HomeMy WebLinkAbout20153188.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0033, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES,
INCLUDING OIL AND GAS SUPPORT AND SERVICE (PARKING AND STORAGE OF
HOT OIL TRUCKS AND RELATED EQUIPMENT) IN THE A (AGRICULTURAL) ZONE
DISTRICT - JOSH PEARSON
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 14th day of
October, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Josh Pearson, 13280 CR 66, Greeley, CO 80631, for a Site Specific
Development Plan and Use by Special Review Permit, USR15-0033, for Mineral Resource
Development Facilities, including Oil and Gas Support and Service (parking and storage of hot oil
trucks and related equipment) in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
Lot A of Recorded Exemption, RE-2296; being part
of the N1/2 NE1/4 of Section 33, Township 4 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present and represented by Sheri
Lockman, Lockman Land Consulting, LLC, 36509 CR 41, Eaton, CO 80615, 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 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
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SPECIAL REVIEW PERMIT (USR15-0033) -JOSH PEARSON
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compatible with the region." The proposed oil and gas support
operation is small in size. Only six employees will be accessing and
leaving the site. The vehicles are parked facing away from the
residence to the north and west and the vehicles are screened by
the existing residence from the nearest residence to the south and
east.
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.A.2 of the Weld County
Code allows Oil and Gas Support and Service Facilities (parking and
storage of hot oil trucks and related equipment) as a Use by Special Review
Permit 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. The proposed Use by Special
Review (USR) site is located on a property approximately 300 feet to the
southeast and 400 feet to the north of two existing single family residences.
The remaining areas are in crop. Only six employees will be accessing and
leaving the site.
D. Section 23-2-230.B.4--The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within the three (3) mile referral area and
Intergovernmental Agreement (IGA) boundary of the Town of Gilcrest. No
referral response has been received from the Town of Gilcrest.
-E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, 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.
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 proposed facility is located on approximately two (2) acres
delineated as "Prime," per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The property is covered by existing
improvements.
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.
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SPECIAL REVIEW PERMIT (USR15-0033) -JOSH PEARSON
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
Count Colorado, that the application of Josh Pearson, for a Site Specific Development Plan and
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Use by Special Review Permit, USR15-0033, for Mineral Resource Development Facilities,
including Oil and Gas Support and Service (parking and storage of hot oil trucks and related
equipment) 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. Change of Use Building Permits shall be submitted for the existing
building(s) being utilized for parts and equipment storage associated with
the business. The applicant will need to complete the As Built Construction
Agreement because the building(s) and electrical work have been
completed. A Fire District Notification Letter shall be submitted to the Fire
District with jurisdiction for review and comments and submitted with
Commercial Permit Application to Weld County. Evidence of such shall be
submitted to the Weld County Department of Planning Services.
B. Building Permits for the existing fuel tanks shall be submitted. Evidence of
such shall be submitted to the Department of Planning Services.
C. The map shall be amended to delineate the following:
1) All sheets shall be labeled USR15-0033.
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) Show and label the approved access(es), turning radii, and Access
Permit Number (AP#15-00307).
5) Show and label all recorded easements by book and page number
or reception number and date on the site plan.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit an
electronic version (.pdf), or one (1) paper copy, of the plat to the Weld County
Department of Planning Services for preliminary approval. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. 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 and additional requirements shall be submitted within one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution. The
Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder
by the Department of Planning Services. 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 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. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
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by the following vote on the 14th day of October, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: da4,,,, �C.Gto� , EXCUSED
Barbara`Kiirkmeyer, Chair
Weld County Clerk to the Board ^�l 1444-,-\_fl.te.
4001.1.1"'"%► ike Freeman, Pro-Tem
BY: [to k- ��1�!���. y/. ���
De Cy Clerk to th9 Board
�e „ ��—
� P. Conway
I tut twoc,
APPROVED AS TO FORM:
-•.i%'�- A. co ad
Attorney Y
I I(9 Steve Moreno
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JOSH PEARSON
USR15-0033
1. The Site Specific Development Plan and Use by Special Review Permit, USR15-0033, is
for Mineral Resource Development Facilities, including Oil and Gas Support and Service
(parking and storage of hot oil trucks and related equipment) 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, 365 days a year, as stated by the applicant(s).
4. The maximum number of employees shall be limited to six (6).
5. The parking 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. 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 1 of the
Weld County Code.
10. The applicant shall attempt to control fugitive dust and fugitive particulate emissions on
this site. Uses on the property should comply with the Colorado Air Quality Commission's
Air Quality Regulations.
11. This facility shall adhere to the maximum permissible noise levels allowed in the
Non-Specified Zone District, as delineated in Section 14-9-30 of the Weld County Code.
12. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, 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 the 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
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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.
13. The facility shall comply with all provisions of the State Underground and Above Ground
Storage Tank Regulations.
14. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
15. 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.
16. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
17. The historical flow patterns and runoff amounts will be maintained on the site.
18. Weld County is not responsible for the maintenance of on-site drainage related features.
19. There shall be no parking or staging of vehicles on County roads. On-site parking shall be
utilized.
20. The site shall be maintained to mitigate any impacts to the public road including damages
and/or off-site tracking.
21. 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.
22. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
23. 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.
24. 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
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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.
25. 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.
26. 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,
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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.
27. 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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