HomeMy WebLinkAbout20123185.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR12-0038, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY
INCLUDING, AN OIL AND GAS SUPPORT AND SERVICE FACILITY (OIL AND GAS
ROUST-A-BOUT BUSINESS) IN THE A (AGRICULTURAL) ZONE DISTRICT -
WELLS RANCH, LLLP
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 22nd day
of August, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Wells Ranch, LLLP, 32010 County Road 63, Gill, Colorado 80624, for
a Site Specific Development Plan and Use by Special Review Permit, USR12-0038, for a
Mineral Resource Development Facility, including an Oil and Gas Support and Service Facility
(oil and gas roust-a-bout business) in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Part of the NW1/4 of Section 32; part of the E1/2
SE1/4 of Section 30; part of Section 29, all in
Township 6 North, Range 63 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the Board deemed it advisable to continue the matter to
September 19, 2012, and then to November 14, 2012, to allow Wells Ranch, LLLP, adequate
time to present testimony at the Weld County Planning Commission meeting which was
continued to October 2, 2012, and
WHEREAS, on November 14, 2012, the applicant was represented by Rick Behning,
Baseline Corporation, 700 12th Street, Suite 220, Golden, Colorado 80401, 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 pi_I
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 22-2-20.1 (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) 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."
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 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 oil and gas
roust-a-bout operation is located approximately 1/4 mile east of the
nearest residence and approximately 1/2 mile east of an existing dairy
facility. There is an existing feedlot facility on the property owned by the
applicant immediately to the north and east of the roust-a-bout
operations. Land to the north and east is agricultural land owned by the
applicant. State Land Board land with existing oil and gas wells are
located to the south of the site. The Conditions of Approval require a
Lighting Plan and that the west side of the vehicle parking and storage
area be screened from the residence to the west. No phone calls, e-mails
or correspondence has been received from surrounding property owners.
However, a complaint was received from a private citizen in regards to
this operation that resulted in a violation and the initiation of this Land Use
Permit Application.
D. Section 23-2-230.6.4 -- 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
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provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. This site is not located within a three-mile referral area of
any municipality, nor is it located within any existing Intergovernmental
Agreement (IGA) Area of a municipality.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. This site is not located within a
floodplain, geological hazard area or within an airport overlay district.
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 site is identified as "Other" according to the Prime
and Important Farmlands Map of Weld County.
G. Section 23-2-230.B.7 — There are adequate provisions for the protection
of the health, safety, and welfare of the inhabitants of the neighborhood
and County. 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 Wells Ranch, LLLP, for a Site Specific
Development Plan and Use by Special Review Permit, USR12-0038, for a Mineral Resource
Development Facility, including an Oil and Gas Support and Service Facility (oil and gas
roust-a-bout business) 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:
1) All sheets of the plat shall be labeled USR12-0038.
2) Parking spaces (including ADA spaces) shall be indicated in
accordance with 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.
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5) 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.
6) Show and label the 30 feet of unmaintained County Road (CR) 64
section line right-of-way.
7) The plat shall delineate the approved Lighting Plan.
8) Provide revised Water Quality Feature calculations. Show the
boundaries of the depression on the site plan and label it as
"Water Quality— No Build or Storage Area."
9) This application is proposing a well(s) as its source of water. The
property owner should be aware that while they may be able to
obtain a well permit from the Office of the State Engineer, Division
of Water Resources, the quantity of water available for usage may
be limited to specific uses, i.e. domestic use only, etc. Also, the
property owner 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 property
owner is strongly encouraged to test the drinking water prior to
consumption and periodically test it over time.
B. The applicant shall address the requirements of the Weld County
Department of Public Works, as stated in the referral response dated
July 12, 2012:
1) A Nonexclusive License Agreement is required for use of the
unmaintained County Right-of-Way along the CR 64 section line.
2) An Improvements and Road Maintenance Agreement is required.
Access improvements shall include double cattle guards. A haul
route will be determined and maintenance on the haul route will be
required. Dust control and damage repair will be required on the
haul route. The County's standard triggers for paving and turn
lanes will also be included. The Improvements Agreement and
collateral (if collateral is required) shall be accepted by the Board
of County Commissioners prior to recording the plat.
C. The applicant shall address the requirements of the Weld County
Department of Building Inspection, as stated in the referral dated July 5,
2012:
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1) A building permit will be required for any buildings associated with
roust-a-bout and excavation services. A Building Permit
Application must be completed and two 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.
The structures proposed to have changed uses will require a
Commercial Building Permit for change of use. A code analysis,
floor plan, a complete set of plans for any alteration, and a
structural analysis by a professional engineer will be required.
D. The applicant shall submit a revised Dust Abatement Plan, indicating the
proposed water source and other appropriate material for mitigating dust,
for submittal to the Weld County Department of Public Health and
Environment.
