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HomeMy WebLinkAbout20120811.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR11-0031, FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY (OIL FIELD ROUST-A-BOUT AND PAINTING BUSINESS) IN THE A (AGRICULTURAL) ZONE DISTRICT - BB COLORADO HOLDINGS, LLC, CIO DAVE BURROUGHS, DBA DAVE'S OILFIELD CONSTRUCTION, LLC 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 28th day of March, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of BB Colorado Holdings, LLC, 9000 West 67th Street, Merriam, Kansas 66202-3700, do Dave Burroughs, dba Dave's Oilfield Construction, LLC, 28339 County Road 44, Kersey, Colorado 80644, for a Site Specific Development Plan and Use by Special Review Permit, USR11-0031, for an Oil and Gas Support and Service Facility (oil field roust-a-bout and painting business) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot D of Recorded Exemption, RECX11-0055; being part of the W1/2 E1/2 of Section 32, Township 4 North, Range 64 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was represented by Tim Naylor AGPROfessionals, LLC, 4350 State Highway 66, Longmont, Colorado 80504, 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 23-2-230.6 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. 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 C A P 1. QW, aL , .tc& 2012-0811 3-t a PL2154 SPECIAL REVIEW PERMIT (USR11-0031) - BB COLORADO HOLDINGS, LLC, C/O DAVE BURROUGHS, DBA DAVE'S OILFIELD CONSTRUCTION, LLC PAGE 2 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 22-2-100.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 to be located on a turkey farm site that is no longer in operation. Roust-a-bout and painting operations will be located within either existing or proposed buildings; however, the applicant is proposing outside storage of equipment, raw materials, and finished product utilized. The storage area will be screened from adjacent residences and county right-of-way. 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 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 proposed use is located on a turkey farm site that is no longer in operation. There are several turkey barns located on the property. Additionally, three (3) single family residences were originally located on this property and have been recently divided off from this USR site through the Recorded Exemption process. Three (3) other single family residences are located on the property to the east, which is under common ownership with the USR parcel and was part of the original turkey farm operation as well. An irrigated agricultural parcel lies to the north. A mobile home is located on a property immediately to the west of the site adjacent to the northwest corner of the site. Remaining lands immediately to the west and south are unimproved, with the exception of oil and gas production facilities (wells and wellheads, tank battery and associated equipment). No phone calls, e-mails or correspondence have been received from surrounding property owners. A screening plan is required as a Condition of Approval 2012-0811 PL2154 SPECIAL REVIEW PERMIT (USR11-0031) - BB COLORADO HOLDINGS, LLC, C/O DAVE BURROUGHS, DBA DAVE'S OILFIELD CONSTRUCTION, LLC PAGE 3 of this application to screen outdoor storage of equipment, materials and raw product from nearby residences and from the County Road right-of- way. Additionally, several Development Standards are proposed to ensure compatibility with existing surrounding land uses. 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. This site is not located within a three-mile referral area of any municipality, nor is it located within any existing Intergovernmental Agreement (IGA) area. e. Section 23-2-230.8.5 -- The application complies with Chapter 23, Article V, of the Weld County Code. Effective April 25, 2011, building permits issued on the proposed lots 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 proposed lots 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 site is identified as "Other Lands" according to the Prime and Important Farmlands Map of Weld and Larimer Counties. g. Section 23-2-230.B.7 — The Conditions of Approval and attached 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 BB Colorado Holdings, LLC, c/o Dave Burroughs, dba Dave's Oilfield Construction, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR11-0031, for an Oil and Gas Support and Service Facility (oil field roust-a-bout and painting business) 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 USR11-0031. 2012-0811 PL2154 SPECIAL REVIEW PERMIT (USR11-0031) - BB COLORADO HOLDINGS, LLC, C/O DAVE BURROUGHS, DBA DAVE'S OILFIELD CONSTRUCTION, LLC PAGE 4 2) Parking spaces, including ADA spaces, shall be indicated in accordance with Chapter 23, Article VI, Division I, Appendix 23-A and Appendix 23-B of the Weld County Code. 3) The attached Development Standards. 4) The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. 5) 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. 6) County Road 40 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 cannot be verified, it shall be dedicated. This road is maintained by Weld County. 7) The plat shall delineate the approved Screening Plan. 8) The plat shall delineate the approved lighting plan (if applicable). 9) The existing access point shall be shown and labeled with the Access Permit number (will be provided). 10) Adequate (minimum 60-foot) radiuses shall be shown at the access point, along with cattle guards for tracking control and a Stop sign at the exit. 11) An enlarged detail view of the operations area with buildings, storage, and all parking shall be shown and clearly identified. 12) Revised water quality feature calculations shall be provided, with the boundaries of the depression shown on the site plan and labeled as "Water Quality— No Build or Storage Area". 13) The off-street parking spaces, including the access drive, shall be surfaced with gravel, asphalt, concrete, or the equivalent and shall be graded to prevent drainage problems. 2012-0811 PL2154 SPECIAL REVIEW PERMIT (USR11-0031) - BB COLORADO HOLDINGS, LLC, C/O DAVE BURROUGHS, DBA DAVE'S OILFIELD CONSTRUCTION, LLC PAGE 5 B. The applicant shall address the requirements/concerns of the Weld County Department of Building Inspection, as stated in the referral response dated December 29, 2011. C. The applicant shall address the requirements of the Weld County Department of Public Works, as stated in the referral response dated January 23, 2012: 1) Provide revised water quality feature calculations, for review and approval, by the Department of Public Works. D. Any additional hydraulic load to any existing septic system will require review 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 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. E. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application from the Air Pollution Control Division (APCD) of the Colorado Department of Public Health and Environment, if applicable. Alternately, the applicant may provide evidence from the APCD that they are not subject to these requirements. F. 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. G. 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. H. 