HomeMy WebLinkAbout20232269.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR23-0014, FOR AGRICULTURAL SUPPORT AND SERVICE AND OIL
AND GAS SUPPORT AND SERVICE (TRUCK PARKING) OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE
DISTRICT - LAZARO LARA ADAME, C/O L&M TRUCKING, 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 9th 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 Lazaro Lara Adame, do L&M Trucking, LLC, 10409 County Road 20,
Fort Lupton, Colorado 80621, for a Site Specific Development Plan and Use by Special Review
Permit, USR23-0014, for Agricultural Support and Service and Oil and Gas Support and Service
(truck parking) 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 -4147; being part
of the S1/2 SW1/4 of Section 14, Township 2 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, 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.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 22-2-30.A.1 states: "Land use changes should not inhibit
agricultural production nor operations." The subject property has
historically been used for residential purposes. The location of the
parking area and the existing buildings on the ten (10) -acre parcel
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limit the amount of acreage that can be devoted to agricultural uses;
however, the business does support agriculture in the County.
2) Section 22-2-60.B.3 states: "Require that energy and mineral
resource development conserve the land and minimize the impact
on surrounding land and the existing surrounding land uses." The
proposed use benefits the oil and gas industry, without eliminating
any productive agricultural land.
3) Section 22-2-30.C states: "Harmonize development with
surrounding land uses." The parking is set back from
County Road (CR) 20 and is screened by the outbuilding. The noise
and dust generated by the trucks will be minimal, as there are only
three (3) trucks.
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."
2) Section 23-3-40.V — Uses by Special Review, allows for a "Oil and
Gas Support and Service" in Lots outside of a subdivision and
historic townsites 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.
4) Section 23-3-35.A — Agricultural Support and Service requires a
Zoning Permit for Certain Uses in the A (Agricultural) Zone District
(ZPAG). The ZPAG request is included with this USR request, per
Department of Planning Services policy and the request of the
applicant.
C. Section 23-2-230.8.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent unincorporated lands
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surrounding the site are zoned A (Agricultural). The properties immediately
to the east are used solely for agricultural purposes and are owned by the
Public Service of Colorado. The properties to the north, west, and south
are large rural residential/agriculture properties.
There are 15 USRs within one (1) mile of the site. USR-710, for a 200 -dog
kennel; USR-1184, for equine breeding, boarding and training; USR-1408
and USR-812, for single-family residences; USR12-0034, for a livestock
confinement operation (8,000 -head dairy); USR18-0095, for a Class I
composting facility; USR20-0028, for oil and gas support and service;
1 MUSR17-14-0015, SUP -316, and 1 MUSR17-13-0028, for compressor
stations; USR13-0049 and MUSR14-0022, for 24 -inch natural gas
pipelines; USR-1063, for a 24 -inch natural gas pipeline; SUP -209, for a
dairy; and SUP -62, for a no longer operating turkey farm.
The Weld County Department of Planning Services sent notice to eight (8)
surrounding property owners (SPOs) within 500 feet of the subject
property. No correspondence was received back regarding the proposed
application; however, the application materials did include a letter of
support from a nearby neighbor.
The existing residence is served by an existing, domestic well
(permit #266150) and an On -site Wastewater Treatment System (OWTS)
permitted for three (3) bedrooms (#SP -1100101). The Division of Water
Resources (Division) referral dated March 30, 2023, stated the water well
cannot be utilized for commercial purposes. The applicant has contacted
the Division to discuss the comments on the well and the Division provided
an update, via email, dated May 22, 2023, stating the applicant has met the
requirements of the Division. The water for dust control must be transported
from a source other than the on -site well.
The proposed use is in an area that can support this development, and 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.
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 Area (CPA) for the City of Fort Lupton and the Towns of
Firestone and Platteville. As part of the pre -application process the
municipalities were sent a Notice of Inquiry (NOI). The City of Fort Lupton
submitted a NOI, dated April 13, 2022, stating they are interested in
annexation of the site. Per an email dated July 26, 2022, from the
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City of Fort Lupton, the property owner spoke with the City of Fort Lupton
and indicated that he is not interested in annexation at this time and wants
to proceed with the County process. The Town of Firestone submitted a
NOI, dated May 9, 2022, stating they do not wish to annex this site. The
Town of Platteville did not submit a NOI response.
