HomeMy WebLinkAbout20120514.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR11-0019, FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY
(COMMERCIAL WATER SALES) IN THE A (AGRICULTURAL) ZONE DISTRICT -
KENNETH EVERITT, C/O A & W WATER SERVICE, 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 22nd day
of February, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Kenneth Everitt, 45571 County Road 118, Grover, Colorado 80729,
do A & W Water Service, Inc., Attn: Jeff Wright, P. O. Box 887, Fort Lupton, Colorado 80621,
for a Site Specific Development Plan and Use by Special Review Permit, USR11-0019, for an
Oil and Gas Support and Service Facility (commercial water sales) in the A (Agricultural) Zone
District, on the following described real estate, being more particularly described as follows:
Subdivision Exemption, SUBX11-0005; being part
of the SE1/4 of Section 10, Township 10 North,
Range 61 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Linn Leeburg, Leeburg
and Associates, 707 Hawthorn Avenue, Boulder, Colorado 80304, 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 23-2-230.8 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.
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, Division of Water Resources, has
permitted two (2) wells (well permit number 12873-FP for commercial and
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SPECIAL REVIEW PERMIT (USR11-0019) - KENNETH EVERITT, CIO A & W WATER
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industrial uses and 13379-FP for irrigation uses, respectively). Well No.
12873-FP will be utilized for commercial use in Weld County, via truck
hauling.
b. Section 23-2-230.6.2 -- 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 for an Oil and Gas Support and Service
Facility (commercial water sales) 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 facility is located
in a rural agricultural area on a Subdivision Exemption parcel
(SUBX11-0004) containing no improvements other than an existing well
and several temporary water tanks. The remaining property includes a
residence and several outbuildings. Adjacent properties to the north,
south, and east are mainly utilized for grazing of cattle and dryland
pasture. The Town of Grover is approximately 2.3 miles to the northwest
(as the crow flies). The nearest residence in the unincorporated area is
approximately 6.7 miles to the east. The Weld County Department of
Planning Services has not received any comments from the surrounding
property owners. The Conditions of Approval and Development
Standards will ensure that this use will be compatible with surrounding
land uses.
d. Section 23-2-230.8.4 -- 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 for the
Town of Grover which submitted a referral response, dated November 23,
2011, stating, "In an effort to stay consistent in our comments on the
referrals we have received in the past few months, we are continuing to
state our concerns regarding the water supply in our area. , Based on the
monitoring we have done over the last year and one-half, our water table
has not been affected by the water facilities already in operation, but if
other larger facilities come in, we do not know what effect that will have.
We are also concerned about the impact traffic is having on WCR 390.
We do realize, however, that this is hard to gage and depends on the
demand for water at any given time, and how many facilities are operating
and using this road." As a Condition of Approval, the applicant will need
to address the concerns of the Town of Grover. The applicant submitted
a Dust Control Plan, which they will be required to adhere to.
e. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The existing site is within the
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County-Wide Road Impact Fee Area and the Capital Expansion Impact
Fee and Drainage Impact Fee areas. 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.
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
"High Potential Dry Cropland - Prime if they become Irrigated", per the
1979 Soil Conservation Service Important Farmlands of Weld County
Map. The size of the parcel is 160 acres and a large majority of the
property will retain the center pivot for irrigation.
g. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the 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 Kenneth Everitt, do A & W Water Service, Inc.,
for a Site Specific Development Plan and Use by Special Review Permit, USR11-0019, for an
Oil and Gas Support and Service Facility (commercial water sales) 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 attempt to address the requirements of the Town of
Grover, as stated in the referral received November 23, 2011. Written
evidence of such shall be provided to the Department of Planning
Services.
B. The applicant shall enter into a Private Improvements 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.
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C. 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).
D. The applicant shall either submit a copy of an agreement with the
property's mineral owner/operators stipulating that the oil and gas
activities have been adequately incorporated into the design of the site, or
show evidence that an adequate attempt has been made to mitigate the
concerns of the mineral owner/operators. Drill envelopes may be
delineated on the plat, in accordance with the State requirements, as an
attempt to mitigate concerns. The plat shall be amended to include any
possible future drilling sites.
E. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR11-0019.
2) The plat shall be prepared per Section 23-2-260.D of the Weld
County Code.
3) The attached Development Standards.
4) The existing western access point (entrance) labeled with the
Access Permit number (AP11-00483).
5) Access improvements are required and shall include 60-foot radii
to accommodate turning trucks.
6) County Road 118 is designated on the County Road Classification
Plan as a local gravel road, which requires 60 feet of right-of-way
at full buildout. There is presently a 60-foot right-of-way. All
setbacks shall be measured from the edge of future right-of-way.
This road is maintained by Weld County.
7) The applicant shall delineate the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
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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 sixty (60) 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of February, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: 5 - . � j (P-
Sean . Conwahair
Weld County Clerk to the Board
�� William F. Garcia,_Pro-Tem
BY: A•_
Deputy t -rktothe Bo -
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avid E. Long
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Date of signature: J"9-1-/
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KENNETH EVERITT,
CIO A &W WATER SERIVCE, INC.
USR11-0019
1. A Site Specific Development Plan and Use by Special Review Permit, USR11-0019, is
for an Oil and Gas Support and Service Facility (commercial water sales) 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-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 drinking, hand washing, and toilet facilities shall be provided for employees
and patrons of the facility, at all times. Bottled water, portable toilets and hand washing
units are acceptable.
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
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
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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. Weld County is not responsible for the maintenance of on-site drainage related features.
15. 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.
16. 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
twelve (12) inches until the area is completely developed.
17. The landscaping/screening on the site shall be maintained in accordance with the
approved Landscape/Screening Plan.
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; and 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 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 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.
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
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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.
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