HomeMy WebLinkAbout20151973.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0014, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING OIL AND GAS SUPPORT AND SERVICE FACILITY (PARKING AND
STAGING OF OIL AND GAS TRUCKS AND EQUIPMENT, OFFICE AND TRUCK AND
EQUIPMENT MAINTENANCE) IN THE I-1 (INDUSTRIAL) ZONE DISTRICT - MERLE
LUTHER AND LUTHER RENTALS 1510, LLC, C/O ENERGES 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 8th day of
July, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Merle Luther and Luther Rentals 1510, LLC, 1829 15th Street, Greeley, CO
80631, c/o Energes Services, LLC, 33247 U.S. Highway 85, Lucerne, CO 80636, for a Site
Specific Development Plan and Use by Special Review Permit, USR15-0014, for a Mineral
Resource Development Facility, including Oil and Gas Support and Service Facility (parking and
staging of oil and gas trucks and equipment, office and truck and equipment maintenance) in the
I-1 (Industrial) Zone District, on the following described real estate, being more particularly
described as follows:
Parts of lots 1, 2 and 5 in the SW1/4 SW1/4 of
Section 10, Township 5 North, Range 65 West of the
6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present and represented by Todd Hodges,
of Todd Hodges Design, 2412 Denby Court, Ft. Collins, CO 80526, 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.
Board of
2. It is the opinion of the County Commissioners that the applicant has
p
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 22-2-80.A (I.Goal1) states: "Promote the location of
industrial uses within municipalities, County Urban Growth
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Boundary areas, Intergovernmental Agreement urban growth
areas, growth management areas as defined in municipalities'
comprehensive plans, the Regional Urbanization Areas, Urban
Development Nodes, along railroad infrastructure or where
adequate services are currently available or reasonably
obtainable." The proposed use is located adjacent to U.S.
Highway 34 and is located within the Urban Growth Bundary for the
City of Greeley.
2) Section 22-2-80.F (I.Goal 6) states: "Minimize the incompatibilities
that occur between industrial uses and surrounding properties."
The site is adjacent to residences to the south and east. The
Department of Planning Services is requiring a Noise Abatement
Plan and screening from adjacent properties and rights-of-way as a
Condition of Approval for this application.
3) Section 22-2-80.F.2 (I.Policy 6.2) states: "Support the use of visual
and sound barrier landscaping to screen open storage areas from
residential uses or public roads." Screening of the parking and
storage areas on the site from adjacent properties to the south and
west and adjacent road right-of-way is required as a Condition of
Approval.
4) Section 22-2-100.A.2 (OG.Policy 1.2) states: "Oil and gas support
facilities which do not rely on geology for locations should locate in
commercial and industrial areas, when possible, and should be
subject to review in accordance with the appropriate sections of this
Code."The proposed use is on an existing commercial zoned lot.
The applicant is proposing to rezone the property to I-1 (Industrial)
under case COZ14-0007.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the I-1 (Industrial) Zone District. Section 23-3-310.D.10 allows Oil and Gas
Support uses as a Use by Special Review in the I-1 Zone District.
C. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. Single family residential lots and a
residential subdivision are located to the south and west of the site.
Commercial uses are located to the northwest and east (across
U.S. Highway 34) from the site. In the past, there has been a farm
equipment sales business on the property. Planning Staff has received a
letter of concern/opposition from a surrounding property owner (located to
the west of the site), dated March 9, 2015. Concerns expressed/outlined in
the letter include increased traffic making it difficult to enter onto 18th Street
(U.S. Highway 34) from Cherry Avenue, noise, hours of operation, lights
shining into the property from trucks accessing and parking at the site, and
diminished property value. The property owner requests that a sound and
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site barrier be erected should this application be approved. A number of
Conditions of Approval and Development Standards are attached.
Planning Staff is requiring screening of the site from adjacent residential
properties to the south and west. Submittal of a Noise Abatement Plan is a
Condition of Approval. The Colorado Department of Transportation
(CDOT) indicated in the referral response that a Baseline Access Permit
be required for the proposed facility. If the lease with the property is
renegotiated or reassigned, a new Access Permit will be required.
Additionally, CDOT reserves the right to re-evaluate the accesses should
an accident history develop.
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 of
the City of Evans, Town of Garden City, City of Greeley and Town of
Kersey. No referral response has been received from the City of Evans,
Town of Garden City and Town of Kersey. The City of Greeley, in the
referral comments, dated April 21, 2015, indicated that the property is
located in the City of Greeley's Long Range Expected Growth Area. The
City considers the site location to be important as the City categorizes 18th
Street (US Highway 34) as an Entry Corridor into the City. Staff requested
that the property be screened from the view of adjacent roadways and
properties (either by a fence or landscaping of a sufficient height to provide
year round screening). The City of Greeley attached landscaping and
architectural standards in the referral response. City of Greeley water
requirements were attached as well. A Condition of Approval has been
included requiring the applicant to attempt to address the referral
comments of the City of Greeley.
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. The
properties are located in the Greeley-Weld County Airport Overlay District.
