HomeMy WebLinkAbout20113109.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR11-0015, FOR AN OIL AND GAS SUPPORT FACILITY (WATER
HAULING, CONSTRUCTION AND EXCAVATING COMPANY), IN THE
A (AGRICULTURAL) ZONE DISTRICT - A. C. TRUCKING, LLC, CIO ELISEO
ALCANTAR
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 7th 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 A. C. Trucking, LLC, 15294 County Road 20, Fort Lupton, Colorado
80621, for a Site Specific Development Plan and Use by Special Review Permit, USR11-0015,
for an Oil and Gas Support Facility (water hauling, construction and excavating company) in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot A of Recorded Exemption #2609; being part of
the E1/2 NW1/4 of Section 22, Township 2 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Eliseo Alcantar, 1592
Conestoga Trail, Fort Lupton, Colorado 80621, 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 23-2-220.A.1 (A.Policy 7.1) states, "County land use regulations
should support commercial and industrial uses that are directly related to,
or dependent upon, agriculture, to locate within the agricultural areas,
when the impact to surrounding properties is minimal, or can be
mitigated, and where adequate services are currently available or
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reasonably obtainable." The roust-a-bout, construction, and excavating
service facility is presently in limited operation on the site and is located in
an area that allows good access to the oil field. Further,
Section 22-2-100.E (C.Goal 5) states, "Minimize the incompatibilities that
occur between commercial uses and surrounding properties." The
business is screened from public rights-of-way and adjacent properties to
the west and south. A three-strand barb wire fence exists at the
perimeter and the access is gated. Lands surrounding this facility are in
pastureland for the grazing of livestock and/or are utilized for rural
residential development. The parcel immediately adjacent to the south
has a Use by Special Review Permit (USR-1568), approved on
December 27, 2006, for an office and storage building for materials used
by oil and gas operations.
Section 22-2-20.B.2 (A.Policy 2.2) states, "Allow commercial and
industrial uses, which are directly related to, or dependent upon,
agriculture, to locate within agricultural areas when the impact to
surrounding properties is minimal or mitigated and where adequate
services and infrastructure are currently available or reasonably
obtainable. These commercial uses should be encouraged to locate in
areas that minimize the removal of agricultural land from production."
The parcel is Lot A of Recorded Exemption #2609, consisting of 4.68
acres, with physical improvements located on the site which will be
utilized in future operations. The surrounding properties are primarily
grazing lands with sparsely located single family homes and oil and gas
facilities. The applicant is proposing an on-site septic system and the
water will be provided by an individual commercial well. The well permit
(No. 74761-F), dated January 21, 2011, allows for the use of groundwater
for irrigation, domestic, and commercial use, including a 5,000-square-
foot garage and truck depot.
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 provides for Oil and Gas Support and Service 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. As previously
indicated, the site is bordered by agricultural uses, which are
predominately pasture with sparsely populated residential development.
There are four (4) property owners on (5) parcels within 500 feet of this
proposed facility. There are two residences on five (5) parcels within
2,640 feet of the facility. The Conditions of Approval and Development
Standards will ensure that this use will be compatible with surrounding
land uses.
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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 within three miles of the City of Fort
Lupton; however, the City did not return a referral.
e. Section 23-2-230.B.5 -- The site is not within the Airport, Flood Hazard, or
Geologic Hazard Overlay District, however the site is within the
County-Wide Road Impact Fee, the County Facility Fee, and the
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
Programs.
f. Section 23-2-230.6.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land for the proposed use. The U.S.D.A.
Soils Maps of Prime Farmlands of Weld, dated 1979, indicate that the
soils on this property are "prime, if irrigated"; however, there is no
irrigation water associated with the parcel. Given that the 4.68-acre
parcel contains improvements, the applicant is utilizing the property for
the highest and best use.
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
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 A. C. Trucking, LLC, c/o Eliseo Alcantar, for a
Site Specific Development Plan and Use by Special Review Permit, USR11-0015, for an Oil and
Gas Support Facility (water hauling, construction and excavating company) 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 USR11-0015.
C. The plat shall be amended to delineate the following:
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1) The attached Development Standards.
2) The approved Screening Plan. To address the parking of vehicles
and equipment, the outdoor storage of vehicles and equipment,
construction materials, and the trash dumpster associated with
this facility shall be screened from adjacent properties, including
the public rights-of-way.
3) County Road 20 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 applicant 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) The business will utilize the existing access from County Road 20.
Adequate (minimum 60-foot) truck turning radiuses are required at
the access. The applicant shall show the existing access on the
plat and label it with the approved Access Permit number (will be
provided).
5) All parking for this site must be off-street and 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.
6) A Stop sign will be required to be installed at the facility access
onto County Road 20. The access will have a 60-foot radius to
accommodate the larger trucks entering and exiting the site, as
well as a double cattle guard tracking pad improvement.
7) The plat shall reflect off-street parking spaces, including the
access drive, which shall be surfaced with gravel, asphalt,
concrete, or the equivalent and shall be graded to prevent
drainage problems.
8) The application materials did not include a Lighting Plan. Should
exterior lighting be a part of this facility, all light standards shall be
delineated on the plat.
D. The applicant shall submit an Access Permit for the property to the
Department of Public Works. Evidence of an approved access shall be
submitted to the Department of Planning Services.
