HomeMy WebLinkAbout20182126.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0032, FOR AN OIL AND GAS SUPPORT AND STORAGE BUSINESS
(COMMERCIAL TRUCK MAINTENANCE AND PARKING) IN THE
A (AGRICULTURAL) ZONE DISTRICT - JUAN IGNACIO CRUZ, C/O CENTENNIAL
TOOLS AND SERVICES, 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 18th day of
July, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Juan Ignacio Cruz, c/o Centennial Tools and Services, LLC, P.O. Box 296,
Kersey, CO 80644, for a Site Specific Development Plan and Use by Special Review Permit,
USR18-0032, for an Oil and Gas Support and Storage Business (commercial truck maintenance
and parking) in the A (Agricultural) Zone District, on the following described real estate, being
more particularly described as follows:
Lot B of Recorded Exemption, RE -83; being part of
the S1/2 N1/2 SW1/4 SW1/4 of Section 28,
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 Cameron
Knapp, 710 11th Avenue, Suite L-45, Greeley, CO 80631, 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 unfavorable
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. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.6 of the Weld County Code as follows:
A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinances in effect.
1) Section 22-2-10. F states: "Land use policies should support a high -
quality rural character which respects the agricultural heritage and
traditional agricultural land uses of the County, as agricultural lands
are converted to other uses (excluding urban development). Rural
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character in the County includes those uses which provide rural
lifestyles, rural -based economies and opportunities to both live and
work in rural areas. The natural landscape and vegetation
predominate over the built environment. Agricultural land uses, and
development provide the visual landscapes traditionally found in
rural areas and communities." The proposed use will leave
approximately 40 percent of the property in the existing state. The
parking of equipment similar to that used by agricultural operations
in the A (Agricultural) Zone District is compatible.
2) Section 22-2-20.F (A.Goal 6) states: "Provide mechanisms for the
division of land in agricultural areas to support the continuation of
agricultural production."
3) Section 22-2-20.F.2 (A.Policy 6.2) states: "Support opportunities,
such as but not limited to hobby farming and home businesses, to
supplement family income and reduce living expenses for farm
families and others who prefer a rural lifestyle." The retained open
space and farm buildings will remain, allowing the owner to reside
on the property and raise chickens and pasture livestock, which
supports the goal of Section 22-2-20.F. The facility will utilize a
gravel surface for the parking and drive areas, which provides the
visual landscape of a rural business operation.
4) Section 22-2-20.G (A.Goal 7) states: "County land use regulations
should protect the individual property owner's right to request a land
use change."
5) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of
agricultural land to nonurban residential, commercial and industrial
uses should be accommodated when the subject site is in an area
that can support such development, and should attempt to be
compatible with the region." This is a business that directly works
with the nearby oilfields. The existing screening, 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.
6) Section 22-2-90.A states: "The purpose of commercial
development Goals is to characterize, by intensity, those areas
throughout the County for retail, offices, services and other similar
uses. Commercial uses are primarily located along major
roadways, at major intersections and in commercial parks designed
to accommodate these uses. When of an appropriate scale that
accounts for pedestrians and public space, limited commercial
activity is also appropriate within neighborhoods." The location of
the proposed commercial use on County Road 53, a designated
collector road, is consistent with Section 22-2-90.A.
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7) Section 22-2-100.A (C.Goal 1) states: "Promote the location of
commercial uses within municipalities, County Urban Growth
Boundary areas, Intergovernmental Agreement urban growth
areas, growth management areas as defined in municipal
comprehensive plans, the Regional Urbanization Areas, Urban
Development Nodes or where adequate services are currently
available or reasonably obtainable." This site is located within the
Kersey IGA. In a referral response dated April 27, 2018, the Town
of Kersey asked that as much traffic as possible be diverted away
from County Road 53 as it enters the Town of Kersey, but otherwise
had no concerns regarding the proposal.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. The parking of equipment similar to that
used by agricultural operations in the A (Agricultural) Zone District is
consistent with the intent.
