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MC A A E & SNORT, INC. f 1227 8th AVENUE GREELEY, COLORADO 8063: 3 'Wept:oft. 356-3101 :/SE BY SPECIAL REVIEW NO, lliF;J4J4 - FART OFrAE J6NtFAEA.S7 O6'ARTER OF SECiO4 3.L 4 r WNSN,P 5 NO.Rrn,RANGE 66.IE5 r OF nit'6,A s,*. c weco 6OCNr,, �COLORACO SCALE s, .�.• • ,....'•..•....5I' c,.... - IA IVROJECT RN0 / . 41 • e,o•rpMowy�r�• �'�, ., RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT #1454 FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY; SEMI-TRAILER AND CARGO CONTAINERS SITUATED AS PERMANENT STORAGE UNITS; AND A USE PERMITTED AS A USE BY RIGHT,AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (AN INDUSTRIAL MACHINE SHOP),ALL IN THE A(AGRICULTURAL)ZONE DISTRICT - MICHAEL ARRINGTON 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 2nd day of June, 2004, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Michael Arrington, 4638 23rd Street, Greeley, Colorado 80634, for a Site Specific Development Plan and Use by Special Review Permit #1454 for an Oil and Gas Support and Service Facility;Semi-trailer and Cargo Containers Situated as Permanent Storage Units;and a Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts(an industrial machine shop),all in the A(Agricultural)Zone District on the following described real estate, to-wit: Lot A of Recorded Exemption#735; being part of the S1/2 SE1/4 of Section 33, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was present at said hearing, 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 recommendations 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. Section 22-2-60.D (A.Goal 4) states, "Conversion of agricultural land to nonurban residential,commercial,and industrial uses will be accommodated when the subject site is in an area that can support such development. Such 2004-1400 PL0482 �n: �L /wNL ( ) MG -Zs- ay SPECIAL REVIEW PERMIT#1454 - MICHAEL ARRINGTON PAGE 2 development shall attempt to be compatible with the region."The proposed location is currently permitted as Use by Special Review Permit, USR-891, for a decorative rock sales and ditch cleaning business in the Agricultural Zone District. With the property already developed through USR-891, the proposed use will generate no additional impacts on the agricultural land by not taking any additional farm ground out of production. The proposed development would be serviced by the Central Weld County Water District and an Individual Sewage Disposal System (I.S.D.S.). b. Section 23-2-230.B.2--The proposed use is consistent with the intent of the A (Agricultural) Zone District. Sections 23-3-40.A.2, 23-3-40.U, and 23-3-40.R of the Weld County Code provide for a Mineral Resource Development Facility, including oil and gas support and services; Semi- Trailer and Cargo Containers Situated as Permanent Storage Units; and a Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts(an industrial machine shop) in the A (Agricultural) Zone District. c. Section 23-2-230.6.3--The uses which will be permitted will be compatible with the existing surrounding land uses. The surrounding property to the north,east,and west are primarily agricultural. The surrounding property to the south is residential. The Development Standards and Conditions of Approval will ensure compatibility with adjacent properties. 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 subject property lies within the three-mile referral area of the City of Evans, City of Garden City, Town of LaSalle, and the City of Greeley. The City of Evans, City of Garden City,and Town of LaSalle reviewed the request and found no conflicts with their interests. The City of Greeley is requesting a minimum of 50 feet of right-of-way from the centerline of Weld County Road 50 be reserved. e. Section 23-2-230.6.5 —The site does not lie within any Overlay Districts. Building Permits issued on the lot will be required to adhere to the fee structure of the County-Wide Road Impact Program. f. Section 23-2-230.6.6--The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed use will occupy 4.82 acres, which has already been developed by USR-891, substantially limiting its agricultural value. 2004-1400 PL0482 SPECIAL REVIEW PERMIT#1454 - MICHAEL ARRINGTON PAGE 3 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 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 Michael Arrington fora Site Specific Development Plan and Use by Special Review Permit#1454 for an Oil and Gas Support and Service Facility; Semi-trailer and Cargo Containers Situated as Permanent Storage Units; and a Use Permitted as a Use by Right,an Accessory Use,or a Use by Special Review in the Commercial or Industrial Zone Districts (an industrial machine shop),all 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. All pages of the plat shall be labeled USR-1454. B. The plat shall be amended to delineate the following: 1) The attached Development Standards. 2) The approved Landscape/Screening Plan. 3) Weld County Road 50 is designated on the Weld County Roadway Classification Plan as a local paved road, which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 30 feet from the centerline of Weld County Road 50 shall be delineated as right-of-way on the plat. This road is maintained by Weld County. 4) All approved accesses shall be clearly shown on the plat. 5) The location of the semi-cargo containers situated as permanent storage units. 