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Home My WebLink About20110363.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT #1764 FOR AN OIL AND GAS SUPPORT AND SERVICE (INCLUDING PARKING AND MAINTENANCE FOR A TANK SERVICE COMPANY) IN THE A (AGRICULTURAL) ZONE DISTRICT- RODNEY AND KAREN STEELY 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 9th day of February, 2011, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Rodney and Karen Steely, 20759 State Highway 392, Greeley, Colorado 80631, for a Site Specific Development Plan and Use by Special Review Permit#1764 for an Oil and Gas Support and Service (including parking and maintenance for a tank service company) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot A of Recorded Exemption #3779; being part of the SE1/4 of Section 16, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicants were present, 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 applicants 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 applicants have 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. Section 22-2-20.G.2 (A.Policy 7.2) of the Weld County Code 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." Section 22-2-20.1 (A.Goal 9) of the Weld County Code states, "Reduce potential conflicts between varying land uses in the conversion of traditional agricultural lands to other land uses." ��. LA, 71_ , RW, NL I%/ Appl . 3/4/1 2011-0363 PL2103 SPECIAL REVIEW PERMIT#1764 - RODNEY AND KAREN STEELY PAGE 2 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 of the Weld County Code provides for an Oil and Gas Support and Service Facility (including parking and maintenance for a tank service company) 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 site is located in an agricultural area, with the nearest residence located immediately to the east (within 200 feet). Other residences in proximity to the site are located approximately 1,000 feet to the west and to the east. The attached Conditions of Approval and Development Standards will ensure that the proposed use is compatible with the surrounding area. The number of trucks to be parked on the site will be limited to a total of eight (8), and there is a requirement that any future outside storage area be screened. 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 located within the three-mile referral areas for the Town of Eaton and the City of Greeley; however, no referral response has been received from either municipality. e. Section 23-2-230.B.5 -- The site does not lie within any Overlay Districts. Effective January 1, 2003, building permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. Effective August 1, 2005, building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee Programs. f. Section 23-2-230.B.6 -- The applicants have demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The parcel is approximately five (5) acres in size, with an existing residence and outbuilding on the property. g. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240 of the Weld County Code), Operation Standards (Section 23-2-250 of the Weld County Code), Conditions of Approval, and Development Standards ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. 2011-0363 PL2103 SPECIAL REVIEW PERMIT#1764 - RODNEY AND KAREN STEELY PAGE 3 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Rodney and Karen Steely, for a Site Specific Development Plan and Use by Special Review Permit #1764 for an Oil and Gas Support and Service (including parking and maintenance for a tank service company) 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 applicants shall submit a Dust Abatement Plan, detailing on-site dust control measures, to the Environmental Health Services of the Weld County Department of Public Health and Environment, for review and approval. Written evidence of approval by the Environmental Health Services Division shall be provided to the Department of Planning Services. B. In the event washing of vehicles will occur on the site, the applicants shall ensure that any vehicle washing area(s) shall capture all effluent and prevent discharges from the washing of vehicles, in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. Vehicle washing areas shall be designated on the plat. Written evidence of approval by the Environmental Health Services Division shall be provided to the Department of Planning Services. C. In the event the applicants intend to utilize the existing septic system at the home for employee use, the septic system shall be reviewed by a Colorado registered professional engineer. The review shall consist of observation of the system and a technical review describing the system's ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed, the system shall be brought into compliance with current regulations. Written evidence of approval by the Environmental Health Services Division shall be provided to the Department of Planning Services. D. The applicants shall submit documentation from the North Weld County Water District indicating there is sufficient capacity to serve the business. Written evidence of such shall be provided to the Department of Planning Services. E. The applicants shall submit a Waste Handling Plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. The plan shall include, at a minimum, the following: 2011-0363 PL2103 SPECIAL REVIEW PERMIT#1764 - RODNEY AND KAREN STEELY PAGE 4 1) A list of wastes which are expected to be generated on the site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on the site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). Written evidence of approval by the Environmental Health Services Division shall be provided to the Department of Planning Services. F. The applicants shall address the requirements of the Colorado Department of Transportation (CDOT), as stated in the referral response dated September 23, 2010. Written evidence of CDOT approval shall be submitted to the Department of Planning Services. G. The applicants shall address the requirements of the Weld County Department of Building Inspection, as stated in the referral dated October 11, 2010. Written evidence of such shall be provided to the Department of Planning Services. H. The plat shall be amended to delineate the following: 1) The plat shall comply with Section 23-2-260.D of the Weld County Code. 2) The attached Development Standards. 