HomeMy WebLinkAbout20173528.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR17-0036, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (STEEL FABRICATION) PROVIDED THAT THE
PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT
OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS
CONTROLLING SUBDIVISIONS AND MATERIALS PROCESSING FACILITIES
INCLUDING OIL AND GAS SUPPORT AND SERVICE (ROUST -A -BOUT) IN THE
A (AGRICULTURAL) ZONE DISTRICT - DUSTY AND KARRIE THOMAS
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 8th day of
November, 2017, at the hour of 10:00 a.m., in the Chambers of the Board for the purpose of
hearing the application of Dusty and Karrie Thomas, 22994 CR 30, Hudson, CO 80642, for a Site
Specific Development Plan and Use by Special Review Permit, USR17-0036, for any Use
permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial or
Industrial Zone Districts (steel fabrication) provided that the property is not a lot in an approved
or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations
controlling subdivisions and materials processing facilities including oil and gas support and
service (Roust -a -bout) in the A (Agricultural) Zone District on the following described real estate,
to -wit:
Lot B of Recorded Exemption, RECX17-0102; being
part of the SE1/4 of Section 26, Township 3 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the Board heard all of the testimony and statements of those present and
reviewed the request of the applicant and, having been fully informed, finds that this request be
approved and the matter should be continued to December 6, 2017, at 10:00 a.m., to allow the
applicant adequate time to present to the Planning Commission, which was continued to
November 7, 2017, and
WHEREAS, at said hearing on December 6, 2017, the applicant was present and
represented by Tim Naylor, AGPROfessionals, 3050 67th Avenue, Suite 200, Greeley, CO 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:
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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.B 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 ordinance in effect.
1) 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." And 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." There will be
an approximate 10,000 -square -foot shop and outdoor storage on
the site for the parking and staging of a Roust -a -bout. There are 70
employees who access the site. Hours of operation are 24 hours a
day, seven (7) days a week. The application materials indicate that
the sign and the site lighting will meet the requirements of the Weld
County Code. A chain link fence will surround the site.
2) Section 22-2-20.H (A.Goal 8) states: "Ensure that adequate
services and facilities are currently available or reasonably
obtainable to accommodate the requested new land use change for
more intensive development." The residence on the site was built
in 2000, and once the Recorded Exemption (RECX17-0102) is
completed, the residence will be on Lot A and the steel fabrication
business will be located on Lot B. Lot B of the new Recorded
Exemption will be approximately 87 acres. Lot B will be serviced
by a proposed well and proposed On -site Wastewater Treatment
System (OWTS).
3) Section 22-2-20.1.2 (A. Policy 9.2) states: "Consider the individuality
of the characteristics and the compatibility of the region of the
County that each proposed land use change affects, while avoiding
requirements that do not fit the land use for that specific region."
The steel fabrication operation and the parking and staging of
equipment associated with the Roust -a -bout will occupy five (5)
acres in the northeast corner of the lot. The rest of the site will
remain as non -irrigated rangeland. In 2009, the site was approved
for storage of cargo containers under USR-1678. The applicant will
vacate USR-1678, as a Condition of Approval for this USR. The site
is located 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.
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B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.S allows for a Site
Specific Development Plan and Use by Special Review Permit for a Use
Permitted as a Use by Right, Accessory Use, or a Use by Special Review
in the Commercial or Industrial Zone Districts (steel fabrication) provided
that the property is not a lot in an approved or recorded subdivision plat or
lots part of a map or plan filed prior to adoption of any regulations controlling
subdivisions, and Section 23-3-40.A.2 allows for Mineral Resource
Development Facilities including Oil and Gas Support and Service (Roust -
a -bout) in the A (Agricultural) Zone District.
1) Section 23-3-10 (Intent) states: "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 steel
fabrication business and the associated Roust -a -bout business
supports oil and gas and agriculture. This region of the County (the
corner of CR 49 and CR 30) has had a number of mineral resource
(oil and gas related) USRs approved in the past few years. The
closest residence is owned by the property owner and the next
closest residence is about half mile from the site of the shop and
storage area. The proposed USR 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.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of
non -irrigated pasture land and rural residences. The closest residences are
located approximately 100 feet south of the south property line and about
1/2 mile from the shop and storage area. There are eight (8) USRs within
one mile of this site. USR-1276 is for a waste disposal site and Amended
USR-1276 is for a composting facility and both are located west of the site.
