HomeMy WebLinkAbout20152753.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0017, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (STORAGE AND SALES OF NEW AND USED OILFIELD EQUIPMENT,
PRIMARILY GAS/OIL SEPARATORS AND COMBUSTORS AND LIMITED
EQUIPMENT MAINTENANCE, PRIMARILY OIL/TIRE CHANGES AND MINOR
MECHANICAL MAINTENANCE) 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; TWO (2) WAREHOUSE/STORAGE BUILDINGS; TWO (2) MODULAR
OFFICES AND A 35-FOOT IN HEIGHT COMMUNICATION TOWER IN THE
A (AGRICULTURAL) ZONE DISTRICT-WPD STORAGE, 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 19th day of
August, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of WPD Storage, LLC, 7107 Reflection Drive, Erie, CO 80516, for a Site Specific
Development Plan and Use by Special Review Permit, USR15-0017, for a Use Permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (storage and sales of new and used oilfield equipment, primarily gas/oil separators and
combustors and limited equipment maintenance, primarily oil/tire changes and minor mechanical
maintenance) 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; two (2)
warehouse/storage buildings; two (2) modular offices and a 35-foot in height Communication
Tower in the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
Lot B of Recorded Exemption, RE-2689; being part
of the N1/2 SE1/4 of Section 32, 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 Ethan Watel,
Baseline Corporation, 1950 Ford Street, Golden, CO 80401, 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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SPECIAL REVIEW PERMIT (USR15-0017) -WPD STORAGE, LLC
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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.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 22-2-100.A (C.Goal 1) states: "Promote the location of
commercial uses within municipalities, County Urban Growth
Boundary areas, Intergovernmental Agreement urban growth
areas, growth management areas as defined in municipal
comprehensive plans, the Regional Urbanization Areas, Urban
Development Nodes or where adequate services are currently
available or reasonably obtainable." The property is located within
the Town of Gilcrest IGA, and in the Notice of Inquiry response
dated May 29, 2015, the Town states: "The Town of Gilcrest has no
conflict with this proposal and in not interested in annexation or a
pre-annexation agreement at this time. Although it may be in
conflict with the Comprehensive Plan, the Town does not have any
opposition to the development and recommends that the County go
forward with this application.'
2) 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
develo development, and should attempt to be
that can support such
ppp p
compatible with the region" The land that WPD Storage, LLC, is
proposing to convert to a commercial and industrial use is located
on non-irrigated agricultural land within one (1) mile of the Town of
Gilcrest. The proposed oilfield equipment sales and storage yard
is centrally located within the Wattenburg - DJ Basin where there is
a significant amount of oil and gas activity already occurring. There
is one (1) residence immediately adjacent to the proposed facility
that will be heavily buffered with plant material and distance from
the physical operations area associated with the facility.
Additionally there are four (4) residences located between 140 feet
and 1,200 feet from the proposed facility. Screening will be required
for the outdoor storage component associated with this use.
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
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any regulations controlling subdivisions, and Section 23-3-30.P for a
35-foot in height Communications Tower 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. Surrounding land uses are
predominately large tract irrigated agricultural fields, many having a center
pivot for irrigation and residences associated with these farms.
U.S. Highway 85 and the Union Pacific rail road corridor is immediately
adjacent to the eastern property line. There are several Special Use
Permits in the general area. To the east is a 10,000-head feedlot permitted
under USR-1197; to the north is a house moving business and storage yard
permitted under USR-1209; and approximately 0.5 mile to the east is the
A & W water supply and storage and production pipe and equipment
storage yard. No inquiries from surrounding property owners concerning
this land use application have been received. The Conditions of Approval
require a Screening Plan and the Development Standards will address the
on-site lighting.
