HomeMy WebLinkAbout20143585.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0053, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY (WATER
DEPOT) IN THE A (AGRICULTURAL) ZONE DISTRICT- EQUUS FARMS, 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 26th day
of November, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Equus Farms, LLC, 37139 U.S. Highway 34, Kersey, CO 80644, for a
Site Specific Development Plan and Use by Special Review Permit, USR14-0053, 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:
NE1/4 W1/2 of Section 2, Township 3 North,
Range 62 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, represented by John Finegan,
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 site is located within a
rural area. The nearest residence (on property owned by the
applicant) is located approximately 1/2 mile to the south of the
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SPECIAL REVIEW PERMIT (USR14-0053) - EQUUS FARMS, LLC
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site. Noise standards are proposed to mitigate impacts on
surrounding Agricultural zoned land.
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." The proposed application has been
reviewed for all potential impacts to surrounding properties and
referral agencies. The application indicates that lighting will have
motion sensors and will be downcast and noise standards are
proposed to mitigate impacts on surrounding Agricultural zoned
land.
3) 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 off-site Improvements and Road
Maintenance Agreement is required for this proposed use to
address impacts (dust control, road damage, and road
improvement triggers) on adjacent county roads used by trucks
hauling water.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-40.A of the Weld County Code allows Mineral
Resource Development Facilities including Oil and Gas Support
and Service facilities (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
within a rural area. The nearest residence (on property owned by the
applicant) is located approximately 1/2 mile to the south of the site. The
application indicates that lighting will have motion sensors and will be
downcast. Additionally, noise standards are proposed and a Road
Maintenance and Improvements Agreement is required to address
impacts to adjacent county roads from trucks hauling to and from the site.
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 not located within a three (3) mile referral area
of any municipality, nor is it located within any existing Intergovernmental
Agreement Area (IGA) of a municipality.
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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 10.8
acres "Other" per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map.
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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Equus Farms, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR14-0053, 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. An off-site Improvements and Road Maintenance Agreement is required
for this site. Road maintenance including dust control, damage repair, and
triggers for improvements will be included.
B. 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 but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation, drilling operations, or
storage of equipment and materials.
C. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR14-0053.
2. The attached Development Standards.
3. The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
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4. County Road (CR) 386 is designated on the Weld County Road
Classification Plan as a gravel 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 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. This road is maintained by
Weld County.
5. The applicant shall show standard double cattle guard back to
back for tracking control across entire entrance.
6. The applicant shall show the approved access on the plat and
label with the approved Access Permit Number AP14-00396.
7. 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.
8. The applicant shall show and label the floodplain and floodway (if
applicable) boundaries on the plat. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel
Number.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) paper copy, or an electronic version (.pdf), 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.
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.
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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.
B. In the event that one (1) or more acres are disturbed, the applicant shall
obtain a Stormwater Discharge Permit from the Water Quality Control
Division of the Colorado Department of Public Health and Environment
(CDPHE).
C. A Right-of-Way Permit is required for any work within the public
right-of-way.
D. 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 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 26th day of November, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: C��` , (� ads.� oc��2WZ�P(9LP WI ir
V.�c+W/ G ` ouglas/Rademacher, Ch air
Weld County Clerk to the Board /
Imo`' E l'a )—(Aw>! �-,c,t�r <�.0 �.
F bara Kirkmeyer, P o-Tem
BY. 1, J. . I A,i■. �i ,R ,up,, l•
D `, Clerk toth Boarccq,.
3=n P. Conway
APP S FORM: �® I. �e�� Mike PA ✓ a�
Freeman
ounty Attorney EXCUSED
William F. Garcia
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
EQUUS FARMS, LL
USR14-0053
1. The Site Specific Development Plan and Use by Special Review Permit, USR14-0053, 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. The signage on the site shall be maintained in accordance with Chapter 23, Article IV
and Appendices 23-C, 23-D and 23-E of the Weld County Code.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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 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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11. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
12. 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 of the adjacent
properties in accordance with the plan. Neither the direct, not 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.
13. The signage/lighting on the site shall be maintained.
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 onsite 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
#080266-0800C, dated September 28, 1982. The property owner 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.
20. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
21. 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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22. 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.
23. 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.
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 plat and recognized at all times.
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