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RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY CIAL VIEW
PERMIT, USR14-0032, FOR A MINERAL RESOURCE DEVELOPM T FA TY,
INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACIL (WA
DEPOT)IN THE A(AGRICULTURAL)ZONE DISTRI BASHOR
WHEREAS,the Board of County Commissione of Weld Cou olorado,pursuant to
Colorado statute and the Weld County Home Rul harter, is veste the authority of
administering the affairs of Weld County,Colorado, d
WHEREAS,the Board of County Com • ione eld a public hearing on the 24th day
of September,2014,at the hour of 10:00 a.m. the Cha s of the Board, r the purpose of
hearing the application of David Bashor,907 R 10,Fort Lup CO 8062 ,for a Site Specific
Development Plan and Use by Special Review Permit,USR14- 2,fo Mineral Resource
Development Facility,including an Oil d Gas Support and Service ' y(water depot)in the
A(Agricultural)Zone District,on the ollowing described real estate eing more particularly
described as follows:
N1/2 SE1/4 Section 17, Townshi 10 orth,
Range 61 W t of the 6th P.M., Id ounty,
Colorado
WHEREAS,at s d hearing,the plicant was repr ented by Sheri Lockman,Lockman
Land Consulting,LLC, 509 CR 41,Eat CO 80615,a
WHEREAS, ction 23-2-230 e nty Code provides standards for review of
said Use by Special eview Permi nd
WHEREAS, t of County C missioners heard all of the testimony and
statements of those present,studied the re st of the applicant and the recommendation of
the Weld C nty Planning Commission an all of the exhibits and evidence presented in this
matter and aving been fully informed,fin that this request shall be approved for the following
reasons:
. The bmitted materials are in compliance with the application requirements of
Sec n 23-2-260 of the Weld County Code.
It the opinion o he Board of County Commissioners that the applicant has
own complianc ith Section 23-2-230.B of the Weld County Code as follows:
Section 3-2-230.B.1--The proposed use is consistent with Chapter 22
and a other applicable code provisions or ordinance in effect.
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."
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SPECIAL REVIEW PERMIT (USR14-0032) - DAVID BASHOR
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2) Section 22-2-20.1.5 (A.Policy 9.5) states: "Applications for a
change of land use in the agricultural areas should be reviewed in
accordance with all potential impacts to surrounding properties
and referral agencies."
3) Section 22-5-100.A (OG.Goal 1) states: "Promote the reasonable
and orderly exploration and development of oil and gas mineral
resources."
4) Section 22-2-80.C (I.Goal 3) states: "Consider how transportation
infrastructure is affected by the impacts of new or expanding
industrial developments."
5) Section 22-2-80.D (I.Goal 4) states: "All new industrial
development should pay its own way"
6) Section 22-2-80.D.1 (I.Policy 4.1) states: "New development
should pay for the additional costs associated with those services
directly impacted by the new industrial development." The
proposed water depot facility is located in a rural area
approximately 1.25 miles south of the Town of Grover. There are
no residences in the vicinity of the site and the application
indicates that initial truck traffic will go south (away from the Town
of Grover) to County Road (CR) 110. There are no residences
from the water depot site to CR 110. An Improvements and Road
Maintenance Agreement is required as a Condition of Approval to
address dust, road damage, and road improvement triggers
related to truck traffic coming from the depot site.
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 of the Weld County
Code allows Mineral Resource Development Facilities, including an Oil
and Gas Support and Service (water depots) as a Use by Special Review
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 site is located in
a rural area. The nearest residences are located in the Town of Grover
1.25 miles to the north and a residence on the landowner's property
approximately 1.5 miles to the southwest of the site. The application
states that initial traffic will travel south on CR 89 to CR 110. A Lighting
Plan is attached as a Condition of Approval and an Improvements and
Road Maintenance Agreement is required to address impacts to CR 89.
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
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SPECIAL REVIEW PERMIT (USR14-0032) - DAVID BASHOR
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municipalities. The site is located within the three (3) mile referral area of
the Town of Grover. No referral response has been received.
