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RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1480 FORA MINERAL RESOURCE DEVELOPMENT FACILITY,INCLUDING
AN OIL AND GAS SUPPORT AND SERVICE FACILITY, IN THE A(AGRICULTURAL)
ZONE DISTRICT - MILDRED MAE SARCHET, 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 1st day of
September,2004,at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of hearing
the application of Mildred Mae Sarchet, LLC,325 Crestridge Lane, Longmont,Colorado 80501,for
a Site Specific Development Plan and Use by Special Review Permit#1480 fora Mineral Resource
Development Facility,including an Oil and Gas Support and Service Facility,in the A(Agricultural)
Zone District on the following described real estate, to-wit:
Lot B of Recorded Exemption#3668; being part of the
N1/2 NW1/4 of Section 35,Township 3 North, Range
67 West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Robert Sarchet, 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.B.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." The application materials indicate
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. Section 23-3-40.A.2 of the Weld County Code
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SPECIAL REVIEW PERMIT#1480 - MILDRED MAE SARCHET, LLC
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provides 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 is
primarily agricultural. The Conditions of Approval and Development
Standards will ensure compatibility with adjacent properties.
d. Section 23-2-230.6.4--The uses which will be permitted will be compatible
with future development of the surrounding area as permitted by the existing
zoning and 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 area of the Towns of Firestone and Platteville. The Town
of Platteville reviewed the request and found no conflicts with its interests.
No comments were received from the Town of Firestone.
e. Section 23-2-230.B.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 23-2-230.6.6--The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The applicant is proposing to utilize approximately 1.5 acres for this
Use by Special Review Permit while also residing on the property. The
remaining 76.2 acres will continue to be in agricultural production.
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 Mildred Mae Sarchet,LLC,fora Site Specific Development
Plan and Use by Special Review Permit #1480 for a Mineral Resource Development Facility,
including an Oil and Gas Support and Service Facility, 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 submit a Dust Abatement Plan for review and approval
to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. Evidence of approval shall
be submitted to the Department of Planning Services.
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SPECIAL REVIEW PERMIT#1480 - MILDRED MAE SARCHET, LLC
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B. The septic system serving the residence 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. Evidence of approval shall be
submitted to the Department of Planning Services.
C. The Platte Valley 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.
D. A tracking pad shall be installed directly south of Weld County Road 28 for
approximately 50 feet. Evidence shall be provided to the Departments of
Public Works and Planning Services that this has been completed.
E. The existing buildings are required to obtain Building Permits for the change
of use. Evidence of approval by the Department of Building Inspection shall
be submitted to the Department of Planning Services.
F. The applicant shall provide the Department of Planning Services with a
maintenance plan that is in compliance with Section 23-2-250.F of the Weld
County Code.
G. The applicant shall clarify whether Mark Brown resides in the residence
identified as 10084 Weld County Road 28, Platteville, Colorado 80651.
H. The applicant shall enter into an Improvements Agreement According to
Policy Regarding Collateral for Improvements(Private Road Maintenance)
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 agreement and form of
collateral shall be reviewed by County staff and accepted by the Board of
County Commissioners prior to recording the Use by Special Review Permit
plat, or the applicant may submit evidence that all the work has been
completed and approved by the Departments of Planning Services and
Public Works.
The plat shall be amended to delineate the following:
1) All the pages of the plat shall be labeled USR-1480.
2) The applicant shall submit a Screening and Landscaping Plan for
review and approval.
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3) The location of the dumpster and appropriate screening shall be
submitted for review and approval by the Department of Planning
Services.
4) Should exterior lighting be a part of this facility, all light standards
shall be delineated on the Use by Special Review Plat.
5) Weld County Road 28 is designated on the Weld County Road
Classification Plan as a collector status road,which requires 80 feet
of right-of-way at full build out. There is presently 60 feet of
right-of-way. A total of 40 feet from the centerline of Weld County
Road 28 shall be delineated on the plat as a right-of-way reservation
for future expansion of Weld County Road 28. This road is
maintained by Weld County.
6) The eastern access shall be improved and utilized for the proposed
use. The eastern access shall have a minimum of a 40-foot turning
radius to accommodate large trucks turning with the capability of
two-lane traffic.
7) The applicant shall provide fourteen (14) parking spaces.
8) The applicant shall provide the Department of Planning Services with
evidence that one of the accesses to the property has been
permanently closed.
9) The attached Development Standards.
J. The applicant shall submit two (2) 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 thirty(30)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
mapse.co.weld.co.us.
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4. 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.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 1st day of September, A.D., 2004.
�`. E-ate` BOARD OF COUNTY COMMISSIONERS
W L COUNTY, COLORADO
1861 I�'3�'1: .�����♦ � kijeuir
404. Robert D. Masden, Chair
•r. 4 = t ss • erk to the Board
• kjNet g
BY:
a •
William H. rke, Pro-Tem
Deputy Clerk t the Board
M. . e
RO D AS M: �U
David Long
ounty At orn
Glenn Vaad
Date of signature: 2.7/40,'.
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MILDRED MAE SARCHET, LLC
USR #1480
1. The Site Specific Development Plan and Use by Special Review Permit #1480 is for a
Mineral Resource Development Facility, including an Oil and Gas Support and Service
Facility, 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. Hours of operation in the winter months(November through April)will be from 7:00 a.m.to
5:00 p.m., and in the summer months (May through October) will be from 7:00 a.m. to
7:00 p.m., as stated in the application materials.
4. The site is limited to no more than five(5)employees,as stated in the application material.
5. There shall be no parking or staging of trucks within the public right-of-way.
6. 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.
7. 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.
8. Any vehicle washing area(s) shall capture all effluent and prevent discharge from 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. The 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 toilet and hand washing facilities shall be provided for employees. The employees
shall be allowed to use the toilet facilities located in the residence.
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. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.
14. If applicable,the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
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DEVELOPMENT STANDARDS - MILDRED MAE SARCHET, LLC (USR#1480)
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15. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code.
16. The historical flow patterns and run-off 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 run-off rate and velocity increases, diversions,
concentration and/or unplanned ponding of storm run-off.
17. A plan review is required for any additional building. Plans shall bear the wet stamp of a
Colorado registered architect or engineer.
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. Each building will require an engineered foundation based on a site-specific geotechnical
report or an open hole inspection preformed by a Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer.
20. Building height,setbacks and offset distance shall be determined by the Weld County Code.
Separation of buildings and mixed occupancy classifications shall be in accordance with
Section R309.2 of the International Residential Code.
21. Building heights 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 for
Chapter23 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. When measuring buildings to determine offset and setback
requirements, buildings are measured to the farthest projection from the building. Property
lines shall be clearly identified.
22. 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.
23. The landscaping on the site shall be maintained in accordance with the approved Landscape
Plan.
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