HomeMy WebLinkAbout20123559.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR12-0054, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY (PARKING,
STAGING, AND MAINTENANCE OF OIL AND GAS WATER SERVICE TRUCKS) IN
THE A (AGRICULTURAL) ZONE DISTRICT— RANDE AND GILBERT BERNAL
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 19th day
of December, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Rande and Gilbert Bernal, 23466 County Road 55, Kersey, Colorado
80644, for a Site Specific Development Plan and Use by Special Review Permit, USR12-0054,
for a Mineral Resource Development Facility, including an Oil and Gas Support and Service
Facility (parking, staging, and maintenance of oil and gas water service trucks) in the A
(Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot C of Recorded Exemption, RE-4461; being part
of the SW1/4 of Section 3, Township 4 North,
Range 64 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 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.G.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 CC
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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 22-2-100. 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 use is on the eastern end of the
property approximately 800 feet from County Road (CR) 55. The
applicant will be required to submit a Lighting Plan and noise limits
will adequately address impacts and ensure compatibility with the
surrounding area
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 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 driveway is
located approximately 400 feet south and the shop/parking area is
located approximately 850 feet from the nearest residence. Other
residences are located approximately 1/2 mile to the south and southeast
of the site. An existing dairy is located approximately 1/4 mile to the
northwest. Agricultural land is located to the west and east of the site.
No phone calls, e-mails or correspondence has been received from
surrounding property owners. Several Conditions of Approval and
Development Standards are included (such as requiring the applicant to
adhere to county noise requirements and submitting a Lighting Plan for
review and approval, etc.) 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
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. This site is located within the three-mile referral area of the
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Town of Kersey, which indicated no conflict with its interests, in the
referral response received September 6, 2012.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. This site is not located within a
floodplain or overlay district. The existing site is within 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-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 23-2-230.6.6 -- 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 "Prime" according to the Prime
and Important Farmlands Map of Weld and Larimer Counties. The
existing buildings and parking encompass a small portion of the property.
G. Section 23-2-230.6.7 — The attached 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 Rande and Gilbert Bernal, for a Site Specific
Development Plan and Use by Special Review Permit, USR12-0054, for a Mineral Resource
Development Facility, including an Oil and Gas Support and Service Facility (parking, staging,
and maintenance of oil and gas water service 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 plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR12-0054.
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 55 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 presently 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
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cannot be verified, it shall be dedicated. This road is maintained
by Weld County.
5) The plat shall delineate the approved Lighting Plan. The applicant
shall demonstrate that the proposed lighting will be downcast and
will not shine onto adjacent properties and road rights-of-way.
6) The applicant shall show the existing access point on the plat and
label it with the Access Permit Number (will be provided).
7) Show adequate (minimum 60-foot) radiuses at the access point
along with a double cattle guard for tracking control.
B. The applicant shall address the requirements of the Weld County
Department of Public Works, as stated in the referral response dated
September 7, 2012:
1) An Improvements and Road Maintenance Agreement is required
for this site. Public Works will provide a draft of the agreement
after the Board of County Commissioners hearing for this project.
C. The applicant shall submit written evidence from the Colorado Division of
Water Resources, demonstrating that the well is appropriately permitted
for the commercial use, as stated in the referral dated August 14, 2012.
Alternately, the applicant may provide evidence that water service has
been obtained from the Central Weld County Water District.
D. The applicant shall address the requirements of the Department of
Building Inspection, as stated in the referral dated August 17, 2012.
Building permits shall be obtained for the change of use for existing
buildings on the site to be used in conjunction with the proposed
business.
E. The applicant shall submit manufacturer specifications on the proposed
used oil heater to the Environmental Health Services Division of the Weld
County Department of Public Health and Environment. (condition was
met 11/6/12)
F. In the event washing of vehicles will occur on 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.
G. An Individual Sewage Disposal System (I.S.D.S.) is required for the
proposed facility and shall be installed according to the Weld County
I.S.D.S. Regulations. The septic system is required to be designed by a
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Colorado registered engineer, according to the Weld County I.S.D.S.
Regulations.
H. 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 submit evidence of an Aboveground Storage Tank
Permit from the Colorado Department of Labor and Employment
(CDL&E), Oil Inspection Section, for any aboveground storage tanks
located on the site. Alternately, the applicant may provide evidence from
the (CDL&E), Oil Inspection Section, that they are not subject to these
requirements.
J. A signed copy of the Spill Prevention, Control and Countermeasure Plan
shall be provided to the Environmental Health Services Division of the
Weld County Department of Public Health and Environment, in
accordance with Section 3-6-1 of the Colorado Department of Labor and
Employment Division of Oil and Public Safety Storage Tank Regulations
(7 C.C.R. 1101-14) as well as EPA regulations (40 CFR Part 112).
K. The applicant shall submit a containment plan for the fuel storage area to
include capacity of containment area and the construction material (e.g.
concrete).
