HomeMy WebLinkAbout20112869.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR11-0011, FOR AN OIL AND GAS SUPPORT FACILITY
(ROUST-A-BOUT, CONSTRUCTION AND EXCAVATING SERVICE) IN THE
A (AGRICULTURAL) ZONE DISTRICT - TODD AND RHONDA AMEN
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 26th day
of October, 2011, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Todd and Rhonda Amen, 24138 County Road 38, LaSalle, Colorado
80645, for a Site Specific Development Plan and Use by Special Review Permit, USR11-0011,
for an Oil and Gas Support Facility (roust-a-bout, construction and excavating service) 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 6, Township 3 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the Board deemed it advisable to continue the matter to
November 2, 2011, at the request of the applicants due to a scheduling conflict, and
WHEREAS, at said hearing on November 2, 2011, the applicants were present and
represented by Sheri Lockman of Lockman Land Consulting, LLC, 36509 County Road 41,
Eaton, Colorado 80615, 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 applicants 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 applicants have
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 ordinances in effect.
b. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
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SPECIAL REVIEW PERMIT (USR11-0011) -TODD AND RHONDA AMEN
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c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses.
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
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities.
e. Section 23-2-230.6.5 --The site does not lie within any Overlay Districts.
f. Section 23-2-230.6.6 -- The applicants have demonstrated a diligent
effort to conserve prime agricultural land in the locational decision for the
proposed use.
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 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 Todd and Rhonda Amen, for a Site Specific
Development Plan and Use by Special Review Permit, USR11-0011, for an Oil and Gas
Support Facility (roust-a-bout, construction and excavating service) 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 prepared, per Section 23-2-260.D of the Weld County
Code.
B. All sheets of the plat shall be labeled USR11-0011.
C. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) County Road 38 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. All setbacks shall be measured from the edge of
future right-of-way. The applicants shall verify the existing
right-of-way and the documents creating the right-of-way. If the
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right-of-way cannot be verified, it shall be dedicated. This road is
maintained by Weld County.
3) County Road 49 is designated on the Weld County Road
Classification Plan as an arterial road, which requires 140 feet of
right-of-way at full buildout. There is presently 60 feet of
right-of-way. An additional forty (40) feet shall be delineated on
the plat as future County Road 49 right-of-way. All setbacks shall
be measured from the edge of future right-of-way. The applicants
shall verify the existing right-of-way and the documents creating
the right-of-way. If the right-of-way cannot be verified, it shall be
dedicated. This road is maintained by Weld County.
4) All parking for this site must be off-street, internal, and delineated
on the plot plan map. Each parking space shall be equipped with
wheel guards, or curb blocks, to prevent vehicles from coming into
contact with walls or other structures.
5) The business will utilize the existing access from County Road 38.
Adequate truck turning radiuses (minimum 45-foot) are required at
the access. The existing accesses shall be shown on the plat and
labeled with the approved Access Permit number (will be
provided).
6) A water quality feature design has been provided and is
acceptable. The boundaries of the Water Quality Area shall be
delineated on the plat and labeled as "Water Quality — No Build or
Storage Area".
D. The applicants shall address the requirements/concerns of the Colorado
Division of Water Resources, as stated in the referral response dated
August 18, 2011. Written evidence of compliance shall be submitted to
the Department of Planning Services.
E. The applicants shall address the requirements/concerns of the Weld
County Department of Public Health and Environment, specifically:
1. The applicants shall submit evidence of an Aboveground Storage
Tank Permit from the Colorado Department of Labor and
Employment (CDL&E), Oil Inspection Section, for any
aboveground storage tanks located on the site. Alternately, the
applicants may provide evidence from the CDL&E, Oil Inspection
Section, that they are not subject to these requirements.
2. A signed copy of the Spill Prevention, Control and
Countermeasure Plan (SPCCP) shall be provided to the
Environmental Health Services Division of the Weld County
Department of Public Health and Environment, in accordance with
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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).
F. The applicants shall submit three (3) paper copies of the plat, for
preliminary approval, to the Weld County Department of Planning
Services.
2. Upon completion of Condition of Approval #1 above, the applicants 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
applicants 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.
4. In accordance with Weld County Code Ordinance #2005-7, approved June 1,
2005, should the plat not be recorded within the required sixty (60) days from the
date of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge may be added for each additional three (3) month period.
5. Prior to the Release of Building Permits:
A. Building permits shall be obtained prior to the construction of any
structure or change of use of any building.
