HomeMy WebLinkAbout20121912.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR12-0027, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES,
INCLUDING OIL AND GAS SUPPORT AND SERVICE (WATER HAULING), IN THE
A (AGRICULTURAL) ZONE DISTRICT-STEVE AND SHERYL GULLEY
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 25th day
of July, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Steven and Sheryl Gulley, 33605 CR 53, Gill, Colorado 80624, for a
Site Specific Development Plan and Use by Special Review Permit, USR12-0027, for Mineral
Resource Development Facilities, including Oil and Gas Support and Service (water hauling), in
the A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot D of Recorded Exemption, RE-3963; being part
of the N1/2 of Section 17, Township 6 North, Range
64 West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present and represented by Jeff Wright,
A&W Water Service, Box 887, Fort Lupton, Colorado 80621, and Linn Leeburg, 707 Hawthorn
Avenue, Boulder, Colorado 80304, 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 unfavorable
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 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinances in effect.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
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.
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SPECIAL REVIEW PERMIT (USR12-0027) - STEVEN AND SHERYL GULLEY
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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.
E. Section 23-2-230.B.5 -- The site does not lie within any Overlay Districts.
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.
G. Section 23-2-230.6.7 -- 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 Steven and Sheryl Gulley, for a Site Specific
Development Plan and Use by Special Review Permit, USR12-0027, for Mineral Resource
Development Facilities, including Oil and Gas Support and Service (water hauling), 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. An Improvements and Road Maintenance Agreement is required for this
site. Access improvements shall include 60-foot turning radiuses and
gravel section to prevent the tracking of mud onto the County roadway.
Additional improvements will be required if tracking occurs or if trucking
numbers increase. The haul route has been determined to travel west on
County Road (CR) 70 and utilize CR 51. The triggers for roadway
improvements agreed to by the applicant in the May 9, 2012, revised
traffic memo will be included in the agreement. The agreement and form
of collateral (if collateral is required as a condition prior to recording the
plat) shall be reviewed by County staff and accepted by the Board of
County Commissioners prior to recording the Use by Special Review plat.
B. The applicant shall either submit a copy of an agreement with the
property's mineral owner/operators stipulating that the oil and gas
activities have been adequately incorporated into the design of the site, or
show evidence that an adequate attempt has been made to mitigate the
concerns of the mineral owner/operators.
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C. The applicant shall submit a Lighting Plan, for review and approval, to the
Department of Planning Services.
D. The applicant shall submit evidence of a signed lease agreement.
E. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR12-0027.
2) The attached Development Standards.
3) The plat shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) Show and label the approved accesses (AP12-00085).
2. The applicant shall submit three (3) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
3. Upon completion of Conditions of Approval #3 and #4 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
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.
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.
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SPECIAL REVIEW PERMIT (USR12-0027) - STEVEN AND SHERYL GULLEY
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of July, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY COLORADO
ATTEST: . (NAY)
Sean P. Conway, Chair
Weld County Clerk to the Board
(AYE)
I -m Gar ia, Pro-T=
BY: j/
Deputy Cl to the Board � :�i �. 4 l C Oe rfi2__ (AYE)
1 861 t ' Kirkmeyer
APPRO D RM: ® 4• e�tiQ (AYE)
1 . "a11 - :vid E. Long
y Attorney i A ,-, o /4-7 (AYE)
ouglts Rademac er
Date of signature: q-/3-/a
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
STEVEN AND SHERYL GULLEY
USR12-0027
1. A Site Specific Development Plan and Use by Special Review Permit, USR12-0027, is
for Mineral Resource Development Facilities, including Oil and Gas Support and Service
(water hauling), 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. Hauling hours (truck trips to and from the facility) shall be 24 hours a day, seven days a
week.
4. No employees will be stationed on the site.
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. 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 the site for less than two (2) consecutive hours per
day.
12. The fresh water storage and loading system shall be operated in a manner to minimize
spills. Fresh water spills should be captured in above-ground containment areas for
reuse or allowed to infiltrate. There shall be no discharge from this process to surface
waters or to the facility's Stormwater Management System, in accordance with the Rules
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and Regulations of the Colorado Water Quality Control Commission, and the
Environmental Protection Agency.
13. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
14. There shall be no parking or staging of vehicles, or the use of Jake Brakes, on CR 70.
15. The maximum number of proposed trucks utilizing the site is 100. If the number of trucks
exceeds this maximum, the recorded Improvements and Road Maintenance Agreement
shall be revised and additional improvements may be required to mitigate the additional
impact to the haul route.
16. 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.
17. 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.
18. 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; and 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.
19. Effective April 25, 2011, building permits issued on the proposed lot will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
20. Effective April 25, 2011, building permits issued on the proposed lot will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee
Programs.
21. 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.
22. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
23. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
24. 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
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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.
25 . 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.
26. 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.
27 . 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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