HomeMy WebLinkAbout20141214.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0002, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING OIL AND GAS SUPPORT AND SERVICE FACILITY (STORAGE AREA
FOR OIL AND GAS PRODUCTION CONTROL UNITS AND OTHER WELL SITE
RELATED EQUIPMENT, PARKING FOR EMPLOYEE VEHICLES AND COMMERCIAL
TRUCKS AND A 13,600 SQUARE FOOT FIELD OPERATIONS BUILDING) IN THE
A (AGRICULTURAL) ZONE DISTRICT- CIRCLE B LAND COMPANY, 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, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Circle B Land Company, LLC, 1099 18th Street, Suite 2300, Denver,
CO 80202, for a Site Specific Development Plan and Use by Special Review Permit,
USR14-0002, for a Mineral Resource Development Facility, including Oil and Gas Support and
Service Facility (storage area for oil and gas production control units and other well site related
equipment, parking for employee vehicles and commercial trucks, and a 13,600-square foot
field operations building) in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
Lot C of Recorded Exemption, RECX13-0066;
being part of the SE1/4 of Section 15,
Township 6 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Stephanie Sigler, Ripley
Design, 701 W. Mountain Avenue, Suite 100, Fort Collins, CO 80524, 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 23-2-230.6 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.
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1) Section 22-2-20.G (A.Goal 7) states: "County land use
regulations should protect the individual property owner's right to
request a land use change."
2) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of
agricultural land to nonurban residential, commercial, and
industrial uses should be accommodated when the subject site is
in an area that can support such development, and should attempt
to be compatible with the region." The applicant is proposing to
construct a 13,600 square-foot field operations building with an
employee parking area and a storage/parking area for trucks and
well-site related equipment. The hours of operation are proposed
to be between 7:00 a.m. and 5:00 p.m., Monday through Friday.
The application materials state that there will be about ten (10)
employees. The Department of Planning Services is requesting a
Lighting Plan and an updated Landscaping/Screening Plan. The
Screening Plan shall screen the commercial parking and the
outdoor storage. These two (2) plans, along with the Conditions of
Approval and Development Standards, for this proposal will assist
in mitigating the impacts of the facility on the adjacent properties
and ensure compatibility with surrounding land uses.
B. Section 23-2-230.6.2. -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-40.A.2 allows for a Site Specific Development Plan
and Use by Special Review Permit for Mineral Resource
Development Facilities, including Oil and Gas Support and
Service Facilities (storage area for oil and gas production control
units and other well site related equipment, parking for employee
vehicles, parking for commercial trucks and a 13,600-square foot
field operations building) 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 adjacent
properties are mainly utilized for pastures, crops, and rural residences.
County Road (CR) 33 borders the site on the east, and the Greeley #2
Ditch borders the site on the south. The properties to the north and west
are cropland. The closest residence is approximately 250 feet east of the
east property line. There are six (6) USRs located within one (1) mile of
this parcel. USR-292 is for a feedlot of 3,700 head of cattle and is on the
property west of and adjacent to the site. USR-1540 is for a rodeo arena
and a public building is approximately one (1) mile north of the site.
USR-1397 is for a landscaping and tree service business, USR-62 is for a
horse breeding facility and USR-1074 is for an excavating business,
which are all located east of the site. USR-599 is for an oil and gas
production facility and is located southeast of the site.
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SPECIAL REVIEW PERMIT (USR14-0002) -CIRCLE B LAND COMPANY, LLC
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Staff has received two (2) letters from a surrounding property owner that
objects to this USR. These letters outline the loss of peaceful enjoyment
of country living due to 24-hour oil and gas related traffic, the increase of
traffic, increasing the safety risk for residents and travelers and the
negative effect on property values. Staff has also talked to another
surrounding property owner who stated similar concerns.
The Department of Planning Services is requesting a Lighting Plan and
an updated Landscaping/Screening Plan. The Screening Plan shall
screen the commercial parking and the outdoor storage. These two (2)
plans, along with the Conditions of Approval and Development Standards
for this proposal, will assist in mitigating the impacts of the facility on the
adjacent properties and ensure compatibility with surrounding land uses.
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 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 and the Town of Eaton. The Town of Eaton's referral,
dated January 31, 2014, and the City of Greeley's referral dated,
February 6, 2014, indicated no concerns.
E. Section 23-2-230.6.5 -- 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 23-2-230.6.6 -- 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 5.5
acres "Prime (Irrigated)" per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. This USR will take 5.5 acres
of Prime (Irrigated) Farmland out of production, but the size of the parcel
does not allow for farming.
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 can 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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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Circle B Land Company, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR14-0002, for a Mineral Resource
Development Facility, including Oil and Gas Support and Service Facility (storage area for oil
and gas production control units and other well site related equipment, parking for employee
vehicles and commercial trucks, and a 13,600-square foot field operations building) 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 Lighting Plan to the Department of Planning
Services, for review and approval. Any lighting poles and lamps shall comply
with Section 23-3-360.F. which states, in part, that, "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."
