HomeMy WebLinkAbout20130144.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY S AL
PERMIT, USR12-0062, FOR A USE PERMITTED AS A USE BY RIGHT, ES
USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTR Z
DISTRICTS (MANUFACTURING, FABRICATION AN ) G OF OIL A GA
AND AGRICULTURAL EQUIPMENT) PROVIDED THA E P. • IS T
LOT IN AN APPROVED OR RECORDED SUB ' SION T OR PART •
OR PLAN FILED PRIOR TO ADOPTION OF Y REGUL ONS CONTROLLING
SUBDIVISIONS IN THE A (AGRICULTURAL ONE DISTRIC - F HOLDINGS, LLC
WHEREAS, the Board of County Commi- -loners o eld County, Color -
Colorado statute and the Weld County Home Rule Charte , 's vested with th
administering the affairs of Weld County, C' •rado, and
WHEREAS, the Board of County
of January, 2013, at the hour of 10:00 -
hearing the application of RF Holdings
80621, for a Site Specific Development
for a Use permitted as a Use by Rig
Commercial or Industrial
and agricultural equipme
subdivision plat or part
subdivisions in the A (A
more particularly descri
e Districts
provided th -
a map or pla
icultural) Zone
d as follows:
L•
th
Ran
Colors
P
, pursuant to
uthority of
ommissioners held a pu • hea ' g on the 16th day
., in the Chambers of the , • - for the purpose of
LLC, 8394 U.S. Highway 85 rt Lupton, Colorado
Ian and Use by Special Re w Permit, USR12-0062,
Accessory Use, or Us= •y Special Review in the
anufacturing, fabricati _ nd painting of oil and gas
the property is not a Lot an approved or recorded
iled prior to adoption of = ny regulations controlling
•trict, on the following -scribed real estate, being
A of Recorded Ex
g part of the
1/2 of
• 65
tion, RECX -0097,
o • 26, - part of
on 27, all I To ' ip 3 North,
est of the 6th M., Weld County,
W REAS, at said hearing, the applic- t was represented by Tim Naylor,
AGPR• -ssionals, LLC, 4350 Highway 66, Longmon' Colorado 80504, and
WHEREAS, Section 23-2-230 of the Weld unty Code provides standards for review of
said Us- Special Revi- Permit, and
WHE - . - S, t Board of Coun Commissioners heard all of the testimony and
nts of th • - resent, studied t request of the applicant and the recommendation of
County P - ing Commissi • and all of the exhibits and evidence presented in this
d, having bee ly inform- -, finds that this request shall be approved for the following
The submitted ma
erials are in compliance with the application requirements of
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:
Ct Cat, a- I L, APPC.
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SPECIAL REVIEW PERMIT (USR12-0062) - RF HOLDINGS, LLC
PAGE 2
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.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."
2) 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."
3) Section 22-2-20.1.3 (A.Policy 9.3) states: "Consider mitigation
techniques to address incompatibility issues. Encourage
techniques and incentives, such as, but not limited, to clustered
development and building envelopes, to minimize impacts on
surrounding agricultural land."
4) Section 22-2-100.A.2 (OG.Policy 1.2) states: "Oil and gas support
facilities which do not rely on geology for locations should locate in
commercial and industrial areas, when possible, and should be
subject to review in accordance with the appropriate sections of
this Code." The site is located 1/2 mile south of County Road
(CR) 30 and approximately 1/2 mile from the nearest single family
resident. A Lighting Plan is required as a Condition of Approval of
this application. Additionally, several Development Standards are
proposed (such as requiring the applicant to adhere to county
noise requirements) to ensure compatibility with existing
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.S of the Weld County
Code allows for a Use permitted as a Use by Right, Accessory Use, or
Use by Special Review in the Commercial or Industrial Zone Districts,
provided that the property is not a Lot in an approved or recorded
subdivision plat or lots parts of a map or plan filed prior to adoption of any
regulations controlling subdivisions 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 proposed use is
located in a rural area adjacent to an existing composting facility to the
south, permitted under AMUSR-1276. The nearest residence is located
approximately 1/2 mile from the site. No phone calls, e -mails or
correspondence has been received from surrounding property owners in
regards to this case. However, this application is to address a citizen
initiated zoning complaint (COMP12-00108) for not having the necessary
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land use permits before operating a commercial business. A Lighting
Plan is required as a Condition of Approval for this application.
Additionally, several Development Standards are proposed (such as
requiring the applicant to adhere to county noise requirements) to ensure
compatibility with existing surrounding land uses.
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. This site is not located within a three-mile referral area of
any municipality, nor is it located within any existing Intergovernmental
Agreement (IGA) Area of a municipality.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. Effective April 25, 2011, building
permits issued on the property will be required to adhere to the fee
structure of the County -Wide Road Impact Fee Program. Effective
April 25, 2011, building permits issued on the property will be required to
adhere to the fee structure of the 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 site is identified as "Irrigated Non Prime" and "Other"
according to the Prime and Important Farmlands Map of Larimer and
Weld Counties.
Section 23-2-230.B.7 — 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 RF Holdings, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR12-0062, for a Use permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (manufacturing, fabrication and painting of oil and gas and agricultural equipment)
provided that the property is not a Lot in an approved or recorded subdivision plat or part of a
map or plan filed prior to adoption of any regulations controlling subdivisions 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 address the requirements or concerns of the Weld
County Department of Building Inspection, as stated in the referral
response dated September 29, 2012. The applicant shall submit a
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complete change of use Building Permit Application for buildings utilized
in conjunction with the business (including the on -site modular
residence/office). Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
B. The applicant shall submit evidence of an Air Pollution Emission Notice
(A.P.E.N.) and Emissions Permit Application from the Air Pollution Control
Division (APCD), Colorado Department of Public Health and
Environment, if applicable. Alternately, the applicant may provide
evidence from the APCD that they are not subject to these requirements.
