HomeMy WebLinkAbout20232311.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SECOND MAJOR AMENDED
USE BY SPECIAL REVIEW PERMIT, 2MJUSR23-11-0027, (AN OFFICE/REPAIR SHOP
WITH OUTDOOR VEHICLE/EQUIPMENT STORAGE AND VEHICLE STAGING AREA
ASSOCIATED WITH AN EXCAVATION BUSINESS) TO CONSTRUCT A NEW
BUILDING FOR ADDITIONAL STORAGE SPACE OF EQUIPMENT AND/OR TRUCKS
BEING REPAIRED OR WAITING FOR REPAIR PARTS, ALONG WITH AN
ADDITIONAL OUTDOOR STORAGE AREA, IN THE A (AGRICULTURAL) ZONE
DISTRICT - M & M EXCAVATION COMPANY, LLC
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
August, 2023, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of M & M Excavation Company, LLC, 25490 County Road 58, Greeley, Colorado
80631, for a Site Specific Development Plan and Second Major Amended Use by Special Review
Permit, 2MJUSR23-11-0027, (an office/repair shop with outdoor vehicle/equipment storage and
vehicle staging area associated with an excavation business) to construct a new building for
additional storage space of equipment and/or trucks being repaired or waiting for repair parts,
along with an additional outdoor storage area, in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lots A and B of Recorded Exemption, RE -4762;
being part of the E1/2 NW1/4 of Section 17,
Township 5 North, Range 64 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was present, and represented by Eric
Wernsman, Wernsman Engineering and Land Development, LLC, P.O. Box 105, LaSalle,
Colorado 80651, 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:
A. Section 23-2-230.6.1 — The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect.
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1
Section 22-2-30.A.2 states: "Limit the density and intensity of
development to maintain agricultural areas." The proposed
amendment will remove approximately two (2) acres of irrigated
farm ground on the main parcel (Lot B). Most of the site
(approximately 65 acres) is irrigated cropland and will continue to
be in production. The storage yard and the buildings are located on
the northeast corner of the site and encompass about
eight (8) acres.
2) Section 22-2-30.C states: "Harmonize development with
surrounding land uses." Outdoor storage and staging of vehicles
and equipment associated with this amendment will be required to
be screened. Weld County is requiring that the existing
Improvements and Road Maintenance Agreement be reviewed and
revised to address additional traffic associated with this proposed
major amendment.
B. Section 23-2-230.B.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."
M&M Excavation provides excavation services for the oil and gas
industry (site preparation, drill pad builds and site reclamation).
They also support agricultural industries along with civil and
environmental operations.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. There is an existing single-family
residence and outbuildings on a parcel to the north of the site (across from
County Road 58). A single-family residence is located approximately
1,000 feet to the west, agricultural buildings are located to the east, and
agricultural land (cropland) is located to the east and to the south. Use by
Special Review Permits (USRs) within one (1) mile of this site include:
USR-1325 (for two [2] residences), USR-517 (AG chemical supply
business), MUSR15-0020 (gravel mining), 1 MUSR18-12-0001 (fire
station/training facility), 1 MUSR20-16-0045 (storage of construction and
oilfield equipment), USR18-0056 (greater than 12 -inch high pressure
natural gas line), and USR18-0077 (36 -inch crude pipeline). The proposed
use is in an area that can support this development and the existing and
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proposed screening, the Conditions of Approval and Development
Standards will assist in mitigating the impacts of the facility on the adjacent
properties and ensure compatibility with surrounding land uses and the
region. No phone calls and/or correspondence have been received from
surrounding property owners (SPOs) regarding the application.
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 property is located within the Cooperative Planning
Agreement boundary for Keenesburg/Weld County. In an e-mail dated
January 31, 2023, the Town of Kersey responded that they wanted to
annex the property. The applicant provided a written response, which
indicated they met with the Town of Kersey on February 7, 2023, and that
the property owner does not wish to annex into Kersey at this time. The
Town of Kersey did not provide a referral response in response to this
application. The Town of Kersey Comprehensive Plan Future Land Use
Map delineates the parcel as "Undetermined Use". The site is also within
three (3) miles of the City of Greeley. The City of Greeley, in their referral
response dated July 31, 2023, indicated that they had no conflict with their
interests.
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 not located
within any overlay district officially adopted by the County, including
A -P (Airport) Overlay District, 1-25 Overlay District, Geologic Hazard
Overlay District, MS4 - Municipal Separate Storm Sewer System area,
Special Flood Hazard Area, Historic Townsites Overlay District, or
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
identifies the area to be developed as Altvan loam, 0 to 1 percent slopes.
This is identified as "not prime farmland". No Prime Farmland will be
removed from production.
G. Section 23-2-230.B.7 — This proposal has been reviewed by the
appropriate referral agencies and it has been determined that the attached
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 and will address and
mitigate impacts on the surrounding area with the operation of this facility.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of M & M Excavation Company, LLC, for a Site Specific
Development Plan and Second Major Amended Use by Special Review Permit,
2MJUSR23-11-0027, (an office/repair shop with outdoor vehicle/equipment storage and vehicle
staging area associated with an excavation business) to construct a new building for additional
storage space of equipment and/or trucks being repaired or waiting for repair parts, along with an
additional outdoor storage area, 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 existing Improvements and Road Maintenance Agreement
(Reception No. 3858544) shall be reviewed and revised.
B. A Final Drainage Report with Variance Request and Certification of
Compliance, stamped and signed by a Professional Engineer, registered
in the State of Colorado, shall be submitted.
