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RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR12-0053, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING AN OIL AND GAS SUPPORT FACILITY (ROUST-A-BOUT AND
EXCAVATING SERVICE) IN THE A (AGRICULTURAL) ZONE DISTRICT -
FRANCISCO RAMIREZ
WHEREAS,the Board of County Commissioners of Weld Co ty,Col rado,pursuant to
Colorado statute and the Weld County Home Rule Charter, is ve wi the authority of
administering the affairs of Weld County,Colorado,and
WHEREAS,the Board of County Commissioners held a ublic earing on the 14th day
of November,2012,at the hour of 10:00 a.m.,in the Chambers th oard,for the purpose of
hearing the application of Francisco Ramirez,10085 • . 'o 31,Fort Lupton,Colorado
80621,for a Site Specific Development Plan and Us •y Spe :1 Review Permit,USR12-0053,
for a Mineral Resource Development Facility,includin•an Oil. d Gas Support Facility(roust-a-
bout and excavating service)in the A(Agricultural)Zoe- 'istr t,on the following described real
estate,being more particularly described as folio •
Lot A of Recorded Exe ption,R 263;being part
of the SE1/4 of Sec 9, Township 2 North,
Range 66 West of the P.M., Weld County,
Colorado
WHEREAS, at said heari , t a licant was present and represented by Stuart
Gorton,810 Half Measures Drive,Longmo ,Colorado 80504,and
WHEREAS,Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Revi ermit,a d
WHEREAS, the and of ounty Commissioners heard all of the testimony and
statements of those presen, t 'd the request of the applicant and the recommendation of
the Weld County a ' Commission and all of the exhibits and evidence presented in this
matter and,havi en fu y informed,finds that this request shall be approved for the following
reasons:
1. Tct submitted materials are in compliance with the application requirements of
n 23-2-260 of the Weld County Code.
Q2. I 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 23-2-230.B.1 (A.Policy 7.1) states: "County land use
regulations should support commercial and industrial uses that are
directly related to,or dependent upon,agriculture,to locate within
the agricultural areas,when the impact to surrounding properties
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is minimal, or can be mitigated, and where adequate services are
currently available or reasonably obtainable." 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.
2) Section 22-2-100.E (C.Goal 5) states: "Minimize the
incompatibilities that occur between commercial uses and
surrounding properties." The entire business is screened from
public rights-of-way and adjacent properties. Lands surrounding
this facility are in pastureland for the grazing of livestock and/or
are utilized for oil and gas production.
3) Section 22-2-20.B.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-2263, which consists of ten (10) acres with historic
use encumbrances. The U.S.D.A. Soils Maps of Prime Farmlands
of Weld County, dated 1979, indicate the soils on this property as
"other". There is no irrigation water associated with the parcel.
The surrounding properties are primarily grazing lands with
sparsely located single family homes, oil and gas facilities and an
overhead transmission line corridor adjacent to the east property
line. There is a domestic well (Permit No. 173128) that serves the
existing residence on the property, and the use of the well is
restricted to ordinary household purposes. This well shall not be
used for any of the business operations unless the well is
re-permitted through the Colorado Division of Water Resources.
The existing residence on the property is also served by an
individual sewage disposal system (SP-9900307) and is permitted
for five (5) bedrooms or ten (10) 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 professional engineer.
The Division of Water Resources, in the referral dated
August 3, 2012, stated Well Permit No. 173128, located on the lot,
was issued on September 24, 1993, for household purposes, the
watering of domestic animals and the irrigation of not more than
one (1) acre of home gardens and lawns. Production is limited to
the Laramie-Fox Hills aquifer, which is considered non-tributary at
this location. The permit was issued pursuant to
Section 37-92-602(3)(b)(II), C.R.S., as the only well on a parcel of
40 acres described as the SE1/4 of the SE1/4 of Section 9.
