HomeMy WebLinkAbout20120091 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR11-0009, FOR AN OIL AND GAS SUPPORT AND SERVICE (OIL AND
GAS EQUIPMENT REFURBISHMENT, STORAGE AND SHOP) IN THE
A (AGRICULTURAL) ZONE DISTRICT- FRANCISCO AND PATRICIA BARRON, C/O
CHET THOMPSON
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 11th day
of January, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Francisco and Patricia Barron, 1157 Cottonwood Avenue, Fort
Lupton, Colorado 80621, c/o Chet Thompson, 4950 South Yosemite Street, Suite F2 #305,
Greenwood Village, Colorado 80111, for a Site Specific Development Plan and Use by Special
Review Permit, USR11-0009, for an Oil and Gas Support and Service Facility (oil and Gas
equipment refurbishment, storage and shop) in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
Lot A of Recorded Exemption #3962; being part of
the W1/2 SW1/4 of Section 24, Township 3 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant's representative, Chet Thompson, 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. Weld
County Code, Chapter 22 Comprehensive Plan, Sec 22-2-10.B states the
intent of the Agricultural Goals is, "to support all forms of the agricultural
industry and, at the same time, to protect the rights of the private property
owners to convert their agricultural lands to other appropriate land uses."
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SPECIAL REVIEW PERMIT (USR11-0009) - FRANCISCO AND PATRICIA BARRON
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The applicant owns a company known as High Country Sales, and the
proposed business provides a service to the oil and gas industries by
refurbishing equipment in an enclosed building; outside storage is also
included. Section 22-2-20.H.1 (A.Policy 8.1) states, "Demonstrate
adequate sanitary sewage and water systems are available for the
intensity of the development." The applicant will install and construct a
sanitary disposal system equipped to handle the needs of the business.
Water is provided by a well that is pending approval by the Division of
Water Resources to convert a domestic well historically used for
residential use to a commercial use.
b. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
Sec 23-2-240. Design standards
a) Adequate water service. The applicant has submitted an
application to the Division of Water Resources to re-permit the
existing well to a commercial use.
b) Adequate sewer service. A septic disposal system will be
constructed and designed according to the use.
c) Structure construction mitigated soil conditions. Geotechnical
investigations will be conducted prior to construction.
d) Adequate fire protection. The LaSalle Fire Protection District
serves this property.
e) Parking and vehicle storage. Parking shall not be permitted within
any public right-of-way. An adequate parking area shall be
provided to meet the parking needs of employees, company
vehicles, visitors, and customers.
f) Agricultural Zone setback and offset requirements. The proposed
building will meet all minimum setback requirements.
g) Access. The proposed access is off of County Road 30. An
Access Permit No. is pending.
h) Access to public rights-of-way. Public Access to County Road 30
is pending.
i) Buffering from adjacent properties. The majority of property in the
vicinity of this facility is zoned A (Agricultural). The nearest
residences are to the south and southwest. Two residences are
approximately 450 feet and one residence is approximately 1,200
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SPECIAL REVIEW PERMIT (USR11-0009) - FRANCISCO AND PATRICIA BARRON
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feet. The owner has agreed to screen the property, which
includes screening outside vehicle storage.
j) Uses by special Review in the A (Agricultural) Zone District shall
be located on the least prime soils on the property. The property
has been removed from productive farmland for some time.
Sec 23-2-250. Operation standards
a) Comply with noise standards, Sec 25-12-101. The applicant will
comply with the Industrial and Commercial noise standards.
b) Comply with lighting standards. Exterior lighting is limited to
security and all lighting will be directed downward and not out or
up.
c. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. There are no
facilities or businesses similar to the one proposed in the area. However,
staff has not received public opposition or opposition from surrounding
property owners with respect to this case.
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 property is not located in a municipal referral area or
in an area with an adopted Master Plan of an affected municipality. The
subject property, and all the properties surrounding this property, are
zoned A (Agricultural). Future development of the area will predominately
remain in agricultural production and retain rural uses.
e. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The existing site is within the
County-Wide Road Impact Fee Area and the Capital Expansion Impact
Fee area. 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 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 property appears to have been removed from
productive farmlands some time ago. The property is not irrigated and
the current well permitted through the State limits outdoor water usage.
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g. Section 23-2-230.B.7 — There is adequate provisions for the protection of
the health, safety, and welfare of the inhabitants of the neighborhood and
County. The applicant has complied with all federal, state and local
regulations, as applicable.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Francisco and Patricia Barron, for a Site Specific
Development Plan and Use by Special Review Permit, USR11-0009, for an Oil and Gas
Support and Service Facility (oil and Gas equipment refurbishment, storage and shop) in the
A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
1. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR11-0009.
