HomeMy WebLinkAbout20171315.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND MAJOR AMNEDMENT,
1MJUSR17-02-1366, TO A USE BY SPECIAL REVIEW PERMIT (USR-1366) FOR ANY
USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE OR USE BY SPECIAL
REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (MAJESTIC
FENCE COMPANY) TO INCLUDE MINERAL RESOURCE DEVELOPMENT
FACILITIES INCLUDING OIL AND GAS SUPPORT AND SERVICE (THE STAGING,
STORAGE AND PARKING AND MAINTENANCE OF EXPLORATION, PRODUCTION
OR WORKOVER EQUIPMENT) 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 IN THE A (AGRICULTURAL) ZONE DISTRICT - SHAWN AND
STACEY GREATHOUSE
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 24th day of
May, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Shawn and Stacey Greathouse, 24155 CR 15.5, Johnston, Colorado 80534, for
a Site Specific Development Plan and Major Amendment, 1 MJUSR17-02-1366, to a Use by
Special Review Permit (USR-1366) for any Use permitted as a Use by Right, Accessory Use or
Use by Special Review in the Commercial or Industrial Zone Districts (Majestic Fence Company)
to include Mineral Resource Development Facilities including Oil and Gas Support and Service
(the staging, storage and parking and maintenance of exploration, production or workover
equipment) 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 in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot B of Corrected Recorded Exemption, CORR
RE -2720; being part of the S1/2 SW1/4 of Section
32 Township 5 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.
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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 ordinance in effect. Section
23-2-220.A.1 (A. Policy 7.1) states, "County land use regulations should
support commercial and industrial uses that are directly related to, or
dependent upon, agriculture, to locate within the agricultural areas, when
the impact to surrounding properties is minimal, or can be mitigated, and
where adequate services are currently available or reasonably obtainable."
The fence company, including office, parking, storage and staging areas
are already permitted and the additional oil and gas support and service
component, including trucks and associated exploration, production or
workover are presently parked on the site. Access is to a paved road and
located in an area that allows access to the oil field areas. Section 22-2-
100.E. (C.Goal 5) states, "Minimize the incompatibilities that occur between
commercial uses and surrounding properties." The existing facility has a
six (6) foot vinyl privacy fence surrounding the service yard and has a gated
single point of access onto a County maintained road, and as a Condition
of Approval the lights will be directed downward and away from neighboring
properties. The hours of operation, maintenance and on -site commercial
activity will be restricted to 5:00 a.m. to 10:00 p.m., Monday through
Saturday. The proposed use is in an area that can support this
development, and the existing screening, the Conditions of Approval and
the 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.
B. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.S of the Weld County
Code lists any Use permitted as a Use by Right, Accessory Use, or Use by
Special Review in the Commercial or Industrial Zone Districts (Majestic
Fence Company) along with outside materials and vehicle storage and
staging, 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 as a Use by Special Review, and
Section 23-3-40 allows Mineral Resource Development Facilities, including
Oil and Gas Support and Service (the staging, storage and parking and
maintenance of exploration, production or workover equipment) in the
A (Agricultural) Zone District.
C. Section 23-2-230.6.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The property consists of the
Greathouse residence and outbuildings and the existing Majestic Fence
Company office and fenced service yard permitted via USR-1366. Lands
to the north are in irrigated production agriculture with a single-family
residence; to the east is the Greathouse RV, Boat, Camper and mini -
storage facility permitted via USR13-0057; lands to the south are in
irrigated production agriculture and lands to the east have a residence and
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outbuildings and agricultural lands.
D. Section 23-2-230.6.4 -- 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 three (3) mile referral area of
Larimer County, the City of Greeley, and the Towns of Milliken and
Johnstown. The City of Greeley in a letter dated March 16, 2017, indicated
no concerns; the Town of Milliken, in a letter dated March 30, 2017,
indicated no conflict with their interests. The Town of Johnstown and
Larimer County Planning did not return a referral response.
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 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 23-2-230.6.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The existing building and fenced service yard is located on
approximately three (3) acres Prime Agriculture Land, per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map.
