HomeMy WebLinkAbout20123066.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR12-0047, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING OIL AND GAS SUPPORT AND SERVICE (WATER DEPOT), IN THE
A (AGRICULTURAL) ZONE DISTRICT- DOUGLAS AND DEBORAH DUGGAN
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 31st day
of October, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Douglas and Deborah Duggan, 616 Chatoga Avenue, Grover,
Colorado 80729, for a Site Specific Development Plan and Use by Special Review Permit,
USR12-0047, for a Mineral Resource Development Facility, including Oil and Gas Support and
Service (water depot), in the A (Agricultural) Zone District on the following described real estate,
being more particularly described as follows:
Lot B of Recorded Exemption, RECX11-0035;
being part of the NW1/4 of Section 4, Township 10
North, Range 61 West of the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing, the applicant 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 23-2-230.6.1 - The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) 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
CC:as any other private property rightt"
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2) Section 22-2-20.C.3 (A.Policy 3.3) states: "Land use regulations
should consider the traditional and future operational viability of
water delivery infrastructure when applications for proposed land
use changes are considered."
3) Section 22-2-20.G (A.Goal 7) states: "County land use regulations
should protect the individual property owner's right to request a
land use change."
4) Section 22-6-20.A (ECON.Goal 1) states: "Encourage the
expansion of existing businesses and the location of new
industries that will provide employment opportunities in the
County."
5) Section 22-2-20.G.2 (A.Policy 7.2) states, "Conversion of
agricultural land to non urban residential, commercial, and
industrial uses should be accommodated when the subject site is
in an area that can support such development, and should attempt
to be compatible with the region."
6) Section 22-2-80.D (I.Goal 4) states: "All new industrial
development should pay its own way." The applicant will be
responsible for covering all costs for all on-site and any applicable
off-site improvements associated with this use, as required
through the Improvements Agreement and Conditions of Approval.
7) Section 22-4-30.A.1 (WA.Policy 1.1) states: "Acknowledge a water
right as real property that is held by the individual or entity that has
developed or maintained the water decree." The State Engineer's
Office, Division of Water Resources (DWR), has permitted two (2)
wells for industrial and commercial use, via truck hauling on the
136 acres of overlying land. Well Permit #69713-FR and
#74396-F. Well Permit #69713-FR is permitted to withdraw
33-acre-feet per year from the Laramie aquifer.
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 for a Site Specific Development Plan and Use by Special
Review Permit for a Mineral Resource Development Facility, including Oil
and Gas Support and Service (water depot and storage) in the A
(Agricultural) Zone District. Currently, the property is in violation
(COMP11-00147) for the operation of a commercial water hauling
business without an approved and recorded Use by Special Review
permit (USR). Upon recording of the plat, the violation will be closed.
C. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The site is located
approximately one-third mile east of the Town of Grover and is located in
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a rural area on lands without irrigation water. The site currently contains
five (5) water tanks, a trash container, a water pump, and a small shed.
Adjacent properties are mainly utilized for dryland pastures, crops and a
yet to be permitted propane distribution business. The nearest residence
is located in the Town of Grover, approximately one-half mile to the west
of the site. The Weld County Department of Planning Services has
received no comments/concerns from the surrounding property owners.
The attached Conditions of Approval and Development Standards,
including a required Lighting Plan and a Road Improvements and
Maintenance Plan, will address the impacts and ensure compatibility with
the surrounding area.
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 Town of Grover, in the referral dated August 10, 2012,
stated that it has no concerns with the proposed development; although it
will monitor the water table in the area.
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 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 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 in the locational decision for the
proposed use. The proposed facility is located on soils designated as
"Prime if they become irrigated" per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. The proposed USR is
approximately 2.5 acres in size and will not take Prime (Irrigated)
Farmland out of production.
G. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code) and 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 County.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Douglas and Deborah Duggan, for a Site Specific
Development Plan and Use by Special Review Permit, USR12-0047, for a Mineral Resource
Development Facility, including Oil and Gas Support and Service (water depot), 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. An Improvements and Road Maintenance Agreement is required for this
site. Access improvements shall include 60-foot turning radiuses and
tracking control to prevent the tracking of mud onto the County roadway.
B. The applicant shall submit a Lighting Plan, for review and approval, to the
Department of Planning Services.
C. The applicant shall apply for all applicable building permits.
D. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR12-0047.
2) The attached Development Standards.
3) The plat shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) Approved Lighting Plan.
5) County Road (CR) 122 is designated on the Weld County Road
Classification Plan as a collector road, which requires 80 feet of
right-of-way at full buildout. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way and this
information shall be noted on the plat. 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. This road is maintained
by Weld County.
6) Reference the recorded easement used for access.
7) The applicant has obtained an Access Permit for one (1) access
to the property. The applicant shall show and label the approved
access with the approved Access Permit number (AP11-00499).
2. Upon completion of Condition of Approval #1 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
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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.
3. 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.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 31st day of October, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
•
ATTEST\srf.— �_
an P. Co y, Chair
Weld County Clerk to the B mililV
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PA • �� ₹"illia F. Garci , Pro
Deputy CI k o the Board ice,' cia �CLiu — ,i, L(i7l1LL(/ ct___-
i B ra Kirkmeyer ,
OVE FORM: ( cuh U--
David
E. Long
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my Attorney R y� Q a�,,,tn.6,� ,v
Douglas rademach r
Date of signature: D5H9--.
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DOUGLAS AND DEBORAH DUGGAN
USR12-0047
1. A Site Specific Development Plan and Use by Special Review Permit, USR12-0047, is
for a Mineral Resource Development Facility, including Oil and Gas Support and Service
(water depot), 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. Hauling hours (truck trips to and from the facility) shall be 24-hours a day, seven (7)
days a week.
4. Well permit no. 69713-FR is permitted by the State of Colorado to withdraw 33 acre-feet
per year for commercial use from the Laramie aquifer based on the overlying 136-acre
land area. Prior to the transfer or lease to any person or entity of all or part of the
overlying 136-acre land area, such person or entity shall be informed of the existence of
well permit no. 69713-FR and the effect on the availability of water to such land.
5. There shall a maximum of ten (10) water tanks on the site at any one time.
6. No employees will be stationed on the site.
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
Non-Specified Zone as delineated in Section 14-9-30 of the Weld County Code.
13. Adequate hand washing and toilet facilities shall be provided for employees and patrons
of the facility. As employees or contractors are on the site for less than two (2)
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consecutive hours a day, portable toilets are acceptable. The records of maintenance
and proper disposal for portable toilets shall be maintained on a quarterly basis and be
available for review by the Department of Public Health and Environment. Portable
toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand
sanitizers.
14. The fresh water storage and loading system shall be operated in a manner to minimize
spills. Fresh water spills should 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.
15. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
16. There shall be no parking or staging of vehicles on CR 122.
17. The number of proposed trucks utilizing the site is 35 per day. Exceeding these numbers
may require revision of the Improvements and Road Maintenance Agreement.
18. 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.
19. 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.
20. 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 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.
21. 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.
22. 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.
23. 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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24. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
25. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
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 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.
28. 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.
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 and recognized at all times.
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