HomeMy WebLinkAbout20161100.tiff RESOLUTION
RE : APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0079 , FOR MINERAL RESOURCE DEVELOPMENT FACILITIES,
INCLUDING OIL AND GAS SUPPORT ( MULTIPLE OFFICE TRAILERS , ROUST-A-
BOUT, PIPELINE CONSTRUCTION , CONSTRUCTION AND EXCAVATING
COMPANY; OUTDOOR STORAGE OF EQUIPMENT AND MATERIALS AND MORE
THAN ONE CONEX CONTAINER) IN THE A (AGRICULTURAL) ZONE DISTRICT -
RLU HOLDINGS, LLC , CIO NORTHWINDS OF WYOMING , INC .
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 30th day of
March . 2016 . at the hour of 10: 00 a . m . , in the Chambers of the Board , for the purpose of hearing
the application of RLU Holdings . LLC . c/o Northwinds of Wyoming . P . O. Box 599, Douglas . WY
82633 , for a Site Specific Development Plan and Use by Special Review Permit. USR15-0079,
for Mineral Resource Development Facilities . including Oil and Gas Support (multiple office
trailers , roust-a-bout, pipeline construction , construction and excavating company : outdoor
storage of equipment and materials and more than one conex container) in the A (Agricultural)
Zone District . on the following described real estate . being more particularly described as follows :
Lot A of Recorded Exemption . RE-4306: being part
of the NE1 /4 of Section 30 , Township 4 North ,
Range 65 West of the 6th P. M . , Weld County ,
Colorado
WHEREAS, at said hearing , the applicant was present and represented by Kelly Deitman ,
Halcyon Design . LLC , 8393 W 1-25 Frontage Road , Frederick, CO 80504, 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 . 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 . 2 (A. Policy 7 . 2) states : "Conversion of
agricultural/and to nonurban residential, commercial and industrial
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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. " The land that RLU Holdings , LLC, is
proposing to convert to a commercial and industrial use is located
on non-irrigated agricultural land within four (4) miles of the Town
of Gilcrest to the west and the Town of LaSalle to the north . The
property is located off a collector status roadway and is within one
( 1 ) mile of an arterial roadway having a signalized intersection at
County Road (CR) 44 and U . S . Highway 85. There are four (4)
residences within 500 feet of the property and an additional
residence within 1 , 000 feet of the property with all other residences
located a greater distance than 1 . 000 feet from the property, and
predominately north of the site and adjacent to CR 39 . Planning
staff will be requiring screening for the outdoor storage component
associated with this use ; and , an Improvements and Road
Maintenance Agreement will be required for off-site improvements
at this location . Road maintenance , including dust control . damage
repair, specified haul routes, and future traffic triggers for
improvements , will be included . Conditions of Approval and the
Development Standards associated with this facility will ensure that
the proposed use is compatible with the vicinity and region .
B . Section 23-2-230. B. 2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Citing the following Code Sections,
Section 23-3-40 . S provides for any use permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial
Zone Districts, 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 Section 23-3-40. B allows for
more than the number of cargo containers allowed as a Use by Right per
legal lot or parcel in the A (Agricultural) Zone District.
C . Section 23-2-230. B. 3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses . There are surrounding businesses
in this area along with agricultural farm fields . Directly to the north of this
property is A&E Commercial Farming . This is an agricultural business with
a large parking area for associated equipment, a single family residence
with outbuildings, a barn and small office area . Further to the north . across
CR 42 , is an agricultural field . Directly to the east is Trevino Trucking
(USR15-0023) , a commercial trucking company that has a large equipment
parking area for stage trailers and semis . Across CR 39 to the east, is Pat
Spayd of Syngenta Seed Advisor, a distributor of agricultural products with
a large yard that services equipment, and an agricultural field . Directly to
the west of the property is an irrigation canal . On the other side of the canal ,
is a tank battery and agricultural field . Directly to the south of the property
is another irrigation ditch . Beyond that is a residential house along with a
g Y
large arena and barn permitted for horse training and boarding (USR-662) .
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There is also another tank battery along with agricultural field . The high
ditch banks on the canals provide excellent separation of the properties
and there is a fence and raised bank that separate the proposed facility and
Trevino Trucking . The shop/office along with storage building and parking
will be placed in areas that will have the least impact on the neighbors.
Staff has received inquiries from surrounding property owners concerning
this land use application . some with concerns of operating without a land
use permit. and parking of vehicles and equipment within the ditch
right-of-way. The Conditions of Approval require screening of the outdoor
storage, and the Development Standards will address the operating hours,
on-site lighting , site access and circulation , and parking and staging .
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 the three (3) mile referral area
of any municipality or County.
E . Section 23-2-230. B . 5 -- The application complies with Chapter 23,
Articles V and XI , of the Weld County Code . 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. The
property is not within the Geologic Hazard Overlay District or the Airport
Overlay District. The site is within the County-Wide Road Impact Fee Area
and the Capital Expansion Impact Fee areas . The property is not in a
floodplain .
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 34 acres of equal
percentage in "Prime (Irrigated)" and " Irrigated Land (Not Prime)" lands,
per the 1979 Soil Conservation Service Important Farmlands of Weld
County Map. The property historically has been in pasture; however, at the
time of this land use application , there was no irrigation water associated
with the property.
