Loading...
HomeMy WebLinkAbout20122427.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR12-0030, FOR AN OIL AND GAS SUPPORT FACILITY (ROUST-A-BOUT AND EXCAVATING SERVICE) IN THE A (AGRICULTURAL) ZONE DISTRICT -ALEX PLATT 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 12th day of September, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Alex Platt, 22670 CR 30, Hudson, Colorado 80462, for a Site Specific Development Plan and Use by Special Review Permit, USR12-0030, for an Oil and Gas Support Facility (roust-a-bout and excavating service) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot A of Recorded Exemption, RE-4583; being part of Section 26, Township 3 North, Range 65 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 23-2-220.A.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 roust-a-bout and excavating service facility is presently in operation on the site and is located in an area that allows good access to the oil field. a0 2012-2427 i/- 5- C7 PL2180 SPECIAL REVIEW PERMIT (USR12-0030) -ALEX PLATT PAGE 2 2) Section 22-2-100.E (C.Goal 5) states, "Minimize the incompatibilities that occur between commercial uses and surrounding properties." The Department of Planning Services is requesting a Screening Plan for the facility addressing the outside storage component from public rights-of-way and adjacent properties. Lands surrounding this facility are in pastureland for the grazing of livestock with limited residential development, primarily to the east of this property, with the closest residence being approximately 160 feet east of the property line. 3) Section 22-2-20.6.2 (A.Policy 2.2) states, `Allow commercial and industrial uses, which are directly related to, or dependent upon, agriculture, to locate within agricultural areas when the impact to surrounding properties is minimal or mitigated and where adequate services and infrastructure are currently available or reasonably obtainable. These commercial uses should be encouraged to locate in areas that minimize the removal of agricultural land from production." The site is Lot A of Recorded Exemption, RE-4583, which consists of 10.79 acres with historic use encumbrances. The surrounding properties are primarily grazing lands with limited residential development primarily to the east. The applicant is proposing an on-site septic system and the water will be provided by an individual domestic well. The existing residence on the property is also served by an Individual Sewage Disposal System (I.S.D.S.), SP-0500267, and is permitted for three (3) bedrooms or six (6) persons. In the event the applicant intends to utilize the existing septic system at the home for employee use, the septic system shall be reviewed by a Colorado registered engineer. The applicant has a Domestic Well Permit (Number 284299) that serves the existing residence and property. This well may not be used for any of the business operations unless the well is re-permitted, per the Colorado Division of Water Resources requirements, as stated in the referral dated June 6, 2012. The Weld County Department of Public Health and Environment (WCDEH) has reviewed this proposal for an Oil and Gas Support Facility, including roustabout and excavating services. Based on the application, there is an existing shop building on the property that is for personal use only and will not be used for the business operations. There will be up to 25 employees accessing the site. According to the applicant, the facility will mainly be used for storage of equipment and employees will access the site to pick up and return vehicles and equipment. It is the policy of the WCDEH that portable toilets are allowed when employees or contractors are on-site for less than two (2) consecutive hours a day. As personnel will be on-site for a short duration, in 2012-2427 PL2180 SPECIAL REVIEW PERMIT (USR12-0030) -ALEX PLATT PAGE 3 accordance with WCDEH policy, the use of portable toilets is allowed. 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 provides for Oil and Gas Support and Service as a Use by Special Review in the A (Agricultural) Zone District. C. Section 23-2-230.6.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The property is currently in violation, Case Number ZCV11-00089, for the operation of an oil and gas roust-a-bout and excavating business without first completing the necessary Weld County Zoning Permits, and also has an active violation case in County Court (11-C-694). The applicant has agreed to an Amended Stipulated Agreement, which is recognized by the court, which delineates the following timelines: 1) The Defendant will do everything possible, within his ability, to ensure a hearing is conducted by the Planning Commission by August 7, 2012. 2) The Defendant will do everything possible, within his ability, to ensure a hearing is conducted by the Board of County Commissioners by August 22, 2012. 3) The Defendant will complete all Conditions of Approval and have a final plat submitted to the Department of Planning Services by December 20, 2012. 4) The Defendant agrees to contact the Weld County Zoning Compliance Officer assigned to this case to arrange an inspection of the property at least six (6) days prior to the review date set by the Court. The applicant review date in County Court is set for January 7, 2013, at 9:30 AM, in Division C. Assuming the applicant has complied with the above terms of his Amended Stipulated Agreement, this date will be vacated and the violation case closed. The initial complaint was received on May 13, 2011. Due to records release case law, complaint information can no longer be tracked; however, the internal policy is that violations are no longer initiated due to staff complaint. If the application is approved and all Conditions of Approval are met and the plat is recorded, the violation will be corrected. If the application is denied, or the Conditions of Approval are not met, the commercial business and storage shall be removed from the property within thirty (30) 2012-2427 PL2180 SPECIAL REVIEW PERMIT (USR12-0030) -ALEX PLATT PAGE 4 days or the violation case will proceed accordingly through the court process. The site is bordered by agricultural uses, which are predominately pasture with sparsely