HomeMy WebLinkAbout20243168.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR24-0015, FOR OIL AND GAS SUPPORT AND SERVICE (TRUCK
PARKING AND EQUIPMENT STORAGE) OUTSIDE OF SUBDIVISIONS
AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT -
ANA HOLGUIN MACIAS AND MARIO CONTRERAS GUILLEN,
C/O MVJ TRANSPORTS, 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 2nd day of
October, 2024, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Ana Holguin Macias and Mario Contreras Guillen, c/o MVJ Transports, Inc.,
22815 County Road 52, Greeley, Colorado 80631, for a Site Specific Development Plan and Use
by Special Review Permit, USR24-0015, for Oil and Gas Support and Service (truck parking and
equipment storage) outside of subdivisions and historic townsites in the A (Agricultural) Zone
District, on the following described real estate, being more particularly described as follows:
Lot A of Recorded Exemption, RE -3692; being part
of the SE1/4 of Section 26, Township 5 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the Board heard all of the testimony and statements of those
present and reviewed the request of staff for a continuance and, having been fully informed,
deemed it advisable to continue the matter to December 11, 2024, at 10:00 a.m., to allow the
case to be heard by the Planning Commission on November 5, 2024, and
WHEREAS, on December 11, 2024, the applicant was represented by Hannah Dutrow,
AGPROfessionals, 3050 67th Avenue, Greeley, Colorado 80634, 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 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. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
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SPECIAL REVIEW PERMIT (USR24-0015) - ANA HOLGUIN MACIAS AND
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A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
[Weld County Comprehensive Plan] and any other applicable code
provisions or ordinance in effect.
1) Section 23-3-40.V — Uses by Special Review of the Weld County
Code allows for an "Oil and Gas Support and Service" in Lots
outside of a subdivision and historic townsite in the A (Agricultural)
Zone District. There are numerous existing operations in the oil and
gas industry in the area. USR-1274 for a RV storage yard;
1 MUSR18-12-0074 for a greater than 10 -inch natural gas pipeline
and pump station; USR18-0055 and USR19-0008 for a greater
than 12 -inch high-pressure, natural gas, pipeline.
B. Section 23-2-230.6.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states: "Agriculture in the County is
considered a valuable resource which must be protected from
adverse impacts resulting from uncontrolled and undirected
business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as
an essential feature of the County. The A (Agricultural) Zone District
is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production, and
for areas for natural resource extraction and energy development,
without the interference of other, incompatible land uses."
2) Section 23-3-40.V — Uses by Special Review of the Weld County
Code allows for an "Oil and Gas Support and Service" in Lots
outside of a subdivision and historic townsite in the A (Agricultural)
Zone District.
3) Section 23-1-90 states: "Oil and Gas Support and Service includes
trucking companies principally engaged in the hauling of drilling
rigs, oil and gas, pipe for use in drilling, water, etc." This Code
Section allows the applicant to apply for the oil and gas truck
parking.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The closest USR, USR-1274, is for
a RV storage yard, and is similar to the operation of parking trucks and
vehicles onsite. It appears from testimony there are multiple (five [5])
existing operations, similar in nature, whether permitted, or for agricultural
use. The concerns expressed by surrounding property owners (SPOs) at
the Planning Commission hearing can be addressed through the
Conditions of Approval and Development Standards. There is a total of nine
(9) USRs within one (1) mile of the site. Apart from the RV storage yard,
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the five (5) aforementioned USRs are all located north of the railroad tracks.
Of the four (4) remaining USRs, three (3) are for natural gas pipelines, and
one (1) for a second single-family dwelling. 1MUSR18-12-0074 is for a
greater than 10 -inch natural gas pipeline and pump station; USR18-0055
and USR19-0008 are each for a greater than 12 -inch high-pressure, natural
gas, pipeline; and USR19-0048 is for a second single-family dwelling. The
Weld County Department of Planning Services sent notice to ten (10) SPOs
within 500 feet of the subject property.
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 site is located within the Coordinated Planning
Agreement (CPA) area for the City of Evans and the Town of Kersey. As
part of the pre -application process the municipalities were sent a Notice of
Inquiry (NOI). The City of Evans submitted a NOI, dated October 26, 2023,
which indicated they do not want to pursue annexation and stated the
subject site is outside of their growth management area. The Town of
Kersey submitted a NOI, dated December 4, 2023, which indicated they do
not want to pursue annexation. The City of Evans 2022 Community Master
Plan includes a Future Land Use Map, which designates the site as
Estate/Large Lot Residential. The site is not located within the Town of
Kersey's Influence Area. The site is located within the three (3) mile referral
area of the Cities of Greeley and Evans, and the Town of Kersey. The Cities
of Greeley and Evans submitted referral agency comments dated July 2,
2024, and June 6, 2024, respectively, which stated they have no
comments. Additionally, the Town of Kersey's referral agency comments,
dated June 18, 2024, stated no concerns.