1) Section 23-3-10 of the Weld County Code states, in part: "The
A (Agricultural) Zone District is also intended to provide areas for
the conduct of Uses by Special Review which have been
determined to be more intense or to have a potentially greater
impact than Uses Allowed by Right." The attached Conditions of
Approval and Development Standards and will adequately mitigate
the impacts of the use.
2) Section 23-3-40.A.2 of the Weld County Code allows, as a Use by
Special Review, Mineral Resource Development Facilities,
including Oil and Gas Support and Service, in the A (Agricultural)
Zone District. The proposed commercial use provides equipment,
tools, and services directly to oil and gas operations within Weld
County. The site will have a shop, an office, and parking for up to
18 commercial trucks.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The facility will be compatible with
the existing character of the area and the surrounding land uses. Smaller
parcels of mostly dryland agriculture surround the site on all sides. Most of
these parcels have homes, outbuildings and some storage area for
equipment or vehicles. No letters were received from surrounding property
owners, though one was returned undeliverable. The applicants held
neighborhood meetings, on March 28, 2018, and July 20, 2018, to listen to
and address any concerns. Within one (1) mile of this proposed facility
there are seven (7) Use by Special Review Permits: 3MUSR17-84-625 is
for a natural gas facility, USR13-0040 is for a non -1041 major facility,
USR-1196 is for a veterinary clinic, USR-1632 is for a telecommunication
tower, USR-570 is for a second single-family dwelling, USR13-0064 is for
a natural gas line, USR-663 is for a recreation facility and horse stables,
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and USR-1701 is for a kennel and a second single-family dwelling. There
are similar oil and gas related operations in the surrounding area.
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 this 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 three (3) mile referral area of the Town of
Kersey, which indicated no concerns in the referral comments dated
April 27, 2018. There are similar oil and gas related operations in the
surrounding area
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 within the
Geologic Hazard Overlay District, Special Flood Hazard Area, or Airport
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 proposed facility is located on approximately 10.04 acres
designated "other land," per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. No prime land will be taken out of
production.
G. Section 23-2-230.6.7 — 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 the health, safety, and
welfare of the inhabitants of the neighborhood and County. The hours of
operation have been mitigated to restrict truck traffic during the school bus
operating hours to address public safety.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Juan Ignacio Cruz, c/o Centennial Tools and Services,
LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0032, for
an Oil and Gas Support and Storage Business (commercial truck maintenance and parking) 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 USR map:
A. The applicant shall address the requirements of the Platte Valley Fire
Protection District, as stated in the referral response dated April 23, 2018.
Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
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B. The applicant shall address the requirements of the Department of Public
Works, as stated in the referral response dated May 21, 2018. Written
evidence of such shall be submitted to the Weld County Department of
Planning Services.
C. An Improvements and Road Maintenance Agreement is required for off -site
improvements at this location. Road maintenance includes, but is not
limited to, dust control and damage repair to specified haul routes. The
Agreement shall include provisions addressing engineering requirements,
submission of collateral, and testing and approval of completed
improvements.
D. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado is
required.
E. The USR map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0032
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 applicant shall delineate on the map the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) The map shall delineate existing and proposed landscaping and/or
screening from adjacent properties and rights -of -way in accordance
with Section 23-2-240.A.10.
6) The map shall delineate the site lighting in accordance with
Section 23-2-10.C and Section 23-2-250.D of the Weld County
Code.
7) All signs shall be shown on the map and shall adhere to Chapter
23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of
the Weld County Code.
8) The map shall delineate the parking area for the vendors,
customers and/or employees in accordance with Appendix 23-A
and Appendix 23-B of the Weld County Code.
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9) The applicant shall show and label all recorded easements on the
map by book and page number or reception number and date on
the site plan.
10) County Road 53 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 on the site plan the future and existing right-of-way. All
setbacks shall be measured from the edge of future right-of-way.
This road is maintained by Weld County.
11) The applicant shall show and label the approved access locations,
approved access width and the appropriate turning radii (60') on the
site plan. The applicant must obtain an access permit in the
approved location(s) prior to construction.
