HomeMy WebLinkAbout20120567.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR11-0028, FOR OIL AND GAS SUPPORT AND SERVICE (OFFICE,
VEHICLE PARKING, VEHICLE AND EQUIPMENT STORAGE, AND VEHICLE AND
EQUIPMENT MAINTENANCE ASSOCIATED WITH AN OILFIELD SERVICE
FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT - GRE HOLDINGS, LLC,
C/O GREAT WHITE PRESSURE CONTROL, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 29th day
of February, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of GRE Holdings, LLC, c/o Great White Pressure Control, LLC, 4500 SE
59th, Oklahoma City, Oklahoma 73135, for a Site Specific Development Plan and Use by
Special Review Permit, USR11-0028, for Oil and Gas Support and Service (office, vehicle
parking, vehicle and equipment storage, and vehicle and equipment maintenance associated
with an oilfield service facility) in the A (Agricultural) Zone District, on the following described
real estate, being more particularly described as follows:
Lot A of Recorded Exemption #200; being part of
the NW1/4 of Section 29, Township 5 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present and represented by Sheri
Lockman, Lockman Land Consulting, LLC, 36509 County Road 41, Eaton, Colorado 80615, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the following
reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.6 of the Weld County Code as follows:
a. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
Section 22-2-20.G.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
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PRESSURE CONTROL, LLC
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development, and should attempt to be compatible with the region."
Section 22-2-20.1.5 (A.Policy 9.5) states, "Applications for a change of
land use in the agricultural areas should be reviewed in accordance with
all potential impacts to surrounding properties and referral agencies."
Section 22-5-100.A.2 (OG.Policy 1.2) states, "Oil and gas support
facilities which do not rely on geology for locations should locate in
commercial and industrial areas, when possible, and should be subject to
review in accordance with the appropriate sections of this Code." The
proposed facility is located on a property previously approved for a
construction business (USR-1473 - storage of construction equipment
and materials) that was approved by the Board of County Commissioners
on July 7, 2004. The site has an existing fenced and screened storage
area and is surrounded by agricultural land. The proposed Use by
Special Review Permit (USR) is a similar use in that it involves outdoor
storage of oil and gas vehicles and equipment in the same fenced and
screened storage area.
b. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.A.2 of the Weld County
Code allows Oil and Gas Support and Service facilities as a Use by
Special Review in the A (Agricultural) Zone District.
c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. This site is
surrounded by agricultural land. The nearest single-family residences are
located approximately three-fourths of a mile to the west and southeast of
the site. The property has an existing fenced storage area that is
screened on the north, west, and south sides and is partially screened on
the east side.
d. Section 23-2-230.B.4 -- The uses which will be permitted will be
compatible with future development of the surrounding area, as permitted
by the existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. This site is located within the three-mile referral area for
the City of Evans, City of Greeley, and Town of Milliken. The site borders
the City of Greeley to the north and the City of Evans to the east. The
City of Greeley, in its referral dated January 9, 2012, states that any
upgrades to the site may trigger upgrades to site accesses. The City of
Greeley recommends landscaping be extended along Two Rivers
Parkway to the intersection with 37th Street and along the western border
of the site to supplement the existing fence along the property line. A
Backflow Prevention Device may be required and the water tap will be
changed from an outside of the City of Greeley Residential Tap to an
outside of the City of Greeley Commercial Tap. The City of Greeley
indicated, in an electronic mail response, that a traffic study for this use
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will not be required. The Town of Milliken, stated in its referral dated
January 13, 2012, that it would like to discuss the possibility of annexation
with the applicant. No referral response has been received from the City
of Evans.
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 Fee Program. 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.
f. Section 23-2-230.8.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The proposed USR is located on a property that is 1.39
acres in size and contains existing buildings and site improvements. No
additional agricultural land will be removed from production.
g. Section 23-2-230.B.7 — The Conditions of Approval and attached
Development Standards will ensure that there are adequate provisions for
the protection of the health, safety, and welfare of the inhabitants of the
neighborhood and the County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of GRE Holdings, LLC, c/o Great White Pressure
Control, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR11-
0028, for Oil and Gas Support and Service (office, vehicle parking, vehicle and equipment
storage, and vehicle and equipment maintenance associated with an oilfield service facility) 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 USR11-0028.
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 applicant shall delineate the trash collection areas. Section
23-3-350.H of the Weld County Code addresses the issue of trash
collection areas. Areas used for storage or trash collection shall be
screened from adjacent properties and public rights-of-way. These areas
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shall be designed and used in a manner that will prevent trash from being
scattered by wind or animals.
E. County Road 54 and County Road 27.5 (Two Rivers Parkway) are
designated on the Weld County Road Classification Plan as arterial
roads. These roads have been annexed by the City of Evans and the
City of Greeley which require 150 feet of right-of-way at full buildout. The
applicant shall verify, and delineate on the plat, the existing right-of-way
and the documents creating the right-of-way. All setbacks shall be
measured from the edge of future right-of-way. If the right-of-way cannot
be verified, it shall be dedicated. County Road 27.5 is maintained by the
City of Evans, and County Road 54 is maintained by the City of Greeley.
F. A vehicle tracking control pad, consisting of recycled gravel or asphalt,
will be required to prevent tracking of mud and debris material from the
site onto County Roads 54 and 27.5. This needs to be placed and shown
on the plat drawing across both lanes. A Stop sign shall be installed at
the approved City of Evans access point as a safety item.
G. The applicant shall label the water quality feature on the plat with the
volume and "No build or Storage area".
H. There is a site distance problem at the intersection of County Road 54
(37th Street) and County Road 27.5. To address this situation, the plat
shall indicate that no storage of equipment and vehicles will be located in
the area extending 125 feet from the south and west of the intersection of
County Road 54 (37th Street) and County Road 27.5.