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is within the
A -P (Airport) Overlay District and is not located within the 1-25 Overlay
District, the Geologic Hazard Overlay District, the MS4 - Municipal
Separate Storm Sewer System area, the Special Flood Hazard Area, the
Historic Townsites Overlay District, or the Agricultural Heritage Overlay
District. Building Permits issued on the lot will be required to adhere to the
fee structure of the County -Wide Road Impact Fee, County Facility Fee,
and Drainage Impact Fee Programs.
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 Natural Resources Conservation Services (NRCS) Soil Survey
indicated 52% of the site consists of low -slope (0-3%) Valent sand and 38%
of low -slope (0-3%) Vona loamy sand, which are categorized as "Farmland
of Local Importance". The remaining 10% of the property consists of
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low -slope (3-9%) Valent sand and Aquolls and Aquepts, flooded, neither of
which are Prime Farmland. This USR will not remove Prime Farmland from
production.
G. Section 23-2-230.B.7 — There are adequate provisions for the protection of
the health, safety, and welfare of the inhabitants of the neighborhood and
County. During the review of this proposal, it was noted that the "access
point," that is 715 feet west of County Road 47 is an illegal, unpermitted
access point as it is not shown on the RE -3692 plat. The applicant is
proposing to use this unpermitted access point as the primary access for
the semi -trucks and other business -related vehicles. The Board of County
Commissioners feels the access variance submitted by the applicant and
reviewed and approved by staff is deemed safe. 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 can ensure that there are adequate provisions for
the protection of the health, safety, and welfare of the inhabitants of the
neighborhood and County. By complying with the installation of the fence,
landscape and screening, the applicant is following the design guidelines.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Ana Holguin Macias and Mario Contreras Guillen,
c/o MVJ Transports, Inc., for a Site Specific Development Plan and Use by Special Review
Permit, USR24-0015, for Oil and Gas Support and Service (truck parking and equipment storage)
outside of subdivisions and historic townsites 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 map:
A. The applicant shall acknowledge the advisory comments of the Weld
County Oil and Gas Energy Department, as stated in the referral response
dated June 11, 2024. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
B. The applicant shall submit a Noise Study for review and acceptance by the
Department of Planning Services.
C. An Improvements and Road Maintenance Agreement is required. Road
maintenance includes, but is not limited to, dust control, damage repair to
specified haul routes, and off -site triggered improvements.
D. A Final Drainage Report and Weld County Certificate of Compliance,
stamped and signed by a Professional Engineer, registered in the State of
Colorado, is required.
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E. Upon approval of an access variance request to use the existing,
unpermitted access, located approximately 715 feet west of County
Road 47, the applicant shall obtain a Commercial Access Permit.
F. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR24-0015.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The map shall delineate the existing and proposed landscaping
and/or screening.
5) The map shall delineate the parking area for the trucks.
6) The applicant shall delineate the trash collection areas on the map.
Section 23-2-240.A.13 of the Weld County Code addresses the
issue of trash collection areas.
7) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 of the Weld County Code, if applicable.
8) County Road 47 is a paved road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
9) County Road 52 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map. All setbacks shall be measured
from the edge of the right-of-way. This road is maintained by Weld
County.
10) The applicant shall show and label the approved tracking control.
11) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
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longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
12) The applicant shall show and label the existing, shared access onto
County Road 52, located approximately 965 feet west of County
Road 47, as, "SHARED ACCESS FOR THE BENEFIT OF LOTS A
AND B OF RECX17-0134 AND LOT A OF RE -3992." Include all
usage types that apply (Residential, Agricultural, Commercial
and/or Oil and Gas) in the label.
13) The applicant shall delineate and label the 30 -foot -wide shared
access and utility easement specified on the recorded RE -3692
plat, and label it as, "FOR THE BENEFIT OF LOTS A AND B OF
RECX17-0134, AND LOT A OF RE -3692."
14) Upon approval of an access variance request to use the existing,
unpermitted access, located approximately 715 feet west of County
Road 47, the applicant shall label the access as, "COMMERCIAL
ACCESS."
15) The applicant shall show and label the existing access on
County Road 52, located approximately 685 feet west of
County Road 47. Label the access as, "EXISTING ACCESS."
16) The applicant shall show and label the accepted drainage features.
Stormwater ponds should be labeled as, "Stormwater Detention,
No -Build or Storage Area" and shall include the calculated water
quality and detention volumes.
17) The applicant shall show and label the drainage flow arrows.
18) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map the applicant
shall submit a USR map along with all other documentation required as Conditions
of Approval. The USR map shall be recorded in the office of the Weld County Clerk
and Recorder by the Department of Planning Services. The map shall be prepared
in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The USR map and additional requirements shall be submitted
within 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
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3. In accordance with Appendix 5-J of the Weld County Code, should the map not be
recorded within the specified timeline from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance fee shall be added for
each additional three (3) month period.
4. The Use by Special Review Permit is not perfected until the Conditions of Approval
are completed and the map is recorded. 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 or the applicant has been approved for an early release agreement.