B. The attached Development Standards.
C. The plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code.
D. The approved access(es) on the plat labeled with the approved access
permit number. The approved access permit number will be provided
when the applicant either submits the additional items (written permission
and a recorded easement) to access across the neighboring property to
the County Road 47 right-of-way, or when the applicant resubmits a
revised access permit application form showing only the access onto
County Road 30.
E. The water quality feature labeled as a "No Build/Storage Area" on the
plat.
F. County Road 30 is a collector road and requires an 80-foot right-of-way at
full buildout. There is presently a 60-foot right-of-way and this road is
maintained by Weld County. Pursuant to the definition of SETBACK in
the Weld County Code, the required setback is measured from the future
right-of-way line. Weld County has 30 feet of unmaintained County
right-of-way east of, and adjacent to, the County Road 47 section line.
G. Adequate truck turning radiuses (45-foot minimum) are required at the
access onto County Road 30. The access and driveways interior to the
property must consist of an all-weather surface, such as recycled asphalt
or the equivalent, or a tracking control pad may be required at the access
to prevent tracking of mud and debris onto the County roadway.
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2. Prior to recording the plat:
A. An Improvements Agreement may be required if the above improvements
(all-weather surface/tracking pad, turn radiuses, water quality depression)
as well as any requirements from the Department of Planning Services
(fencing, landscaping, etcetera.) are not fully installed prior to recording
the plat.
B. It appears that there is a parcel under other ownership between the USR
parcel and the County right-of-way. An easement will need to be obtained
in order to cross this parcel and access onto the unmaintained section
line right-of-way. The applicant shall record the easement via separate
document and submit a copy of the recorded easement, as well as written
permission from the landowner to cross the property with a business
access.
C. 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.
D. The applicant shall submit a Dust Abatement Plan detailing on-site dust
control measures, for review and approval, to the Environmental Health
Services, Weld County Department of Public Health and Environment.
E. The applicant shall submit written evidence from the Colorado Division of
Water Resources, demonstrating that there is a well appropriately
permitted for the commercial use.
F. 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).
G. The applicant shall submit written evidence from the Colorado
Department of Public Health and Environment stipulating the lined pit is
acceptable for waste storage.
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3. Prior to the release of building permits:
A. 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 CDPHE Stormwater Permit.
B. The applicant shall submit evidence of a Colorado Discharge Permit
System (CDPS) from the Colorado Department of Public Health and
Environment (CDPH&E), Water Quality Control Division, to cover
stormwater discharges from construction sites (5 CCR-1002-61).
Alternately, the applicants may provide evidence from CDPH&E that they
are not subject to the CDPS requirements.
4. Prior to the release of the 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.
5. Upon completion of Conditions of Approval #1 through #4, the applicants 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 applicants 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 sixty (60) days from the date of the Board
of County Commissioners Resolution. The applicant shall be responsible for
paying the recording fee.
6. In accordance with Weld County Code Ordinance #2006-7, approved June 1,
2006, should the plat not be recorded within the required sixty (60) 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.
7. 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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8. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of January, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: P_
SeanP. C n air
Weld County Clerk to the Board
/ ♦�!�� Willipm F. Garcia, Pro-Tem
BY: :�L.i ��iii- S l 4 \ f�dZ�r4� /
Deputy �P-rk to the Boa ' r1 - clitte �
y +=ar Kirkmey
APPRO D • FOR Ismit' ll
A, 'David E. Long
rd Attorney &Awn �j O,c. y
Dougla4'Rademache
Date of signature: •%
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
FRANCISCO AND PATRICIA BARRON
USR11-0009
1. A Site Specific Development Plan and Use by Special Review Permit, USR11-0009, is
for an Oil and Gas Support and Service Facility (oil and gas equipment refurbishment,
storage and shop) 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 employees, as listed and described in the application prepared by
the applicant, is as follows: A total of ten (10) employees.
4. The hours of operations are 24 hours, Monday through Sunday.
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 may be used at the site to, and
until, six (6) months following the date of the recording of the final plat.
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. This application is proposing a well as the source of water. The applicant shall be made
aware that while they may be able to obtain a well permit from the Office of the State
Engineer, Division of Water Resources, the quantity of water available for usage may be
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limited to specific uses, i.e. domestic use only, etcetera. 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.
14. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
15. All potentially hazardous chemicals must be stored and handled in a safe manner in
accordance with product labeling and in a manner that minimizes the release of
hazardous air pollutants and volatile organic compounds.
16. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
17. 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.
18. 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.
19. This area IS NOT in a Special Flood Hazard Area (SFHA), as determined by the Federal
Emergency Management Agency (FEMA).
20. 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.
21. 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.
22. 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.
23. Weld County will not maintain on-site drainage related features.
24. No parking or staging of commercial vehicles on the County road is allowed.
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,
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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.
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