HomeMy WebLinkAbout20130060RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR12-0066, FOR AN OIL AND GAS SUPPORT FACILITY (VEHICLE
PARKING AND EQUIPMENT STORAGE ASSOCIATED WITH AN OILFIELD
SERVICE FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT - LEWIS AND
SEDONIA HERRERA
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 Lewis and Sedonia Herrera, 3043 Cabin Creek Place, Casper,
Wyoming 82604, for a Site Specific Development Plan and Use by Special Review Permit,
USR12-0066, for an Oil and Gas Support Facility (vehicle parking and equipment storage
associated with an oilfield service facility) in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
N1/2 NW1/4 of Section 26, Township 7 North,
Range 63 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:
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 (A.Goal 7) states: "County land use regulations
should protect the individual property owner's right to request a
land use change."
2) Section 22-2-80.D (I.Goal 4) states: "All new industrial
development should pay its own way." The applicant will be
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SPECIAL REVIEW PERMIT (USR12-0066) - LEWIS AND SEDONIA HERRERA
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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 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." The Screening Plan will
address the parking and storage area from public rights -of -way
and adjacent properties to the southwest. The closest residence
is approximately 400 feet south of the subject property line.
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 an Oil and Gas Support Facility (vehicle parking and
equipment storage associated with an oilfield service facility) 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 seven (7) miles southwest of Briggsdale. Adjacent
properties are mainly utilized for dryland pastures/crops and some
residences. The nearest residence is located approximately 400 feet
south of the southern property line. The Weld County Department of
Planning Services has received concerns from one surrounding property
owner. The concerns, outlined in an email, include noise and the
establishment of a business on the subject property. The attached
Conditions of Approval and Development Standards, including a required
Screening 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.
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
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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.
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 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 will 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 Lewis and Sedonia Herrera, for a Site Specific
Development Plan and Use by Special Review Permit, USR12-0066, for a Mineral Resource
Development facility, including an Oil and Gas Support and Service Facility (vehicle parking,
vehicle and equipment storage associated with an oilfield service facility) 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. Access improvements are required and shall include 60 -foot radiuses to
accommodate turning trucks and tracking control to prevent the tracking
of mud onto the gravel roadway. Standard tracking control for accesses
onto gravel roads includes double cattle guards at the access point.
B. The applicant 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.
C. The applicant shall submit a Screening Plan to the Department of
Planning Services, for review and approval. With approval, the Screening
Plan information shall be graphically delineated on the USR plat.
D. The applicant shall submit a Sign Plan to the Department of Planning
Services, for review and approval. With approval, the sign information
shall be graphically delineated on the USR plat.
E. The applicant shall apply for all applicable building permits.
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F. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR12-0066.
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 Screening Plan, to address the parking of vehicles
and equipment, the outdoor storage of materials including the
trash dumpster associated with this facility, shall be screened.
5) The approved Lighting Plan, as applicable.
6) The approved Signage Plan, as applicable.
7) County Road (CR) 69 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. The applicant 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.
8) The applicant will utilize the existing access to the property.
Additional accesses will not be granted. The applicant shall show
the approved access point on the plat and label it with the Access
Permit number (will be provided).
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
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(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.
BOARD OF COUNTY COMMISSIONERS
WELD Cu. TY •LORADO
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Cler
AP
the Board
--� RM:
ty Attorney
Date of signature: AI�J
William
Douglas
cia
* 1
ademac er, Pro-Tem
P. Conway
Freeman
arbara Kirkmeyer
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LEWIS AND SEDONIA HERRERA
USR12-0066
1. A Site Specific Development Plan and Use by Special Review Permit, USR12-0066, is
for an Oil and Gas Support Facility (vehicle parking and equipment storage associated
with an oilfield service facility) 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 24 hours a day, 7 days a week.
4. The number of employees associated with this facility is limited to five (5) persons, as
stated in the application materials.
5. There are no full-time or part-time employees stationed on the site, according to the
application materials.
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. The
facility shall be operated in accordance with the approved Dust Abatement Plan, at all
times.
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. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times. Portable toilets and bottled water are allowed
when employees or contractors are on site for less than 2 consecutive hours a day.
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.
13. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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14. The maximum number of proposed truck round trips per day is twelve (12). Exceeding
these numbers may require an Improvements and Road Maintenance Agreement.
15. 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.
16. 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
twelve (12) inches until the area is completely developed.
17. 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.
18. 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.
19. 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.
20. 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.
21. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
22. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
23. 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.
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24. 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.
25. 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.
26. 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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