HomeMy WebLinkAbout20110070.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1758 FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY
(ROUST-A-BOUT AND EXCAVATING SERVICES) IN THE A (AGRICULTURAL)
ZONE DISTRICT-JAVIER BARRON-SIXTOS
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 17th day
of November, 2010, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Javier Barron-Sixtos, 14494 County Road 22, P.O. Box 268, Fort
Lupton, Colorado 80621, for a Site Specific Development Plan and Use by Special Review
Permit#1758 for an Oil and Gas Support and Service Facility (roust-a-bout and excavating
service) in the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
Lot A of Recorded Exemption #2266; being part of
Section 16, Township 2 North, Range 66 West of
the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the Board deemed it advisable to continue the matter to
December 22, 2010, and then again to January 5, 2011, and
WHEREAS, at said hearing on January 5, 2011, the applicant was present and
represented by Rosalinda Barron, 1205 Columbine Street, Unit 2, Johnstown, Colorado 80534,
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 23-2-230.0 of the Weld County Code as follows:
a. Section 23-2-230.8.1 -- The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect.
Section 22-2-20.G.1 (A.Policy 7.1) states, "County land use regulations
should support commercial and industrial uses that are directly related to,
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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
reasonably obtainable." The roust-a-bout and excavating service facility
is presently in 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 entire business is screened from
public rights-of-way and adjacent properties. Lands surrounding this
facility are in pastureland for the grazing of livestock, and/or are utilized
for the growing and sales of plant materials associated with a nursery.
Section 22-2-20.6.2 (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 site is Lot A of Recorded Exemption #2266, which consists of 3.12
acres with historic use encumbrances. The U.S. Department of
Agriculture, Soils Maps of Prime Farmlands of Weld County, dated 1979,
indicates the soils on this property as "other" and "prime if irrigated" in
equal areas. There is no irrigation water associated with the parcel.
The surrounding properties are primarily grazing lands, with sparsely
located single family homes, oil and gas facilities, and a plant nursery to
the north. The applicant is proposing an on-site septic system and the
water will be provided by an individual commercial well. The Colorado
Division of Water Resources, in the referral dated August 19, 2010, stated
Well No. 28967-A cannot be used to serve the site and a commercial well
must be obtained. The applicant filed a well permit application, Receipt
No. 3646567, to change Well Permit No. 28967-A from domestic to
commercial purposes. On August 19, 2010, the application was returned
to the applicant for additional information. There has been no additional
correspondence pertaining to this case as of the date this report was
prepared.
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 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. Previously, the
property was in violation (ZCV09-00038) for the operation of a
roust-a-bout company without an approved and recorded Use by Special
Review (USR) permit; however, the violation will now be closed once the
Conditions of Approval are met, and the plat is recorded. The site is
bordered by agricultural uses, which are predominately pasture with
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sparsely populated residential development. There are four (4) property
owners on (4) parcels within 500 feet of this proposed facility. There are
five (5) residences on eight (8) parcels within 1,000 feet of the facility.
There have been no letters or electronic mail received and no telephone
calls received for this land use proposal. The Conditions of Approval and
Development Standards will ensure that this use will be compatible with
surrounding land uses.
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 (3) miles of the City of Fort
Lupton. The City did not return a referral indicating a conflict with its
interests.
e. Section 23-2-230.B.5 -- The site does not lie within any Overlay Districts.
Effective January 1, 2003, building permits issued on the subject site will
be required to adhere to the fee structure of the County-wide Road
Impact Fee Program. Effective August 1, 2005, building permits issued
on the subject site will be required to adhere to the fee structure of the
Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
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.
Department of Agriculture, Soils Maps of Prime Farmlands of Weld
County, dated 1979, designated the soils on this property as "prime";
however, given that the 3.12-acre parcel contains the improvements from
the historic agricultural use, 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, 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 Javier Barron-Sixtos, for a Site Specific
Development Plan and Use by Special Review Permit #1758 for an Oil and Gas Support and
Service Facility (roust-a-bout 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:
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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 USR-1758.
C. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The approved Screening Plan, which shall address the parking of
vehicles and equipment, and the outdoor storage of materials,
including the trash dumpster associated with this facility which
shall be screened from adjacent properties, including the public
rights-of-way.
3) County Road 22 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 sixty (60) feet of
right-of-way. An additional forty (40) feet shall be delineated on
the plat as future County Road 22 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 retention and drainage facilities shall be within a drainage
easement which has been described on the plat and labeled as a
"No Build or Storage Area".
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) 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, to the Department of Public Works, an Access
Permit for the property. Evidence of an approved access shall be
submitted to the Weld County Department of Planning Services.
E. The applicant shall address the requirements and concerns of the
Colorado Division of Water Resources, as stated in the referral response
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dated August 19, 2010. Evidence of such shall be submitted, in writing,
to the Weld County Department of Planning Services.