No referral response has been received from the Greeley-Weld County
Airport Authority.
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 8.41 acres defined
as "Other," per the 1979 Soil Conservation Service Important Farmlands of
Weld County Map.
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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 Merle Luther and Luther Rentals 1510, LLC, do Energes
Services, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR15-0014, for a Mineral Resource Development Facility, including Oil and Gas Support and
Service Facility (parking and staging of oil and gas trucks and equipment, office and truck and
equipment maintenance) in the I-1 (Industrial)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. In the event the applicant intends to utilize the existing septic system at the
home for business use, 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. Alternately, a new septic system may
be installed for business use. Evidence of such shall be submitted, in
writing, to the Weld County Department of Planning Services.
B. Evidence of an approved Access Permit from the Colorado Department of
Transportation shall be provided to the Department of Planning Services.
C. The applicant shall provide a Screening/Buffering Plan to the Department
of Planning Services. The Plan shall be consistent with the neighborhood
and surrounding areas.
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR15-0014.
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 the approved CDOT accesses and label with Access Permit
number.
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5) Indicate any right-of-way and/or easements and indicate whether
they are dedicated, private, or deeded and label with recorded
document, book and page and/or reception number.
6) Show and label the approved tracking control onto publically
maintained roadways.
7) Show and label the accepted drainage features, drainage flow
arrows, turning radii (60ft), and parking and circulation.
8) Show the entrance gate setback a minimum of 100 feet from the
edge of shoulder.
9) Delineate the trash collection areas. Section 23-3-350.H of the
Weld County Code addresses the issue of trash collection areas.
10) The approved Screening/Buffering Plan.
11) Delineate the site lighting for compliance with Section 23-3-50.B.6
of the Weld County Code.
12) All signs shall be shown and shall adhere to Chapter 23, Article IV,
Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County
Code.
13) Edge of future right-of-way (75 feet from the centerline of
U.S. Highway 34) shall be indicated.
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
n Commissioners Resolution. The
Board of County(120) days from the date of the y
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.
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.
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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. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required prior to the start of construction. Contact the
Planning Department for application information.
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of July, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:datif44) C( J 24,*� Barbara Kirkmeyer, ChairN�
Weld County Clerk to the Board � U V2
��"""+►, Mike Freeman, Pro-Tern
BY: � / , I I• '.e ���'. 1 LA,
� Clerk to the oar
De
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1861 Al
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APPROVED AS TO FORM: , /_ -�'
lie Cozad
County Attorney
Steve Moreno
Date of signature: 7/A7
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MERLE LUTHER AND LUTHER RENTALS 1510, LLC,
C/O ENERGES SERVICES, LLC
USR15-0014
1. The Site Specific Development Plan and Use by Special Review Permit, USR15-0014, is
for an Oil and Gas Support and Service Facility (parking and staging of oil and gas trucks
and equipment, office and truck and equipment maintenance) in the I-1 (Industrial) Zone
District, subject to the Development Standards stated hereon. Approval of this plan may
create a vested property right pursuant to Section 23-8-10 of the Weld County Code.
2. Per the application materials, posted hours of operation are from 5:30 AM to 7:30 PM,
seven (7) days a week. Access to the site (including work vehicles entering and leaving
the site) shall be allowed, as necessary, 24 hours a day, 7 days a week.
3. 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.
4. A maximum of twenty (20) full-time, on-site employees shall be associated with this
operation, according to the application materials. This limit does not apply to employees
who work offsite and access the site to pick up and drop off vehicles and equipment.
5. The landscaping/screening on the site shall be maintained. Weeds and vegetation shall
in a manner to not become a nuisance to neighbors.
be maintainedhbors.9
6. 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.
7. 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.
8. 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 1, of the Weld
County Code.
9. Fugitive dust and fugitive particulate emissions should be controlled on this site. Uses on
the property should comply with the Colorado Air Quality Commission's Air Quality
Regulations.
10. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone District, as delineated in Section 14-9-30 of the Weld County Code.
11. Processed 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.
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12. 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.
13. Adequate drinking, hand washing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. As employees or contractors are on-site for less than
two (2) consecutive hours a day, 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.
14. Sewage disposal for the facility shall be by septic system. Any septic system located on
the property must comply with all provisions of the Weld County Code, pertaining to
On-site Wastewater Treatment System (O.W.T.S.).
15. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
The facility shall utilize the existing public water supply.
16. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
17. 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.
18. 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.
19. The historical flow patterns and runoff amounts will be maintained on the site.
20. Weld County is not responsible for the maintenance of on-site drainage related features.
21. This site is located in a State Designated, Municipal Separate Storm Sewer System (MS4)
Area which may trigger specific water quality requirements or other drainage
improvements if the lot develops further.
22. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
23. The temporary Colorado Department of Transportation (CDOT) Access Permit will expire
at the end of the current three-year lease. A new CDOT Access Permit will be required
after expiration of the current lease.
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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 2011 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.
25. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
26. 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.
27. 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.
28. 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.
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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