HomeMy WebLinkAbout20110364.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Robert Grand,that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1764
APPLICANT: Rodney& Karen Steely
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for an Oil
and Gas Support and Service, including parking and maintenance for a tank
service company, along with a field office in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A RE-3779; located in Part of the SE4 of Section 16, T6N, R65W of the 6th
P.M., Weld County, Colorado.
LOCATION: North of and adjacent to State Hwy 392 and approximately 600 feet west of CR 43.
be recommended favorably to the Board of County Commissioners 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 Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20.G 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 I.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."
The Department of Planning Services is requiring a Screening Plan be submitted to screen
the trucks to be parked on site.
B. Section 23-2-220.A.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 23-2-220.A.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. The nearest residence is located
immediately to the east of the site(within 200-feet). Other residences in proximity to the site
are located approximately 1,000 feet to the west and to the east of the site.
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 site will
be limited (a total of six) and there is a requirement that any outside parking area be
screened.
D. Section 23-2-220.A.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 3-mile referral areas for the Town of Eaton and
the City of Greeley. No referral response i r-- - -iv-d from either from the Town of
Eaton and the City of Greeley.
2011-0364
Resolution USR-1764
Rodney& Karen Steely
Page 2
• E. Section 23-2-220.A.5--The application complies with Article V, Divisions 1, 2, 3 and 4 of the
Weld County Code.
Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
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. (Ordinance 2005-8 Section 5-8-40)
F. Section 23-2-220.A.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 Road Impact Program. (Ordinance 2002-11)
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. (Ordinance 2005-8 Section 5-8-40)
G. Section 23-2-220.A.6 --The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. The parcel is approximately
5 acres in size with an existing residence and outbuilding on the property.
H. 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 ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
• Previously,the property was in violation(ZCV-09-00204)for the presence of a commercial trucking operation
without an approved and recorded Use by Special Review permit (USR); however upon approval from the
Board of County Commissioners, the violation will be closed.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall submit a dust abatement plan, detailing on site dust control measures, for
review and approval, to the Environmental Health Services, Weld County Department of Public
Health & Environment. Written evidence of Environmental Health Services approval shall be
provided to the Department of Planning Services. (Department of Public Health & Environment)
B. In the event washing of vehicles will occur on site the applicant 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 should be designated on the plat.
Written evidence of Environmental Health Services approval shall be provided to the Department
of Planning Services. (Department of Public Health & Environment)
C. In the event the applicant intends 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
Resolution USR-1764
Rodney& Karen Steely
Page 3
• into compliance with current Regulations. Written evidence of Environmental Health Services
approval shall be provided to the Department of Planning Services. (Department of Public Health
& Environment)
D. Submit documentation from 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. (Department of Public Health 8i Environment)
E. The applicant shall submit a waste handling plan, for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health&Environment. The plan shall
include at a minimum, the following:
1) A list of wastes which are expected to be generated on 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 site.
3) The waste handler and facility where the waste will be disposed(including the facility
name, address, and phone number).
Written evidence of Environmental Health Services approval shall be provided to the
Department of Planning Services. (Department of Public Health and Environment)
F. The applicant shall address the requirements of the Colorado Department of Transportation
(CDOT)as stated in their e-mail dated 9/23/2010.Written evidence of Colorado Department
of Transportation approval shall be submitted to the Department of Planning Services.
(Department of Public Works)
• G. The applicant shall address the requirements of the Weld County Department of Building
Inspection as stated in their referral dated 10/11/2010. Written evidence of such shall be
provided to the Department of Planning Services. (Department of Building Inspection)
H. The applicant shall submit a screening plan for review and approval by the Department of
Planning Services.The tanker trucks shall be screened by an opaque fence(or landscaping
material) from adjacent properties and rights-of-way or shall be placed inside an enclosed
building. (Department of Planning Services)
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.
(Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. All sheets of the plat shall be labeled USR-1764. (Department of Planning Services)
4. The applicant must show their water quality area on the final plat. The area should
be called out as "Water Quality, No Build or Storage Area". (Department of Public
Works)
5. Please add the following note to the USR plat: "Weld County is not responsible for
the maintenance of drainage related features." (Department of Public Works)
• 6. The approved Screening Plan. (Department of Planning Services)
Resolution USR-1764
Rodney& Karen Steely
Page 4
• J. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
2. Upon completion of 1. above 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 Department of Planning Services' Staff. 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 (60) days from the date of the Board of
County Commissioners resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
3. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn(Microstation);acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is.tif(Group 4). (Group 6 is not acceptable). This digital file may be
sent to dhuertert7a.co.weld.co.us. (Department of Planning Services)
4. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk
and Recorder. (Department of Planning Services)
Motion seconded by Jason Maxey.
