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RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR11-0010, FOR AN OIL AND GAS SUPPORT FACILITY (ROUST-A-
BOUT, EXCAVATING AND PORT-A-LET SERVICE) IN THE A (AGRICULTURAL)
ZONE DISTRICT-JEFFREY RECK
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 Jeffrey Reck, 17240 County Road 48, LaSalle, Colorado 80654, for a
Site Specific Development Plan and Use by Special Review Permit, USR11-0010, for an Oil and
Gas Support Facility (roust-a-bout, excavating and port-a-let service) in the A (Agricultural) Zone
District, on the following described real estate, being more particularly described as follows:
Subdivision Exemption #1015; being part of the
NW1/4 NW1/4 of Section 12, Township 4 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the following
reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.8 of the Weld County Code as follows:
a. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
Section 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
reasonably obtainable." The Roust-a-bout, Excavating and Port-a-let
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.
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(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 seed production, agriculture, including the
Miller Feedlot to the north and near oil and gas encumbrances.
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 site is a Subdivision Exemption parcel of 2.81 acres, with historic use
encumbrances, including a single family dwelling and a large metal
skinned outbuilding. The U.S.D.A. Soils Maps of Prime Farmlands of
Weld County, dated 1979, indicate the soils on this property as "prime".
There is no irrigation water associated with the parcel. The surrounding
properties are primarily in agricultural production or part of the Miller
Feedlot. The applicant is proposing an on-site septic system and the
water will be provided by an individual commercial well. The Division of
Water Resources, in the referral dated September 14, 2011, stated,
. permit no. 286507 may be utilized for drinking and sanitary facilities
for a commercial business. Water from the well cannot be used for lawn
or landscape irrigation or for any other purpose outside of the business
building structure. This would prohibit the use of water for equipment
washing (including portable toilets) or dust suppression."
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. The property is
currently in violation (COMP11-00092), due to the operation of Waste
Logistics, LLC, and associated commercial storage, without the
necessary Weld County Zoning Permits. This complaint was received
through the Department of Public Works. Since the applicant has
submitted this application while the case is still in the complaint status, no
investigation fee is required, and once a plat is recorded, the violation will
be closed. There are four (4) property owners on four (4) parcels within
500 feet of this proposed facility. There have been no letters, electronic
mail, or 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.
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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 Greeley
and the Town's of LaSalle and Milliken. The City of Greeley did not return
a referral and the Towns of LaSalle and Milliken returned referrals
indicating no conflicts with their interests.
e. Section 23-2-230.B.5 -- The site does not lie within any Overlay Districts.
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. 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 County, dated 1979, designated
the soils on this property "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 23-2-230.6.7 -- 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 Jeffrey Reck, for a Site Specific Development
Plan and Use by Special Review Permit, USR11-0010, for an Oil and Gas Support Facility
(roust-a-bout, excavating and port-a-let 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 USR11-0010.
C. The plat shall be amended to delineate the following:
1) The attached Development Standards.
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2) County Road 48 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.
3) The applicant has supplied the Road Access Permit form.
Pictures at the entrance have been supplied as a part of the
application. A Weld County Traffic Engineer will evaluate the
Access Permit Application and accompanying documents. The
applicant shall show the approved access on the plat and label it
with the approved access permit number (AP11- #). This will be
provided when a revised application form and supporting
documents are received per the access permit application
requirements.
4) The applicant shall delineate the retention and drainage facilities
to be within a drainage easement which has been described on
the plat and labeled as a "No Build or Storage Area".
5) All off-street parking spaces, including the access drive, shall be
surfaced with recycled asphalt gravel, graded to prevent drainage
problems, and delineated on the plot plan map.
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 USR plat.
D. The applicant shall submit water quality calculations needed to determine
the size of the water quality feature. The applicant shall contact the
Department of Public Works for assistance in determining the size of the
water quality feature that will be needed.
E. The applicant must address the requirements/concerns of the Weld
County Department of Building Inspection, specifically addressing 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.
F. The applicant shall address the requirements/concerns of the Weld County
Department of Public Health and Environment, specifically:
1. The applicant shall provide a written statement to the Weld County
Department of Public Health and Environment, Environmental
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Health Services Division, regarding withdrawal of the solid waste
transfer station from the USR application.
2. The applicant shall submit a Dust Abatement Plan, detailing
on-site dust control measures, for review and approval, to the
Environmental Health Services Division of the Weld County
Department of Public Health and Environment.
3. An individual sewage disposal system is required for the proposed
facility and shall be installed according to the Weld County
Individual Sewage Disposal System (I.S.D.S.) Regulations. The
septic system is required to be designed by a Colorado registered
professional engineer according to the Weld County I.S.D.S.
Regulations.
4. Plans for the operations and associated structures for the portable
toilet washout area shall be submitted, for review and approval, to
the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. The portable toilet
washout area shall capture all effluent and prevent discharges
from the washing of portable toilets. The portable toilet washout
area and associated structures shall be designated on the plat.
5. The applicant 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
applicant may provide evidence from the CDL&E, Oil Inspection
Section, that they are not subject to these requirements.
