HomeMy WebLinkAbout20113161.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR11-0002, FOR OIL AND GAS SUPPORT AND SERVICE (ON-SITE
STORAGE/STAGING OF WORK VEHICLES, TRAILERS, EQUIPMENT AND
SUPPLIES FOR SERVICING OIL AND GAS) IN THE A (AGRICULTURAL) ZONE
DISTRICT- ROBERT DEVOE
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 14th day
of December, 2011, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Robert Devoe, 26015 County Road 46, P.O. Box 299, Kersey,
Colorado 80644, for a Site Specific Development Plan and Use by Special Review Permit,
USR11-0002, for Oil and Gas Support and Service (on-site storage/staging of work vehicles,
trailers, equipment and supplies for servicing oil and gas) in the A (Agricultural) Zone District, on
the following described real estate, being more particularly described as follows:
Lot A of Recorded Exemption #2452; being part of
the SW1/4 of Section 9, Township 4 North, Range
64 West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present and represented by Christina
Marquez, 217 7th Street, Kersey, Colorado 80644, 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 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
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."
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SPECIAL REVIEW PERMIT (USR11-0002) - ROBERT DEVOE
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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."
Section 22-2-20.1.5 (A.Policy 9.5) states, "Applications for a change of
land use in the agricultural areas should be reviewed in accordance with
all potential impacts to surrounding properties and referral agencies."
Section 22-2-100.A.3 (OG.Policy 1.3) states, "Ensure that tax revenues
for all oil and gas operations (including disposal well oil operations) are
properly collected."
The site is located adjacent to an existing injection well facility
(3rd AMUSR-996) and a number of Conditions of Approval and
Development Standards (screening requirements, hours of operation, a
maximum number of employees, etcetera) are being required to ensure
that the use is compatible with the surrounding area.
b. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Per Section 23-2-40.A.2 of the Weld
County Code, Oil and Gas Support and Service (on-site storage/staging
of work vehicles, trailers, equipment and supplies for servicing oil and
gas) is 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 site is located
immediately to the east of an injection well facility (3rd AMUSR-996);
three (3) residences are located approximately 350 feet to the south of
the site, approximately 800 feet to the north of the site, and approximately
1,000 feet to the southwest of the site; agricultural land is immediately to
the east of the site; and a 4,000-head dairy facility (AMUSR-1140) is
located approximately 1,000 feet to the west. This USR is to correct a
zoning violation (ZCV11-00011) for the presence of a commercial
operation without first obtaining the necessary Weld County Zoning
Permits. This complaint was initiated upon an inspection of an almost
adjacent violation case turned in by a private citizen. Upon recording of
the final plat, the violation will be dismissed. Given the proximity to the
residences, staff is proposing a number of Conditions of Approval and
Development Standards to address/ensure compatibility with adjacent
land uses. The applicant has met the Lighting Plan requirement and Staff
has been instructed to requiring screening of the outside storage and
parking area from the adjacent residences and to take input from the
neighbors into consideration. Additionally, Development Standards
outline noise standards and limit the number of employees. No phone
calls, e-mails, or letters have been received from surrounding property
owners regarding this application.
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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 located outside of the three-mile referral area
of a municipality.
e. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. 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.B.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The proposed use is located on a property that
encompasses five (5) acres and has existing structures and parking/traffic
circulation areas.
g. Section 23-2-230.6.7 — The attached Conditions of Approval and
Development Standards will provide adequate provision for the protection
of the health, safety, and welfare of the inhabitants of the neighborhood
and Weld County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Robert Devoe, for a Site Specific Development
Plan and Use by Special Review Permit, USR11-0002, for Oil and Gas Support and Service
(on-site storage/staging of work vehicles, trailers, equipment and supplies for servicing oil and
gas) in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby
is, granted subject to the following conditions:
1. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR11-0002.
B. The attached Development Standards.
C. The plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code.
D. 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
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shall be designed and used in a manner that will prevent trash from being
scattered by wind or animals.
E. County Road 46 is designated on the Weld County Road Classification
Plan as a local gravel/local paved road, which requires 60 feet of
right-of-way at full buildout. 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.