MUSR16-11-0009 is for an oil and gas facility, USR-1420 is for a second
residence, USR15-0016 is fora mineral resource facility, MUSR13-0011 is
for a mineral resource facility, MUSR14-0025 is for a mineral resource
facility, and MUSR16-0005 is for a mineral resource facility and all are
located east of the site. The Weld County Department of Planning Services
has received one (1) letter from the attorneys that represent Mr. John
Moser, Morwai Dairy, LLC, and Wes Moser, Inc. The letter indicates that
they do not oppose the USR but did have concerns about increase in the
traffic and the potential for traffic congestion. Additionally, the letter states
that any future users of the site should be made aware of the dairy
operation and the impacts such as smells, flies, and other products from
the operation. The letter has been sent to the applicant's representative
for their review.
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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 not located within a three (3) mile referral area of
any municipality, nor is it located within any existing Intergovernmental
Agreement Area (IGA) of a municipality.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The site is not in an Airport
Overlay District, a Geologic Hazard Overlay District, or a Floodplain.
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 soils designated as "Other," per the
1979 Soil Conservation Service Important Farmlands of Weld County Map.
The proposed USR will not take any Prime (Irrigated) Farmland out of
production.
G. Section 23-2-230.B.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 can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Dusty and Karrie Thomas, for a Site Specific
Development Plan and Use by Special Review Permit, USR17-0036, for any Use permitted as a
Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone
Districts (steel fabrication) provided that the property is not a lot in an approved or recorded
subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling
subdivisions and materials processing facilities including oil and gas support and service
(Roust -a -bout) 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. An Improvements and Road Maintenance Agreement is required for off -site
improvements at this location. Road maintenance including, but not limited
to, dust control, damage repair, specified haul routes and future traffic
triggers for improvements will be included.
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B. The applicant shall address the requirements of the State of Colorado,
Division of Water Resources, as stated in the referral response dated,
July 20, 2017. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
C. The applicant shall complete a vacation of USR-1678.
D. The applicant shall record Recorded Exemption, RECX17-0102.
E. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0036.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) The applicant shall delineate 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 the lighting, if applicable.
6) 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.
7) The map shall delineate the parking area.
8) County Road 30 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.
9) Show and label the approved access(es) (AP17-00358), and the
appropriate turning radii (60') on the site plan.
10) Show and label the approved tracking control on the site plan.
11) 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.
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12) The applicant shall show and label the accepted drainage features
and drainage flow arrows. Water quality features or stormwater
ponds should be labeled as "Water Quality Feature, No -Build or
Storage Area" and shall include the calculated volume.
13) 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 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.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the map 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. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
B. The approved access and tracking control shall be constructed prior to
on -site construction.
6. 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 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 6th day of December, A.D., 2017.
ATTEST: datAvt)
Weld County Clerk to the Board
Deputy Clerk
County A ttorney
Date of signature: 0/ - /0 —I?
Steve Moreno, Pro- em
BOARD OF COUNTY COMMISSIONERS
WELD CO,4NTY, COLORADO
-?/67
Sean P. Conway
rrbara Kirkmeyer
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DUSTY AND KARRIE THOMAS
USR17-0036
1 The Site Specific Development Plan and Use by Special Review Permit, USR17-0036, is
for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (steel fabrication) provided that the property is not
a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to
adoption of any regulations controlling subdivisions and Mineral Resource Development
Facilities including Oil and Gas Support and Service (Roust -a -bout) 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.
4. The number of employees shall be 70.
5. The parking area on the site shall be maintained.
6. 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.
7. 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.
8. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
9. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
10. The historical flow patterns and runoff amounts on the site will be maintained.
11. Weld County is not responsible for the maintenance of on -site drainage related features.
12. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
13. 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, Section 30-20-100.5, C.R.S.
14. 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
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conditions. The applicant shall operate in accordance with Chapter 14, Article I, of the
Weld County Code.
15. 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.
16. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 25-12-103, C.R.S.
17. Adequate drinking, handwashing and toilet facilities shall be provided for employees, at
all times. For employees or contractors on -site for less than two (2) consecutive hours a
day, and two (2) or less full-time employees on -site, portable toilets and bottled water are
acceptable. Records of maintenance and proper disposal for portable toilets shall be
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.
18. Any septic system or holding tank located on the property must comply with all provisions
of the Weld County Code, pertaining to On -site Wastewater Treatment Systems (OWTS).
19. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
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. All potentially hazardous chemicals must be handled in a safe manner in accordance with
product labeling. All chemicals must be stored secure, on an impervious surface, and in
accordance with manufacturer's recommendations.
22. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
23. 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.
24. 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 2014 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.
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25. 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.
26. 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.
27. 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.
28. 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 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.
29. 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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