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HomeMy WebLinkAbout991479.tiff RESOLUTION • RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1226 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY (PARKING TRUCKS AND STORAGE OF HEAVY EQUIPMENT) IN THE A (AGRICULTURAL) ZONE DISTRICT - LIGHTNING WIRELINE, INC. 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 16th day of June, 1999, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Lightning Wireline, Inc., P.O. Box 1531, Loveland, Colorado 80539, for a Site Specific Development Plan and Special Review Permit#1226 for a Mineral Resource Development Facility (parking trucks and storage of heavy equipment) in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the SW% of Section 32, Township 5, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was present at said hearing, and WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said 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 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as follows: a. Section 24.4.2.1 -- This proposal is consistent with the Weld County Comprehensive Plan. The proposal is for outdoor storage of trucks and heavy equipment for Lightning Wireline, Inc., employee parking, an office, a shop and two mobile homes to be used as residences for employees. Activities in the existing shop include vehicle repair which is incidental to the operation. A.Goal 1 states, "Preserve prime farmland for agricultural purposes which foster the economic health and continuance of agriculture." This proposal will not remove any prime farmland from production. Pn / n _ ' 991479 (�� ; t, HtI , PL1309 SPECIAL REVIEW PERMIT#1226 - LIGHTNING WIRELINE, INC. PAGE 2 b. Section 24.4.2.2 -- The proposal is consistent with the A (Agricultural) Zone District. Oil and gas support and service operations are allowed as a Use by Special Review in the A (Agricultural) Zone District. c. Section 24.4.2.3 -- The uses will be compatible with the existing surrounding land uses. The surrounding properties are zoned for agricultural uses. The Landscape Plan shall delineate sufficient screening from adjacent properties. d. Section 24.4.2.4 -- The uses which would be permitted will be compatible with the future development of the surrounding area as permitted by existing zoning and with the future development as projected by the Comprehensive Plan or Master Plans of affected municipalities. The Town of LaSalle is adjacent to the property. On April 7, 1999, the Town of LaSalle Planning and Zoning Commission agreed to send the referral to the Town Board. On April 13, the Town Board discussed Use by Special Review Permit#1226. It should be noted that since the employees perform most of the work off-site, the proposed use is not intense and the traffic generated will be minimal. e. Section 24.4.2.5 --The site is not located within an Overlay District. f. Section 24.4.2.6 --The applicant has demonstrated that a diligent effort has been made to conserve prime agricultural land. The site is not currently being farmed and this proposal will not remove any farmland from production. Additionally, farming is not feasible due to the size of the parcel and surrounding parcels. g. Section 24.4.2.7 -- The Design Standards (Section 24.5 of the Weld County Zoning Ordinance), Operation Standards (Section 24.6 of the Weld County Zoning Ordinance), 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 the County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Lightning Wireline, Inc. for a Site Specific Development Plan and Special Review Permit#1226 for a Mineral Resource Development Facility (parking trucks and storage of heavy equipment) in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review Plat prior to recording the plat. The completed plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 30 days of approval by the Board of County Commissioners. 991479 PL1309 SPECIAL REVIEW PERMIT #1226 - LIGHTNING WI RELINE, INC. PAGE 3 2. Prior to recording the plat: A. A detailed Landscaping Plan identifying the number, size and species of landscaping materials/buffering materials, shall be submitted to the Department of Planning Services for review and approval. The plan shall also address maintenance of the landscaping materials and potential replacement of dying materials. The approved plan shall be delineated on the plat map. B. A 30-foot wide joint access easement extending across Lot A of Recorded Exemption #2362 from Walnut Street (designated on the plat as Weld County Road 39), for the benefit of both Lots A and B, shall be clearly shown on the plat. The joint access easement shall be dedicated for the use as shown utilizing the language set forth in Section11.7.1.12.5 of the Weld County Subdivision Ordinance. C. The applicant shall provide evidence to the Department of Planning Services that the Town of LaSalle has approved the accesses onto Walnut Avenue, and has met all the requirements of the LaSalle Town Board. D. The applicant shall submit a Waste Handling Plan to the Weld County Department of Public Health and 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). 3. 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. 991479 PL1309 SPECIAL REVIEW PERMIT#1226 - LIGHTNING WIRELINE, INC. PAGE 4 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of June, A.D., 1999. BOARD OF COUNTY COMMISSIONERS • WEhQ COUNTY, OL RADO ATTEST: 4 ` ' :i; - . v � Dale K. Hall, Chair Weld County Clerk to a . .!;!;�►;iy a EXCUSED �,tt � ' Barbar,J. Kirkmeyer, Pro-Tem BY: G ► !` ,!�� Deputy Clerk to the �'�� N ��� Z7 i Georg axter AP A O FORM: r fiCteJ M. . G ile untyAttorn`ey ; ¢ ;,j �,,; Glenn Vaad • • 991479 PL1309 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS LIGHTNING WIRELINE, INC. USR#1226 1. The Site Specific Development Plan and Special Use Permit is for a Mineral Resource Development Facility (parking trucks, storage of heavy equipment, an office, a shop and two mobile homes to be used as residences for employees) in the A (Agricultural) Zone District, as indicated in the application materials on file and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. No permanent disposal of wastes shall be permitted at this site. 4. Fugitive dust shall be controlled on this site. 5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-1-1, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 6. Adequate toilet facilities shall be provided for the public and employees. 7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 8. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A) as measured according to Section 25-12-102, C.R'..S. 9. An individual sewage disposal system is required for the proposed office facility and shall be installed according to the Weld County Individual Sewage Disposal regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal regulations. 10. The facility shall utilize the existing well. 11. The landscaping on site shall be maintained in accordance with the approved Landscaping Plan. 12. Dust control measures shall be utilized and approved by Weld County Public Works Department. Dust suppressant shall be placed on the north access a minimum of two times a year or more frequently as directed by the Weld County Public Works Department. 13. The commercial access shall be a minimum of 24 feet wide to accommodate two-way traffic according to the Commercial Access Road Standard, Appendix "B," Ordinance 180. 991479 PL1309 DEVELOPMENT STANDARDS - LIGHTNING WIRELINE, INC. (USR #1226) PAGE 2 14. Should noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Ordinance #169-A. 15. The existing shop building, greenhouse, mobile homes and accessory buildings are limited to the use specified in the application materials for Use by Special Review#1226. 16. All construction on the property shall be in accordance with the Weld County Building Code Ordinance. 17. The hours of operation at the site shall be daylight hours. 18. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 19. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 20. Personnel from the Weld County Departments of Public Health and Environment and Planning Services 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. 21. 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 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. 22. 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. 991479 PL1309 Hello