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.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
471 acres delineated as "High Potential Dry Cropland — Prime if Irrigated,"
per the 1979 Soil Conservation Service Important Farmlands of Weld
• County Map. The proposed water depot site will be located on a ten (10)
acre lease area and mobile (not permanent) water tanks are proposed.
G. Section 23-2-230.B.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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of David Bashor, for a Site Specific Development
Plan and Use by Special Review Permit, USR14-0032, for a Mineral Resource Development
Facility, including an Oil and Gas Support and Service Facility (water depot) 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 attempt to address the requirements and
recommendations of the West Greeley Soil Conservation District, as
stated in the referral response dated June 17, 2014. Written evidence of
•
such shall be submitted to the Weld County Department of Planning
Services.
B. 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."
C. An Improvements Agreement and Road Maintenance Agreement is
required for this site. Road maintenance, including dust control, damage
repair, and triggers for improvements will be included.
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D. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR14-0032.
2. The attached Development Standards.
3. The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4. The approved Lighting Plan.
5. County Road (CR) 89 is designated on the Weld County Road
Classification Plan as a local gravel road, which requires 60 feet of
right-of-way at full buildout. The applicant shall verify and
delineate on the plat the existing right-of-way and the documents
creating the right-of-way. All setbacks shall be measured from the
edge of future right-of-way. This road is maintained by Weld
County.
6. CR 118 is a non-maintained County Section line right-of-way. The
applicant shall verify and delineate on the plat the existing
right-of-way and the documents creating the right-of-way. All
setbacks shall be measured from the edge of future right-of-way.
7. The applicant shall show and label the approved access point on
the plat (approved under AP14-00268).
8. The applicant shall label the approved water quality feature on the
plat as "Water Quality Feature, No Build/Storage Area", and label
the required volume.
9. Tracking control shall be delineated on the plat. Standard tracking
control for access onto gravel roads includes double cattle guards
across both lanes at the access point.
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.
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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.
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 for construction of
non-pipeline items such as structures, parking lots, laydown yards etc, a
Weld County Grading Permit will be required prior to the start of
construction.
B. A Right-of-way Permit is required for any work within the public
right-of-way.
6. Prior to Operation:
A. A sign shall be posted stating: No disposal of wastes is allowed.
7. 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 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 24th day of September, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
L�
ATTEST: d W/ �c��'c) -r bt c�c�
Mu Rademacher, Chair
Weld County Clerk to the Boar.
EXCUSED
II arbara Kirkmeyer, Pro-Tern
De ' f Clerk to he Bo.r � '( ;'�?� � XCUSED
Pr :ean P. Conway
APP D RNA: a,
Mike Fr
County Attorney ( . 2
William F. Ga
Date of signature: /0/La
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DAVID BASHOR
USR14-0032
1. The Site Specific Development Plan and Use by Special Review Permit, USR14-0032, is
for a Mineral Resource Development Facility, including Oil and Gas Support and Service
(water depot) 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 hours of operation are 24 hours a day, 365 days a year, as stated by the
applicant(s).
4. The signage on the site shall be maintained.
5. The lighting on the site shall be maintained in accordance with the approved Lighting
Plan.
6. All liquid and solid wastes, Stephanie Arries, Assistant County Attorney, 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. 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 applicant shall operate in accordance with the approved Waste Handling
Plan, at all times.
9. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
10. 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.
11. 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 (WCDPHE). Portable toilets shall be serviced by a cleaner licensed in
Weld County and shall contain hand sanitizers.
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12. The fresh water storage and loading system shall be operated in a manner to minimize
spills. Fresh water spills should be captured in above-ground containment areas for
reuse or allowed to infiltrate. There shall be no discharge from this process to surface
waters or through the facility's stormwater management system, in accordance with the
rules and regulations of the Colorado Water Quality Control Commission, and the
Environmental Protection Agency.
13. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
14. 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.
15. 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.
16. The historical flow patterns and runoff amounts will be maintained on the site.
17. Weld County is not responsible for the maintenance of onsite drainage related features.
18. There shall be no parking or staging of vehicles on County roads. On-site parking shall
be utilized.
19. The right-of-way or easement shall be graded and drained to provide an all-weather
access.
20. 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 2011 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.
21. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
22. 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.
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23. 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.
24. 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.
25. 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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