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 RLU Holdings, LLC , c/o Northwinds of Wyoming , Inc. ,
for a Site Specific Development Plan and Use by Special Review Permit, USR15-0079 , for Mineral
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Resource Development Facilities , including Oil and Gas Support (multiple office trailers,
roust-a-bout, pipeline construction , construction and excavating company; outdoor storage of
equipment and materials and more than one conex container) 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 attempt to address the requirements (concerns) of the
Central Weld County Water District, as stated in the referral response dated
January 12 , 2016. Written evidence of such shall be submitted to the Weld
County Department of Planning Services .
B . The applicant shall attempt to address the requirements (concerns) of
Platte Valley Irrigation Company, as stated in the referral response
received on behalf of the Evans No . 2 Ditch and the Platte Valley Canal
dated February 1 , 2016. 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 , including dust control ,
damage repair, specified haul routes and future traffic triggers for
improvements will be included .
D . The applicants are proposing a shared access for USR15-0023. located on
Lot A of RE-2341 , and proposed USR15-0079 located on Lot A of RE-4306.
The applicant shall submit to the Weld County Department of Planning
Services the following :
1 ) A recorded copy of any commercial access and utility easement
agreement signed by all of the owners of the property crossed by
the access . The access shall be for ingress, egress and utilities and
shall be referenced on the USR Map by the Weld County Clerk and
Recorder's reception number.
2) The 30-foot-wide joint access and utility easement extending
across Lot A of RE-2341 from CR 39 , for the benefit of Lot A of
RE-2341 and Lot A of RE-4306 , shall be shown clearly on the map.
The joint easement shall be dedicated for the Use as shown using
the language set forth in the Weld County Code , Appendix 24-F . 2 .
The easement shall be graded and drained to provide all-weather
access and shall be clear of all vehicles , equipment and
obstructions . at all times . day and night.
E . The Map shall be amended to delineate the following :
1 ) All sheets of the Map shall be labeled USR15-0079.
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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 the trash collection areas in
accordance with Section 23-3-350. H of the Weld County Code.
5) The parking and outdoor storage shall be screened from public
rights-of-way and adjacent property.
6) The lighting shall be shown in accordance with
Section 23-3-250. B. 6 of the Weld County Code .
7) County Road 39 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
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.
8) Show and label the approved access and Access Permit Number,
AP15-00591 , with the appropriate turning radii .
9) Show and label the approved tracking control .
10) 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/Stormwater
Detention , No-Build or Storage Area . " and shall include the
calculated volume.
11 ) Show and label the entrance gate set back a minimum of 100 feet
from the edge of the shoulder.
12) Show and label the three (3) (500-gallon plus fuel) tanks held within
the concrete containment area .
13) Show and label the employee parking spaces and one
non-ambulatory parking space with wheel stops . Identify parking
areas for the employee parking . company trucks. trailers,
construction forms and equipment.
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 Map for preliminary approval
pp
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
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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 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 CAD formats are . dwg , .dxf,
and .dgn (Microstation ) ; acceptable GIS formats are ArcView shapefiles or ArcGIS
Personal GeoDataBase (MDB) . The preferred format for Images is .tif (Group 4) .
(Group 6 is not acceptable) . 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 .
B. If more than one ( 1 ) acre is to be disturbed , a Weld County Grading Permit
will be required .
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 30th day of March , A. D . , 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY. COLORADO
ATTEST: `� ri' JeL, e,C -Rat-Ala
Mike Freeman , Chair
Weld County Clerk to the Board
f
Sean P . Conway, Pro-Tem
BY: 1a -
Deput Clerk to the Board EXCUSED
Julie A. Cozad
APP ' o - ' A • • : M : ,��S�tXCUSED
bara Kirkmeyer
/mss-- - :_ .�.- ♦
nty y ttorne 1861 I .F ': ,`
4..
Moreno
Date of signature: V /3 Fr
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RLU HOLDINGS , LLC , C/O NORTHWINDS OF WYOMING, INC .
USR15-0079
1 . The Site Specific Development Plan and Use by Special Review Permit, USR15-0079 , is
for any Use permitted as a Use by Right. Accessory Use . or Use by Special Review in the
Commercial or Industrial Zone Districts, for Mineral Resource Development Facilities ,
including Oil and Gas Support (multiple office trailers , roust a bout, pipeline construction ,
construction and excavating company: outdoor storage of equipment and materials and
more than one conex container) 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 per day. 7 days per week.
4 . The parking and screening on the site shall be maintained .
5. The number of employees shall be restricted to eighty-three (83) .
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 . 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 .
8. 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 .
9. 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.
10. 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 .
11 . 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.
12 . 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
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Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in
Weld County and shall contain hand sanitizers .
13 . Any septic system located on the property must comply with all provisions of the Weld
County Code , pertaining to On-site Wastewater Treatment Systems . A permanent,
adequate water supply shall be provided for drinking and sanitary purposes .
14. 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 .
15. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges
in accordance with the rules and regulations of the Water Quality Control Commission ,
and the Environmental Protection Agency.
16. 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.
17 . The facility shall comply with all provisions of the State Underground and Above Ground
Storage Tank Regulations .
18 . The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code .
19 . 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 .
20. The applicant/landowner shall be responsible for controlling the noxious weeds . pursuant
to Chapter 15, Articles I and II , of the Weld County Code .
21 . The accesses to the site shall be maintained to mitigate any impacts to the public road
including damages and/or off-site tracking .
22 . There shall be no parking or staging of vehicles on public roads . On-site parking shall be
utilized .
23 . The historical flow patterns and runoff amounts will be maintained on the site .
24. Weld County is not responsible for the maintenance of on-site drainage related features.
25 . 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
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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 .
26. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code .
27 . 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.
28 . 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 .
29 . 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.
30. 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
31 . 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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