HomeMy WebLinkAbout20042902 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1464 FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY, AND A
SINGLE FAMILY DWELLING UNIT OTHER THAN THOSE PERMITTED UNDER
SECTION 23-3-20.A OF THE WELD COUNTY CODE (AN APARTMENT) IN THE
A (AGRICULTURAL) ZONE DISTRICT -ALFONSO BORREGO
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 20th day of
October, 2004, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Alfonso Borrego,9492 Weld County Road 4,Wiggins,Colorado 80654,for a Site
Specific Development Plan and Use by Special Review Permit#1464 for an Oil and Gas Support
and Service Facility, and a Single Family Dwelling Unit other than those permitted under
Section 23-3-20.A of the Weld County Code(an apartment)in the A(Agricultural)Zone District on
the following described real estate, to-wit:
Lot A of Corrected Recorded Exemption#3089;being
part of the S1/2 of the SE1/4 of Section 33,Township
5 North, Range 65 West of the 6th P.M., Weld
County, Colorado
WHEREAS,said applicant was represented by Ken Alles of Alles and Associates, Inc.,428
North Second Street, LaSalle, Colorado 80645, 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 recommendations 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 23-2-230.6 of the Weld County Code as follows:
a. Section 23-2-230.6.1 —The proposed use is consistent with Chapter 22 and
any other applicable Code provisions or ordinance in effect. Section 22-2-60
(A.Goal 4)states, "Conversion of agricultural land to nonurban residential,
commercial and industrial uses will be accommodated when the subject site
is in an area that can support such development. Such development shall
attempt to be compatible with the region." Application materials indicate that
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SPECIAL REVIEW PERMIT#1464 -ALFONSO BORREGO
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the site can support the proposed use. The Conditions of Approval and
Development Standards ensure that a reasonable attempt will be made to
be compatible with the region.
b. Section 23-2-230.6.2--The proposed use is consistent with the intent of the
A (Agricultural) Zone District. Sections 23-3-40.A.2 and 23-3-40.L of the
Weld County Code provide for a Mineral Resource Development Facility,
including an Oil and Gas Support and Service Facility, in the A(Agricultural)
Zone District.
c. Section 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding property to the
north,east,and west are primarily agricultural. The property to the south is
permitted under Use by Special Review Permit#1454 for a Mineral Resource
Development Facility, including an oil and gas support and service facility,
semi-trailer and cargo containers situated as permanent storage units,and
a use permitted as a use by right, an accessory use, or a use by special
review in the commercial or industrial zone districts, (an industrial machine
shop) in the A(Agricultural) Zone District. The Conditions of Approval and
Development Standards will ensure compatibility with adjacent properties.
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 subject
property lies within the three-mile referral areas of the City of Evans,Garden
City, Town of La Salle, and the City of Greeley. Said municipalities have
reviewed the request and found no conflicts with their interests.
e. Section 23-2-230.6.5—The site does not lie within any Overlay Districts.
Building Permits issued on the lot will be required to adhere to the fee
structure of County-Wide Road Impact Program.
f. Section 23-2-230.B.6--The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The lot is too small to be a viable farming operation in accordance with
Section 22-2-60.1 of the Weld County Code.
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.
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SPECIAL REVIEW PERMIT#1464 -ALFONSO BORREGO
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NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Alfonso Borrego fora Site Specific Development Plan and
Use by Special Review Permit#1464 for an Oil and Gas Support and Service Facility,and a Single
Family Dwelling Unit other than those permitted under Section 23-3-20.A of the Weld County Code
(an apartment)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. All pages of the plat shall be labeled USR-1464.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The approved Landscape/Screening Plan.
3) Weld County Road 50 is designated on the Weld County Roadway
Classification Plan, as a local paved road,which requires 60 feet of
right-of-way at full build out. There is presently 60 feet of
right-of-way. A total of 30 feet from the centerline of Weld County
Road 50 shall be delineated as right-of-way on the plat. This road is
maintained by Weld County.
4) This facility shall adhere to the number of on-site parking spaces in
Appendix 23-B of the Weld County Code. The total number of on-site
parking for this facility shall be twenty(20)spaces,of which one(1)
shall be a van-accessible, handicapped parking stall meeting all of
the requirements as set forth in the Americans with Disabilities Act.
Further, the applicant shall delineate curb stops for the parking
spaces shown on the plat.
5) The applicant shall address and adhere to the American with
Disabilities Act and ADA standards for this facility at all times.