VOTE:
For Passage Against Passage Absent
• Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Erich Ehrlich
Roy Spitzer
Mark Lawley
Nick Berryman
Jason Maxey
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on January 4, 2011.
Dated the 4r" of January, 2011.
• Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• Rodney & Karen Steely
USR-1764
1. The Site Specific Development Plan and Special Use Permit is for a an Oil and Gas Support and
Service Facility including parking and maintenance for a tank service company along with a field
office in the A (Agricultural) Zone District in the A (Agricultural) Zone District, and subject to the
Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. All vehicles and trailers associated with this use shall be currently licensed and operational.
(Department of Planning Services)
4. On site parking of tanker trucks shall be limited to a total of six (6)trucks. (Department of Planning
Services)
5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 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. (Department of Public Health and Environment)
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, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
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. (Department of Public
• Health and Environment)
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. (Department of Public Health and Environment)
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. (Department of Public Health and
Environment)
10. Adequate drinking, hand washing and toilet facilities shall be provided at all times. (Department of
Public Health and Environment)
11. The applicant shall operate in accordance with the approved "waste handling plan" at all times.
(Department of Public Health and Environment)
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). (Department of Public
Health and Environment)
13. 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 stored secure, on an impervious surface, and in
accordance with manufacturer's recommendations. (Department of Public Health and Environment)
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.
(Ordinance 2005-8 Section 5-8-40). (Department of Planning Services)
• 15. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the County Road Impact Program. (Ordinance 2002-11)(Department of Planning
Services)
Resolution USR-1764
Rodney& Karen Steely
Page 6
• 16. The historical flow patterns and run-off amounts will be maintained on 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 run-off rate and velocity increases,diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
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/landowner
shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be
maintained at a maximum height of 12 inches until the area is completely developed. (Department of
Public Works)
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 design professional
registered in the State of Colorado. (Department of Building Inspection)
19. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2006 International Building
Code; 2008 National Electrical Code; 2006 International Mechanical Code; 2006 International
Plumbing Code: 2006 International Energy Code;2006 International Fuel Gas Code; 2003 ANSI
117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building
Inspection)
20. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
21. The property owner or operator shall be responsible for complying with the Operation Standards of
• Section 23-2-250, Weld County Code.
22. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code.
23. Personnel from the Weld County Government 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
Development Standards stated herein and all applicable Weld County regulations.
24. The 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.
25. 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.
•
I - y -aoj1
• if they are in agreement with those. The applicant replied that he is in agreement.
Mark Lawley moved that Case PZ-1140, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, seconded by Erich Ehrlich.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Erich Ehrlich,yes; Robert Grand,yes; Bill Hall,yes;Alexander Zauder,absent;Jason Maxey,
yes; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair read the following case into record.
CASE NUMBER: USR-1764
APPLICANT: Rodney& Karen Steely
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for an Oil
and Gas Support and Service, including parking and maintenance for a tank
service company, along with a field office in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A RE-3779; located in Part of the SE4 of Section 16,T6N, R65W of the 6th
P.M., Weld County, Colorado.
LOCATION: North of and adjacent to State Hwy 392 and approximately 600 feet west of CR 43.
Chris Gathman, Planning Services, stated that this application is to correct a zoning violation(ZCV09-00204)
for the presence of a commercial trucking operation without first obtaining the necessary land use permits.
Should this application be approved and the final plat recorded this violation will be dismissed.
The proposed site is located in an agricultural area. The nearest residences are located immediately to the
east of the site, approximately 200 feet away. Other residences in proximity to this site are located
• approximately 1,000 feet to the west and to the east of the site. There is an existing landscape business
located to the north and west of the site.
Eleven referral agencies reviewed the case; six referrals were received and either indicated no conflict with
their interests or have been addressed as conditions of approval and/or development standards.
