HomeMy WebLinkAbout20122976.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR12-0044, FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY
(WATER HAULING, DEPOT AND STORAGE OF MOBILE WATER TANKS) IN THE
A (AGRICULTURAL) ZONE DISTRICT- LEONARD AND JANYCE HARMS
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 Leonard and Janyce Harms, 52715 County Road 136, Pine Bluffs,
Wyoming 82082, for a Site Specific Development Plan and Use by Special Review Permit,
USR12-0044, for an Oil and Gas Support and Service Facility (water hauling, depot and storage
of mobile water tanks) in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
Lot A of Recorded Exemption, RECX12-0008;
being part of the S1/2 of Section 26, Township 12
North, Range 58 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.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.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" The State Engineer's Office,
Division of Water Resources, has permitted two (2) wells (well
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SPECIAL REVIEW PERMIT (USR12-0044) - LEONARD AND JANYCE HARMS
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permit number 26838-F for commercial and industrial uses and
16636-F for irrigation uses, respectively). Well No. 26838-F will be
utilized for commercial use in Weld County, via truck hauling.
2) Section 22-2-20.C (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 development, and should attempt to be
compatible with the region."
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 allows for, a Site Specific Development Plan and
Use by Special Review Permit, USR12-0044, for an Oil and Gas Support
and Service (water hauling, depot and storage of temporary water storage
tanks) in the A (Agricultural) Zone District.
C. Section 23-2-230.6.3 -- 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
(RECX12-0008) containing a water spout, an irrigation well and two (2)
temporary mobile water tanks. There are no other improvements,
structures, etcetera. The nearest residence is approximately one (1) mile
to the west and is located on County Road (CR) 136. The Weld County
Department of Planning Services has not received any comments from
surrounding property owners. The Conditions of Approval and
Development Standards 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 not located within any three-mile referral areas.
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 23-2-230.6.6 -- 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
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1979 Soil Conservation Service Important Farmlands of Weld County
Map. The size of the parcel where the business is located is 2.5 acres.
The remaining property will retain agricultural uses.
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), 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Leonard and Janyce Harms, for a Site Specific
Development Plan and Use by Special Review Permit, USR12-0044, for an Oil and Gas
Support and Service Facility (water hauling, depot and storage of mobile water tanks) 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 an Improvements and Road Maintenance
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). The agreement and form of collateral shall be reviewed by
County Staff and accepted by the Board of County Commissioners prior
to recording the 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 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 the
following:
1) The waste handler and facility where the waste will be disposed
of, including the facility name, address, and phone number.
C. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR12-0044.
2) The plat shall be prepared per Section 23-2-260.D of the Weld
County Code.
3) Show the location of the mobile water tanks.
4) The attached Development Standards.
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5) Show the access points and label them with the Access Permit number
(AP12-00123).
6) County Road (CR) 136 and CR 129 are local gravel roads and require a
60-foot right-of-way at full buildout. There is presently a 60-foot
right-of-way. These roads are maintained by Weld County. Pursuant to
the definition of SETBACK in the Weld County Code (Section 23-1-90),
the required setback is measured from the future right-of-way line. East
of CR 129, CR 136 is unmaintained County right-of-way. A Nonexclusive
License Agreement is in place for this section of road.
7) 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.
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 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.
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 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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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 1bI i1 `� p
c.----77'
.:,4" can P. Conw , Chair Ca—
Weld County Clerk to the B d n?;i
1861f�` �
iam F. arcia, em
BY: � /
Deputy Cler t the Board (�J�j'1 LCiti(lc, 1 �-Mu5ie.u---
_ Barbara Kirkmey r
APP AS RM: 3J e Ac E-1_�
David E. Long
Attorney I )CA �l6 er47
1.442)[,)"IID'ouggs Raderhache
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LEONARD AND JANYCE HARMS
USR12-0044
1. A Site Specific Development Plan and Use by Special Review Permit, USR12-0044, for
an Oil and Gas Support and Service Facility (water hauling, depot and storage of mobile
water tanks) 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. 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 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 hand washing and toilet facilities shall be provided for employees and patrons
of the facility. Portable toilets are allowed in accordance with Environmental Health
Policy when employees or contractors are on the site for less than two (2) consecutive
hours a day. Records of maintenance and proper disposal for portable toilets shall be
retained on a quarterly basis and available for review by the Weld County Department of
Public Health and Environment. Portable toilets shall be serviced and shall contain hand
sanitizers.
12. 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
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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.
13. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
14. 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.
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, needs to be maintained at a maximum height of
12-inches until the area is completely developed.
16. There shall be no parking or staging of vehicles on County roads.
17. Access improvements are required and shall include 60-foot radiuses to accommodate
turning trucks and double cattle guards at the exit to prevent the tracking of mud onto the
County roadway.
18. 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.
19. 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.
20. 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.
21. 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.
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.
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24. 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.
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,
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. 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.
28. 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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