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
the Towns of Gilcrest, Milliken and Platteville. The property is also located
within the Town of Gilcrest IGA with Weld County. In the Notice of Inquiry
response dated May 29, 2015, the Town states: "The Town of Gilcrest has
no conflict with this proposal and in not interested in annexation or a
pre-annexation agreement at this time. Although it may be in conflict with
the [Comprehensive] Plan, the Town does not have any opposition to the
development and recommends that the County go forward with this
application." The Town of Milliken, in the referral dated May 21, 2015,
indicated no concerns, and the Town of Platteville did not respond to the
request.
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 47 acres of"Prime
(Irrigated)" lands, per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The property historically held a center
pivot; however, at the time of this land use application, there is no irrigation
water associated with the property.
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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
pp County, Colorado, that the application of WPD Storage, LLC, for a Site Specific Development
Plan and Use by Special ecial Review Permit, USR15-0017, for any Use Permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (storage
and sales of new and used oilfield equipment, primarily gas/oil separators and combustors and
limited equipment maintenance, primarily oil/tire changes and minor mechanical maintenance)
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; two (2)
warehouse/storage buildings; two (2) modular offices and a 35-foot in height Communication
Tower 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. A revised drainage narrative and waiver request is required indicating
calculated imperviousness. An accepted Water Quality Feature drainage
design is required.
B. The map shall be amended to delineate the following:
1) All sheets of the Map shall be labeled USR15-0017.
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.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) The Colorado Department of Transportation (CDOT) has
jurisdiction over U.S. Highway 85. Please contact CDOT to verify
the existing right-of-way and future right-of-way associated with this
segment of U.S. Highway 85 between County Road (CR) 38 and
CR 40 and delineate the rights-of-way.
6) CR 38.5 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 the future
and existing right-of-way. If the existing right-of-way cannot be
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verified it shall be dedicated. All setbacks shall be measured from
the edge of right-of-way. This road is maintained by Weld County.
7) Show and label the approved access(es) and Access Permit
number, AP#15-00371.
8) Show and label the approved tracking control.
9) Show and label the approved detention or drainage pond, as
required.
10) Show and label drainage flow arrows, access turning radii (60 feet),
and parking and traffic circulation.
11) Show and label the entrance gate set back a minimum of 100 feet
from edge of shoulder.
12) Show and label approved buffering and landscaping to the north
and east, adjacent to U.S. Highway 85.
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
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 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. If more than one (1) acre is to be disturbed, a Weld County Grading
Permit will be required.
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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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of August, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, C LORADO
ATTEST: d.deth,t) - bduiAl.L
arbara Kirkmey r, Chair
Weld County Clerk to the Boar -�.• la
• is6i i Freeman, Pro-Tem
Dep ty Clerk to the Board \
OuHot an P. C nway
(1,e.
) ED
A FORM: P
u ie A. ozad
ounty Attorney EXCUSED
Steve Moreno
Date of signature: wisps
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WPD STORAGE, LLC
USR15-0017
1. The Site Specific Development Plan and Use by Special Use Permit, USR15-0017, is for
a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial
Zone Districts (storage and sales of new and used oilfield equipment, primarily gas/oil
separators and combustors and limited equipment maintenance, primarily oil/tire changes
and minor mechanical maintenance) 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; two (2) warehouse/storage buildings; two (2) modular
offices and a 35-foot in height Communication Tower 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 6:00 a.m. — 6:00 p.m., Monday — Saturday, as stated by the
applicant(s).
4. The parking, landscaping and screening on the site shall be maintained.
5. The number of employees shall be restricted to ten (10), as stated by the applicant.
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 1 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. This facility shall adhere to the maximum permissible noise levels allowed in the
Non-Specified Zone as delineated in Section 14-9-30 of the Weld County Code.
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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, 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.
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. The facility
shall utilize the existing public water supply.
14. The operation shall comply with all applicable rules and regulations of state and federal
and the Weld County y 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 site shall be maintained to mitigate any impacts to the public road including damages
and/or off-site tracking.
18. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
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. 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.
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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
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. 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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