F. 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.
G. The applicant shall address the requirements and 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.
H. The applicant shall address the requirements and concerns of the Fort
Lupton Fire Protection District, as stated in the referral response dated
September 10, 2010. Evidence of such shall be submitted, in writing, to
the Weld County Department of Planning Services.
The applicant shall submit payment for the administrative fee associated
with the requested continuance of the Planning Commission hearing for
land use case number USR-1758 for Javier Barron-Sixtos, applicant.
J. The applicant shall address the requirements and concerns of the Weld
County Department of Public Health and Environment, specifically:
1) The applicant shall submit a Dust Abatement Plan, detailing
on-site dust control measures and how water is provided for dust
control, to the Environmental Health Services Division of the Weld
County Department of Public Health and Environment, for review
and approval.
2) In the event the applicant intends to utilize the existing septic
system at the home for business use, the septic system shall be
reviewed by a Colorado registered professional engineer. The
review shall consist of observation of the system and a technical
review describing the system's ability to handle the proposed
hydraulic load. The review shall be submitted to the
Environmental Health Services Division of the Weld County
Department of Public Health and Environment. In the event the
system is found to be inadequately sized or constructed, the
system shall be brought into compliance with current regulations.
3) The applicant shall submit written evidence from the Colorado
Division of Water Resources, demonstrating that the well (Permit
#28967-A) is appropriately permitted for the proposed business
use. Unless the well permit is properly amended, employees may
not reside at the place of business.
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4) 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:
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
September 3, 2010. Evidence of such shall be submitted,
in writing, to the Weld County Department of Planning
Services.
K. The applicant shall submit a Lighting Plan to the Department of Planning
Services, for review and approval. With approval, the Lighting Plan
information shall be graphically delineated on the plat.
L. The applicant shall enter into an Improvements Agreement to cover
on-site and off-site improvements and road maintenance. Evidence of
Department of Public Works approval shall be submitted, in writing, to the
Weld County Department of Planning Services.
M. 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.
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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. A Certificate of Occupancy is required to be obtained before the proposed
use of the building is occupied.
B. An application and building permit is required for each structure that is
constructed or has a change of use. A plan review is required for each
building or structure for which a building permit is required. Two complete
sets of plans are required when applying for each permit. The applicant
shall include a Code Analysis Data Sheet for the Weld County
Department of Building Inspection for each structure that requires a
permit. Submittal plans shall include a floor plan showing the specific
uses of each area of the building. Plans shall bear the wet stamp of a
Colorado licensed architect or engineer.
C. Buildings 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, 2008
National Electrical Code, 2003 ANSI 117.1 Accessibility Code, and
Chapter 29 of the Weld County Code.
D. All building plans shall be submitted to the Fort Lupton Fire Protection
District, for review and approval, prior to the issuance of building permits.
E. A building permit shall be obtained prior to the construction of any new
building.
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. The applicant shall provide evidence to the Weld County Department of
Public Health and Environment that a well has been appropriately
permitted and installed to provide for potable water and sanitary use for
the facility.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of January, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, 7rADO
ATTEST arc1ti
" arbara Kirkmeyer,
Weld County Clerk to the r L` ��,
1861 '� '4 Sean P. Con�wa , Pro-Tem
BY: ;
Deputy Clerk to the Boa
`C J arciC
D AS •
D �J(
David E. Long Cgs,/
ounty Attorney
Douglas Rademach r
//
Date of signature: /^21-)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JAVIER BARRON-SIXTOS
USR#1758
1. The Site Specific Development Plan and Use by Special Review Permit #1758 is for an
Oil and Gas Support Facility (roust-a-bout 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. 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.
8. 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.
9. 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 Protection Agency.
10. 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 and volatile organic compounds. All chemicals must be stored secure, on an
impervious surface, and in accordance with manufacturer's recommendations.
11. Adequate hand washing and toilet facilities shall be provided at all times.
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12. Sewage disposal for the facility shall be by septic system. Any septic system located on
the property must comply with all provisions of the Weld County Code, pertaining to
Individual Sewage Disposal Systems.
13. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
14. 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, etc. 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. We strongly encourage the
applicant to test the drinking water prior to consumption and periodically test it over time.
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 22 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. There is an existing
concrete loading pad. The applicant 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 for the field crews are limited to 5:30 a.m., until 6:30 p.m., Monday
through Saturday.
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23. Hours of operation for the Administrative Office are limited to 8:00 a.m., to 5:30 p.m.,
Monday through Friday.
24. The number of employees associated with this facility is limited to forty (40).
25. Effective January 1, 2003, building permits issued on the lot will be required to adhere to
the fee structure of the County-wide Road Impact Fee Program.
26. Effective August 1, 2005, building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
27. 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 12 inches until the area is completely developed.
28. 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.
29. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
30. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
31. Weld County Government personnel 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 Development Standards stated herein and all applicable Weld County regulations.
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.
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