The site is located within the three mile referral areas for the Town of Eaton and the City of Greeley. No
referral response has been received from either of these municipalities.
The applicant submitted two letters of support from neighboring property owners in regard to this application.
Additionally, the original application mentioned having up to six vehicles stored on site on a regular basis and
also quarterly staff meetings. In visiting with the applicants, they have scaled that back with storing up to four
vehicles on site and no staff meetings.
Mary Evett, Environmental Health, stated that there is an existing septic system permitted for ten people.
Water is supplied by North Weld County Water District. Since there will be office employees and drivers
entering the facility they must have access to potable water, restroom and handwashing facilities. If the
existing septic system is utilized for the employees and the drivers and the number of people exceed ten
people per day, the existing system will require an engineered review to determine that it is adequately sized
or they may install a separate septic system for their business use. In addition, documentation from the Water
District is required indicating that they have no objections to this request. Minor vehicles repairs will be done
onsite; however no fluid changes will be performed on the property.
Heidi Hansen, Public Works, stated that access is onto State Highway 392 which is under control of CDOT.
CDOT is requiring a new access permit for this application to authorize the truck traffic. The applicant is
utilizing a shared access with the neighboring property and they have submitted a letter from the neighbor
indicating approval.
• Rodney Steely, 20759 Hwy 392, said that he hauls crude oil out of the field and has needed someplace to park
some additional equipment from time to time. He said that the are livin• in the house and they did use it as a
it 477- 4
• partial office; however they have moved most of it out and added that they are working on a new facility to
house their business. Mr. Steely stated that he has had no problems with his neighbors. In addition, he said
that they have submitted the access permit with CDOT.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The Chair asked the applicant if he read through the Development Standards and Conditions of Approval and
if they are in agreement with those. The applicant replied that he is in agreement.
Commissioner Maxey commented that he has driven past this property many times and it is a very well kept
property. He asked staff what type of screening would be required for the truck parking. Commissioner
Holton said that because the property is so clean that he would rather see some kind of trees or something
instead of a chain link fence.
Robert Grand moved that Case USR-1764, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, seconded by Jason Maxey.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Erich Ehrlich,yes; Robert Grand, yes; Bill Hall,yes with comment;Alexander Zauder,absent;
Jason Maxey, yes; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
Commissioner Hall commented that he drives by the property frequently and complimented Mr. Steely on how
nice the property looks.
The following case was read into record.
• CASE NUMBER: USR-1761
APPLICANT: Bruce&Janet Richard
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Commercial Junkyard or Salvage Yard (leasing and sales of vehicles and
equipment, and vehicle service/repair)in the C-3(Commercial)Zone District.
LEGAL DESCRIPTION: Lot 3,Althen Boyer Subdivision being part of the SW4 of Section 23,T1 N, R68W
of the 6th P.M., Weld County, Colorado.
LOCATION: East of and adjacent to 1-25 Frontage Road and approximately 1/4 mile north of
CR 6.
Kim Ogle, Planning Services, stated that the Department of Planning Services' staff recommends that this
request be denied solely on the referral from the City of Dacono.
Section 19-2-60.B of the Weld County states, "Development outside urban growth area. To the extent legally
possible pursuant to the Plan and the County's land use regulations as described in Section 19-2-50 B above,
the County will disapprove all proposals for Urban Development in areas of the Southern Weld Planning Area
outside the Urban Growth Area. The proposed commercial use is located outside the urban growth area as
defined in Appendix 19-C of the Weld County Code but is located within the Southern Weld Planning Area,
therefore the City of Dacono is on record to recommend denial of the application to operate a commercial
junkyard or salvage yard, including the leasing and sales of vehicles and equipment,and vehicle service/repair
at a location one mile south of the City limits adjacent to the I-25 corridor which per the City's referral is
perceived as the front door to the City. The City in their referral dated October 14, 2010 specifically states"the
application, as submitted, fails to adequately address the associated environmental considerations. The City
of Dacono has significant concerns with environmental containment issues related to Freon recovery(a threat
to the ozone layer), antifreeze recovery(could pollute stormwater runoff)and battery disposal(Lead and acid
could cause groundwater contamination).
• Further, the City feels the proposed land use is inconsistent with the Weld County Comprehensive Plan
guiding principles stating that land use policies have a significant impact on economic conditions in the
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