The 2018 Fort Lupton Comprehensive Plan includes a Future Land Use
Map, which designates this site as Agricultural and Rural Residential. The
Agricultural land use is defined as cultivated fields used for raising crops
and livestock and other farming -related activities, and Rural Residential as
large lot and clustered single-family residences with rural characteristics
such as stables, orchards, or plant nurseries.
The site is not located within the Urban Growth Boundaries for the Towns
of Firestone or Platteville.
The site is also located within the three (3) mile referral areas of the
City of Fort Lupton and the Towns of Firestone, Frederick, and Platteville.
All municipalities submitted referral agency comments stating they have no
comments. The City of Fort Lupton and the Town of and Platteville
submitted referral agency comments, dated April 26, 2023, and April 4,
2023, respectively, and the Towns of Frederick and Firestone submitted
referral agency comments, both dated March 29, 2023.
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.B.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
indicates 48% of the site consists of low -slope (0-3%) Valent sand and 51%
of the site consists of low -slope (0-3%) Vona loamy sand. Both soil types
are classified as "Farmland of local importance." 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
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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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Lazaro Lara Adame, do L&M Trucking, LLC, for a Site
Specific Development Plan and Use by Special Review Permit, USR23-0014, for Agricultural
Support and Service and Oil and Gas Support and Service (truck parking) 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 referral comments of the
Weld County Oil and Gas Energy Department, as stated in the referral
response dated April 5, 2023. Evidence of such shall be submitted, in
writing, to the Weld County Department of Planning Services.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR23-0014.
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 landscaping and/or screening.
5) The map shall delineate the parking area for the trucks.
6) The applicant shall delineate on the map the trash collection areas.
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 20 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.
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9) The applicant shall show and label the existing permitted access
onto CR 20, along with the approved access width and the
appropriate turning radii on the site plan.
10) 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.
11) The applicant shall show and label the site drainage flow arrows.
12) The applicant shall show and label the approved tracking control on
the site plan.
13) 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 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of August, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Mike ecman, Chair
Weld County Clerk to the Board
rn .
Deputy Clerk to the Board
AP '+• VE 'i TO FORM:
ttorney II
Date of signature: glZ5h3
erryL. Buc
Sccltt K. Jam
ine
ro-Tem
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LAZARO LARA ADAME,
C/O L&M TRUCKING, LLC
USR23-0014
1. Site Specific Development Plan and Use by Special Review Permit, USR23-0014, is for
Agricultural Support and Service and Oil and Gas Support and Service (truck parking)
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. There are no employees. The drivers of the trucks are the owners of the business and
family members, as stated in the application materials.
4. The number of on -site commercial vehicles shall be no more than three (3), as stated in
the application materials.
5. No vehicle repair, washing, or service shall occur onsite.
6. No derelict vehicles, as defined in Section 23-1-90 of the Weld County code, shall be
stored on the site.
7. The parking area on the site shall be maintained.
8. The existing landscaping/screening on the site shall be maintained.
9. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code, if
applicable.
10. 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.
11. 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.
12. 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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13. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
14. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
15. The historical flow patterns and runoff amounts on the site will be maintained.
16. 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.
17. 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.
18. 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.
19. 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.
20. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone, as delineated in C.R.S. §25-12-103.
21. Any On -site Wastewater Treatment System (OWTS) located on the property must comply
with all provisions of the Weld County Code, pertaining to OWTS.
22. A permanent, adequate water supply shall be provided for drinking and sanitary purposes,
if required for business use. The well permitted as #266150 cannot be used for business
use unless re -permitted to commercial.
23. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
24. 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
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Open Hole Inspection shall be required. A Building Permit must be issued prior to the start
of construction.
25. 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.
26. All buildings shall comply with the setback from oil and gas wells, per Section 23-4-700,
as amended.
27. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
28. 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.
29. 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.
30. 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.
31. 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.
32. 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.
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33. 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.
34. 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;
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.
35. 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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