6. 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
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).
7. Burning used oil generated by the facility for space heating in a
company-owned oil burner is allowed and is APEN and permit
exempt by the State air pollution regulations. However, since the
oil changes are performed at an off-site commercial repair shop,
and there is the potential for other used oil sources to be mixed
with the company's used oil, the company must have this
potentially non-exempt practice reviewed for permitting by the
Colorado Department of Public Health and Environment, Air
Pollution Control Division (APCD), before any such used oil is
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burned. If applicable, the applicant shall submit evidence of an Air
Pollution Emission Notice (A.P.E.N.) and Emissions Permit
application from the APCD. Alternately, the applicant may provide
evidence from the APCD that they are not subject to these
requirements.
8. The applicant shall address the concerns of the Colorado Division
of Water Resources, as stated in the referral dated September 14,
2011. Evidence of such shall be submitted to the Environmental
Health Services Division of the Weld County Department of Public
Health and Environment.
9. The applicant shall submit a Waste Handling Plan, for approval, to
the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. The plan shall
include, at a minimum, the following:
1) A list of wastes which are expected to be generated on the
site (this should include expected volumes and types of
waste generated).
2) A list of the type and volume of chemicals expected to be
stored on the site.
3) The waste handler and facility where the waste will be
disposed (including the facility name, address, and phone
number).
G. 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.
H. The applicant shall enter into an Improvements Agreement to cover
on-site and off-site improvements and road maintenance. Evidence of
approval by the Department of Public Works shall be submitted, in writing,
to the Weld County Department of Planning Services.
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
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(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.
5. Prior to the Release of Building Permits:
A. If more than one (1) acre is to be disturbed, a grading permit will be
required prior to the start of construction. The grading permit application
must contain: an erosion and sediment control plan, a grading plan,
installation details of all Best Management Practices (BMPs) to be
utilized, typical installation and maintenance notes for all BMPs to be
utilized, and a copy of the approved Colorado Department of Public
Health and Environment stormwater permit.
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 each structure that requires
a permit. Submittal plans shall include a floor plan showing the specific
uses of each area for 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, 2008
National Electrical Code, 2006 International Energy Code, 2006
International Fuel Gas Code, 2003 ANSI 117.1 Accessibility Code, and
Chapter 29 of the Weld County Code.
D. All building plans shall be submitted to the LaSalle 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.
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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. Provide evidence to the Weld County Department of Public Health &
Environment that a well has been appropriately permitted and installed to
provide for potable water and sanitary use for the facility.
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, CO)MRADDOO e�
ATTEST:-a � ,Barbara Kirkmeye4,O„),in
, Chair
Weld County Clerk to the Board• /7
El+co an P. Conway, Pro-Tem 1
BY: �rl►. . -�.. �. • 1
Deputy Cl: to the Board' .i ( ti a ��
am . Gar&
AP ED AS TO FO' : `%®p IT v�Q - � /
't LM is -vid E. Long
ount to ney .1► . .:. _ i ' YV'K2o
Dougl- Rademach:r
Date of signature: I - n- I a
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JEFFREY RECK
USR11-0010
1. The Site Specific Development Plan and Use by Special Review Permit, USR11-0010, is
for an Oil and Gas Support Facility (roust-a-bout, excavating and port-a-let 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. Burning used oil generated by the facility for space heating in a company-owned oil
burner is allowed and is APEN and permit exempt by the State air pollution regulations;
however, in the event the burning of other sources of off-site generated used oils is to be
conducted, the company must have this potentially non-exempt practice reviewed for
permitting by the Colorado Department of Public Health and Environment, Air Pollution
Control Division, before any such oil is burned.
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.
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12. 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.
13. Any portable toilet washout area shall capture all effluent and prevent discharges from
the washing of the portable toilets. The effluent shall be captured in a watertight tank
and hauled off for proper disposal. Records of installation, maintenance, and proper
disposal shall be retained.
14. The applicant shall comply with all provisions of the State Aboveground Storage Tank
Regulations.
15. The Spill Prevention, Control and Countermeasure Plan shall be available on the site, at
all times.
16. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
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 should 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. 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 48 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. There is an existing
concrete loading pad. The applicant shall utilize the existing access and departure
points.
21. Weld County shall not be responsible for the maintenance of on-site drainage related
facilities.
22. All structures shall require building permits.
23. 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
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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.
24. The number of employees associated with this facility is limited to twenty (20) persons.
25. 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.
26. 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.
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 twelve
(12) inches until the area is completely developed.
28. 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.
29. Weld County will not maintain on-site drainage related areas or medians. This must be
addressed by the land owner.
30. The applicant is required to comply with all Colorado Department of Public Health and
Environmental (CDPHE) regulations regarding berming and spill prevention for materials
and liquids stored on the site.
31. The applicant is required to comply with all Colorado Department of Public Health and
Environment, Water Quality Control Division, regulations regarding stormwater quality
permitting and protection and construction stormwater discharges.
32. This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal
Emergency Management Agency (FEMA).
33. 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.
34. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
35. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
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36. 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.
37. 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.
38. 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.
39. 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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