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Subsequently, the lot was divided and the current parcel size is
ten (10) acres. Therefore, the parcel on which the well is located
is smaller than the parcel that was considered when issuing the
original well permit. The Division of Water Resources
recommends that the well with Permit No. 173128 be re-permitted
consistent with the size of the parcel on which it is located and
consistent with the proposed uses. The applicant indicates that
this will be an unmanned facility, as such portable toilets and
bottled water will be utilized as employees or contractors are on
the site for less than two (2) consecutive hours a day.
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 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.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. This violation was
initiated due to the operation of an Oil and Gas Support and Services
business without first completing the necessary Weld County Zoning
Permits. This case has not been presented to the Weld County Court
Magistrate through the Violation Hearing process; however, is in the
process of being forwarded to the County Attorney's Office for legal
action. This application, once a plat is recorded, will correct the violation.
The site is bordered by agricultural uses, which are predominately
pasture with sparsely populated residential development. There are five
(5) property owners on four (4) parcels within 500 feet of this proposed
facility. There are three residences within 1,200 feet of the facility, with
the nearest residence being approximately 930 feet to the southwest from
the Ramirez residence. There have been no letters, electronic mail, or
telephone calls received for this land use proposal. The Conditions of
Approval and Development Standards will ensure that this use will be
compatible with 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. The site is located within three (3) miles of the City of Fort
Lupton. The City returned a referral, dated August 13, 2012, indicating a
request to discuss the opportunity for annexation with the property owner.
E. Section 23-2-230.B.5 -- The site does not lie within any Overlay Districts.
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
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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.B.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 "other;" however, given that the ten (10) acre
parcel contains the improvements from the historic use, the applicant is
utilizing the property for the highest and best 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 Francisco Ramirez, for a Site Specific
Development Plan and Use by Special Review Permit, USR12-0053, for a Mineral Resource
Development Facility, including 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:
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 USR12-0053.
C. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The approved Screening Plan, to address the parking of vehicles
and equipment, and the outdoor storage of materials, including the
trash dumpster associated with this facility which shall be
screened from adjacent properties, including the public rights-of-
way.
3) County Road (CR) 22 is designated on the Weld County Road
Classification Plan as an arterial road, which requires 140 feet of
right-of-way at full buildout. There is presently 60 feet of
right-of-way. An additional 40 feet shall be delineated on the plat
as future CR 22 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.
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If the right-of-way cannot be verified, it shall be dedicated. This
road is maintained by Weld County.
4) CR 31 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. 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.
5) Please delineate the retention and drainage facilities to be within a
drainage easement which has been described on the plat and
labeled as a "No Build or Storage Area."
6) All parking for this site must be off-street and internal and
delineated on the plot plan 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.
7) 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.
8) Show and label the approved access point on the plat with the
Access Permit Number (will be provided).
9) In the event the domestic well (Permit No. 173128) on the
property is used for the business operations, the well shall be re-
permitted through the Colorado Division of Water Resources.
Also, the applicant shall be made aware that groundwater may not
meet all drinking water standards as defined by the Colorado
Department of Public Health and Environment. The applicant is
strongly encouraged to test the drinking water prior to
consumption and periodically test it over time.
10) 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 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.
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D. The applicant must address the requirements/concerns of the Colorado
Division of Water Resources, as stated in the referral response dated
August 3, 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, for review and approval, to
the Department of Planning Services. With approval, the Screening Plan
information shall be graphically delineated on the USR plat.
F. The applicant shall submit a Sign Plan for review and approval to the
Department of Planning Services. With approval, the Sign location
information shall be graphically delineated on the USR Plat.
G. The applicant must address the requirements/concerns of the Weld
County Department of Environmental Health, specifically addressing:
1) 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) The waste handler and facility where the waste will be
disposed of, including the facility name, address, and
phone number, as stated in the referral response dated
August 29, 2012.
H. The applicant shall submit a Lighting Plan, for review and approval, to the
Department of Planning Services. With approval, the Lighting Plan
information shall be graphically delineated on the USR plat.
The applicant shall enter into an Improvements and Road Maintenance
Agreement to cover on-site improvements, including fencing to screen the
outdoor storage components from a public right-of-way and adjacent
properties. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
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 #1 and #2 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.
