HomeMy WebLinkAbout20080947.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1642 FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY(FRACKING
COMPANY), AN AGRICULTURAL SERVICE ESTABLISHMENT (COMMODITY
STORAGE AND DRYING),AND A USE PERMITTED AS A USE BY RIGHT,ACCESSORY
USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (RECYCLING BUSINESS), IN THE A(AGRICULTURAL)ZONE DISTRICT-
LUCERNE COMMONS, LLC
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 16th day of
April, 2008, at the hour of 10:00 a.m. in the Chambers of the Board, for the purpose of hearing the
application of Lucerne Commons, LLC, 5412 Varden Way, Fort Collins, Colorado 80528,for a Site
Specific Development Plan and Use by Special Review Permit#1642 for an Oil and Gas Support
and Service Facility(fracking company),an Agricultural Service Establishment(commodity storage
and drying), and a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in
the Commercial or Industrial Zone Districts (recycling business), in the A (Agricultural) Zone
District, on the following described real estate, being more particularly described as follows:
Part of the SW1/4 of Section 17, Township 6 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Cody Hollingsworth, AGPROfessionals,
LLC, 4350 Highway 66, Longmont, Colorado 80504, at said hearing, 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.B.1 --The proposed use is consistent with Chapter 22 and
any other applicable Code provisions or ordinances in effect.
Section 22-2-60.A.1 (A.Goal 1)promotes the preservation of prime farmland
for agricultural purposes which foster the economic health and continuance
of agriculture. The proposal does not effect the productivity of the site.
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SPECIAL REVIEW PERMIT#1642 - LUCERNE COMMONS, LLC
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b. Section 23-2-230.B.2--The proposed use is consistent with the intent of the
A (Agricultural) Zone District.
c. Section 23-2-230.8.3--The uses which will be permitted will be compatible
with the existing surrounding land uses.
d. Section 23-2-230.8.4--The uses which will be permitted will be compatible
with future development of the surrounding area as permitted by the existing
zoning and with the future development as projected by Chapter 22 of the
Weld County Code and any other applicable code provisions or ordinances
in effect, or the adopted Master Plans of affected municipalities.
e. Section 23-2-230.B.5 -- The site does not lie within any Overlay Districts.
f. Section 23-2-230.6.6 --The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use.
g. Section 23-2-230.6.7 -- 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 Lucerne Commons, LLC,for a Site Specific Development
Plan and Use by Special Review Permit #1642 for an Oil and Gas Support and Service Facility
(fracking company), an Agricultural Service Establishment (commodity storage and drying), and
a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial
or Industrial Zone Districts(recycling business), 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 applicant shall construct the approved accesses to State Highway 392,
in compliance with the conditions of the access permits (permits #407141
and #407142), issued by the Colorado Department of Transportation
(CDOT). All other accesses to State Highway 392 shall be permanently
closed.
B. The applicant shall address, to the satisfaction of the Department of Public
Works, all of the concerns and requirements outlined in the referral dated
January 2, 2008, and subsequent e-mail dated January 25, 2008. Written
evidence from the Department of Public Works,stating that these conditions
have been met, shall be submitted to the Department of Planning Services.
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SPECIAL REVIEW PERMIT#1642 - LUCERNE COMMONS, LLC
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C. The applicant shall address the concerns of The New Cache La Poudre
Irrigation Company,as outlined in the referral response dated December 17,
2007. Written evidence of such shall be submitted to the Department of
Planning Services.
D. The applicant shall address the requirements and concerns outlined in the
Department of Planning Services Landscape referral, dated November 27,
2007, including the submittal of a Landscaping and Screening Plan, which
adequately addresses the Landscape referral, to the Department of
Planning Services, for review and approval.
E. The applicant has proposed a single tap which will be used to provide water
service to the three buildings located on the site. A commercial tap is
required to serve this commercial use. The applicant shall provide evidence
that a commercial tap has been purchased from the North Weld County
Water District, or, evidence of a master meter shall be supplied.