B. The applicant shall submit an updated Landscaping/Screening Plan to the
Department of Planning Services, for review and approval. The applicant
indicated that the screening of the outdoor storage area will be a chain link fence
with slats. These slats shall be 90% or greater opacity. The commercial parking
area and the employee parking area shall be screened from adjacent properties
and public rights-of-way.
C. The applicant shall attempt to address the concerns of the RE-2 School District,
as stated in the referral response dated March 20, 2014. Written evidence of
such shall be submitted to the Weld County Department of Planning Services.
D. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR14-0002.
2) The attached Development Standards.
3) The plat shall be prepared per 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. 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.
5) The approved Parking Plan.
6) The approved Landscaping/Screening Plan.
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7) The approved Lighting Plan.
8) The approved Signage Plan.
9) CR 33 is designated on the Weld County Road Classification Plan as a
collector road, which requires 80 feet of right-of-way at full buildout. There
is presently 60 feet of right-of-way. An additional 10 feet shall be
delineated on the plat as future CR 33 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 and
this information shall be noted on the plat. If the right-of-way cannot be
verified, it shall be dedicated. This road is maintained by Weld County.
10) The Colorado Department of Transportation (CDOT) has jurisdiction over
all accesses to state highways. The applicant shall show the approved
CDOT accesses on the plat and label with access permit number, if
applicable.
11) An off-site Improvements Agreement will be required for this facility.
Improvements may include, but are not limited to, specified haul routes,
damage repairs, intersection upgrades, and future improvement triggers
for turn lanes. Collateral is required to ensure the improvements are
made.
12) A final drainage report, signed and stamped by a professional engineer
registered in the State of Colorado is required.
13) The applicant has received an approved Access Permit, AP13-00227.
14) The main access drive and office parking will be paved with additional
gravel parking in the rear, with good circulation.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version (.pdf), or three (3) paper copies, 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 plat 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.
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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. (Department of Planning Services)
5. Prior to construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading
Permit will be required prior to the start of construction.
6. Prior to Operation:
A. One (1) month prior to operation, a signed copy of the Spill Prevention,
Control and Countermeasure Plan shall be provided to the Environmental
Health Services Division of the Weld County Department of Public Health
and Environment.
7. Prior to the issuance of the Certificate of Occupancy:
A. An Individual Sewage Disposal System (I.S.D.S.) is required for the
proposed facility and 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.
8. 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.
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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., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Cam( rb6,O, 6 crptcAf
ugljs Rademacher, Chair
Weld County Clerk to the Bo. 4.►t i%
arbara KirkmeyeQPro-Tem
BY: 1, . 1.. .l l '�'+•1 ��
Depu Clerk to the Boa
can P. Conway
AP ED AS TO FORM: ®f _z
Mike Fr an
ounty Attorney
William F. Garcia
Date of signature: 5y5Aq
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CIRCLE B LAND COMPANY, LLC
USR14-0002
1. A Site Specific Development Plan and Use By Special Review Permit, USR14-0002, is
for a Mineral Resource Development Facility, including Oil and Gas Support and Service
Facility (storage area for oil and gas production control units and other well site related
equipment, parking for employee vehicles and commercial trucks, and a 13,600-square
foot field operations building) 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 number of on-site employees shall be commensurate with the number of persons
which the septic system may accommodate, in accordance with the requirements of the
Weld County Code, pertaining to Individual Sewage Disposal Systems (I.S.D.S.)
Regulations.
4. The hours of operation are 5:00 a.m. through 7:00 p.m., Monday through Friday and
from time to time, there may be employees accessing the site outside of these hours to
pick-up equipment or paperwork.
5. The signage on the site shall be maintained in accordance with the approved Signage
Plan.
6. The lighting on the site shall be maintained in accordance with the approved Lighting
Plan.
7. The parking on the site shall be maintained in accordance with the approved Parking
Plan.
8. The screening and landscaping on the site shall be maintained in accordance with the
approved Screening/Landscaping Plan.
9. The historical flow patterns and runoff amounts shall be maintained on the site.
10. 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 Section 15-1-180 of the Weld County Code.
11. 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.
12. 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.
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13. 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 the approved Waste Handling
Plan, at all times.
14. 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.
15. 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.
16. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
17. Sewage disposal for the facility shall be by septic system. Any septic system located on
the property must comply with all provisions of the Weld County Code, pertaining to
Individual Sewage Disposal Systems.
18. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
19. The Spill Prevention, Control and Countermeasure Plan shall be available on the site, at
all times.
20. All potentially hazardous chemicals must be handled in a safe manner, in accordance
with product labeling. All chemicals must be stored secure, on an impervious surface,
and in accordance with manufacturer's recommendations.
21. The applicant shall obtain a Colorado Discharge Permit System Permit, CDPS, from the
Colorado Department of Public Health and Environment (CDPHE), Water Quality Control
Division, as applicable.
22. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
23. 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 streets. No colored lights may be used which may be confused with, or
construed as, traffic control devices.
24. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
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25. 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.
26. 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.
27. 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.
28. 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 and recognized at all times.
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