HomeMy WebLinkAbout20151863.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0068, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (TRUCKING AND TRUCK REPAIR, ALONG WITH
OUTSIDE EQUIPMENT, VEHICLE STORAGE AND STAGING, AND MATERIALS
ASSOCIATED WITH THE CONSTRUCTION BUSINESS) 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 MINERAL RESOURCE DEVELOPMENT
FACILITIES, INCLUDING OIL AND GAS SUPPORT AND SERVICE (STORAGE OF
CLEAN EMPTY FRAC TANKS) IN THE A (AGRICULTURAL) ZONE DISTRICT -
LASALLE RENTAL PROPERTY ONE, LLC, C/O HERSCHEL HOLLOWAY
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 6th day of
May, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of LaSalle Rental Property One, LLC, c/o Herschel Holloway, 37565 CR 69,
Briggsdale, CO 80611, for a Site Specific Development Plan and Use by Special Review Permit,
USR14-0068, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone Districts (trucking and truck repair, along with outside
equipment, vehicle storage and staging, and materials associated with the construction business)
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 Mineral Resource
Development Facilities, including Oil and Gas Support and Service (storage of clean empty frac
tanks) in the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
Lot C of Recorded Exemption, RECX15-0064; being
part of the S1/2 SW1/4 of Section 5, Township 4
North, Range 65 and the NW1/4 of Section 8,
Township 4 North, Range 65 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, the Board heard all of the testimony and statements of those present and
reviewed the request of the applicant and, having been fully informed, deemed it advisable to
continue the matter to July 1, 2015, at 10:00 a.m., to allow LaSalle Rental Property One, LLC, c/o
Herschel Holloway, adequate time to address issues with a commercial access across the
Western Mutual Ditch onto lands owned by the applicant and to have a hearing before the
Planning Commission, which has been continued to June 16, 2015, and
WHEREAS, July 1, 2015, the applicant was present and was 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
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SPECIAL REVIEW PERMIT (USR14-0068) - LASALLE RENTAL PROPERTY ONE, LLC, C/O
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WHEREAS, County the Board of Commissioners heard all of the testimony
nY 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.B.2 (A.Policy 2.2) states: `Allow commercial and
industrial uses, which are directly related to, or dependent upon
agriculture, to locate within agricultural areas when the impact to
surrounding properties is minimal or mitigated and where adequate
services and infrastructure are currently available or reasonably
obtainable. These commercial and industrial uses should be
encouraged to locate in areas that minimize the removal of
agricultural land from production."The Trucking Company base of
operations, trucking and truck repair shop, along with storage of
clean empty frac tanks, will be screened from adjacent property
and public rights-of-way by an opaque fence.
2) Section 22-2-100.E (C.Goal 5) states: "Minimize the
incompatibilities that occur between commercial uses and
surrounding properties." The facility is a located on approximately
seven (7) acres defined by the Western Mutual Ditch to the west
and adjacent agriculture land to the north, east and south. The
existing 40-foot by 60-foot shop is located near the middle of the
site and will be used for storage of equipment and materials for the
maintenance of equipment and vehicles. The proposal also
identifies outside parking of frac tanks and trailers, stockpiles of
construction materials, including soil, and parking of employee
vehicles, all areas will be required to be screened from adjacent
property and public rights-of-way. The Department of Planning
Services requires a Screening Plan to screen outdoor
storage/staging of vehicles; a Parking Plan to address parking
location on the property and to mitigate the impacts of noise and
exhaust onto neighboring properties; a Site Circulation Plan,
including evidence that two-way traffic is possible at the bridge
crossing the Western Mutual Ditch; and, Development Standard
#19 addresses sources of lighting on-site oriented downward and
away from neighboring properties.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
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1) 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 (trucking and truck repair,
along with outside equipment, vehicle storage and staging, and
storage of materials associated with the construction business)
provided that the property is not a lot in an approved or recorded
subdivision map or part of a map or plan filed prior to adoption of
any regulations controlling subdivisions.