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4. 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 the application was signed, a $50.00 recording
continuance charge may be added for each additional three (3) month period.
5. 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.
6. 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.
7. Prior to the Release of Building Permits:
A. A Certificate of Occupancy is required to be obtained before the proposed
use of the building is occupied.
B. An application and building permit is required for each structure that is
constructed or has a change of use. A plan review is required for each
building or structure for which a building permit is required. Two complete
sets of plans are required when applying for each permit. The applicant
shall include a Code Analysis Data sheet for the Weld County
Department of Building Inspection for each structure that requires a
permit. Submittal plans shall include a floor plan showing the specific
uses of each area for the building. Plans shall bear the wet stamp of a
Colorado registered architect or engineer.
C. Buildings 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, 2011
National Electrical Code, 2006 International Mechanical Code, 2006
International Plumbing Code, 2006 International Energy Code, 2006
International Fuel Gas Code, 2003 ANSI 117.1 Accessibility Code and
Chapter 29 of the Weld County Code.
D. All building plans shall be submitted to the Fort Lupton Fire Protection
District, for review and approval, prior to the issuance of building permits.
E. Construction of a new building is proposed. Building permits shall be
obtained prior to starting. A plan review is required for each building or
structure for which a building permit is required. Two complete sets of
plans are required when applying for each permit. Include a Code
Analysis Data sheet for the Weld County Department of Building
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Inspection for each structure that requires apermit. Submittal plans shall
P q
include a floor plan showing the specific uses of each area for the
building. Plans shall bear the wet stamp of a Colorado licensed architect
or engineer.
F. Building height shall be measured in accordance with the 2006
International Building Code for the purpose of determining the maximum
building size and height for various uses and types of construction and to
determine compliance with the Bulk Requirements from Chapter 23 of the
Weld County Code. Building height shall be measured in accordance with
Chapter 23 of the Weld County Code in order to determine compliance
with offset and setback requirements. Offset and setback requirements
are measured to the farthest projection from the building.
G. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of November, A.D., 2012.
•
I .LA BOARD OF COUNTY COMMISSIONERS
r %WELD COUNTY, COLORADO
ATTEST: 6� � ' -
Vim` can P. on , Chair
Weld County Clerk to the
William F. arci , -ro-Tem
BY:
Deputy Clerl t the Board �
�Baarb ra KirkmlI eyer
APP D AS ORM: J,J C
David E. Long
y Attorney EXCUSED
Douglas Rademacher
Date of signature: \
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
FRANCISCO RAMIREZ
USR12-0053
1. The Site Specific Development Plan and Use by Special Review Permit, USR12-0053,
is for a Mineral Resource Development Facility, including 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. 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.
8. 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.
9. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times. Portable toilets and bottled water are allowed
when employees or contractors are on the site for less than two (2) consecutive hours a
day.
10. 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.).
11. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
12. Access to the site shall be from CR 31 at the location as designated by the approved
Access Permit.
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13. The off-street parking spaces, including the access drive, shall be surfaced with gravel
or the equivalent and shall be graded to prevent drainage problems. Utilize the existing
access and departure point.
14. 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.
15. Weld County shall not be responsible for the maintenance of on-site drainage related
facilities.
16. There shall be no parking or staging of vehicles on CR 31 or CR 22.
17. This site is not permitted for haul truck traffic. The addition of haul trucks would require
an Improvements and Road Maintenance Agreement with Weld County.
18. All structures shall require building permits.
19. Any lighting, including light from high temperature processes such as welding or
combustion, shall be designed, located and operated in such as 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.
20. Hours of operation are limited to 6:00 a.m., until 6:00 p.m., Monday through Saturday, or
in the case of an emergency they may operate outside of the designated hours.
21. The number of employees associated with this facility is limited to twenty-five (25)
persons. The field crew personnel are not identified as permanent on-site employees.
22. 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.
23. 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.
24. 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.
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25. 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.
26. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
27. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
28. 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.
29. 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.
30. 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.
31. 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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