2. The applicant shall address the requirements and concerns of the Weld County
Department of Building Inspection, as stated in the referral response dated
December 30, 2011.
3. The applicant shall submit an updated 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 oil, batteries, and tires will be
disposed of(including the facility name, address, and phone number).
4. The applicant shall address the requirements of the City of Greeley, specific to
access requirements only, as stated in the referral response dated January 9,
2012. Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
5. The applicant shall submit a Lighting Plan to the Department of Planning
Services, for review and approval.
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6. The applicant shall enter into a Private Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate collateral for
fencing, screening, drainage, etcetera. The agreement and form of collateral
shall be reviewed by County staff and accepted by the Board of County
Commissioners prior to recording the USR plat. The applicant may submit
evidence that all the work has been completed and reviewed by the Departments
of Planning Services and Public Works.
7. The applicant shall attempt to address the requirements of the City of Evans,
specific to access requirements only, as stated in the referral response dated
January 26, 2012. Written evidence of such shall be submitted to the Weld
County Department of Planning Services.
8. The applicant shall submit a letter to the Department of Planning Services
(signed by the property owner) requesting the vacation of USR-1473 to be
scheduled for decision by the Weld County Board of Commissioners.
9. Upon completion of Conditions of Approval #1 through #8 above, the applicant
shall submit three (3) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. Upon approval of the paper
copies, the applicant shall submit a Mylar plat, along with all other documentation
required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services.
The plat shall be prepared in accordance with the requirements of Section
23-2-260.D of the Weld County Code. The Mylar plat and additional
requirements shall be submitted within one hundred eighty (180) days from the
date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee.
10. In accordance with Weld County Code Ordinance #2005-7, approved June 1,
2005, should the plat not be recorded within the required one hundred eighty
(180) days from the date of the Board of County Commissioners Resolution, a
$50.00 recording continuance charge shall added for each additional three (3)
month period.
11. 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.
12. 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of February, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: j P C
Sean P. Conway, Chair
Weld County Clerk to the Board
BY: S t / 1 William F Garcia, Pro- em
1 . l 4
Deputy al Irk to the Bo. . 0., '� /'
' is6i ,q ..c .ar.: . irkmeyer
APP' .rTi AS TO -; •nu'
r. fig XC E. D
Long
I� V'� `'� David E. L
ou torney O , 1 (CS (LA/A402 h'v O, GI
Doug as Rademache
Date of signature: 4/2
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
GRE HOLDINGS, LLC
CIO GREAT WHITE PRESSURE CONTROL, LLC
USR11-0028
1. A Site Specific Development Plan and Use by Special Review Permit, USR11-0028, is
for Oil and Gas Support and Service (office, vehicle parking, vehicle and equipment
storage, and vehicle and equipment maintenance associated with an oilfield service
facility) 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 shall be limited to fifteen (15).
4. Hours of operation shall be from 5:00 a.m., to 10:00 p.m., Monday through Saturday,
except in the case of emergency.
5. All work vehicles and equipment shall be located within the boundaries of the area
screened and enclosed by the six-foot privacy fence.
6. Structures and buildings located within the future right-of-way for County Road 54 (37th
Street) and County Road 27.5 (Two Rivers Parkway) are considered non-conforming
(Non-Conforming Use (NCU) case #406 has been assigned to these two buildings) and
must comply with Chapter 23, Article VII, of the Weld County Code.
7. 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.
8. 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.
9. 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.
10. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
11. 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.
12. 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.
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13. Any vehicle or equipment washing areas shall capture all effluent and prevent
discharges in accordance with the Rules and Regulations of the Water Quality Control
Commission, and the Environmental Protection Agency.
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 and volatile organic compounds. All chemicals must be stored secure, on an
impervious surface, and in accordance with manufacturer's recommendations.
15. Adequate drinking, hand washing, and toilet facilities shall be provided for employees of
the facility, at all times.
16. Sewage disposal for the facility shall be by septic system. As the applicant intends to
utilize the existing septic system for employees, the septic system shall be reviewed by a
Colorado registered professional engineer if the usage exceeds four (4) full-time
employees and eleven (11) drivers. If the system is found to be inadequately sized or
constructed, the system shall be brought into compliance with current regulations. Any
septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
17. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. The facility shall utilize the existing public water supply (City of Greeley).
18. Floor drain wastes shall be captured in a watertight vault and hauled off for proper
disposal. Records of installation, maintenance, and proper disposal shall be retained.
19. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
20. 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.
21. 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.
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. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct nor reflected light from any
light source may create a traffic hazard to operators of motor vehicles on public or
private streets. No colored lights may be used which may be confused with, or
construed as, traffic control devices.
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25. The existing screening on the site shall be maintained.
26. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
27. 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.
28. 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.
29. The applicant must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices.
30. Weld County will not maintain on-site drainage related areas or medians. This must be
addressed by the owner.
31. 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 (CDPHE) Stormwater permit.
32. A building permit will be required for any new construction, alteration, or addition to any
building on the property.
33. 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.
34. The existing shop on the site was used for a small office and construction shop. If
changes are made to the use to repair or maintain vehicles, a Change of Use Permit will
be required and the structures proposed to have changed uses will require a commercial
building permit for change of use. A code analysis, floor plan, and a complete set of
plans for any alteration will be required and a structural analysis by a professional
engineer may be required. A building permit application must be completed and two
complete sets of plans, including engineered foundation plans bearing the wet stamp of
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a Colorado registered architect or engineer, must be submitted for review. A
Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required. Building permits are required for buildings, structures, and change of use for
buildings which required permits before the beginning of construction or the proposed
change of use.
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.
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