HomeMy WebLinkAbout20041401.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephen Mokray, along with the additional language to C3 and deleting 2J, 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-1454
APPLICANT: Michael Arrington
PLANNER: Michelle Katyryniuk
LEGAL DESCRIPTION: Lot A of RE-735; part of S2 SE4 Section 33, T5N, R65W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit 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) in the A (Agricultural) Zone
District.
LOCATION: North of and adjacent to CR 50; % mile 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 22-2-60.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 development shall attempt to be compatible with the region."The proposed location is
currently permitted as 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 Central Weld County Water District and
an I.S.D.S sewage disposal system.
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, Section 23-3-40.0 and Section 23-3-40.R of the Weld
County Code provides for a Mineral resource development facility including an 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)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 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 23-2-220.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. The subject property lies within the three mile referral area of the City o
Evans, City of Garden City,Town of La Salle and the City of Greeley. The City of Evans,Cit u1
of Garden City and the Town of La Salle 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 ^ 1-
the centerline of County Road 50 be reserved.
2004-1401 '
441.a
Resolution USR-1454
Michael Arrington
Page 2
E. Section 23-2-220.A.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 (Ordinance 2002-11).
F. 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 proposed use will
occupy 4.82 acres which has already been developed by USR-891, substantially limiting its
agricultural value.
G. 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.
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's recommendation for approval is conditional upon the following:
1. Prior to scheduling a Board of County Commissioners hearing:
A. The applicant has not delineated any on-site sign(s). If any on-site sign(s) are desired the
Department of Planning Services shall be notified in writing. The signs shall adhere to
Section 23-4-90.A and.B of the Weld County Code. One identification sign per principal use
shall be allowed, provided that the sign does not exceed sixteen (16)square feet in area per
face. Further, the location of the sign, if applicable shall be delineated on the USR plat.
(Department of Planning Services)
B. Written evidence from the oil and gas company indicating all requirements and agreements
between the surface developer and the mineral owners and/or lessees have been completed
shall be submitted or evidence that an adequate attempt has been made to mitigate their
concerns s hall be submitted t o the Department o f Planning Services. ( Department of
Planning Services)
2. Prior to recording the plat:
A. All pages of the plat shall be labeled USR-1454 (Department of Planning Services)
B. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
2) The approved Landscape/Screening Plan. (Department of Planning Services)
3) County Road 50 is designated on the Weld County Roadway Classification Plan,as
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 County Road
50 shall be delineated right-of-way on the plat. This road is maintained by Weld
County. (Department of Public Works)
4) All approved accesses shall be clearly shown on the plat (Department of Public
Works)
5) The location of the semi-cargo containers situated as permanent storage units.
(Department of Planning Services)
A two-hundred-foot radius from any tank battery and one-hundred-fifty-foot radius
of any well head. (Department of Planning Services)
Resolution USR-1454
Michael Arrington
Page 3
7) The plat shall be in prepared accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
C. The applicant shall submit a Landscape/Screening Plan for review and approval. The plan
shall address the following:
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 wind or animal scattered trash.
2) Section 23-3-360.F of the Weld County Code addresses the issue of on-site lighting,
including security lighting if applicable. 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. (Department of Planning
Services)
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. (Department of Planning Services and the Department of Public Works)
E. The applicant/property owner shall submit a written request to vacate U SR-891 to the
Department of Planning Services. (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 USR 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. (Department of
Planning Services)
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 USR plat. (Department of
Planning Services)
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
Resolution USR-1454
Michael Arrington
Page 4
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, this office requests that the applicant outline how
their proposed site design mitigates the requirements of the American's with Disabilities Act.
(Department of Planning Services)
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 County Road 50. (Department of Planning Services)
J. 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. Evidence of Department of Public
Health and Environment approval shall be submitted in writing to the Weld County
Department of Planning Services. (Department of Public Health and Environment)
K. The Environmental Health Services Division 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 systems 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. (Department of Public Health and Environment)
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 systems 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. (Department of Public Health and Environment)
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 a pproval s hall b e submitted i n writing to the Weld C ounty Department o f
Planning Services. (Department of Public Health and Environment)
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& 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 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). (Department of Public Health and
Environment)
Resolution USR-1454
Michael Arrington
Page 5
O. The internal circulation within the site is unclear. Future drawings shall delineate the
proposed circulation pattern throughout the property,including the service yard. (Department
of Planning Services)
P. The applicant shall attempt to address the requirements (concerns) of the City of Greeley,
as stated in the referral response dated November 25, 2003. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (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. (Department of Planning Services)
3. Upon completion of 1. and 2. 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 thirty(30)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)
4. 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 mansa.comeld.co.us. (Department of Planning Services)
5. 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)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Michael Arrington
USR-1454
1. A Site Specific Development Plan and Special Review Permit for a mineral resource development
facility including 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) in the A
(Agricultural) Zone District. (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 liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
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,30-20-100.5,C.R.S.,as amended. (Department of Public Health and Environment)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Department of Public Health and
Environment)
6. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank
Regulation (7 CCR-1101-14). (Department of Public Health and Environment)
7. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
8. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone
District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment)
9. The applicant shall operate in accordance with the approved"waste handling plan." (Department of
Public Health and Environment)
10. The facility shall utilize the existing public water supply (Central Weld County Water District).
(Department of Planning Services)
11. Adequate hand washing and toilet facilities shall be provided for all employees and patrons of the
facility. (Department of Public Health and Environment)
12. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment)
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 (HAP's)and
volatile organic compounds (VOC's). (Department of Public Health and Environment)
14. Any vehicle washing area(s)shall capture all effluent and prevent discharges 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)
15. A plan review is required for each building for which a building permit is required. (Department of
Building Inspection)
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: 1997 Uniform Building Code;
1998 International Mechanical Code; 1997 International Plumbing Code; 2002 National Electrical
Code and Chapter 29 of the Weld County Code. (Department of Building Inspection)
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Resolution USR-1454
Michael Arrington
Page 2
17. Building height, wall and opening protection and limitations and separation of building of mixed
occupancy classifications shall be accordance with the Building Code. Setback and offset distances
shall be determined by the Chapter 23 of the Weld County Code. (Department of Building Inspection)
18. Building height shall be measured in accordance with the 1997 Uniform Building 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. (Department of Building Inspection)
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. (Department of Public Works)
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. (Department of Public Works)
21. 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)
22. The landscaping on site shall be maintained in accordance with the approved Landscape/Screening
Plan. (Department of Planning Services)
23. As indicated by the application material the hours of operation will be limited to 6:30 am - 7:00 pm
Monday through Friday and then 6:30 am-Noon 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. (Department of Planning Services)
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). (Department of Planning Services)
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 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.
Motion seconded by Doug Ochsner
Resolution USR-1454
Michael Arrington
Page 3
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Tim Tracy
Doug Ochsner
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,Voneen Macklin, 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 April 6, 2004.
Dated the 6'h of April, 2004.
\Ci Lr . (L_Ck
Voneen Macklin
Secretary
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