E. In the event washing of vehicles and equipment will occur on the site, the
applicant shall ensure that any vehicle and equipment washing area(s)
shall capture all effluent and prevent discharges from the washing of
vehicles in accordance with the Rules and Regulations of the Water
Quality Control Commission, and the Environmental Protection Agency.
Vehicle washing areas should be designated on the plat.
F. An individual sewage disposal system (I.S.D.S.) is required for the
proposed facility and shall be designed by a Colorado registered
professional engineer and installed according to the Weld County I.S.D.S.
Regulations.
G. The applicant shall designate the location of the proposed septic system
on the plat. No vehicle access drives, vehicle parking or equipment
storage shall be located in the area of the septic system. The septic
system must be protected from vehicle traffic.
H. 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.
The applicant shall submit evidence of an Aboveground Storage Tank
Permit from the Colorado Department of Labor and Employment (CDLE),
Oil Inspection Section for any aboveground storage tanks located on the
site. Alternately, the applicant may provide evidence from the CDLE, Oil
Inspection Section, that they are not subject to these requirements.
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J. A signed copy of the Spill Prevention, Control and Countermeasure Plan
shall be provided to the Environmental Health Services Division of the
Weld County Department of Public Health and Environment, in
accordance with Section 3-6-1 of the Colorado Department of Labor and
Employment Division of Oil and Public Safety, Storage Tank Regulations
(7 C.C.R. 1101-14) as well as EPA regulations (40 CFR Part 112).
K. The applicant shall address the requirements of the Colorado Division of
Water Resources, as stated in the referral dated June 26, 2012. The
applicant shall submit written evidence from the Colorado Division of
Water Resources, demonstrating that the well(s) is/are appropriately
permitted for the commercial use.
L. 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.
M. The applicant shall submit documentation that floor drain wastes from any
vehicle maintenance facility is captured in a watertight vault and hauled
off for proper disposal.
N. 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 of
(including the facility name, address, and phone number).
O. If exterior lighting is proposed, the applicant shall submit a Lighting Plan,
for review, to the Department of Planning Services.
P. The applicant shall submit a Screening Plan, for review and approval, to
the Department of Planning Services. Work vehicle and equipment
parking shall be screened from the nearest residence to the west.
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
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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 added for each additional three (3)
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 Release of building permits:
A. 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.
B. Prior to the release of the building permit, the applicant shall submit
evidence of approval from the Galeton Fire Protection District to the Weld
County Department of Building Inspection.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of November, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,�OLORADO
ATTEST: ®YUrt,gr �J�'la (1
Sean P. on_w y hair
Weld County Cle k to the Board
EL . >
William F. Garcia, Pro-Tem (---7
BY: 'at • dii: ��
Deputy Cle k ' �
P Y the Boa f. �s _ _'�% L �(�. i,1,t-fir/� C t.
iii
art7 Kirk eyer
APPROVEDAST� •� 4: ,0 i cti l
\ ' R
�� David E. Long )
Co ,Gnt Attorney EXCUSED 6/
Douglas Rademacher
Date of signature: DEC 2 0 2012
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WELLS RANCH, LLLP
USR12-0038
1. A Site Specific Development Plan and Use By Special Review Permit, USR12-0038, is
for a Mineral Resource Development Facility, including an Oil and Gas Support and
Service Facility (oil and gas roust-a-bout business) 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 full-time, on-site employees shall be limited to six (6) full-time employees,
as stated in the application.
4. The facility operates twenty-four (24) hours a day, seven (7) days a week.
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. The applicant shall comply with all provisions of the State Underground and Above
Ground Storage Tank Regulations. In accordance with the Underground and Above
Ground Storage Tank Regulations (7 CCR 1101-14), a spillage retention berm shall be
constructed around the above ground fuel tanks. The volume retained by the spillage
berm should be greater than the volume of the largest tank inside the berm. Alternative
protective measures may be allowed, provided they comply with the Above Ground
Storage Tank Regulations.
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
Non-specified Zone, 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 Prntartinn n =nry
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13. All potentially hazardous chemicals must be handled in a safe manner, in accordance
with product labeling, and that minimizes the release of Hazardous Air 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 (I.S.D.S.).
16. In the event the facility's water system serves more 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.
17. The Spill Prevention, Control and Countermeasure Plan shall be available on the site, at
all times.
18. 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.
19. A building permit will be required for any new construction, alteration, or addition to any
building on the property.
20. 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.
21. Prior to the release of the building permit, the applicant shall submit evidence of
approval from the Galeton Fire Protection District to the Weld County Department of
Building Inspection.
22. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
23. 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.
24. 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.
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25. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
26. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
27. 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.
28. 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.
29. 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 stated herein and all applicable Weld
County regulations.
30. 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.
31. Weld County is not responsible for the maintenance of on-site drainage related features.
32. 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.
33. 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.
34. 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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