populated residential development. There are ten (10) property owners on ten (10) parcels within 500 feet of this proposed facility. There are three (3) residences on three (3) parcels within 1,000 feet of the facility. The nearest residence is approximately 450 feet to the east from the existing shop. There has been one letter from an adjacent property owner and at least one telephone call from adjacent neighbors with concerns of the current site operations for this property and the proposed expansion of use. The Conditions of Approval and Development Standards will ensure that this use will be compatible with 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. The site is not located within three (3) miles of a municipality or county. E. Section 23-2-230.6.5 -- The site does not lie within any Overlay Districts. Effective April 25, 2011, building permits issued on the site 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 site 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 for the proposed use. The U.S.D.A. Soils Maps of Prime Farmlands of Weld County, dated 1979, designated the soils on this property as "Other"; however, given that the 10.79-acre parcel contains the existing improvements, the applicant is utilizing the property for the highest and best use. G. 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 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 Alex Platt, for a Site Specific Development Plan and Use by Special Review Permit, USR12-0030, for an Oil and Gas Support Facility (roust-a- bout and excavating service) in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted subject to the following conditions: 2012-2427 PL2180 SPECIAL REVIEW PERMIT (USR12-0030) -ALEX PLATT PAGE 5 1. Prior to recording the plat: A. The plat shall be prepared per Section 23-2-260.D of the Weld County Code. B. All sheets of the plat shall be labeled USR12-0030. C. The plat shall be amended to delineate the following: 1) The attached Development Standards. 2) The approved Screening Plan, to ensure the parking of vehicles and equipment, and the outdoor storage of materials, including the trash dumpster associated with this facility, shall be screened from adjacent properties, including the public rights-of-way. 3) County Road (CR) 30 is designated on the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way at full buildout. There is presently 60 feet of right-of-way. An additional ten (10) feet shall be delineated on the plat as future CR 30 right-of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. 4) The applicant shall delineate the Water Quality Depression for this site. The area can be an existing on-site low point that will capture the stormwater and hold any contaminants on-site or it can be a shallow (1-2 feet deep) depression dug downstream of the parking and storage area and labeled as a "No Build or Storage Area." The water quality feature must be sized to contain approximately 610 cubic feet of water. 5) All parking for this site must be off-street, internal and delineated on the plat map. Each parking space shall be equipped with wheel guards or curb blocks to prevent vehicles from coming into contact with walls or other structures. 6) The application materials did not include a Lighting Plan. Should exterior lighting be a part of this facility, all light standards shall be delineated on the USR plat. 7) The application materials did not include a Sign Plan. Should exterior signage be a part of this facility, all signs shall be delineated on the USR plat. 2012-2427 PL2180 SPECIAL REVIEW PERMIT (USR12-0030) -ALEX PLATT PAGE 6 8) The applicant shall show the approved accesses on the plat and label it with the approved access permit number (AP12-00192). D. The applicant shall address the requirements and/or concerns of the Colorado Division of Water Resources, as stated in the referral response dated June 6, 2012. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. E. 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. F. 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. G. The applicant shall address the requirements and/or concerns of the Weld County Department of Building Inspection, specifically addressing the change of use for each structure located on the property, as stated in the referral response dated June 13, 2012. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. H. The applicant shall address the requirements and/or concerns of the Weld County Department of Public Health and Environment, specifically: 1) The applicant shall submit a revised Dust Abatement Plan to include the proposed water source to be used for dust control, to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. 2) In accordance with the Underground and Above Ground Storage Tank Regulations (7 CCR 1101-14), a spillage retention berm shall be constructed around the tank battery. 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 Above Ground Storage Tank Regulations. 3) 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. 4) A signed copy of the Spill Prevention, Control and Countermeasure Plan shall be provided to the Environmental 2012-2427 PL2180 SPECIAL REVIEW PERMIT (USR12-0030) -ALEX PLATT PAGE 7 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). 5. The applicant shall submit a revised Waste Handling Plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. The plan shall include, at a minimum, the following: a. A list of the type and volume of chemicals expected to be stored on the site. I. 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. J. The applicant shall enter into an Improvements Agreement to cover on-site and off-site improvements and road maintenance. Evidence of Department of Public Works approval shall be submitted, in writing, to the Weld County Department of Planning Services. K. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. 2. Upon completion of Condition of Approval #1 above, 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 by December 20, 2012. 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 (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. 4. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat not be recorded by December 20, 2012, a $50.00 recording continuance charge may be added for each additional three (3) month period. 