HomeMy WebLinkAbout20121747.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR12-0019, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES
INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY (OFFICE AND
SHOP BUILDING AND OUTSIDE PARKING, STORAGE AND STAGING AREA FOR
VEHICLES AND EQUIPMENT) IN THE A (AGRICULTURAL) ZONE DISTRICT- C&M
RODRIGUEZ SERVICES, INC.
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 27th day
of June, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of C&M Rodriguez Services, Inc., P.O. Box 677, Ft. Lupton, Colorado
80621, for a Site Specific Development Plan and Use by Special Review Permit, USR12-0019,
for Mineral Resource Development Facilities including an Oil and Gas Support and Service
Facility (office and shop building and outside parking, storage and staging area for vehicles and
equipment) in the A (Agricultural) Zone District, on the following described real estate, being
more particularly described as follows:
Lot B of Recorded Exemption, RE-4015; being part
of the E1/2 NE1/4 of Section 7, Township 2 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the Board deemed it advisable to continue the matter to
July 18, 2012, to allow additional time to meet newspaper publication requirements, and
WHEREAS, at said hearing, the applicant was present/represented by Tim Naylor,
AGPROfessionals. LLC, 4350 State Highway 66, Longmont, Colorado 80504, 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.A.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
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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
that can support such development, and should attempt to be
compatible with the region."
2) Section 22-2-20. I (A.Goal 9) states: "Reduce potential conflicts
between varying land uses in the conversion of traditional
agricultural lands to other land uses."
3) Section 22-2-20. 1.3 (A.Policy 9.3) states: "Consider mitigation
techniques to address incompatibility issues. Encourage
techniques and incentives, such as, but not limited to, clustered
development and building envelopes, to minimize impacts on
surrounding agricultural land."
4) Section 22-2-100. 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."
This proposed Oil and Gas Support USR is proposed to be
located adjacent to an existing Use by Special Review Permit
(USR-911- tractor and farm implement sales). Also, an existing
Use by Special Review Permit (USR-1591 — outside storage of
vehicles and RVs) encumbers this property and would be partially
vacated as a condition of approval of this USR application. There
will be some outside storage of vehicles, materials and equipment
associated with the business. The property has been screened by
a six-foot solid fence.
B. Section 23-2-230.A.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 Facilities as a Use by Special Review in
the A (Agricultural) Zone District.
C. Section 23-2-230.A.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The parcel is
presently vacant with the exception of existing oil and gas production
facilities (oil and gas wells and tank batteries). There is a single family
residence and farm and tractor implement sales business (approved
under USR-911) immediately to the north of the site. There are two other
single family residences located approximately 250 feet to the northwest
and 650 feet to the northeast of the proposed USR site. Agricultural land
is located to the west of the site. Agricultural land and U.S. Highway 85
are to the east of the site. An existing USR for outdoor storage of vehicles
and RV equipment is located to the south. No phone calls, e-mails or
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correspondence has been received from surrounding property owners.
The property has already been screened by a six-foot solid fence.
Additionally, several development standards are proposed (such as
requiring the applicant to adhere to County Noise Requirements, submit a
Lighting Plan for review and approval) to ensure compatibility with
existing surrounding land uses.
D. Section 23-2-230.A.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 areas of
the City of Fort Lupton and the Town of Platteville. It is not located within
any existing Intergovernmental Agreement Area (IGA) of a municipality.
The City of Fort Lupton and the Town of Platteville indicated no conflict
with their interests in the referral responses received April 16, 2012 and
May 11, 2012, respectively.
E. Section 23-2-230.A.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 Program area and the Capital Expansion
Impact Fee area. 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. 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.A.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 "Other Lands" according to the
Prime and Important Farmlands Map of Weld and Larimer Counties.
G. Section 23-2-2320.A.7 -- The attached Conditions of Approval and
development standards will ensure 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 C&M Rodriguez Services, Inc., for a Site Specific
Development Plan and Use by Special Review Permit, USR12-0019, for Mineral Resource
Development Facilities including an Oil and Gas Support and Service Facility (office and shop
building and outside parking, storage and staging area for vehicles and equipment) 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 plat shall be amended to delineate the following:
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1) All sheets of the plat shall be labeled USR12-0019.
2) Parking spaces (including ADA spaces) shall be indicated in
accordance with Chapter 23, Article VI, Division I, Appendix 23-A
and Appendix 23-B of the Weld County Code.
3) The attached Development Standards.
4) The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
5) The applicant shall delineate screening for the trash collection
area. 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.
6) County Road 25.5 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. 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. This road is maintained by Weld County.
7) Existing screening shall be delineated on the plat.
8) The plat shall delineate the approved Lighting Plan. The applicant
shall demonstrate that the proposed lighting will be downcast and
will not shine onto adjacent properties and road rights-of-way.
9) The existing access point shall be shown on the plat and labeled
with the Access Permit number (will be provided when a complete
application is received).
10) Show adequate (minimum 60-foot) radiuses at the access point
along with a double cattle guard for tracking control.
11) Each parking space shall be equipped with wheel guards or curb
blocks, when necessary, to prevent vehicles from extending
beyond the boundaries of the space and from coming into contact
with other vehicles, walls, fences or plantings.
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12) Label the proposed water quality feature as "Water Quality — No
Build or Storage Area". It shall be located downstream of the
parking and storage areas.