5. Prior to Construction:
A. The approved tracking control shall be constructed.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of December, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUN
ATTEST: dettvo
Weld County Clerk to the Board
BY: O/ vl •1/0(141,0)
Deputy Clerk to the Board
APPED
County A orney
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Date of signature:
wiz
Ke ' Ross, Chair
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EXCUSED
Mike F eeman
Saine
ro-Tem
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ANA HOLGUIN MACIAS AND MARIO CONTRERAS GUILLEN,
C/O MVJ TRANSPORTS, INC.
USR24-0015
1. Site Specific Development Plan and Use by Special Review Permit, USR24-0015, is for
Oil and Gas Support and Service (truck parking and equipment storage) outside of
subdivisions and historic townsites in the A (Agricultural) Zone District, 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. The hours of operation are 24 hours a day, seven (7) days a week, as stated in the
application materials.
4. The number of employees shall be up to 18, as stated in the application materials.
5. The number of on -site commercial vehicles shall be no more than 12, as stated in the
application materials.
6. No commercial vehicle repair, washing, or service shall occur onsite.
7. No derelict, commercial vehicles, as defined in Section 23-1-90 of the Weld County code,
shall be stored on the site.
8. The parking area on the site shall be maintained.
9. The existing and proposed landscaping/screening on the site shall be maintained.
10. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code, if
applicable.
11. The existing landscaping and screening on the site shall be maintained in accordance with
the approved Landscape and Screening Plan. Required landscaping and screening shall
be installed within one (1) calendar year of issuance of a Building Permit or
commencement of use, whichever occurs sooner. Dead or diseased plant materials shall
be replaced with materials of similar quantity and quality, at the earliest possible time.
12. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any
light source may create a traffic hazard to operators of motor vehicles on public or private
streets. No colored lights may be used, which may be confused with, or construed as,
traffic control devices.
13. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
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14. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
15. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
16. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall require an approved Right -of -Way Use Permit, prior to commencement.
17. The property owner shall comply with all requirements provided in the executed
Improvements and Road Maintenance Agreement.
18. The Improvements and Road Maintenance Agreement for this site may be reviewed on
an annual basis, including a site visit and possible updates.
19. 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 stormwater runoff.
20. Weld County is not responsible for the maintenance of on -site drainage related features.
21. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
22. 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, C.R.S. §30-20-100.5.
23. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The facility shall operate in accordance with Chapter 14, Article I of the Weld
County Code.
24. Fugitive dust should attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations.
25. Any On -site Wastewater Treatment System (OWTS) located on the property must comply
with all provisions of the Weld County Code, pertaining to OWTS.
26. Adequate drinking, hand washing, and toilet facilities shall be provided for employees, at
all times.
27. For employees or contractors onsite for less than two (2) consecutive hours a day, and
two (2) or less full-time employees onsite, portable toilets and bottled water are
acceptable. Records of maintenance and proper disposal for portable toilets shall be
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retained on a quarterly basis and available for review by the Weld County Department of
Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in
Weld County and shall contain hand sanitizers.
28. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
29. Building Permits may be required for any new construction, set up of manufactured
structures, or change of use of existing buildings, per Section 29-3-10 of the Weld County
Code. Buildings and structures 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: 2018 International Codes, 2018 International Energy Conservation Code,
2020 National Electrical Code, and Chapter 29 of the Weld County Code. A Building
Permit application must be completed and two (2) complete sets of engineered plans,
bearing the wet stamp of a Colorado registered architect or engineer, must be submitted
for review. A Geotechnical Engineering Report, performed by a Colorado registered
engineer, or an Open Hole Inspection shall be required. A Building Permit must be issued
prior to the start of construction.
30. Building Permits issued on the proposed lots will be required to adhere to the fee structure
of the County -Wide Road Impact Fee, County Facility Fee, and Drainage Impact Fee
Programs.
31. All buildings shall comply with the setback from oil and gas wells, per Section 23-4-700,
as amended.
32. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
33. 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.
34. 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.
35. 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.
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36. Construction or use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date of Board of County Commissioners
signed Resolution, unless otherwise specified by the Board of County Commissioners
when issuing the original Permit, or the Permit shall be vacated.
37. This Use by Special Review shall terminate when the use is discontinued for a period of
three (3) consecutive years, the use of the land changes or the time period established by
the Board of County Commissioners through the approval process expires. The landowner
may notify the Department of Planning Services of a termination of the use, or Planning
Services staff may observe that the use has been terminated. When either the Department
of Planning Services is notified by the landowner, or when the Department of Planning
Services observes that the use may have been terminated, the Planner shall send certified
written notice to the landowner asking that the landowner request to vacate the Use by
Special Review Permit.
38. In such cases where the Use by Special Review has terminated but the landowner does
not agree to request to vacate the Use by Special Review Permit, a hearing shall be
scheduled with the Board of County Commissioners to provide the landowner an
opportunity to request that the Use by Special Review Permit not be vacated, for good
cause shown. The landowner shall be notified at least ten (10) days prior to the hearing.
If the Board of County Commissioners determines that the Use by Special Review has
terminated and no good cause has been shown for continuing the permit, then the
termination becomes final, and the Use by Special Review Permit is vacated.
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