2012-2427 PL2180 SPECIAL REVIEW PERMIT (USR12-0030) -ALEX PLATT PAGE 8 5. Prior to the Release of Building Permits: A. A building permit will be required for any buildings associated with roust-a-bout and excavation services. 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. C. A Geotechnical Engineering Report performed by a Colorado registered engineer, shall be required. D. The structures proposed to have change 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 possibly a Structural Analysis by a professional engineer, will be required. E. 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. F. A plan review shall be approved and a permit must be issued prior to the start of construction. G. All Building Plans shall be submitted to the Platteville Fire Protection District, for review and approval, prior to issuing building permits. H. Should there be full-time employees, the applicant shall provide evidence to the Weld County Department of Public Health and Environment that a well has been appropriately permitted and installed to provide for potable water and sanitary use for the facility. 2012-2427 PL2180 SPECIAL REVIEW PERMIT (USR12-0030) -ALEX PLATT PAGE 9 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of September, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: • Seam . C wa , Chair Weld County Clerk to the :.t d s Nni �.0 ,� f m=�'s� ;Will F. arc , Pro-Tem • BY: S i � Deputy Clerk to the Bo!'(r i `4� 'EXCUSED ®uy�s s Batbara Kirkmeyer APP A RM: David E. Long nt ttorney M t1pU ougl Rademac r Date of signature: it 2012-2427 PL2180 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS ALEX PLATT USR12-0030 1. The Site Specific Development Plan and Use by Special Review Permit, USR12-0030, is for an Oil and Gas Support Facility (roust-a-bout and excavating service) in the A (Agricultural) Zone District, as indicated in the application materials on file 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. 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. 4. 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. 5. 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. 6. The applicant shall operate in accordance with the approved Waste Handling Plan, at all times. 7. The applicant shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations. 8. 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. 9. 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. 10. 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 for employees or contractors that are on-site for less than two (2) consecutive hours per day. 11. In the event the domestic well (Permit No. 284299) on the property is used for the business operations, the well shall be re-permitted for commercial use per the Colorado Division of Water Resources requirements in the referral, dated June 6, 2012. The applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment 2012-2427 PL2180 DEVELOPMENT STANDARDS (USR12-0030) -ALEX PLATT PAGE 2 (CDPHE). The applicant is strongly encouraged to test their drinking water prior to consumption and periodically test it over time. 12. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. 13. In the event the applicant intends to utilize the existing septic system at the home for employee use, the septic system shall be reviewed by a Colorado registered 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. 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. The Spill Prevention, Control and Countermeasure Plan shall be available on the site, at all times. 16. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 17. Access to the site shall be from County Road (CR) 30, at the location designated by the approved Access Permit. 18. 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. The applicant shall utilize the existing access and departure points. 19. The historical flow patterns and runoff amounts will be maintained on the site in such a manner that 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. 20. Weld County shall not be responsible for the maintenance of on-site drainage related facilities. 21. 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 12 inches until the area is completely developed. 2012-2427 PL2180 DEVELOPMENT STANDARDS (USR12-0030) -ALEX PLATT PAGE 3 22. There shall be no parking or staging of vehicles on the County Road. The on-site parking area shall be utilized. 23. In the event that one (1) or more acres are disturbed during the construction and development of the site, the applicant shall obtain a stormwater discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment. 24. If more than one (1) acre is to be disturbed, a grading permit will be required prior to the start of construction. The 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 Stormwater Permit. 25. All structures shall require building permits. 26. Any lighting, including light from high temperature processes such as welding or combustion, shall be designed, located and operated in such a manner as to meet the following standards: sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties; 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; and no colored lights may be used which may be confused with, or construed as, traffic control devices. 27. Hours of operation shall be 24 hours a day, seven (7) days a week. 28. The number of employees associated with this facility is limited to twenty-five (25) persons. 29. Effective April 25, 2011, building permits issued on the site may be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. 30. Effective April 25, 2011, building permits issued on the site will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. 31. 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. 32. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 33. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 34. 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 2012-2427 PL2180 DEVELOPMENT STANDARDS (USR12-0030) -ALEX PLATT PAGE 4 with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 35. 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. 36. 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. 37. 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. 2012-2427 PL2180 Hello