HomeMy WebLinkAbout20121009.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR12-0002, FOR AN OIL AND GAS SUPPORT AND SERVICE (WATER
HAULING) AND ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (OUTDOOR STORAGE), PROVIDED THAT THE PROPERTY IS NOT A
LOT IN AN APPROVED OR RECORDED SUBDIVSION PLAT OR PART OF A MAP
OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT - NORTH WELD
COUNTY WATER DISTRICT
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 18th day
of April, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of North Weld County Water District, 32825 County Road 39,
P.O. Box 56, Lucerne, Colorado 80646, for a Site Specific Development Plan and Use by
Special Review Permit, USR12-0002, for an Oil and Gas Support and Service (water hauling)
and any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (outdoor storage), provided that the property is not a lot
in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lot A of Recorded Exemption, RECX11-0019;
being part of the NE1/4 of Section 35, Township 8
North, Range 66 West of the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing, the applicant was represented by Leanne Kuntz, District
Engineering Assistant, 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:
CA, QL , Pu; , tit-,Appl 2012-1009
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SPECIAL REVIEW PERMIT (USR12-0002) - NORTH WELD COUNTY WATER DISTRICT
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a. Section 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
Section 22-2-20.C (A.Goal 3) states, "County land use regulations
recognize and respect the rights afforded by the State Constitution and
associated statutes of individually decreed water rights. Water rights are
considered real property and should be protected as any other private
property right." North Weld County Water District (NWCWD) owns the
property and a water line which is under its control is located in County
Road 88. NWCWD is using its water to operate a commercial water
depot.
b. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Sections 23-3-40.A.2 and 23-3-40.R of
the Weld County Code allow for A Site Specific Development Plan and
Use by Special Review Permit for an Oil and Gas Support and Service
(water hauling) and any Use permitted as a Use by Right, Accessory Use,
or Use by Special Review in the Commercial or Industrial Zone Districts,
provided that the property is not a lot in an approved or recorded
subdivision plat or part of a map or plan filed prior to adoption of any
regulations controlling subdivisions (outdoor storage), in the
A (Agricultural) Zone District. PUD development proposals shall not be
permitted to use the Use by Special Review Permit process to develop.
c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The facility is located
in a rural agricultural area on a Recorded Exemption parcel
(RECX11-0049) containing no improvements other than two (2) fire
hydrants. Adjacent properties to the north, south, and east are mainly
utilized for grazing and are in agricultural production. The Town of Pierce
is approximately one-half mile to the west, and the nearest residence in
the unincorporated area is approximately one-half mile to the east and
northwest. The Weld County Department of Planning Services has not
received any comments from surrounding property owners. The attached
Development Standards and Conditions of Approval 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 the three-mile municipal referral
area for the Town of Pierce, and the Town, in the referral dated
January 24, 2012, indicated no conflicts with its interests.
e. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The site is located within the
County-Wide Road Impact Fee, the Capital Expansion Impact Fee, and
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the Drainage Impact Fee Areas. 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, 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 in the locational decision for the
proposed use. The proposed facility is located on soils designated as
"High Potential Dry Cropland - Prime if they become Irrigated," per the
1979 Soil Conservation Service Important Farmlands of Weld County
Map. The size of the parcel is four (4) acres and Lot B of the Recorded
Exemption could be used for agriculture since there is a ditch on the
property which was utilized for irrigation.
g. Section 23-2-230.6.7 -- There are adequate provisions for the protection
of the health, safety, and welfare of the inhabitants of the neighborhood
and County. The Design Standards (Section 23-2-240 of the Weld
County Code), Operation Standards (Section 23-2-250 of the 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 North Weld County Water District, for a Site
Specific Development Plan and Use by Special Review Permit, USR12-0002, for an Oil and
Gas Support and Service (water hauling) and any Use permitted as a Use by Right, Accessory
Use, or Use by Special Review in the Commercial or Industrial Zone Districts (outdoor storage),
provided that the property is not a lot in an approved or recorded subdivision plat or part of a
map or plan filed prior to adoption of any regulations controlling subdivisions 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 applicant shall enter into a Private Improvements Agreement
According to Policy Regarding Collateral for Improvements and post
adequate collateral for all transportation (access drive, parking areas,
etcetera) and non-transportation (fencing, screening, drainage, etcetera)
improvements. 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.
B. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR12-0002.
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SPECIAL REVIEW PERMIT (USR12-0002) - NORTH WELD COUNTY WATER DISTRICT
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2) The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
3) The attached Development Standards.
4) The existing western access point (entrance), which shall be
labeled with the access permit number (AP11-00325).
5) The staging and filling areas.
6) An Improvements and Road Maintenance Agreement is required.
Access improvements shall include 60-foot radii and tracking
control, including double cattle guards and recycled asphalt at the
exit of the site. Triggers for auxiliary lanes will be included in the
agreement.
7) County Road 88 is designated as a local paved road, requiring 60
feet of right-of-way at full buildout. There is presently 60 feet of
right-of-way and this road is maintained by Weld County.
Pursuant to the definition of setback within Section 23-1-90 of the
Weld County Code, the required setback shall be measured from
the future right-of-way line.
8) 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 shall be designed and used in a
manner which will prevent trash from being scattered by wind or
animals.
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 sixty (60) 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. 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, Arclnfo Coverages and Arclnfo Export files (format
type is .e00). 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of April, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:",iG ��r�% _ f
Sean P. Cones hair
Weld County Clerk to the Board ��a -4_7 /-
m . Garcia, so- em
BY: 861 ,—., alv
Deputy Cle to the Board l -
0 a Kirkmeyer
APP AST •
vid E. Long '
my ttorney rk;�c� ono �--
Dougla 'Rademacher
Date of signature: 5 '88-/3-
2012-1009
PL2156
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
NORTH WELD COUNTY WATER DISTRICT
USR12-0002
1. Site Specific Development Plan and Use by Special Review Permit, USR12-0002, is for
an Oil and Gas Support and Service (water hauling) and any Use permitted as a Use by
Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (outdoor storage), provided that the property is not a lot in an approved or
recorded subdivision plat or part of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the in the A (Agricultural) Zone District, and is
subject to the Development Standards stated herein.
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) are 24 hours per day, seven-days per
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 which 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 which 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 (portable toilets are acceptable)
shall be provided for employees and patrons of the facility, at all times.
12. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal System (I.S.D.S.) Regulations.
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DEVELOPMENT STANDARDS (USR12-0002) - NORTH WELD COUNTY WATER DISTRICT
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13. The fresh water storage and loading system shall be operated in a manner to minimize
spills. Fresh water spills shall 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 and
regulations of the Colorado Water Quality Control Commission, and the Environmental
Protection Agency.
14. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
15. 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, must be maintained at a maximum height of twelve (12)
inches, until the area is completely developed.
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. There shall be no parking or staging of vehicles on County roads.
18. Weld County is not responsible for the maintenance of on-site drainage related features.
19. 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. 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.
20. 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.
21. 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.
22. 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.
23. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
24. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
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25. 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
26. 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.
27. 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.
28. All 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.
29. 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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