HomeMy WebLinkAbout20121671.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR12-0018, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES,
INLCUDING OIL AND GAS SUPPORT AND SERVICE (LIGHT INDUSTRY OIL FIELD
RENTAL AND SERVICE COMPANY), IN THE A (AGRICULTURAL) ZONE DISTRICT
-TESS LEASES AND SALES, 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 11th 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 Tess Leases and Sales, LLC, 1231 South Main Street, Aztec, New
Mexico 87410, for a Site Specific Development Plan and Use by Special Review Permit,
USR12-0018, for Mineral Resource Development Facilities, including Oil and Gas Support and
Service (light industry oil field rental and service company), in the A (Agricultural) Zone District,
on the following described real estate, being more particularly described as follows:
Lot A of Recorded Exemption, RE-2569; being part
of the SW114 of Section 9, Township 7 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Jennifer Stults, 34499
County Road 19, Windsor, Colorado 80550, 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.
1) 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
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that can support such development, and should attempt to be
compatible with the region."
2) 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."
3) 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 use is to be located on a vacant lot
west of, and adjacent to, an existing construction business
approved under USR-1328. Two existing feedlot facilities
(approved under AMSUP-205 and SUP-57) are located
immediately to the west and southwest of the site. Agricultural
land is located immediately to the north and south of the site. The
nearest single family residences are located approximately 600
feet to the east and approximately 1,500 feet to the west of the
site. Conditions of Approval and Development Standards are
proposed to address impacts associated with the use and to help
ensure compatibility with the surrounding area. The applicant is
proposing a metal privacy fence to screen the outdoor storage
area, and the Department of Planning Services is requiring a
Lighting Plan for the facility be submitted and approved to address
impacts to adjacent properties and publicly maintained
rights-of-way.
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. The proposed use is
to be located on a vacant lot west of, and adjacent to, an existing
construction business approved under USR-1328. Two existing feedlot
facilities (approved under AMSUP-205 and SUP-57) are located
immediately to the west and southwest of the site. Agricultural land is
located immediately to the north and south of the site. The nearest single
family residences are located approximately 600 feet to the east and
approximately 1,500 feet to the west of the site. No phone calls or
correspondence has been received in regards to this application.
Conditions of Approval and Development Standards are proposed to
address impacts associated with the use and to help ensure compatibility
with the surrounding area. The applicant is proposing a metal privacy
fence to screen the outdoor storage area, and the Department of
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Planning Services is requiring a Lighting Plan for the facility be submitted
and approved to address impacts to adjacent properties and publicly
maintained rights-of-way.
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 referral areas of
the Town of Ault and the Town of Severance. No referral response has
been received from either town.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. 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 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.B.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The site is identified as "Prime" according to the Prime and
Important Farmlands Map of Weld and Larimer Counties. The size of the
parcel (three acres) provides limited possibilities for agricultural
production.
G. Section 23-2-230.B.7 -- The attached Conditions of Approval and
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 Tess Leases and Sales, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR12-0018, for Mineral Resource
Development Facilities including Oil and Gas Support and Service (light industry oil field rental
and service company) 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 USR12-0018.
B. The attached Development Standards.
C. The plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code.
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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
shall be designed and used in a manner that will prevent trash from being
scattered by wind or animals.
E. County Road 29 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. County Road 29 is
maintained by Weld County.
F. The projected right-of-way needed for State Highway 14 is 100 feet from
the centerline. A total of 100 feet from the centerline of State Highway 14
shall be labeled as "Future State Highway 14 right-of-way." All setbacks
shall be measured from the edge of future right-of-way. State Highway 14
is maintained by the Colorado Department of Transportation (CDOT).
G. Label the water quality feature on the plat with the volume and label as
"No build or Storage area".
H. A Stop sign will be required at the exit of the site. Show and label the
Stop sign on the plat.
Show the approved access on the plat and label it with the approved
access permit number (AP#).
J. The Screening Plan shall be indicated on the plat.
K. Parking spaces (including ADA spaces) shall be indicated in accordance
with Chapter 23, Article IV, Division I, Appendix 23-A and Appendix 23-B
of the Weld County Code. Each parking space shall be equipped with
wheel guards or curb blocks, when necessary, to prevent vehicles from
extending beyond the boundary of the space and from coming into
contact with other vehicles, walls, fences or plantings.
L. The approved signage.
2. The applicant shall address the requirements of the Weld County Department of
Public Works, as stated in the referral response dated April 17, 2012. The
applicant shall address the following:
A. An Improvements and Road Maintenance Agreement is required. The
access improvements shall consist of a 45 to 60-foot radius to
accommodate turning trucks and a tracking pad consisting of either
recycled asphalt or a double cattle guard (preferred) across the access to
prevent the tracking of mud or debris on to the gravel roadway. The
agreement will also address screening and landscaping of the site. The
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Improvements Agreement will designate the haul route from the site
entrance to State Highway 14.
B. A Weld County Road Access Permit Application Form is included in the
packet. The applicant has supplied this document with photographs. A
$75.00 fee is required for all new access points. Submit that fee to
process the Access Permit.