L. The Waste Handling Plan needs to be revised to include the telephone
numbers and addresses of the waste handlers and disposal or recycling
facilities. If tires are changed in the shop, include the name, address and
phone number where tires are disposed or recycled. (Condition has
been satisfied)
M. If there are floor drains in the maintenance shop, the applicant shall
submit documentation that floor drain waste is captured in a watertight
vault and hauled off for proper disposal. The applicant shall include the
name, address and phone number of the waste hauler and disposal
facility. (Condition has been satisfied)
N. If exterior lighting is proposed, the applicant shall submit a Lighting Plan
to the Department of Planning Services, for review and approval.
O. The applicant shall submit a Sign Plan to the Department of Planning
Services, for all Facility identification signs (if any), including location and
size. The maximum allowed size for freestanding signs in the
A (Agricultural) Zone District is 16 square feet.
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P. The applicant shall either submit to the Weld County Department of
Planning Services a copy of an agreement with the properties mineral
owners/operators (Noble Energy) stipulating that the oil and gas activities
have adequately been incorporated into the design of the site, or show
evidence that an adequate attempt has been made to mitigate the
concerns of the mineral owners.
Q. 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.
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. 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 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. 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.
6. Prior to Release of Building Permits:
A. A building permit may be required for the future office and shop structure
and any new construction, alteration, or addition to any buildings or
structures on the property. It is recommended that a code analysis be
done on the project by a design professional with experience in this area.
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B. 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.
C. 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: 2006 International Building Code,
2006 International Mechanical Code, 2006 International Plumbing Code,
2006 International Energy Code, 2006 International Fuel Gas Code, 2011
National Electrical Code, 2003 ANSI 117.1 Accessibility Code and
Chapter 29 of the Weld County Code.
D. A plan review shall be approved and a permit must be issued prior to the
start of construction.
E. The applicant shall submit evidence of approval from the Platte Valley
Fire Protection District to the Weld County Department of Building
Inspection.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of December, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: a. iaL.....O2Kjea._ P
Sean P. onway, Chair
Weld County Clerk to the Board
( ' illiam F. Garcia, Pro-Tem
BY: )� K ��
Deputy Cle o the Board C Ltik L�/�,
,liar ara Kirkmeyer
AWED FORM: ,2 t A C Ceti
David o g
ounty Attorney, 2 1 2013 JAN Dbugla Rademac r
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RANDE AND GILBERT BERNAL
USR12-0054
1. A Site Specific Development Plan and Use by Special Review Permit, USR12-0054, is
for a Mineral Resource Development Facility, including an Oil and Gas Support and
Service Facility (parking, staging and maintenance of oil and gas water service trucks) 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 number of employees shall be limited to thirty-seven (37).
4. The facility operates twenty-four (24) hours a day, seven (7) days a week, per the
application materials.
5. 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.
6. 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.
7. 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.
8. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
9. The applicant shall comply with all provisions of the State Underground and Above
Ground Storage Tank Regulations.
10. In accordance with the Underground and Aboveground Storage Tank Regulations
(7 CCR 1101-14), a spillage retention berm shall be constructed around the
aboveground fuel tanks. The volume retained by the spillage berm should be greater
than the volume of the largest tank inside the berm. Alternative protective measures
may be allowed provided they comply with the Aboveground Storage Tank Regulations.
11. 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.
12. 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.
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13. 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.
14. 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.
15. Adequate hand washing and toilet facilities shall be provided for employees and patrons
of the facility, at all times.
16. 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.).
17. This application is proposing a well(s) as its source of water. The applicant should 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. Alternately, the applicant may provide evidence that
water service has been obtained from the Central Weld County Water District.
18. Process 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 and available for review upon request.
19. The Spill Prevention, Control and Countermeasure Plan shall be available on the site, at
all times.
20. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
21. 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).
22. The structures proposed to have changed uses will require a commercial building permit
for change of use. A code analysis, floor plan and complete set of plans for any
alteration and a structural analysis may be required by a professional engineer.
23. A building permit may be required for any new construction, alteration, or addition to any
buildings or structures on the property. It is required that a code analysis be done on the
project by a design professional with experience in this area. 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.
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24. 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.
25. A plan review shall be approved and a permit must be issued prior to the start of
construction.
26. Prior to the release of a building permit, the applicant shall submit evidence of approval
from the Platte Valley Fire Protection District to the Weld County Department of Building
Inspection.
27. If more than one (1) acre is to be disturbed, a grading permit will be required prior to the
start of construction. A Grading Permit Application must contain an Erosion and
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 Colorado Department of Public Health and
Environment (CDPHE) Stormwater Permit.
28. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
29. 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 Program.
30. 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.
31. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
32. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
33. 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.
34. 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
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vegetation, other than grasses, needs to be maintained at a maximum height of 12
inches until the area is completely developed.
35. Weld County is not responsible for the maintenance of on-site drainage related features.
36. 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.
37. 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
38. 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.
39. 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.
40. 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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