13) The 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.
B. 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 finalize the Access Permit Application.
The application fee ($75.00) shall be provided to the Department of Public
Works. Once this fee is received, the access permit will be processed.
C. The applicant shall submit written evidence from the Colorado Division of
Water Resources, demonstrating that the well is appropriately permitted
for the commercial use.
D. The applicant shall submit a 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:
1) A list of wastes which are expected to be generated on the site
(this should include expected volumes and types of waste
generated).
2) A list of the type and volume of chemicals expected to be stored
on the site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
E. If exterior lighting is proposed, the applicant shall submit a Lighting Plan
to the Department of Planning Services for review and approval.
F. An Improvements and Road Maintenance Agreement is required for the
site. The Department of Public Works will provide a draft of the
agreement after the Board of County Commissioner's hearing for the
project. The agreement will address all transportation (access drive,
parking areas, haul route maintenance, etcetera) and non-transportation
(fencing, screening, drainage etcetera) improvements.
G. The applicant shall submit a copy of an agreement with the property's
mineral owners/operators stipulating that the oil and gas activities have
adequately been incorporated into the design of the site, or show
evidence that an adequate attempt has been made to mitigate the
concerns of the mineral owners to the Weld County Department of
Planning Services.
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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 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. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required one-hundred twenty
(120) days from the date of the Board of County Commissioners Resolution, a
$50.00 recording continuance charge shall be added for each additional three
month period.
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.
5. 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.
6. Prior to Grading:
A. If more than one acre is to be disturbed, a grading permit will be required
prior to the start of construction. A 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.
7. Prior to Release of Building Permits:
A. A building permit will be required for the future office and shop structure
and any new construction, alteration, or addition to any buildings or
structures on the property. It is recommended that a code analysis be
done on the project by a design professional with experience in this area.
B. 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
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submitted for review. A Geotechnical Engineering Report performed by a
Colorado registered engineer shall be required.
C. 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.
D. A plan review shall be approved and a permit must be issued prior to the
start of construction.
E. The applicant shall submit evidence of approval from the Platte Valley
Fire Protection District to the Department of Building Inspection.
8. Prior to issuance of Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed facility
and shall be installed according to the Weld County Individual Sewage
Disposal (I.S.D.S.) Regulations. The septic system is required to be
designed by a Colorado registered professional engineer according to the
Weld County I.S.D.S. Regulations.
B. The applicant shall submit evidence of an Underground Injection Control
(UIC) Class V Injection Well Permit from the Environmental Protection
Agency (EPA) for any large-capacity septic system (a septic system with
the capacity to serve 20 or more persons per day). Alternately, the
applicant may provide evidence from the EPA that they are not subject to
the EPA Class V requirements.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of July, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: -5---
Sean P. Co 4l=y, Chair
Weld County Clerk to the Board
BY: J-_ -T / Willi-m F. arc- , Pro- -m
&JtL fr) j� �� 4
Deputy Cl k to t Boa : � j l//, A bl� A---
.i i sv ID.a\ra Kirkmeyer
APP' i ►, A �: • . call I
` Ii ' 'avi—E. Long
orney c y � - C tsa/
Douglas ademac er
Date of signature: Yc-/5 /a
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
C&M RODRIGUEZ SERVICES, INC.
USR12-0019
1. A Site Specific Development Plan and Use by Special Review Permit, USR12-0019, is
for Mineral Resource Development Facilities including an Oil and Gas Support and
Service Facility (office and shop building and outside parking, storage and staging area
for vehicles and equipment) 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 thirty-five (35) full-time employees, as
stated in the application materials.
4. The hours of operation shall be limited to 5:00 AM - 10:00 PM, Monday through Sunday,
as stated in the application materials.
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. 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.
12. 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 (HAP's) and volatile organic compounds (VOC's). All chemicals must be
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stored secure, on an impervious surface, and in accordance with manufacturer's
recommendations.
13. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
14. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
15. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
16. In the event the facility's water system serves more than 25 persons on a daily basis, the
water system shall comply with the Colorado Primary Drinking Water Regulations
(5 CCR 1003-1). Evidence shall be provided to the Weld County Department of Public
Health and Environment that the system complies with the Regulations (25 people per
day over a 60-day period).
17. Processed wastewater (such as 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 and available for review upon request.
18. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
19. The applicant shall be made aware that groundwater may not meet all drinking water
standards as defined by the Colorado Department of Public Health and Environment.
The applicant is strongly encouraged to test their drinking water prior to consumption
and periodically test it over time.
20. A building permit will be required for the future office and shop structure and any new
construction, alteration, or addition to any buildings or structures on the property. It is
recommended that a code analysis be done on the project by a design professional with
experience in this area.
21. 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.
22. 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.
23. A plan review shall be approved and a permit must be issued prior to the start of
construction.
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24. Prior to the release of a building permit, the applicant shall submit evidence of approval
from the Platte Valley Fire Protection District to the Department of Building Inspection.
25. If more than one (1) acre is to be disturbed, a grading permit will be required prior to the
start of construction. A 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.
26. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
27. 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.
28. 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.
29. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
30. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
31. 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.
32. The existing on-site screening shall be maintained.
33. 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.
34. Necessary personnel from the Weld County Department 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.
35. 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 runoff.
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36. 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.
37. 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.
38. 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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