3. 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. A list of wastes which are expected to be generated on the site (this
should include expected volumes and types of waste generated).
B. A list of the type and volume of chemicals expected to be stored on the
site.
C. The waste handler and facility where the waste will be disposed (including
the facility name, address, and phone number).
4. The applicant shall submit a Lighting Plan, for review and approval, to the
Department of Planning Services.
5. The boundaries of USR-1328 currently cover this property. The applicant shall
submit a request/application to partially vacate USR-1328 so it is no longer
located on this property.
6. The applicant shall submit a Sign Plan to the Department of Planning Services,
for all facility identification signs, including location and size. The maximum sign
size for freestanding signs in the A (Agricultural) Zone District is 16 square feet.
7. Upon completion of Conditions of Approval #1 through 6 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 twenty (120) days from the
date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee.
8. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required one-hundred (120) days
from the date the Use by Special Review Permit was approved by the Board of
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County Commissioners, a $50.00 recording continuance charge may be added
for each additional three (3) month period.
9. 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.
10. 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.
11. Prior to construction activities:
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 Colorado Department of Public
Health and Environment (CDPHE) Storm Water Permit.
12. Prior to Release of Building Permits:
A. A Building Permit Application must be completed and two (2) complete
sets of engineered plans, including Engineered Foundation Plans bearing
the wet stamp of a Colorado registered architect or engineer, must be
submitted for review. A Geotechnical Engineering Report performed by a
Colorado registered engineer shall be required.
B. 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.
C. A plan review shall be approved and a permit must be issued prior to the
start of construction.
D. Prior to the release of building permits, the applicant shall submit
evidence of approval from the Ault Fire Protection District to the Weld
County Department of Building Inspection.
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13. Prior to Certificate of Occupancy:
A. An Individual Sewage Disposal System (I.S.D.S.) is required for the
proposed facility and shall be installed according to the Weld County
I.S.D.S. Regulations. The septic system is required to be designed by a
Colorado registered engineer according to the Weld County I.S.D.S.
Regulations.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of July, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Sean P. Conway, Chair
Weld County Clerk to the Board
EXCUSED
William F. Garcia, Pro-T
BY: �.• LJ tc�,. �' l
Deputy Cl-' to th Boar
bara Kirkmeyer
1861 t O ikszp
APPROVED AS TO FORM%
�i
avid E. Long
ounty ttorney
Dougla ademacher
Date of signature: 2'.-/
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TESS LEASES AND SALES, LLC
USR12-0018
1. A Site Specific Development Plan and Use by Special Review Permit, USR12-0008, is
for Mineral Resource Development Facilities, including Oil and Gas Support and Service
(light industry oil field rental and service company), 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 employees shall be limited to nineteen (19), as stated in the application
materials.
4. Normal hours of operation shall be from 7:00 a.m., to 8:00 p.m., Monday through Friday.
The business is open (on-call) 24 hours a day for emergency service.
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. 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.
7. 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.
8. 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.
9. The applicant shall operate in accordance with the approved Waste Handling Plan at all
times.
10. 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.
11. 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.
12. 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.
13. 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
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pollutants (HAP's) and volatile organic compounds (VOC's). All chemicals must be
stored secure, on an impervious surface, and in accordance with manufacturer's
recommendations.
14. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
15. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
16. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
17. 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.
18. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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 property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
22. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
23. 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.
24. The existing screening on the site shall be maintained.
25. 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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26. 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.
27. 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 run off rate and velocity increases,
diversions, concentration and/or unplanned ponding of storm run off.
28. The applicant must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices.
29. Weld County will not maintain on-site drainage related areas or medians. This must be
addressed by the owner.
30. 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.
31. Off-street parking spaces, including the access drive, shall be surfaced with gravel,
asphalt, concrete or the equivalent and shall be graded to prevent drainage problems.
32. Each parking space shall be equipped with wheel guards or curb blocks, when
necessary, to prevent vehicles from extending beyond the boundary of the space and
from coming into contact with other vehicles, walls, fences or plantings.
33. Road Access Culverts, Section 8-3-10 of the Weld County Code, Installation of culvert --
The owner of the property shall pay for materials and the cost of installation for new road
access culverts whenever the installation of a culvert is made necessary by the creation
of a new access from private property to a County road, by any alteration of the natural
flow of water across private property by the owner, or for any other reason created by
any owner of private property. The culvert shall be installed according to the
specification of the Department of Public Works as to size and location in the County
rights-of-way or other County property in which such culverts may be installed. The
culvert size will be determined in accordance with standard engineering practices. The
property owner shall be responsible for cleaning the borrow ditch to the extent required
to accommodate the road access culvert and insuring proper drainage.
34. A building permit will be required for any new construction, alteration, or addition to any
building on the property.
35. 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
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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.
36. Prior to the release of building permits,the applicant shall submit evidence of approval
from the Ault Fire Protection District to the Weld County Department of Building
Inspections.
37. 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.
38. 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.
39. 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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