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
and drainage flow arrows. Stormwater ponds should be labeled as
"Stormwater Detention, 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) paper copy or one (1) electronic copy (.pdf) of the plat for preliminary approval
to the Weld County Department of Planning Services. Upon approval of the plat,
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 the Department of Planning Services. 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 one hundred twenty (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 Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required one hundred twenty (120)
days from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance charge shall be added for each additional three (3) month
period.
4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable format is a projected ESRI
shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983
UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS
0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us.
5. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to
on -site construction. This site requires a tracking control device and 100
feet of asphalt OR 300 feet of asphalt for tracking control.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
6. Prior to the issuance of the Certificate of Occupancy:
A. An on -site waste -water treatment system is required for the proposed
facility and shall be installed according to the Weld County On -site
Wastewater Treatment System (OWTS) Regulations. The septic system is
required to be designed by a Colorado Registered Professional Engineer
according to the Weld County OWTS Regulations.
7. The Use by Special Review 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
by the following vote on the 25th day of July,
ATTEST: datifev ..do;eA
Weld County Clerk to the Board
BY:
Deputy Clerk to the Boar
AP "`•r DAS
ounty A'': rney
Date of signature: 48-1.3-18
was, on motion duly made and seconded, adopted
A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Steye Moreno, Chair
arbara Kirkmeyer, %ro-Tem
CD
Sean P. Conway
XCUSED
ulie A. Cozad
Mike Freeman
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JUAN IGNACIO CRUZ,
C/O CENTENNIAL TOOLS AND SERVICES, LLC
USR18-0032
1. The Site Specific Development Plan and Use by Special Review Permit for a Mineral
Resource Development Facility: Oil and Gas Support and Service Business (commercial
truck maintenance and parking) in the A (Agricultural) Zone District.
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. - 7:00 p.m., Monday — Friday, and
6:00 a.m. - 6:00p.m., Saturday, excluding school bus route hours: 7:00-7:45 a.m. and
3:00-4:00 p.m., when school is in session.
4. The number of employees accessing the site shall be fifteen (15).
5. The number of vehicle round trips associated with the commercial business shall be
limited to 30 per day.
6. No more than eighteen (18) commercial vehicles related to the business shall be parked
at the site. The parking area on the site shall be maintained.
7. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
8. The existing landscaping/screening on the site shall be maintained.
9. There is no outside storage related to the truck maintenance and parking, and no oilfield
pipe shall be stored on the site.
10. 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.
11. 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.
12. 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.
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13. 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 and the accepted Waste Handling Plan.
14. No radioactive or hazardous material shall be brought on to the site.
15. Fugitive dust should attempt to be confined on the property. Uses on the property shall
comply with the Colorado Air Quality Commission's Air Quality Regulations.
16. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone, as delineated in C.R.S. §25-12-103.
17. Adequate drinking, handwashing and toilet facilities shall be provided for employees, at
all times. Any septic system located on the property must comply with all provisions of the
Weld County Code, pertaining to On -site Wastewater Treatment Systems.
18. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
19. All potentially hazardous 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
(HAPs) and Volatile Organic Compounds (VOCs). All chemicals must be stored securely,
on an impervious surface, and in accordance with manufacturers' recommendations.
20. 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.
21. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit Application and obtain a permit from the Air Pollution Control Division, Colorado
Department of Public Health and Environment, as applicable.
22. Any vehicle or equipment washing shall adhere to "Low Risk Discharge Guidance:
Discharges From Surface Cosmetic Power Washing Operations To Land July 2010," as
provided by the State.
23. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
24. 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.
25. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
26. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
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27. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall acquire an approved Right -of -Way Use Permit prior to commencement.
28. The property owner or operator shall comply with all requirements provided in the
executed Improvements Agreement.
29. The Improvements Agreement for this site shall be reviewed on an annual basis, including
possible updates.
30. The historical flow patterns and runoff amounts on the site will be maintained.
31. Weld County is not responsible for the maintenance of on -site drainage related features.
32. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2012 International Codes,
2006 International Energy Code, and 2017 National Electrical 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, shall be
required or an Open Hole Inspection.
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 the Design and
Operation Standards of Chapter 23 of the Weld County Code.
36. 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.
37. 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 persons 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.
38. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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