C. The applicant shall acknowledge the comments of the Colorado Division of
Water Resources, as stated in the referral response dated May 8, 2023.
Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
D. The applicant shall acknowledge the comments of the Weld County Oil and
Gas Energy Department (OGED), as stated in the referral response dated
May 10, 2023. Written evidence of such shall be submitted to the Weld
County Department of Planning Services.
E. A Lighting Plan (if additional lighting is proposed) shall be submitted to and
approved by the Department of Planning Services.
F A Screening Plan that screens the proposed outdoor storage and staging
areas from the SPOs and rights -of -way shall be submitted to, and approved
by, the Department of Planning Services. The type of screening/fence shall
be identified.
G. The proposed drainage pond is to be located on Lot A of Recorded
Exemption, RE -4762; whereas the remainder of the existing operations
and proposed operations on this amended USR are located on Lot B of
RE -4762. Therefore, an Access and Maintenance Easement/Agreement
addressing the access and maintenance of the drainage pond is required.
H. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled 2MJUSR23-11-0027.
2) The attached Development Standards.
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3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate the trash collection areas on the map.
Section 23-2-240.A13 of the Weld County Code addresses the
issue of trash collection areas.
5) The map shall delineate the screening in accordance with the
approved Screening Plan.
6) The map shall delineate the existing landscaping (including
landscaping delineated on the recorded 1MUSR22-11-0027 map).
7) The map shall delineate the on -site lighting in accordance with the
approved Lighting Plan.
8) 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.
9) The map shall delineate the parking area for the vendors,
customers and/or employees.
10) County Road 58 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road, which
requires 80 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.
11) The applicant shall show and label the approved access location,
approved access width, and the appropriate turning radii on the site
plan.
12) The applicant shall show and label the approved tracking control on
the site plan.
13) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
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.
14) The applicant shall show and label the accepted drainage features.
The stormwater retention pond should be labeled as "Stormwater
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Retention, No -Build or Storage Area" and shall include the
calculated volume.
15) 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 Mylar map along with all other documentation required as Conditions
of Approval. The Mylar 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 Mylar 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.
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 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
map 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of August, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dit,f,,�', �CIdD•�
Weld County Clerk to the Board
orney
Date of signature: 01/17123
1 <2, to
Mike an, Chair
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
M & M EXCAVATION COMPANY, LLC
2MJUSR23-11-0027
1 Site Specific Development Plan and Second Major Amended Use by Special Review
Permit, 2MJUSR23-11-0027, (an office/repair shop with outdoor vehicle/equipment
storage and vehicle staging area associated with an excavation business) is to construct
a new building for additional storage space of equipment and/or trucks being repaired or
waiting for repair parts, along with an additional outdoor storage area, 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 6:00 a.m. to 7:00 p.m., Monday — Friday, and 6:00 a.m. to
12:00 p.m., Saturday.
4. The number of on -site employees shall be up to 12.
5. The parking area on the site shall be maintained.
6. All signs shall adhere to Chapter 23, Article IV, and Division 2 of the Weld County Code.
7. The existing and proposed landscaping and screening on the site shall be maintained in
accordance with the approved 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.
8. No Derelict Vehicles, as defined in Section 23-1-90 of the Weld County code, shall be
stored on the site.
9. The property owner shall maintain compliance with the Decommission Plan.
10. 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.
11. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
12. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
13. 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.
14. The property owner shall comply with all requirements provided in the executed
Improvements and Road Maintenance Agreement.
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15. The Improvements and Road Maintenance Agreement for this site may be reviewed on
an annual basis, including a site visit and possible updates.
16. The historical flow patterns and runoff amounts on the site will be maintained.
17. Weld County is not responsible for the maintenance of on -site drainage related features.
18. 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.
19. 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.
20. 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 applicant shall operate in accordance with Chapter 14, Article I of the Weld
County Code, and the accepted Waste Handling Plan.
21. 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 and the
accepted Dust Abatement Plan.
22. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone, as delineated in C.R.S. §25-12-103.
23. Sewage disposal for the facility shall be by On -site Wastewater Treatment system
(OWTS), as applicable. Any OWTS located on the property must comply with all provisions
of the Weld County Code, pertaining to OWTS.
24. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times.
25. A permanent, adequate water supply shall be provided for drinking and sanitary purposes,
as applicable. The facility shall utilize the existing public water supply (the Central Weld
County Water District).
26. Any vehicle washing area shall capture all effluent and prevent discharges in accordance
with the Rules and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency.
27. The applicant shall comply with all provisions of the State Underground and Above Ground
Storage Tank Regulations.
28. All 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
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Organic Compounds (VOC's). All chemicals must be stored secure, on an impervious
surface, and in accordance with manufacturer's recommendations.
29. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault
and hauled off for proper disposal. Records of installation, maintenance, and proper
disposal shall be retained.
30. The Spill Prevention, Control and Countermeasure Plan shall be available onsite, at all
times.
31. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
32. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
33. Lighting shall be maintained in accordance with the approved Lighting Plan.
34. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties. Sources of light should not cause a nuisance or interfere with the use on the
adjacent properties in accordance with the map. 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.
35. 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 Building Codes, 2018 International Energy 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.
36. 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.
37. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
38. All buildings shall comply with the setback from oil and gas wells, per Section 23 -4-700,
as amended.
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39. 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.
40. 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.
41. 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.
42. 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.
43. A 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.
44. 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.
45. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
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and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and people moving into these areas must
recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
46. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
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