C. In the event washing of vehicles and equipment will occur on the site, the
applicant shall ensure that any vehicle and equipment washing area(s)
shall capture all effluent and prevent discharges from the washing
vehicles and equipment in accordance with the rules and regulations of
the Water Quality Control Commission, and the Environmental Protection
Agency. Vehicle and equipment washing areas should be designated on
the plat.
The applicant shall submit an updated Waste Handling Plan, for approval,
to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. The Waste Handling Plan
shall include procedures for cleanup and disposal of spilled paints,
solvents and other hazardous materials. Include storage, removal and
disposal or recycling of any scrap metal or scrap equipment parts, along
with the waste handlers and disposal or recycling facilities for scrap metal
and scrap parts.
E. The applicant shall provide the Department of Planning Services with a
Lighting Plan, for review and approval.
F. A Sign Plan (if any signs are proposed) shall be submitted, for review and
approval, by the Department of Planning Services. Signs shall adhere to
the requirements of Chapter 23 of the Weld County Code.
G. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR12-0062.
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 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
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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) Identify the location of outdoor storage of equipment, raw materials
and finished materials associated with the business.
6) The easement or right-of-way for access to the property shall be
identified on the plat with the recording number and date.
7) The applicant is indicating that the site will be bermed to contain
runoff. The appliance shall show and label this area as a water
quality capture feature (WQCF).
8) The applicant shall show the approved access on the plat and
label it with the approved access permit number (AP#12-00351).
9) The plat shall delineate the approved Lighting Plan.
10) The approved Sign Plan (if applicable).
11) The off-street parking spaces, including the access drive, shall be
surfaced with gravel, asphalt, concrete or the equivalent and shall
be graded to prevent drainage problems.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
three (3) paper copies of the plat for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the paper copies, the
applicant shall submit a Mylar plat, along with all other documentation required
as Conditions of Approval. The Mylar plat shall be recorded in the office of the
Weld County Clerk and Recorder by the Department of Planning Services. The
plat shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. 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 applicant shall be responsible for paying
the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approve 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
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(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
5. 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.
B. The septic system is required to be designed by a Colorado registered
professional engineer, according to the Weld County I.S.D.S.
Regulations.
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of January, A.D., 2013.
ATTEST:
Weld County Cler to the Board
BY:
Deputy Cle
APPROVED AS
County Attorney
Date of signatureFEB 2 6 2013
BOARD OF
WELD CO
OUNTY COMMISSIONERS
Y, COLORADO
WilliamF. Garcia, Chair
Dougl s Radem cher, Pro-Tem
� S V
can P. Conway
C-
i
ike Freeman
Barbara Kirkmeye J
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RF HOLDINGS, LLC
USR12-0068
1. A Site Specific Development Plan and Use by Special Review Permit, USR12-0062, is
for a Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (manufacturing, fabrication and painting of oil
and gas and agricultural equipment) provided that the property is not a Lot in an
approved or recorded subdivision plat or part of a map or plan filed prior to adoption of
any regulations controlling subdivisions in the A (Agricultural) Zone District.
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 limited to nineteen (19), as stated in the
application materials.
4. The hours of operations shall be limited to 6:00 a.m. - 7:00 p.m., Monday thru Saturday,
as stated in the application materials.
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
Commercial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
10. Any vehicle or equipment washing areas shall capture all effluent and prevent
discharges, in accordance with the rules and regulations of the Water Quality Control
Commission, and the Environmental Protection Agency.
11. All potentially hazardous chemicals must be handled in a safe manner in accordance
with product labeling, and in a manner that minimizes the release of hazardous air
pollutants (HAP's) and volatile organic compounds (VOC's). All chemicals must be
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stored secure, on an impervious surface, and in accordance with manufacturer's
recommendations.
12. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
13. 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.
14. This application is proposing a well as its source of water.
15. In the event the facility's water system serves more than 25 persons on a daily basis, the
water system shall comply with the Colorado Primary Drinking Water Regulations
(5CCR 1003-1). Evidence shall be provided to the Weld County Department of Public
Health and Environment that the system complies with the regulations.
16. The operation shall comply with the Occupational Safety and Health Act (OSHA).
17. Buildings and structures shall conform to the requirements of the various codes adopted
at the time of permit application. Currently, the following have been adopted by Weld
County: 2012 International Building Code, 2012 International Mechanical Code, 2012
International Plumbing Code, 2006 International Energy Code, 2012 International Fuel
Gas Code, 2011 National Electrical Code, 2003 ANSI 117.1 Accessibility Code, and
Chapter 29 of the Weld County Code.
18. A building permit may be required for any new construction, alteration, or addition to any
buildings or structures on the property. It is required that a Code Analysis be done on
the project by a design professional with experience in this area. A Building Permit
Application must be completed and two (2) complete sets of engineered plans, including
Engineered Foundation Plans bearing the wet stamp of a Colorado registered architect
or engineer, must be submitted for review. A Geotechnical Engineering Report
performed by a registered Colorado engineer shall be required or an Open Hole
Inspection.
19. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
20. Effective April 25, 2011, building permits issued on the property will be required to
adhere to the fee structure of the County -Wide Road Impact Fee Program.
21. Effective April 25, 2011, building permits issued on the property will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee
Programs.
22. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
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23. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
24. 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.
25. The lighting on the site shall be maintained in accordance with the approved Lighting
Plan.
26. 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.
27. 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.
28. The right-of-way or easement shall be a graded and drained road to provide an
all-weather access.
29. 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.
30. 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.
31. 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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