Non-ambulatory/Ambulatory parking spaces shall be identified and
shown on the plat. This site will be required to meet all requirements
of the Americans with Disabilities Act. At least one space must be
van accessible. The parking spaces must be the closest possible to
the entrance. Signing will be required. Curb cuts, ramps,and other
methods of providing accessibility shall be required to reasonably
attempt to meet the requirements of this Act. Should the applicant
elect to not adhere to the previously discussed Federal Standards,
the Department of Planning Services requests that the applicant
outline how their proposed site design mitigates the requirements of
the American's with Disabilities Act.
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6) The internal circulation within the site is unclear. Future drawings
shall delineate the proposed circulation pattern throughout the
property, including the service yard.
7) Any approved signs, if applicable.
8) The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
C. The applicant shall submit a Landscape/Screening Plan for review and
approval. The plan shall address the following:
1) Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas. Areas used for storage or trash collection
shall be screened from adjacent properties and public rights-of-way.
These areas shall be designed and used in a manner that will prevent
trash from being scattered by wind or animals.
2) Section 23-3-360.F of the Weld County Code addresses the issue of
on-site lighting, including security lighting, if applicable, and states
"any lighting ... 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...."
3) The application materials show a fence located around the perimeter
of the Oil and Gas Support and Service Facility;however it is unclear
what the size of the fence is,the materials that it is constructed from,
or how access is attained to this portion of the site. The applicant
shall submit additional information so the Department of Planning
Services can determine if all outdoor storage is efficiently screened
from surrounding properties and road rights-of-way.
4) The applicant shall demonstrate how the proposed and existing plant
material will be irrigated.
D. The applicant shall address the fenced enclosure east of the northern tank
battery. Access appears to be restricted at this point by the fenced
enclosure and the berm. The applicant shall provide written evidence from
all appropriate emergency responders stating that the proposed berm will not
restrict emergency access to this facility.
E. The applicant shall enter into an Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate collateral
for all required improvements. The agreement and form of collateral shall be
reviewed by County staff and accepted by the Board of County
Commissioners prior to recording the plat. The Improvements Agreement
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SPECIAL REVIEW PERMIT#1464 -ALFONSO BORREGO
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will not be needed if the necessary improvements are done to the
satisfaction of the Department of Public Works and the Department of
Planning Services.
F. The applicant shall contact the Weld County Department of Public Works to
determine if the proposed drainage and access is adequate. Evidence of
approval by the Weld County Department of Public Works shall be submitted
to the Department of Planning Services.
G. The West Greeley Soil Conservation District has provided information
regarding the soils on the site. The applicant shall review the information and
use it to positively manage on-site soils.
H. The applicant provide the Weld County Department of Planning Services
with a list of the concerns/requirements from the LaSalle Fire Protection
District and how they are addressing each item.
In the event the applicant intends to paint the vehicle equipment,the applicant
shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and
Emissions Permit application from the Air Pollution Control Division(APCD)
of the Colorado Department of Health and Environment. Alternately, the
applicant can provide written evidence that they are not subject to these
requirements. Evidence of such shall be submitted to the Department of
Planning Services.
J. In the event washing of vehicles will occur on the site, the applicant shall
ensure that any vehicle washing area(s)shall 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. Evidence of approval by the Department
of Public Health and Environment shall be submitted to the Department of
Planning Services.
K. In the event that one(1)or more acres are disturbed during the construction
and development of this site, the applicant shall inquire with the Water
Quality Control Division (WQCD) of the Colorado Department of Public
Health and Environment if they are required to obtain a Stormwater
Discharge Permit. Alternately, the applicant can provide written evidence
that they are not subject to these requirements. Evidence of Department of
Public Health and Environment approval shall be submitted to the
Department of Planning Services.
L. Should a floor drain be constructed in the truck maintenance building, the
applicant shall submit evidence of an Underground Injection Control (UIC)
Class V Injection Well Permit from the Environmental Protection Agency
(EPA). Alternately,the applicant can provide written evidence that they are
not subject to the EPA Class V requirements. Evidence of Department of
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Public Health and Environment approval shall be submitted to the
Department of Planning Services.
M. The applicant shall submit a Dust Abatement Plan for review and approval,
to the Environmental Health Services Division. Evidence of approval by the
Department of Public Health and Environment shall be submitted to the
Department of Planning Services.
N. If oil and/or fuel tanks are constructed on the site,the applicant shall submit
evidence of an Aboveground Storage Tank Permit from the Colorado
Department of Labor and Employment (CDL&E), Oil Inspection Section.