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E. The applicant shall submit a Screening Plan to the Department of
Planning Services, for review and approval. With approval, the Screening
Plan information shall be graphically delineated on the plat.
F. The applicant shall address the requirements/concerns of the Weld
County Department of Building Inspection, specifically, the change of use
for each structure located on the property, as stated in the referral
response dated August 31, 2010. Evidence of such shall be submitted, in
writing, to the Weld County Department of Planning Services.
G. The applicant shall address the concerns of the Colorado Division of
Water Resources, as stated in the referral dated September 21, 2011.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
H. The applicant shall address the requirements/concerns of the Fort Lupton
Fire Protection District, as stated in the referral response dated
October 10, 2011. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
The applicant shall address the requirements/concerns of the Weld
County Department of Public Health and Environment, Environmental
Health Services Division; specifically:
1) The applicant shall submit a Dust Abatement Plan detailing on-site
dust control measures and how water is provided for dust control,
for review and approval, to the Environmental Health Services
Division of the Weld County Department of Public Health and
Environment.
2) In the event washing of vehicles will occur on the site, the
applicant shall ensure that any vehicle washing area(s) will
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 shall be designated on
the plat.
3) The water for truck filling must be obtained from a legal source.
The applicant shall provide written evidence that any water source
used in the water hauling operation is from an approved source.
4) The applicant shall submit a Waste Handling Plan, for review and
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:
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a) A list of wastes which are expected to be generated on the
site (this should include expected volumes and types of
waste generated).
b) A list of the type and volume of chemicals expected to be
stored on the site.
c) The waste handler and facility where the waste will be
disposed (including the facility name, address, and phone
number) as stated in the referral response dated
October 11, 2011. Evidence of such shall be submitted, in
writing, to the Weld County Department of Planning
Services.
J. The applicant shall enter into an Improvements Agreement to cover
on-site and off-site improvements and road maintenance. The applicant
will be responsible for providing dust control in front of homes along the
haul route and for any road damages attributed to hauling from the
property. Evidence of approval by the Department of Public Works shall
be submitted, in writing, to the Weld County Department of Planning
Services.
K. The applicant 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 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.
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.
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5. A minimum of one month prior to commencement of Construction Activities:
A. The applicant shall submit evidence of a Colorado Discharge Permit
System (CDPS) permit from the Colorado Department of Public Health
and Environment (CDPH&E), Water Quality Control Division, to cover
stormwater discharges from construction sites (5 CCR-1002-61).
Alternately, the applicant may provide evidence from the CDPH&E that
they are not subject to the CDPS requirements.
6. Prior to the Release of Building Permits:
A. A Certificate of Occupancy is required to be obtained before the proposed
use of the building is occupied.
B. Building permits shall be obtained prior to the construction or change of
use of any building. Buildings shall conform to the requirements of the
codes adopted by Weld County at the time of permit application. Each
building will require 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. The applicant shall provide a notification
letter of approval from the Fire Protection District having jurisdiction prior
to new construction.
C. A plan review is required for each building. Plans require the wet stamp
of a Colorado registered architect or engineer.
D. 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.
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.
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7. Prior to the Issuance of the 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 Regulations. The septic system is required to be designed by a
Colorado registered professional engineer, according to the Weld County
Individual Sewage Disposal System (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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 7th day of December, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: v I l vL-K.1 A 1-
Barbara Kirkmeyerhair,
Weld County Clerk to the Boar
'�% Sean P. C9n y ro-Tem
BY: Cr // G. 4 ! .t►1 �
Deputy Clerk to the -� l` =ate'% t♦� j
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m F. Garcia
AP D A ? R `. ® of c
David E. Long
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Date of signature: 0l73/Z
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
A. C. TRUCKING, LLC, CIO ELISEO ALCANTAR
USR11-0015
1. The Site Specific Development Plan and Use by Special Review Permit, USR11-0015, 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 applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
7. Any vehicle washing area(s) shall capture all effluent and prevent discharges from drum
washing and the washing of vehicles in accordance with the Rules and Regulations of
the Water Quality Control Commission, and the Environmental Protection Agency.
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
Commercial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
10. Adequate drinking, hand washing, and toilet facilities shall be provided for employees
and patrons 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. Adequate toilet facilities (portable toilets) and hand washing units shall be provided
during the construction of the facility.
13. Bottled water shall be utilized for drinking during construction of the project.
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14. 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).
15. 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
stored secure, on an impervious surface, and in accordance with manufacturer's
recommendations.
16. 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.
17. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
18. This application is proposing a well as its source of water. The applicant 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
limited to specific uses, i.e. domestic use only, etcetera. Also, 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.
19. Access to the site shall be from County Road 20 at the location designated by the
approved Access Permit.
20. 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.
21. 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.
22. Weld County shall not be responsible for the maintenance of on-site drainage related
facilities.
23. All structures shall require building permits.
24. 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
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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.
25. Hours of operation are 6:00 a.m., to 8:00 p.m., Monday through Sunday.
26. The number of employees associated with this facility is limited to twenty-four (24)
persons, as stated in the application materials.
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.
29. 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.
30. This area is not in a Special Flood Hazard Area (SFHA), as determined by the Federal
Emergency Management Agency (FEMA).
31. 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.
32. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
33. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
34. Necessary personnel from 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.
35. 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
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are permitted. Any other changes shall be filed in the office of the Department of
Planning Services.
36. 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.
37. 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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