F. County Road 53 is designated on the Weld County Road Classification
Plan as a collector road, which requires 80 feet of right-of-way at full
buildout. There is presently 60 feet of right-of-way. A total of 40 feet from
the centerline of County Road 53 shall be indicated as the edge of future
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, as well
as the edge of future right-of-way for County Road 53. 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.
G. The plat shall delineate the approved Screening Plan.
H. The plat shall delineate the approved Lighting Plan.
The applicant shall show the existing accesses on the plat and label them
with the Access Permit number(will be provided).
2. The applicant shall address the requirements/concerns of the Weld County
Department of Building Inspection, as stated in the referral response dated
October 3, 2011. Complete building permit applications shall be submitted for
the 70-foot by 80-foot storage building and for a Change of Use from an
Agricultural Exempt building to an Industrial/Commercial building.
3. The applicant shall enter into an Improvements and Road Maintenance
Agreement regarding dust control on County Road 46 from the site entrance to
County Road 53. The agreement shall be reviewed by County staff and
accepted by the Board of County Commissioners prior to recording the USR plat.
4. The applicant shall submit documentation from the Central Weld County Water
District indicating that the existing tap is sufficient for the commercial operations.
5. The applicant shall submit a Screening Plan to the Department of Planning
Services, for review and approval. Outdoor parking and storage associated with
the proposed use shall be completely screened by a six-foot high opaque fence
(or other equivalent screening material).
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6. Upon completion of Conditions of Approval #1 through #6 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 sixty (60) days from the date of the Board
of County Commissioners Resolution. The applicant shall be responsible for
paying the recording fee.
7. In accordance with Weld County Code Ordinance #2006-7, approved June 1,
2006, 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 shall be added for each additional three (3) month period.
8. 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.
9. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits associated with the proposed Use by Special Review Permit 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.
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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 December, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL DO
ATTEST:�� B jA (LV &7�-���t:
Barbara Kirkmeyer, hair
Weld County Clerk to the Board
EXCUSED
est". Sean P. •n =y, Pro-Tem
BY: p .,O: lE ine'
Deputy CI k to the Boar- 4 „p,
,"aap111 liF. Garci 6 r
VEDcvl
David E. Long
ounty Attorney j chch:, IrO h-1O eke-
Douglas F2ademacher
Date of signature: 1 --1%-la
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ROBERT DEVOE
USR11-0002
1. A Site Specific Development Plan and Use by Special Review Permit, USR11-0002, is
for Oil and Gas Support and Service (on-site storage/staging of work vehicles, trailers,
equipment and supplies for servicing oil and gas) 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 outside employees (not including the owner and those residing on the
property) shall be limited to forty (40), as stated in the application materials.
4. 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.
5. 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.
6. 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.
7. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
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
Agricultural Zone District, as delineated in Section 14-9-30 of the Weld County Code.
10. All potentially hazardous chemicals must be handled in a safe manner in accordance
with product labeling. All chemicals must be stored secure, on an impervious surface,
and in accordance with manufacturer's recommendations.
11. Adequate drinking, hand washing, and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
12. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
13. The facility shall utilize the existing public water supply (Central Weld County Water
District).
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14. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
15. Building permits shall be obtained prior to the construction or change of use of any
building. Buildings that meet the definition of an Agricultural Exempt Building, per the
requirements of the Weld County Code, do not need building permits; however a
Certificate of Compliance must be filed with the Department of Planning Services and an
electrical and/or plumbing permit is required for any electrical or water for watering or
washing of livestock or poultry.
16. A plan review is required for each building, except for buildings that meet the definition of
Agricultural Exempt buildings. Plans may require the wet stamp of a Colorado
registered architect or engineer.
17. Buildings shall conform to the requirements of the codes adopted by Weld County at the
time of permit application. Current adopted codes include: 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.
18. Each building will require wet stamped engineered drawings and an engineered
foundation based on a site-specific Geotechnical Report or an open hole inspection
performed by a Colorado registered engineer. Engineered foundations shall be
designed by a Colorado registered engineer.
19. 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.
20. 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.
21. The applicant shall provide a letter of notification from the Fire Protection District having
jurisdiction prior to any new construction.
22. 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.
23. 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.
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24. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
25. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
26. 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.
27. The screening on the site shall be maintained in accordance with the approved
Screening Plan.
28. 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.
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 Standards 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.
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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.
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