Alternately, the applicant can provide written evidence that they are not
subject to these requirements. Evidence of the Department of Public Health
and Environment approval shall be submitted to the Department of Planning
Services.
O. 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. Evidence of approval by the Department of
Public Health and Environment shall be submitted to the Department of
Planning Services. The plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on 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
site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
P. The applicant shall attempt to address the requirements and concerns of the
Division of Wildlife, as stated in the referral response dated February 24,
2004. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services.
Q. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
R. The applicant shall contact the Weld County Sheriffs Office to discuss the
Crime Prevention Program, as outlined in their referral, dated May 3, 2004.
2. Prior to issuance of the Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed office,
apartment,truck maintenance area,and future home,and shall be installed
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according to the Weld County Individual Sewage Disposal System(I.S.D.S.)
Regulations.
B. The septic system(s)is/are required to be designed by a Colorado registered
professional engineer according to the Weld County I.S.D.S. Regulations.
3. 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 thirty(30)days from the
date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee.
4. 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.
5. The Use by Special Review activity shall not occur, nor shall any Building or
Electrical Permits be issued, until the Use by Special Review plat is ready to be
recorded in the office of the Weld County Clerk and Recorder.
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SPECIAL REVIEW PERMIT#1464 -ALFONSO BORREGO
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 20th day of October, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
W\ltorlTY, COLORADO
G Robert D. Masden, Chair
Clerk to the Board
1861 tit William H. ke, Pro-Tem
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t lerk to the Board
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David E. Long
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Date of signature: _t%z[s' '
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ALFONSO BORREGO
USR#1464
1. A Site Specific Development Plan and Use by Special Review Permit#1464 is for a Mineral
Resource Development Facility,including an Oil and Gas Support and Service Facility,and
a Single Family Dwelling Unit other than those permitted under Section 23-3-20.A of the
Weld County Code (an apartment), 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 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 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.
7. The applicant shall comply with all provisions of the Underground and Above Ground Storage
Tank Regulations (7 CCR 1101-14).
8. 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.
9. 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.
10. 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.
11. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
12. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
13. The facility shall utilize the existing public water supply(Central Weld County Water District).
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DEVELOPMENT STANDARDS -ALFONSO BORREGO (USR#1464)
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14. All potentially hazardous chemicals must be stored and 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.
15. If applicable,the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
16. The operation shall comply with all applicable rules and regulations from the Weld County
Code, State of Colorado, Air Pollution Control Division, Water Quality Control Division,
Colorado Department of Labor and Employment,and the Environmental Protection Agency.
17. A plan review is required for each building for which a Building Permit is required.
18. 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: 2003
International Building Code,2003 International Mechanical Code,2003 International Plumbing
Code, 2002 National Electrical Code, and Chapter 29 of the Weld County Code.
19. Except for pole type structure,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.
20. Building height shall be measured in accordance with the 2003 International Building Code
for the purpose of determining the maximum building size and height for various uses and
types of construction and to determine compliance with the Bulk Requirements from
Chapter 23 of the Weld County Code. Building height shall be measured in accordance with
Chapter 23 of the Weld County Code in order to determine compliance with offset and
setback requirements. Offset and setback requirements are measured to the farthest
projection from the building.
21. The historical flow patterns and run-off amounts will be maintained on the site in such a
manner that will reasonably preserve the natural character of the area and not prevent
property damage of the type generally attributed to run-off rate and velocity increases,
diversions, concentration and/or unplanned ponding of storm run-off.
22. 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.
23. 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 Program.
24. The landscaping on the site shall be maintained in accordance with the approved
Landscape/Screening Plan.
25. As indicated in the application materials, the hours of operation will be from 6:00 a.m. to
6:00 p.m., daily. Hours of operation may be extended with specific permission from the
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Weld County Board of County Commissioners. This restriction shall not apply to operation
of administrative and executive offices or repair and maintenance facilities located on the
property.
26. As indicated in the application materials, the number of employees for the oil and gas
support services shall be limited to ten (10).
27. Prior to the certificate of occupancy for the "future home" (as labeled on the plat), the
"second story apartment" (as labeled on the plat) shall be converted into an Accessory
Building. The Accessory Building shall comply with the definition of Accessory Building in
Section 23-1-90 of the Weld County Code and maintain compliance with the following
conditions:
a) Electricity is the only utility which will be connected to the structure.
b) The structure shall not be used on any basis as a dwelling or as overnight or
temporary housing for any person.
28. Should 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, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
29. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
30. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
31. Personnel from the Weld County Government 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.
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