HomeMy WebLinkAbout20143747.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0065, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY (WATER
DEPOT) IN THE A (AGRICULTURAL) ZONE DISTRICT - WAGISTICS, LLC, CIO
SELECT ENERGY SERVICES
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 24th day
of December, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Wagistics, LLC, 5629 W. 24th Street, Greeley, CO 80634-4532, c/o
Select Energy Services, 1551 South Sunset Street, Suite A, Longmont, CO 80501, for a Site
Specific Development Plan and Use by Special Review Permit, USR14-0065, 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 following described real estate, being more
particularly described as follows:
Lot A of Recorded Exemption, RECX14-0049;
being part of the E1/2 SW1/4 of Section 6,
Township 5 North, Range 64 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by John Tufte, Lamp
Rynearson and Associates, 4715 Innovation Drive, Fort Collins, CO 80525, 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 23-2-230.6.1 -- The proposed Use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.1.5 (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
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and referral agencies." Noise limits and a lighting standard (if
lighting is proposed) requiring that all lighting be downcast and not
shine onto adjacent properties and roads rights-of-way are
required.
2) Section 22-2-80.C (I.Goal 3) states: "Consider how transportation
infrastructure is affected by the impacts of new or expanding
industrial developments." An Improvements and Road
Maintenance Agreement is required as a condition of approval to
address impacts to county roads as a result of this facility.
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 facility (water depots), as a Use by Special
Review 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 facility is located
across County Road (CR) 60.5 from an existing feedlot, SUP-170 is for
up to 24,000 cattle. The proposed load out facility will be located
approximately 350 feet to the east of an existing residence. Another
residence is located approximately 700 feet to the east. The Cache la
Poudre River is located to the south of the site. A Noise Standard and
Lighting Plan (if lighting is proposed) are attached to address impacts to
surrounding properties and an Improvements and Road Maintenance
Agreement is required to address impacts from traffic on adjacent county
roads. No phone calls or correspondence have been received from
surrounding property owners in regard to this case.
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 Town of Kersey and the City of Greeley. The Town of Kersey, in the
referral comments dated October 2, 2014, indicated no concerns. The
City of Greeley, in the referral response dated October 28, 2014,
indicated that truck traffic associated with the proposed facility would
exacerbate congestion on State Highway 263.
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. The
existing site is within the Greeley-Weld County Airport Overlay District.
The Greeley-Weld County Airport requests that any structures above
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50 feet in height be reviewed. No structures are proposed to be 50 feet in
height per this request.
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 31 acres
delineated as "Other" with a small portion of the site delineated as
"Prime," per the 1979 Soil Conservation Service Important Farmlands of
Weld County Map.
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 Wagistics, LLC, c/o Select Energy Services, for a
Site Specific Development Plan and Use by Special Review Permit, USR14-0065, 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 map:
A. The applicant shall submit a Floodplain Development Permit (FHDP) for
all development activities located within the special flood hazard area.
The Federal Emergency Management Agency (FEMA) definition of
development is any man-made change to improved or unimproved real
estate, including by not limited, to buildings or other structures, mining,
dredging, filling, grading, paving, excavation, drilling operations, or
storage of equipment and materials.
B. An Improvements and Road Maintenance Agreement is required for this
site. Road maintenance, including dust control, damage repair, and
triggers for improvements, will be included.
C. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR14-0065.
2. The attached Development Standards.
3. The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
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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. Proposed On-site Lighting (if applicable).
6. Proposed Signage. Signs shall be in compliance with Chapter 23,
Article IV, Division II and Appendices 23-C, 23-D and 23-E of the
Weld County Code.
7. County Road (CR) 60.5 (old State Hwy 263) is a paved collector
road and requires an 80-foot right-of-way at full buildout. This road
is maintained by Weld County. 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 map. Pursuant to the
definition of setback in the Weld County zoning (23-1-90), the
required setback is measured from the future right-of-way line.
The applicant shall delineate an additional 10 feet of right-of-way
parallel to the existing right-of-way for future buildout should
right-of-way documents indicate that only 60 feet of right-of-way
exists.
8. The applicant shall show the approved access on the map and
label with the approved Access Permit Number(AP14-00217).
9. The applicant shall label the approved water quality feature on the
map as "Water Quality Feature, No Build/Storage Area", and label
the required volume.
10. The applicant shall 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
one (1) paper copy or one (1) electronic copy (.pdf) of the map for preliminary
approval to the Weld County Department of Planning Services. Upon approval of
the map the applicant shall submit a Mylar map along with all other
documentation required as Conditions of Approval. The Mylar map shall be
recorded in the office of the Weld County Clerk and Recorder by the Department
of Planning Services. The map shall be prepared in accordance with the
requirements of Section 23-2-260.D of the Weld County Code. The Mylar map
and additional requirements shall be submitted within one hundred twenty (120)
days from the date of the Board of County Commissioners Resolution. 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
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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. A Right-of-Way Permit is required for any work within the public
right-of-way.
B. A Special Transport Permit is required for any over size or over weight
vehicles.
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of December, A.D., 2014.
+a BOARD OF COUNTY COMMISSIONERS
�La BOARD
COUNTY, COLORADO
ATTEST: os) /;-�i�>.,1/42
�•:..� ` •o glas Rademach r, hair
Weld County Clerk to the
rbara Kirkmeyer, ro- em
BY: � -�
Deputy Cler 1 to the Board
Sean P. Conway
APPROVED/ TO FORM: o
Mike Freem
r dl ) P ,
County Attorney 4•,
William F. arcia
Date of signature: DEC 2 4 21314
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WAGISTICS, LLC, C/O SELECT ENERGY SERVICES
USR14-0065
1. The Site Specific Development Plan and Use by Special Review Permit, USR14-0065, is
for a Mineral Resource Development Facility, including an Oil and Gas Support and
Service Facility (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. 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 applicant shall operate in accordance with the approved Waste Handling
Plan, at all times.
7. 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.
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, handwashing 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 per 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
10. 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
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rules and regulations of the Colorado Water Quality Control Commission, and the
Environmental Protection Agency.
11. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Water Resources.
12. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
13. 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.
14. 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.
15. The historical flow patterns and runoff amounts will be maintained on the site.
16. Weld County is not responsible for the maintenance of on-site drainage related features.
17. There shall be no parking or staging of vehicles on County roads. On-site parking shall
be utilized.
18. All construction or improvements occurring in the floodplain or floodway as delineated on
Federal Emergency Management Agency (FEMA) FIRM Community Panel Map
#080266-0635C and 645C dated September 28, 1982, 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.
19. 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.
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.
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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 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. 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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