HomeMy WebLinkAbout20140861.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0069, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING OIL AND GAS SUPPORT AND SERVICE (TWO WATER DEPOTS) IN
THE A (AGRICULTURAL) ZONE DISTRICT - ULRICH FARMS, INC
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 19th day
of March, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Ulrich Farms, Inc., 14605 CR 21, Platteville, CO 80651, for a Site
Specific Development Plan and Use by Special Review Permit, USR13-0069, for a Mineral
Resource Development Facility, including Oil and Gas Support and Service (two water depots)
in the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
Lot A of Recorded Exemption, RECX13-0120;
being part of the NE1/4 of Section 22, Township 3
North, Range 67 West of the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing, the applicant was represented by Tim Naylor,
AGPROfessionals, LLC, 3050 67th Avenue, Suite 200, Greeley, CO 80634, 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 23-2-230.8.1. -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
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
CC CRczv) "PL(bv)P( (bC) HLCLL) prppt.
1-1 .8 .avr-I 2014-0861
PL2264
SPECIAL REVIEW PERMIT (USR13-0069) - ULRICH FARMS, INC.
PAGE 2
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
operate two water depots on a 34.9-acre site. There is a private
residence on the northwest section and the two water depots will
be located on the southwest section of the site. The northern
water depot has two pressure tanks and four pumping stations;
the southern water depot has four pumping stations. Both wells
have a totalizing flow meter. The two water depots operate
separately, that is, a truck that loads water from the northern water
depot will not load water from the southern water depot. A
maximum of 25 trucks is expected to access these two water
depots, on a daily basis. No more than 979 acre feet per year will
be pumped from these two water depots according to the Division
of Water Resources. The application materials state that there will
be no employees and the hours of operation are requested to be
24 hours a day/7 days a week. The applicant has stated that no
landscaping or fencing/screening is proposed. The application
materials address the lighting for the site and no parking is
proposed or recommended. 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.B.2. -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.A.2. allows for a Site
Specific Development Plan and Use by Special Review for a Mineral
Resource Development Facility, Including Oil and Gas Support and
Service (two water depots) 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) 21 borders the site on the east. The properties to the
north, south, and west are cropland. The closest residence is
approximately 400 feet east of the site. There are four (4) USRs located
within one (1) mile of this site. Amended USR-127 is for a feedlot for
8,000 head of cattle and is located on the parcel west of and adjacent to
the site. USR-1063 is for a 24-foot gas line and is located one-quarter
mile to the west. USR-1040 is for an agricultural service establishment
and USR-338 is for gravel mining and are located one (1) mile to the west
of the site. The Weld County Department of Planning Services has not
received any correspondence from the surrounding property owners that
objects to this USR. 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.
2014-0861
PL2264
SPECIAL REVIEW PERMIT (USR13-0069) - ULRICH FARMS, INC.
PAGE 3
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 Towns of Milliken, Firestone, and Platteville. The Town of Milliken's
referral dated January 15, 2014, and The Town of Platteville's referral
dated January 6, 2014, indicated no concerns. The Town of Firestone did
not respond with any referral comments.
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 USR is located on approximately 34.9 acres
"Prime (Irrigated)" and 5 acres of"Irrigated Land, Not Prime" per the 1979
Soil Conservation Service Important Farmlands of Weld County Map.
This USR will not take any acres of Prime (Irrigated) Farmland out of
production because the section of the site that is being used for water
depots is too small to farm.
G. Section 23-2-220.A.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 Ulrich Farms, Inc., for a Site Specific
Development Plan and Use by Special Review Permit, USR13-0069, for a Mineral Resource
Development Facility, including Oil and Gas Support and Service (two water depots) 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. An Improvements Agreement is required for the site (haul route CR 21).
Off-site Road Maintenance including dust control, damage repair, and
triggers for improvement will be included.
B. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0069.
2) The attached Development Standards.
2014-0861
PL2264
SPECIAL REVIEW PERMIT (USR13-0069) - ULRICH FARMS, INC.
PAGE 4
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) CR 21 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
55 feet shall be delineated on the plat as future CR 21
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.
6) The applicant shall show tracking control. It is required to prevent
tracking from the site onto the County roadway.
7) The applicant shall show the approved accesses on the plat and
label it with the approved access permit number (AP13-00389).
8) Show the approved Water Quality Capture Feature and label it
"No build, no storage area."
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.
2014-0861
PL2264
SPECIAL REVIEW PERMIT (USR13-0069) - ULRICH FARMS, INC.
PAGE 5
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 prior to the start of 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 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of March, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNT OLORADO
ATTEST: / U e, /
Dougl s Rademac errA Chair
Weld County Clerk to the Board S La
•ara Kirkmeye , Pro-Tem /
BY: d_. �_ �.�I,..► i _.�.- : i
De•u Clerk to the Board704'`
=n P. Conway
APP AS T,O. a _�yc _
Mike F
Attorney
Wi iam F. Garcia
Date of signature: `I I-
2014-0861
PL2264
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ULRICH FARMS, INC.
USR13-0069
1. A Site Specific Development Plan and Use by Special Review Permit, USR13-0069, is
for a Mineral Resource Development Facility, including Oil and Gas Support and Service
(two water depots) 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, seven (7) days a week, as stated by the
applicant.
4. Vehicle tracking control pads will be installed and maintained through the life of the site
to prevent tracking of debris onto the County roadway.
5. The historical flow patterns and runoff amounts will be maintained on the site.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. This facility shall adhere to the maximum permissible noise levels allowed in the
Non-Specified Zone, as delineated in Section 14-9-30 of the Weld County Code.
12. 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 the site for
less than two (2) consecutive hours a day, portable toilets are acceptable. Records of
2014-0861
PL2264
DEVELOPMENT STANDARDS (USR13-0069) - ULRICH FARMS, INC.
PAGE 2
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.
13. 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.
14. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
15. 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.
16. A building permit 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 and must be submitted for
review. A Geotechnical Engineering Report performed by a Colorado registered
engineer shall be required or an Open Hole Inspection.
17. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
18. 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.
19. 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.
20. The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Noncompliance with any of the foregoing
2014-0861
PL2264
DEVELOPMENT STANDARDS (USR13-0069) - ULRICH FARMS, INC.
PAGE 3
Development Standards may be reason for revocation of the Permit by the Board of
County Commissioners.
21. 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.
2014-0861
PL2264
Hello