HomeMy WebLinkAbout20153850.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0050, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY(STORAGE YARD
FOR TANK BATTERY EQUIPMENT) IN THE A (AGRICULTURAL) ZONE DISTRICT -
TROY BONNELL
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 23rd day of
December, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Troy Bonnell, 26712 CR 45, Greeley, CO 80631, for a Site Specific
Development Plan and Use by Special Review Permit, USR15-0050, for a Mineral Resource
Development Facility, including an Oil and Gas Support and Service Facility (storage yard for tank
battery equipment) in the A (Agricultural) Zone District, on the following described real estate,
being more particularly described as follows:
Part of the W1/2 NW1/4 NW1/4 of Section 23,
Township 5 North, Range 65 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.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 ordinance in effect.
1) Section 22-2-20.1 (A.Goal 9) states: "Reduce potential conflicts between
varying land uses in the conversion of traditional agricultural lands to other
land uses."The proposed storage yard will encompass less than one (1)
acre of the property and is located in the farthest southeast corner of the
site.
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2) Section 22-2-20.1. 5(A. Policy 9.5)states: "Applications fora change of land
use in the agricultural areas should be reviewed in accordance with all
potential impacts to surrounding properties and referral agencies."Impacts
on adjacent properties are minimized due to the size, location and hours of
access for the storage yard. A road maintenance agreement is attached as
a condition of approval to address any impacts to the adjacent county road
that are caused by this use.
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 allows
Oil and Gas Support and Service Facilities (storage yard for tank battery
equipment) as a Use by Special Review Permit 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 proposed facility is located in an
agricultural area. Single family residences on rural lots are located approximately
650 feet south and 1,100 feet northwest of the storage site. An existing oil and gas
support and service facility (oil and gas tanks and wells) is located to the west
across County Road (CR) 45. A Use by Special Review Permit (USR-704 is for
livestock confinement operation for up to 140-head of cattle) is located to the
northeast of the site. The oil and gas storage area will be located on a small portion
of the property (out of the floodplain) at the furthest distance from the nearest
residences. The storage area encompasses only approximately .5 to .75 acres of
the overall property. Hours for pick up and drop off will be daytime hours only. The
size, location and hours of the facility mitigates impacts on the surrounding area.
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 the three
(3) mile referral area of the City of Greeley, Garden City and Evans. Garden City
indicated no conflict with their interests in the referral comments, dated August 31,
2015. No referral response has been received from the Cities of Greeley or Evans.
E. Section 23-2-230.B.5--The application complies with Chapter 23, Article V, of the
Weld County Code. Building Permits issued on the lot will be required to adhere to
the fee structure of the County-Wide Road Impact Fee, County Facility Fee and
Drainage Impact Fee Programs.
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 proposed facility is located on approximately 12.27 acres delineated as
"Prime," per the 1979 Soil Conservation Service Important Farmlands of Weld
County Map. The facility encompasses less than one (1) acre of the property.
G. Section 23-2-230.6.7 — There is adequate provisions for the protection of the
health, safety, and welfare of the inhabitants of the neighborhood and County. The
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Design Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250, Weld County Code), Conditions of Approval and Development
Standards can 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 Troy Bonnell for a Site Specific Development Plan and
Use by Special Review Permit, USR15-0050, for a Mineral Resource Development Facility,
including an Oil and Gas Support and Service Facility (storage yard for tank battery equipment)
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 map:
A. The applicant shall submit a complete Building Permit Application to the
Department of Building Inspection, if required by the building code, for any
permanent storage container located on-site.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR15-0050.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) The map shall delineate the landscaping and/or screening.
6) The map shall delineate the lighting.
7) Show and label the approved accesses (AP15-00457), and the
appropriate turning radii on the site plan.
8) Show and label the approved tracking control on the site plan.
9) Show and label the accepted drainage features and drainage flow
arrows on the site plan. Water quality features or stormwater ponds
should be labeled as"Water Quality Feature/Stormwater Detention,
No-Build or Storage Area."
10) Show and label all recorded easements on the map by book and
page number or reception number and date on the site plan.
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11) The applicant shall specifically indicate on the map the type of
right-of-way/easement and indicate whether it is dedicated, private,
or deeded to provide adequate access to the parcel.
12) Show the floodplain and floodway (if applicable) boundaries on the
map. Label the floodplain boundaries with the FEMA Flood Zone
and FEMA Map Panel Number or appropriate study.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit an
electronic version (.pdf), or one (1) paper copy, of the plat to the Weld County
Department of Planning Services for preliminary approval. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. Upon approval of the plat, the applicant shall submit a Mylar plat,
along with all other documentation required as Conditions of Approval. The Mylar
plat and additional requirements shall be submitted within one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution. The
Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder
by the Department of Planning Services. The applicant shall be responsible for
paying the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved
April 30, 2012, should the map not be recorded within the required one hundred
twenty(120)days from the date of the Board of County Commissioners Resolution,
a $50.00 recording continuance charge shall added for each additional three (3)
month period.
4. 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.
5. Prior to Construction:
A. If more than one(1) acre is to be disturbed, a Weld County Grading Permit
will be required.
B. The approved access and tracking control shall be constructed prior to
on-site construction.
6. 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 map
is ready to be recorded in the office of the Weld County Clerk and Recorder or the
applicant has been approved for an early release agreement.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of December, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO DO
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Date of signature: /5
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TROY BONNELL
USR15-0050
1. A Site Specific Development Plan and Use by Special Review Permit, USR15-0050, is for
a Mineral Resource Development Facility, including an Oil and Gas Support and Service
Facility (storage yard for tank battery equipment) in the A (Agricultural) Zone District,
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. The parking area on the site shall be maintained.
4. 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.
5. 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.
6. 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. The facility shall operate in accordance with Chapter 14, Article I, of the Weld
County Code.
7. Fugitive dust should attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations.
8. This facility shall adhere to the maximum permissible noise levels allowed in the
Non-Specified Zone District, as delineated in Section 14-9-30 of the Weld County Code.
9. Adequate drinking, hand washing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. As employees or contractors are on site for less than
two (2) consecutive hours a day, portable toilets and bottled water are acceptable.
Records of maintenance and proper disposal for portable toilets shall be retained on a
quarterly basis and available for review by the Weld County Department of Public Health
and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County
and shall contain hand sanitizers
10. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
11. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any
light source may create a traffic hazard to operators of motor vehicles on public or private
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streets. No colored lights may be used which may be confused with, or construed as,
traffic control devices.
12. 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.
13. The historical flow patterns and runoff amounts will be maintained on the site.
14. Weld County is not responsible for the maintenance of on-site drainage related features.
15. There shall be no parking or staging of vehicles on County roads. On-site parking shall be
utilized.
16. The site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking.
17. A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway as delineated on Federal Emergency Management
Agency (FEMA) FIRM Community Panel Map #08123C-1544, effective date January 20,
2016 (South Platte River Floodplain). Any development shall comply with all applicable
Weld County requirements, Colorado Water Conservation Board requirements as
described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA
regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA
definition of development is any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation, drilling operations, or storage of equipment and materials.
18. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2012 International Codes,
2006 International Energy Code, and 2014 National Electrical Code. A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing the
wet stamp of a Colorado registered architect or engineer must be submitted for review. A
Geotechnical Engineering Report, performed by a Colorado registered engineer, shall be
required or an Open Hole Inspection.
19. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
20. 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.
21. 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
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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.
22. 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.
23. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and person moving into these areas must
recognize the various impacts associated with this development. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
24. 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 map and recognized at all times.
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