shall be installed according to the Weld
County Individual Sewage Disposal Regulations.
6. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading
Permit will be required prior to the start of construction.
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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of November, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD C 'TX. COLORADO
Weld County Clerk to the Board
city Attorney
DEC 0 6 2013
Date of signature:
Sean P. Conway
ike Freeman
Barbara
r / tY
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
E.L. DODSON
USR13-0043
1. A Site Specific Development Plan and Use by Special Review Permit, USR13-0043, is
for a Mineral Resource Development Facility including an Oil and Gas Support and
Service Facility (oilfield service company laydown yard, office and repair and
maintenance shop for oil and gas equipment) in the A (Agricultural) Zone District and
subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The operation shall comply with all applicable rules and regulations of local, state and
federal agencies and the Weld County Code.
4. The number of on -site employees shall 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 (I.S.D.S.)
Regulations.
5. The hours of operation shall be 24 hours, 7 days a week.
6. 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.
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. The applicant shall operate in accordance with the approved Waste
Handling Plan, at all times.
9. 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.
10. 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.
11. Any vehicle or equipment washing areas shall capture all effluent and prevent
discharges in accordance with the Rules and Regulations of the Water Quality Control
Commission, and the Environmental Protection Agency.
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12. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
13. 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
I.S.D.S.
14. 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). If not subject to these requirements, the Weld County Department of
Public Health and Environment strongly encourages well users to test their drinking
water prior to consumption and periodically thereafter.
15. All potentially hazardous chemicals must be handled in a safe manner in accordance
with product labeling. All chemicals must be stored secure, on an impervious surface,
and in accordance with manufacturer's recommendations.
16. Any vehicle or equipment washing areas shall capture all effluent and prevent
discharges in accordance with the Rules and Regulations of the Water Quality Control
Commission, and the Environmental Protection Agency.
17. Floor drain wastes from any vehicle maintenance facility shall be captured in a watertight
vault and hauled off for proper disposal. Records of installation, maintenance, and
proper disposal shall be retained.
18. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
19. 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.
20. The screening on the site shall be maintained in accordance with the approved
Screening Plan.
21. 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.
22. The historical flow patterns and runoff amounts will be maintained on the site.
23. Weld County is not responsible for the maintenance of on -site drainage related features.
24. There shall be no parking or staging of vehicles on County roads. On -site parking shall
be utilized.
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25. Building Permits may be required per Section 29-3-10 of the Weld County Code.
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. A
Building Permit Application must be completed and two (2) 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
Colorado engineer shall be required or an Open Hole Inspection.
a. All building permit requirements can be found on the Weld County website.
www. co.weld.co. us/Departments/Build ing Department/Bui lding Perm its/Commercial\
26. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
27. 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.
28. 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.
29. 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.
30. 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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