B. A plan review is required for each building. Plans require the wet stamp
of a Colorado registered architect or engineer.
C. Buildings shall conform to the requirements of the codes adopted by Weld
County at the time of permit application. Current adopted codes include
the 2006 International Residential Code, 2006 International Building
Code, 2006 International Mechanical Code, 2006 International Plumbing
Code, 2006 International Fuel Gas Code, 2006 International Energy
Conservation Code, 2008 National Electrical Code, and Chapter 29 of the
Weld County Code.
D. Each building will require an engineered foundation based on a
site-specific Geotechnical Report or an open hole inspection performed
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by a Colorado registered engineer. Engineered foundations shall be
designed by a Colorado registered engineer.
E. Fire resistance of walls and openings, construction requirements,
maximum building height, and allowable areas will be reviewed at the
plan review. Setback and offset distances shall be determined by the
Weld County Code.
F. Building height shall be measured in accordance with the 2006
International Building Code for the purpose of determining the maximum
building size and height for various uses and types of construction and to
determine compliance with the Bulk Requirements from Chapter 23 of the
Weld County Code. Building height shall be measured in accordance
with Chapter 23 of the Weld County Code in order to determine
compliance with offset and setback requirements. Offset and setback
requirements are measured to the farthest projection from the building.
G. Prior to any new construction, the applicants shall provide a letter of
notification from the Fire Protection District having jurisdiction.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 2nd day of November, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WE,IID COUNTY, COLORADO
ATTEST:`�.0 l cl /4
'Bgrbara Kirkmeyer, Chair
Weld County Clerk to the Board
EXCUSED
E p „ an P. Conway, Pro-Tem
BY: 7
Deputy C k to the Boar
�c " Garcla�
APPROVED AS 4 :
h A avid E. Long,
ounly ttorney Ing
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DouglVs Rademacher
Date of signature: II-F-//
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TODD AND RHONDA AMEN
USR11-0011
1. The Site Specific Development Plan and Use by Special Review Permit, USR11-0011, is
for an Oil and Gas Support Facility (roust-a-bout, construction, and excavating service)
in the A (Agricultural) Zone District, as indicated in the application materials on file and
subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. 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.
4. 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.
5. 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.
6. The applicants shall operate in accordance with the approved Waste Handling Plan, at
all times.
7. The applicants shall comply with all provisions of the State Aboveground Storage Tank
Regulations.
8. 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.
9. This facility shall adhere to the maximum permissible noise levels allowed in the
Residential Non-specified Zone, as delineated in Section 14-9-30 of the Weld County
Code.
10. Adequate drinking, hand washing, and toilet facilities (bottled water and portable toilets
are acceptable based on the number of temporary on-site employees per application
documentation) shall be provided for employees of the facility, at all times.
11. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
12. This application is proposing a well as its source of water. The applicants shall be made
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
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limited to specific uses, i.e. domestic use only, etc. Also, the applicants 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 applicants are strongly
encouraged to test their drinking water prior to consumption and periodically test it over
time.
13. All 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 stored secure, on an
impervious surface, and in accordance with manufacturer's recommendations.
14. The Spill Prevention, Control and Countermeasure Plan shall be available on the site, at
all times.
15. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
16. Access to the site shall be from County Road 38 at the location as designated by the
approved Access Permit.
17. The off-street parking spaces, including the access drive, shall be surfaced with gravel
or the equivalent and shall be graded to prevent drainage problems. The applicants
shall utilize the existing access and departure points.
18. The historical flow patterns and runoff amounts will be maintained on the site in such a
manner that 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. Weld County shall not be responsible for the maintenance of on-site drainage related
facilities.
20. All structures shall require building permits.
21. Any lighting, including light from high temperature processes such as welding or
combustion, shall be designed, located, and operated in such a manner as to meet the
following standards: sources of light shall be shielded so that beams or rays of light will
not shine directly onto adjacent properties; 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; and no colored lights may be used which may be confused with, or
construed as, traffic control devices.
22. Hours of operation are 24 hours a day, 7 days a week.
23. The number of employees associated with this facility is limited to eleven (11) persons,
as stated in the application documents.
24. Effective April 25, 2011, building permits issued on the proposed lots will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
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25. Effective April 25, 2011, building permits issued on the proposed lots will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee
Programs.
26. 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 applicants/landowners 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.
27. 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.
28. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
29. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
30. 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.
31. 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.
32. 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.
33. 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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