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 Shawn and Stacey Greathouse, for a Site Specific
Development Plan and Major Amendment, 1MJUSR17-02-1366, to a Use by Special Review
(USR-1366) for any Use permitted as a Use by Right, Accessory Use or Use by Special Review
in the Commercial or Industrial Zone Districts (Majestic Fence Company) to include Mineral
Resource Development Facilities including Oil and Gas Support and Service (the staging, storage
and parking and maintenance of exploration, production or workover equipment) 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 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 attempt to address the requirements of the Front Range
Fire Protection District, as stated in the referral response dated
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March 15, 2017. Written evidence of such shall be submitted to the Weld
County Department of Planning Services.
B. The USR map shall be amended to delineate the following:
1) All sheets of the USR map shall be labeled 1 MJUSRI7-02-1366.
2) The attached Development Standards.
3) The USR 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 USR map shall delineate the existing landscaping and/or
existing screening.
6) All lights shall be shown on the USR map and shall adhere to
Chapter 23, Article II, Division 4, Section 23-2-250.D of the Weld
County Code.
7) All signs shall be shown on the USR 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 USR map shall delineate the parking area for all equipment
parked on the site and include parking for the vendors, customers
and/or employees.
9) County Road 15.5 is a gravel road and is designated on the Weld
County Road Classification Plan as a local road, which requires
60 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.
10) County Road 50 is a paved road and is designated on the Weld
County Road Classification Plan 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) Show and label the approved access(es) (AP17-00195), and the
appropriate turning radii on the site plan.
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12) Show and label the entrance gate set back a minimum of 100 feet
from edge of shoulder.
13) Show and label all recorded easements on the map by book and
page number or reception number and date on the site plan.
14) The applicant shall show the drainage flow arrows.
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 USR map for preliminary
approval to the Weld County Department of Planning Services. Upon approval of
the USR map, the applicant shall submit a Mylar USR map along with all other
documentation required as Conditions of Approval. The Mylar USR map shall be
recorded in the office of the Weld County Clerk and Recorder by the Department
of Planning Services. The USR map shall be prepared in accordance with the
requirements of Section 23-2-260.D of the Weld County Code. The Mylar USR
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 prior to the start of 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 24th day of May, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLQRIO
ATTEST: da34.4) j ' ,p;‘,k.
Weld County Clerk to the Board
APP
ty Clerk to the Board
my Attorney
Date of signature: Co I (3 I
Julie A. Cozad, Chair
teve Moreno, Pro -Tern
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SHAWN AND STACEY
1 MJUSRI7-02-1366
1. The Site Specific Development Plan and Major Amendment to a Use by Special Review
Permit, 1 MJUSR17-02-1366, is for any Use permitted as a Use by Right, Accessory Use,
or Use by Special Review in the Commercial or Industrial Zone Districts (Majestic Fence
Company) to include Mineral Resource Development Facilities including Oil and Gas
Support and Service (the staging, storage and parking and maintenance of exploration,
production or workover equipment) 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 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 5:00 a.m. - 10:00 p.m., Monday — Saturday.
4. The number of on -site employees shall be ten (10).
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 existing landscaping/screening on the site shall be maintained.
8. 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.
9. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
10. 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.
11. 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.
12. 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.
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13. 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.
14. 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.
15. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Wastewater Treatment Systems (OWTS). A
permanent, adequate water supply shall be provided for drinking and sanitary purposes.
16. Adequate drinking, hand washing 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.
17. In the event the existing septic system usage will exceed eight (8) people, the septic
system shall be reviewed by a Colorado registered professional engineer. The review
shall consist of observation of the system and a technical review describing the system's
ability to handle the proposed hydraulic load. The review shall be submitted to the
Environmental Health Services Division of the Weld County Department of Public Health
and Environment. In the event the system is found to be inadequately sized or
constructed, the system shall be brought into compliance with current regulations.
18. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
19. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
20. The historical flow patterns and runoff amounts on the site will be maintained.
21. Sources of light shall be shielded so that beams or rays of light 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.
22. 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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23. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
24. 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.
25. 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.
26. The property owner or operator shall be responsible for complying with 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.
27. 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 person moving into these areas must
recognize the various impacts associated with this development. Often times, 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.
28. 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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