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. 2012-0811 PL2154 SPECIAL REVIEW PERMIT (USR11-0031) - BB COLORADO HOLDINGS, LLC, CIO DAVE BURROUGHS, DBA DAVE'S OILFIELD CONSTRUCTION, LLC PAGE 6 I. The applicant shall submit a 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 the 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 the site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). J. 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. K. If exterior lighting is proposed, the applicant shall submit a Lighting Plan to the Department of Planning Services, for review and approval. L. The applicant shall submit a Screening Plan to the Department of Planning Services, for review and approval. Outdoor storage and work vehicle and equipment parking shall be screened from nearby residences and from county road right-of-way. M. The applicant shall enter into a Private Improvements Agreement According to Policy Regarding Collateral for Improvements and post adequate collateral for all transportation (access drive, parking areas, haul route maintenance, etcetera) and non-transportation (fencing, screening, drainage, etcetera). The agreement and form of collateral shall be reviewed by County staff and accepted by the Board of County Commissioners prior to recording the plat. The applicant may submit evidence that all the work has been completed and reviewed by the Departments of Planning Services and Public Works. The agreement shall detail road maintenance requirements. 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 ninety (90) days from the date of the Board of County 2012-0811 PL2154 SPECIAL REVIEW PERMIT (USR11-0031) - BB COLORADO HOLDINGS, LLC, CIO DAVE BURROUGHS, DBA DAVE'S OILFIELD CONSTRUCTION, LLC PAGE 7 Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 3. In accordance with Weld County Code Ordinance #2005-7 approved June 1, 2005, should the plat not be recorded within the required ninety (90) 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 will be required for any new construction, alteration, or addition to any building on the property. B. A building permit application must be completed and two complete sets of 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. Building permits are required for buildings, structures, and change of use for buildings which required permits before the beginning of construction or the proposed change of use. C. The structures proposed to have changed uses will require a commercial building permit for change of use. A code analysis, floor plan, a complete set of plans for any alteration, and possibly a structural analysis by a professional engineer will be required. D. 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. 2012-0811 PL2154 SPECIAL REVIEW PERMIT (USR11-0031) - BB COLORADO HOLDINGS, LLC, CIO DAVE BURROUGHS, DBA DAVE'S OILFIELD CONSTRUCTION, LLC PAGE 8 E. Prior to the release of building permits, the applicant shall submit evidence of sign off of building permits from the Platte Valley Fire Protection District to the Weld County Department of Building Inspection. 7. Prior to issuance of Certificate of Occupancy: A. An individual sewage disposal system is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) Regulations. The septic system is required to be designed by a Colorado registered professional engineer, according to the Weld County I.S.D.S. Regulations. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of March, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: SGw. C Sean P. Convyay, Chair Weld County Clerk to the Board William F.rGa a, Pro Tem BY: oa& (1A yA�\N a Deputy irk to the Boars j(' .t*; ia, feltviviLitra Kir meyer 4:44W C APISI VED FORM: r. � .� •�1Oavid E. Long t;ou ty Attorney ) (c .) akr Dougl* Radema her Date of signature: - I a 2012-0811 PL2154 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS BB COLORADO HOLDINGS, LLC CIO DAVE BURROUGHS DBA DAVE'S OILFIELD CONSTRUCTION, LLC USR11-0031 1. A Site Specific Development Plan and Use by Special Review Permit, USR11-0031, is for an Oil and Gas Support and Service Facility (oil field roustabout and painting business) 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 number of on-site, full-time employees shall be limited to seventy-five (75). 4. The hours of operation shall be from 5:00 a.m., until 10:00 p.m., Monday through Sunday, as stated in the application. 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. 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. 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. 12. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and patrons of the facility, at all times. 2012-0811 PL2154 DEVELOPMENT STANDARDS (USR11-0031) - BB COLORADO HOLDINDGS, LLC, C/O DAVE BURROUGHS, DBA DAVE'S OILFIELD CONSTRUCTION, LLC PAGE 2 13. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. 14. A permanent, adequate water supply shall be provided for drinking and sanitary purposes (Well Permit No. 287450). 15. 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 (25 people per day over a 60 day period). 16. 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. 17. A building permit will be required for any new construction, alteration, or addition to any building on the property. 18. A building permit application must be completed and two complete sets of 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. Building permits are required for buildings, structures, and change of use for buildings which required permits before the beginning of construction or the proposed change of use. 19. Any structures proposed to have a use change will require a commercial building permit for change of use. A code analysis, floor plan, a complete set of plans for any alteration, and possibly a structural analysis by a professional engineer will be required. 20. 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. 21. Prior to the release of building permits, the applicant shall submit evidence of sign off of building permits from the Platte Valley Fire Protection District to the Weld County Department of Building Inspection. 22. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 23. Effective April 25, 2011, building permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. 2012-0811 PL2154 DEVELOPMENT STANDARDS (USR11-0031) - BB COLORADO HOLDINDGS, LLC, C/O DAVE BURROUGHS, DBA DAVE'S OILFIELD CONSTRUCTION, LLC PAGE 3 24. Effective April 25, 2011, building permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. 25. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 26. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 27. 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. 28. The screening on the site shall be maintained in accordance with the approved Screening Plan. 29. 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. 30. 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. 31. 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. 32. 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. 2012-0811 PL2154 DEVELOPMENT STANDARDS (USR11-0031) - BB COLORADO HOLDINDGS, LLC, C/O DAVE BURROUGHS, DBA DAVE'S OILFIELD CONSTRUCTION, LLC PAGE 4 33. 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. 34. 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. 2012-0811 PL2154 Hello