2) Section 23-3-40.A.2 of the Weld County Code provides for Mineral
Resource Development Facilities, Oil and Gas Support and Service
(storage of clean empty frac tanks) as a Use by Special Review 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 surrounding properties are
generally large parcel agricultural lots with single family residences. To the
north, east, and south are large agricultural parcels and to the west are
several recorded exemption parcels with improvements. There are
three (3) property owners on seven (7) parcels within 500 feet of this
proposed facility. Approximately 295 feet from the west property line, there
are two (2) properties with residential improvements, and approximately
385 feet from the north property line is a property with residential
improvements. The Department of Planning Services did not directly
receive correspondence or inquiries from interested persons or adjacent
landowners; however, the Director of Planning Services corresponded with
an adjacent property owner who indicated the trucking operation across the
road from their residence operated 24 hours a day, seven days a week
without an approved Land Use Permit. The Western Mutual Ditch is
adjacent to this site on the west and bisects the property north of the
building. In the referral, dated February 2, 2015, representatives for the
Ditch Company indicated no opposition to the proposed development as
no contact had been made between the applicant and the Ditch Company.
However, a letter dated April 9, 2015, from Lawrence Jones Custer
Grasmick, LLP, Attorneys at Law, and legal counsel for the Western Mutual
Ditch Company, states that the Western Mutual Ditch Company is in the
process of negotiating a crossing agreement with LaSalle Rental Property
One, LLC, for the use of an existing bridge located on the section line at
the S1/2 of the SW1/4 of Section 5, Township 4, Range 65 West. The
terms of the agreement continue to be negotiated.
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
and the Town of LaSalle. The City of Evans did not return a referral
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response and the Town of LaSalle in the referral dated January 27, 2015,
requested that the trucks associated with this business not utilize Main
Street and First Avenue within the Town's Corporate Limits.
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 existing
site is not located within the Floodplain, Airport or Geologic Hazard areas.
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 seven (7) acres
designated "Prime," per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The parcel is encumbered by the Western
Mutual Ditch to the west and north and County Road (CR) 39, a collector
roadway. The oddly shaped parcel created by the Recorded Exemption
would not be conducive to agricultural practices and there is no irrigation
water associated with this 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 LaSalle Rental Property One, LLC, c/o Herschel
Holloway, for a Site Specific Development Plan and Use by Special Review Permit, USR14-0068,
for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (trucking and truck repair, along with outside equipment,
vehicle storage and staging, and materials associated with the construction business) 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 Mineral Resource
Development Facilities, including Oil and Gas Support and Service (storage of clean empty frac
tanks) 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 Map shall be amended to delineate the following:
1) All sheets of the USR Map shall be labeled USR14-0068.
2) The USR Map shall be prepared per Section 23-2-260.D of the
Weld County Code.
3) The attached Development Standards.
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4) CR 39 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 map the future and
existing right-of-way. If the existing right-of-way cannot be verified,
it shall be dedicated. All setbacks shall be measured from the edge
of future right-of-way. This road is maintained by Weld County.
5) Show and label the approved access(es) and Permit Number
(AP 15-00213).
6) The existing access approximately 385 feet south of CR 48 section
line shall be closed and existing bridge to th eproperty be removed
on or before August 30, 2015.
7) Show and label standard tracking control onto publically maintained
roadways on the map. Standard tracking control for accesses onto
paved roads includes either 300 feet of pavement on-site or
100 feet of pavement, plus double cattle guards.
8) Show the accepted thirty (30) foot wide joint access and utility
easement extending across Lot A of RECX-0063 and the Western
Mutual Ditch for the benefit of Lot B of RECX15-0063; for the benefit
of Lot C and Lot D of RECX15-0064, and Lot D of RECX15-0065,
and for ongoing oil and gas activities.
9) Show the accepted water quality feature on the map and label as
(Water Quality Feature, No-Build or Storage Area), as well as the
design volume.
10) Show and label the drainage flow arrows, types and locations of
driving surfaces, and turning radii.
11) Show the circulation patterns, including turning movements
demonstrating that trucks and trailers and frac tanker trucks are
able to maneuver successfully on-site and at the point of ingress
and egress.