3) All sheets of the plat shall be labeled USR-1764. 4) The water quality area should be called out as "Water Quality, No Build or Storage Area". 5) A note which states, "Weld County is not responsible for the maintenance of drainage related features." The applicants shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. 2. Upon completion of Condition of Approval #1 above, the applicants 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 sixty 2011-0363 PL2103 SPECIAL REVIEW PERMIT#1764 - RODNEY AND KAREN STEELY PAGE 5 (60) days from the date of the Board of County Commissioners Resolution. The applicants shall be responsible for paying the recording fee. 3. 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. 4. 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 m day of February, A.D., 2011. BOARD OF COUNTY COMMISSIONERS c•' WELD COUNTY, C9LORADO ATTEST: i� . 'N'i'�`ci j,Gh-C/1(-2V4:/t_. • rbara Kirkmeyet, Chair / Weld County Clem _ 1L e=4-\n l j Sean P. ..n •a Pro-Tern BY: Deputy Clerk to the d •�'i... m F. Garcia APP ED AS TO ORM: Davi E. Long o Attorney r enst. • H 7 - -1i-1V--- Dougl- Ra.emac er Date of signature: `3/07/// 2011-0363 PL2103 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS RODNEY AND KAREN STEELY USR #1764 1. The Site Specific Development Plan and Use by Special Review Permit #1764 is for an Oil and Gas Support and Service Facility (including parking and maintenance for a tank service company) in the A (Agricultural) Zone District, and 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. All vehicles and trailers associated with this use shall be currently licensed and operational. 4. On-site parking of tanker trucks shall be limited to a total of eight (8) trucks. 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. 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. Any vehicle washing area(s) shall capture all effluent and prevent discharges from the washing of vehicles in accordance with the rules and regulations of the Water Quality Control Commission, and the Environmental Protection Agency. 9. The 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. 10. Adequate drinking, hand washing, and toilet facilities shall be provided, at all times. 11. The applicants shall operate in accordance with the approved Waste Handling Plan, at all times. 12. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The facility shall utilize the existing public water supply (North Weld County Water District). 13. All potentially hazardous chemicals shall be handled in a safe manner, in accordance with product labeling, and in a manner that minimizes the release of hazardous air pollutants and volatile organic compounds. All chemicals must be stored secure, on an 2011-0363 PL2103 DEVELOPMENT STANDARDS - RODNEY AND KAREN STEELY (USR#1764) PAGE 2 impervious surface, and in accordance with manufacturer's recommendations. 14. Effective August 1, 2005, building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee Programs. 15. Effective January 1, 2003, building permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. 16. The historical flow patterns and runoff amounts will be maintained on the site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to runoff rate and velocity increases, diversions, concentration, and/or unplanned ponding of storm runoff. 17. Pursuant to Chapter 15, Articles I and II, of the Weld County Code, if noxious weeds exist on the property, or become established as a result of the proposed development, the applicant(s)/landowner(s) shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum height of twelve (12) inches until the area is completely developed. 18. A building permit is required for a change of use and any additional work performed which requires a permit. Two (2) sets of prints are required to be submitted, wet stamped by a Colorado registered design professional. 19. Buildings 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: 2006 International Building Code, 2006 International Mechanical Code, 2006 International Plumbing Code, 2006 International Energy Code, 2006 International Fuel Gas Code, 2003 ANSI 117.1 Accessibility Code, 2008 National Electrical Code, and Chapter 29 of the Weld County Code. 20. The property owner(s)/operator(s) shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 21. The property owner(s)/operator(s) shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 22. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 23. 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. 24. 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, 2011-0363 PL2103 DEVELOPMENT STANDARDS - RODNEY AND KAREN STEELY (USR#1764) PAGE 3 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. 25. The property owner(s)/operator(s) 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. 2011-0363 PL2103 Hello