F. The applicant has indicated that there is a well located inside one of the
buildings on the site. The applicant shall submit evidence from the Colorado
Division of Water Resources, to the Department of Planning Services,
demonstrating that the well is appropriately permitted for the commercial use
(or otherwise appropriately permitted).
G. 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 of
(including the facility name, address, and phone number).
H. An adequate sewage disposal system(s) shall be provided for all portions
of the operation.
1) The existing septic system serving the proposed Oil and Gas
Support and Service Facility/maintenance shop is not appropriately
permitted. This system must either be permitted, or a new system
installed. If this system is utilized, it must be shown that the system
meets all setbacks, as outlined in the Weld County Individual
Sewage Disposal System (I.S.D.S.) Regulations.
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2) The portable office units proposed to serve the east end of the
proposed Oil and Gas Support and Service Facility/maintenance
shop and the recycling business are intended as permanent
structures. In accordance with Section 30-2-10 of the Weld County
Code, these structures shall be served by an approved, permanent
I.S.D.S.
3) The commodity storage building is intended for seasonal use
(approximately two times per year/two months each). Because of
this seasonal use (less than six months per year), the Department
of Public Health and Environment is not opposed to portable toilets
for this building.
The applicant shall submit evidence of an Underground Injection Control
(UIC) Class V Injection Well permit from the Environmental Protection
Agency (EPA) for any vehicle maintenance facility located on the site that
is equipped with a floor drain. Alternately, the applicant may provide
evidence from the EPA that they are not subject to the EPA Class V
requirements.
J. The applicant shall address the concerns of the Weld County Department
of Building Inspection, as outlined in the referral dated December 11, 2007.
Written evidence, indicating that the Department's concerns have been
addressed, shall be submitted to the Department of Planning Services. The
applicant shall apply for all necessary building permits, as required by the
Weld County Code.
K. The applicant shall address the concerns of the Eaton Fire Protection
District, as outlined in the referral dated December 10, 2007. Written
evidence, indicating that the District's concerns have been addressed, shall
be submitted to the Department of Planning Services.
L. The applicant shall obtain a distinct address for each of the buildings located
on the property. The address shall be clearly posted on the buildings.
M. The plat shall be amended to delineate the following:
1) The plat shall be labeled USR-1642.
2) The attached Development Standards.
3) Accesses to State Highway 392, as approved by the Colorado
Department of Transportation. The access permit numbers shall be
shown on the plat.
4) County Road 39 is classified as a major arterial road,which requires
one hundred and forty (140) feet of right-of-way at full buildout.
Currently,there is sixty(60)feet of right-of-way. The applicant shall
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delineate an additional forty (40)feet of right-of-way on the plat for
future expansion of County Road 39. There shall be no facilities or
storage placed in the future right-of-way.
5) Spaces reserved for the parking of vehicles and all loading zones
shall be delineated on the plat. The total number of on-site parking
for this facility shall be forty-one (41)spaces. Each parking space
shall be equipped with wheel guards or curb stops,when necessary,
to prevent vehicles from extending beyond the boundaries of the
space and from coming into contact with other vehicles, walls,
fences, or plantings. The location of all curb stops in the parking
areas, per Section 23-4-30.D of the Weld County Code, shall be
delineated on the plat. A detailed site access and circulation plan,
which addresses the concerns and requirements of the Landscape
referral, dated November 26, 2007, shall be submitted.
6) Areas used for trash collection shall be screened from all adjacent
properties and public rights-of-way. These areas shall be designed
and used in a manner that will prevent trash from being scattered by
wind or animals. The plat shall be amended to address this issue.
7) Uses involving outdoor storage of vehicles,equipment,or materials,
when permitted, shall be screened from all adjacent properties and
public rights-of-way. The applicant shall submit a Screening Plan,
which indicates the type and height of the fencing, for review and
approval by the Department of Planning Services.
8) The approved Landscape and Screening Plan.
9) The location of the septic systems shall be identified.