6) A 200-foot radius from any tank battery and a 150-foot radius of any well head. 7) The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. C. The applicant shall submit a Landscape/Screening Plan for review and approval. The plan shall address the following: 2004-1400 PL0482 SPECIAL REVIEW PERMIT#1454 - MICHAEL ARRINGTON PAGE 4 1) 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 public rights-of-way and adjacent properties. These areas shall be designed and used in a manner that will prevent trash from being scattered by wind or animals. 2) Section 23-3-360.F of the Weld County Code addresses the issue of on-site lighting,including security lighting, if applicable. It states,"any lighting ...shall be designed, located and operated in such a manner as to meet the following standards:sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties...." 3) Section 23-3-350.B of the Weld County Code addresses the issue of screened off-street parking. The applicant shall delineate an opaque visual screen along the road right-of-way with an attempt to make an agreement with the adjacent neighbor to the north for screening along the property line. 4) Any approved signs, if applicable. 5) All outdoor storage shall be screened from surrounding properties and road rights-of-way. 6) The applicant shall demonstrate how the proposed and existing plant material will be irrigated. 7) The applicant shall delineate the location of any proposed and existing plant material. Existing shall be delineated as a circle with a dot in the middle,proposed shall be delineated as a circle with a"+" in the middle. D. The applicant shall contact the Department of Public Works to verify a safe and adequate access for this facility. Evidence of such shall be submitted to the Department of Planning Services. E. The applicant/property owner shall submit a written request to vacate USR-891 to the Department of Planning Services. F. The applicant shall enter into an Improvements Agreement According to Policy Regarding Collateral for Improvements and post adequate collateral for all required improvements. The agreement and form of collateral shall be reviewed by County staff and accepted by the Board of County Commissioners prior to recording the Use by Special Review plat. The Improvements Agreement will not be needed if the necessary improvements are done to the satisfaction of the Department of Public Works and the Department of Planning Services. 2004-1400 PL0482 SPECIAL REVIEW PERMIT#1454 - MICHAEL ARRINGTON PAGE 5 G. This facility shall adhere to the number of on-site parking spaces in Appendix 23-B of the Weld County Code. The total number of on-site parking for this facility shall be thirteen (13)spaces, of which one(1)shall be a van accessible handicapped parking stall meeting all of the requirements as set forth in the Americans with Disabilities Act. Further, the applicant shall delineate curb stops for the parking spaces shown on the Use by Special Review plat. H. The applicant shall address and adhere to the American with Disabilities Act and ADA standards for this facility at all times. Non-ambulatory/Ambulatory parking spaces shall be identified and shown on the plat. This site will be required to meet all requirements of the Americans with Disabilities Act. At least one space must be van accessible. The parking spaces must be the closest possible to the entrance. Signing will be required. Curb cuts, ramps and other methods of providing accessibility shall be required to reasonably attempt to meet the requirements of this Act. Should the applicant elect to not adhere to the previously discussed federal standards,the applicant shall outline how the proposed site design mitigates the requirements of the Americans with Disabilities Act. The applicant shall provide additional information regarding the irrigation well located in the southwest corner of the property, 1.5 feet east of the west property line, and 4.5 feet north of the future right-of-way for Weld County Road 50. J. In the event washing of vehicles will occur on the 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. Evidence of approval by the Department of Public Health and Environment shall be submitted in writing to the Weld County Department of Planning Services. K. The Environmental Health Services Division of the Weld County Department of Public Health and Environment was unable to locate a septic permit for the septic system serving the shop. The septic system serving the shop 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. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. 2004-1400 PL0482 SPECIAL REVIEW PERMIT#1454 - MICHAEL ARRINGTON PAGE 6 L. The septic system serving the residence/office 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. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. M. In accordance with the Underground and Above Ground Storage Tank Regulations(7 CCR 1101-14)a spillage retention berm shall be constructed around the tank battery. The volume retained by the spillage berm should be greater than the volume of the largest tank inside the berm. Alternative protective measures may be allowed provided they comply with the Above Ground Storage Tank Regulations. Evidence of Department of Public Health and Environment approval shall be submitted in writing to the Weld County Department of Planning Services. N. The applicant shall submit a Waste Handling Plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. Evidence of the Weld County Department of Public Health and Environment approval shall be submitted to the Department of Planning Services. The plan shall include at a minimum,the following: 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 site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). O. The internal circulation within the site is unclear. Future drawings shall delineate the proposed circulation pattern throughout the property, including the service yard. P. The applicant shall attempt to address the requirements and concerns of the City of Greeley,as stated in the referral response dated November25,2003. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. Q. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. 2004-1400 PL0482 SPECIAL REVIEW PERMIT#1454 - MICHAEL ARRINGTON PAGE 7 2. Upon completion of Condition of Approval #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 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 thirty(30)days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 3. The Department of Planning Services respectfully 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 maps(Wco.weld.co.us. 4. The Use by Special Review activity shall not occur, nor shall any Building or Electrical Permits be issued, 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 2nd day of June, A.D., 2004. % BOARD OF COUNTY COMMISSIONERS ,i.‘. ®%t/ /� WELD COUNTY, COLORADO / /a EXCUSED I isol t , °; = - Robert D. Masden, Chair ?. ;iat„ .u WATierk to the Board u William H. ke, Pro-Tem Deputy Clerk to the Board v M. J. eile AV AST • AEXCUSED David E. Long ty At rney Glenn Vaad Date of signature: 4//67e;5"/ 2004-1400 PL0482 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS MICHAEL ARRINGTON USR #1454 1. A Site Specific Development Plan and Use by Special Review Permit#1454 is for an Oil and Gas Support and Service Facility;Semi-trailer and Cargo Containers Situated as Permanent Storage Units; and a Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts(an industrial machine shop), all 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. 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. 4. 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. 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 6. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank Regulation (7 CCR-1101-14). 7. Fugitive dust shall be controlled on this site. 8. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone District as delineated in Section 25-12-103, C.R.S. 9. The applicant shall operate in accordance with the approved Waste Handling Plan. 10. The facility shall utilize the existing public water supply(Central Weld County Water District). 11. Adequate hand washing and toilet facilities shall be provided for all employees and patrons of the facility. 12. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. 13. All potentially hazardous chemicals must be stored and 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. 2004-1400 PL0482 DEVELOPMENT STANDARDS - MICHAEL ARRINGTON (USR#1454) PAGE 2 14. 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. 15. A Plan Review is required for each building for which a Building Permit is required. 16. 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: 2003 International Residential Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2002 National Electric Code, and Chapter 29 of the Weld County Code. 17. Building height,wall and opening protection and limitations,and separation of buildings of mixed occupancy classifications shall be in accordance with the Building Code. Setback and offset distances shall be determined by the Chapter 23 of the Weld County Code. 18. Building height shall be measured in accordance with the 2003 International Residential Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. 19. The historical flow patterns and run-off amounts will be maintained on site in such a manner that will reasonably preserve the natural character of the area and not 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. 20. The off-street parking spaces, including the access drive, shall be surfaced with gravel or the equivalent and shall be graded to prevent drainage problems. 21. 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 Program. 22. The landscaping on the site shall be maintained in accordance with the approved Landscape/Screening Plan. 23. As indicated by the application material,the hours of operation will be limited to 6:30 a.m.to 7:00 p.m., Monday through Friday, and then from 6:30 a.m. to 12:00 p.m. on Saturday. Hours of operation may be extended with specific permission from the Weld County Board of County Commissioners. This restriction shall not apply to operation of administrative and executive offices or repair and maintenance facilities located on the property. 24. As indicated by the application, the number of employees for the oil and gas support services shall be limited to ten(10),and the number of employees for the industrial machine shop shall be limited to one (1). 2004-1400 PL0482 DEVELOPMENT STANDARDS - MICHAEL ARRINGTON (USR #1454) PAGE 3 25. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 26. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 27. 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. 28. 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. 29. 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. 2004-1400 PL0482 Hello