12) Show the on-site parking areas, include the dimensions of the
drives and delineate the parking spaces.
13) Delineate the opaque fencing on-site to address the parking and
storage areas associated with the facility. Section 23-2-250.A.4.a
of the Weld County Code states areas shall be screened from
adjacent properties and public rights-of-way.
14) Show the facility sign on the USR map. Signs shall be in compliance
with Chapter 23, Article IV, Division II and Appendices 23-C, 23-D
and 23-E of the Weld County Code.
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B. The applicant shall attempt to address the concerns of the Town of
LaSalle, specific to truck traffic through Town, as stated in the referral
response dated January 27, 2015. Evidence of such shall be submitted, in
writing, to the Weld County Department of Planning Services.
C. The applicant shall submit evidence of a recorded crossing agreement
between the Western Mutual Ditch Company and LaSalle Rental Property
One, LLC.
D. An Improvements and Road Maintenance Agreement is required for off-site
improvements at this site. Road maintenance including dust control,
damage repair, specified haul routes and future triggers for improvements,
will be included. Written evidence of such shall be submitted to the Weld
County Department of Planning Services.
E. A Change of Use Building Permit will be required to change the Ag-exempt
structure to a commercial structure that is used for the business. Handicap
accessible bathrooms are required for all patrons and guest for the
business.
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 prior to the start of construction. Contact the Planning
Department for application information.
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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 1st day of July, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO ADO
ATTEST: C rahAi &C �
CC1!Z�W B ar(a Kirkmeyer, Chair
Weld County Clerk to the Board '�14 u��¢,•
Mike Freeman, Pro-Tern
BY:
Depute Clerk to the Board
ean P. Con ay
OAPPROV D AS TO FO: �7� � / C/
""` ""�► ie Cozad
County Attorney
Steve Moreno
Date of signature: - p
2015-1863
PL2337
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LASALLE RENTAL PROPERTY ONE, LLC, C/O HERSCHEL HOLLOWAY
USR14-0068
1. The Site Specific Development Plan and Use by Special Use Permit, USR14-0068, is for
any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (trucking and truck repair shop, along with outside
equipment, vehicle storage and staging; and storage of materials associated with the
construction business), provided that the property is not a lot in an approved or recorded
subdivision map orpart of a or plan filed prior to adoption of any regulations
map
controlling subdivisions, and Mineral Resource Development Facilities, including Oil and
Gas Support and Service (storage of clean empty frac tanks) 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 twenty-four (24) hours a day, seven (7) days a week, as stated
by the applicant(s).
4. The number of employees is restricted to 25 persons, as stated by the applicant(s).
5. 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.
6. 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.
7. 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 the accepted Waste Handling
Plan. The applicant shall operate in accordance with Chapter 14, Article 1 of the Weld
County Code.
8. 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.
9. 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.
10. Sewage disposal 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 Systems.
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11. Adequate drinking, handwashing, and toilet facilities shall be provided for employees and
patrons of the facility, at all times. A permanent, adequate water supply shall be provided
for drinking and sanitary purposes.
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. 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.
14. 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.
15. The applicant shall comply with all provisions of the State Underground and Above Ground
Storage Tank Regulations.
16. Only clean, empty, frac tanks shall be stored on-site.
17. The applicant shall remove, handle, and stockpile fill dirt in a manner that will prevent
nuisance conditions.
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 shall attempt to limit truck vehicle lighting on adjacent properties.
21. The screening, circulation and parking on the site shall be maintained.
22. Signs shall be in compliance with Chapter 23, Article IV, Division II and Appendices 23-C,
23-D and 23-E of the Weld County Code.
23. 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.
24. The historical flow patterns and runoff amounts will be maintained on the site.
25. Weld County is not responsible for the maintenance of on-site drainage related features.
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26. There shall be no parking or staging of vehicles on County roads. On-site parking shall be
utilized.
27. 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.
28. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
29. 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.
30. 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.
31. 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.
32. 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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