N. The applicant shall submit a Private Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate collateral
for all landscaping, transportation (access drive, parking areas, etcetera),
and non-transportation(plant materials,fencing,screening,water,signage,
etcetera)items. The applicant shall submit an itemized landscaping bid, for
review, to the Department of Planning Services. The agreement and form
of collateral shall be reviewed by County staff and accepted by the Board of
County Commissioners. Alternately,the applicant may submit evidence that
all the work has been completed and approved by the Departments of
Planning Services and Public Works.
O. The applicant shall submit two (2) paper copies of the plat, for preliminary
approval, to the Weld County 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.
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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 one hundred
and eighty (180) 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 the surveyor provide a
digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo
Coverages and Arclnfo Export files format type is .e00. 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.
The above and foregoing Resolution was, on motion duly made and seconded,adopted by
the following vote on the 16th day of April, A.D., 2008.
ti Elea BOARD OF
WELD COUNTOY, COLORADO COMMISSIONERS
ATTEST: autil Ii52 A1-1, 2—
Willi m H. Jerke, Chair
Weld County Clerk to the a14. (� (�
.�� Robert D. Ma demPro-Tem
BY: 0,0 .=:..,
De.u Cle to the Board _ / 1 '
W lia F. Ga is
APP D FORM: S
/ David E. Long
orney - -
Douglas ademache
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LUCERNE COMMONS, LLC
USR#1642
1. The Site Specific Development Plan and Use by Special Review Permit#1642 is for an Oil
and Gas Support and Service Facility (fracking company), an Agricultural Service
Establishment (commodity storage and drying), and a Use Permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts
(recycling business), 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. All signs on the site shall adhere to Chapter 23, Article IV, Division 2, of the Weld County
Code, as it relates to signs in the A (Agricultural)Zone District.
4. The commodity storage building use is considered temporary and is intended for seasonal
use (approximately two times per year/two months each); agricultural harvest periods and
market conditions determine the use of this structure. Use of the building is limited to no
more than six months per calendar year.
5. The public drop-off of recyclables shall be limited to the hours of 8:00 a.m., to 5:00 p.m.,
Monday through Friday. The bins associated with the public drop-off of recyclables shall
be located inside of the building.
6. The number of employees on the site shall be limited to thirty-one (31).
7. Adequate portable toilet facilities shall be provided for the commodities storage building
users during the periods of seasonal use.
8. 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.
9. 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.
10. The applicant shall adhere to Section Eight of the Colorado Solid Waste Regulation
(6.CCR.1007-2).
11. 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.
12. The applicant shall operate in accordance with the approved Waste Handling Plan.
13. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 25-12-103, C.R.S.
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14. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
15. The facility shall utilize the North Weld County Water District.
16. Any I.S.D.S. for the proposed facility shall be installed according to the Weld County
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.
17. Effective January 1, 2003, building permits issued on the proposed lots will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
18. 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.
19. A building permit shall be obtained prior to the construction of any structure, the change of
use of any existing structure, and for the location of temporary structures on the site, as
required by Weld County Code.
20. A plan review is required for each building for which a building permit is required. Plans will
be required to bear the wet stamp of a Colorado registered architect or engineer. Two
complete sets of plans are required when applying for each permit.
21. The applicant shall provide a letter of approval for the building plans, from the Eaton Fire
Protection District, to the Weld County Department of Building Inspection, prior to the
issuance of any building permit, as evidence of adequate fire protection.
22. All landscaping and screening on the site shall be maintained in accordance with the
approved Landscape and Screening Plan.
23. The property owner shall allow any mineral owner the right of ingress or egress for the
purposes of exploration, development, completion, recompletion, re-entry, production,and
maintenance operations associated with existing or future operations located on these
lands.
24. The property owner acknowledges that mineral owners and lessees have real property
interests that entitle them to surface use in accordance with Colorado State Statutes and
applicable Colorado Oil and Gas Conservation Commission Regulations.
25. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
26. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
27. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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28. 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.
29. 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.
30. 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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