HomeMy WebLinkAbout20150963.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0083, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (PROPANE LOADOUT FACILITY) 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 IN THE A (AGRICULTURAL) ZONE DISTRICT -
AGFINITY, 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 15th day
of April, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Agfinity, Inc., 260 Factory Road, Eaton, CO 80615, for a Site Specific
Development Plan and Use by Special Review Permit, USR14-0083, for a Use permitted as a
Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone
Districts (propane loadout facility) 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 in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
Lot A of Recorded Exemption, RECX14-0104;
being part of the NE1/4 or Section 9, Township 6
North, Range 63 West of the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing, the applicant was present, 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 23-2-230.6.1. -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
Section 22-2-20.G (A.Goal 7) states: "County land use regulations should
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protect the individual property owner's right to request a land use
change." and 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 compatible with the
region."The applicant is proposing to construct a loadout facility to deliver
propane to the rural farm community in the area. Two (2) 30,000-gallon
propane tanks (bullet tanks) will be placed on a four (4) acre parcel. The
facility will have security fencing around the valves and pumps, and
barricades to protect the tanks. Night lighting is being proposed. Two (2)
bobtail trucks will access the facility two or three times a day during the
cold season. This is an unmanned facility with no buildings proposed.
The transport trucks delivering bulk propane to the bullet tanks have 24/7
access to the site. These transport trucks will deliver to the location once
or twice a week during home heating season. The hours of operation for
the loadout of propane are proposed to be 7:00 a.m. — 7:00 p.m., Monday
thru Friday, and 24/7 if there is an emergency. Staff is requesting that the
Lighting Plan be shown on the USR map.
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.S allows for a Site
Specific Development Plan and Use by Special Review Permit for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in
the Commercial or Industrial Zone Districts (propane loadout facility)
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 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 adjacent
properties are mainly utilized for pastures, crops, and rural residences.
The closest residence is about 900 feet south of the site and on the east
side of County Road (CR) 67. There are three (3) USRs located within
one (1) mile of this parcel. USR-1727 is for a private commercial
recreational facility and is located about one-half mile to the west.
Amended USR-227 is for a 3,000-head feedlot for cattle and sheep and is
located about a mile north of the site. USR12-0052 is for a non-1041
Major Facility of a public utility and is located along CR 67 adjacent to the
site. The Weld County Department of Planning Services has received one
(1) letter of concern and has received two (2) phone calls from
surrounding property owners inquiring about the intensity of the use and
the amount of traffic. The Conditions of Approval and the Development
Standards for this proposal will assist in mitigating the impacts of the
facility on the adjacent properties and ensure compatibility with
surrounding land uses.
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
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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 a three (3) mile referral area
of any municipality, nor is it located within any existing Intergovernmental
Agreement (IGA) Area of a municipality.
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.B.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The proposed USR is on approximately four (4) acres of
land designated as "Prime if they become Irrigated," per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The
proposed USR will not take any Prime (Irrigated) Farmland out of
production.
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 Agfinity, Inc., for a Site Specific Development
Plan and Use by Special Review Permit, USR14-0083, for a Use permitted as a Use by Right,
Accessory Use or Use by Special Review in the Commercial or Industrial Zone Districts
(propane loadout facility) 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 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 plat:
A. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR14-0083.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) The lighting shall be shown on the map.
5) CR 67 is a gravel road and is designated on the Weld County
Road Classification Plan as a local road, which requires 60 feet of
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right-of-way at full buildout. The applicant shall verify and
delineate on the plat the future and existing right-of-way and the
documents creating the 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
6) The applicant shall show the approved access on the plat and
label with the approved Access Permit Number (AP15-00045).
7) The applicant shall show the accepted water quality feature on the
map with volume and label as "Water Quality Feature, No-Build or
Storage Area."
8) The applicant shall show and label the drainage flow arrows,
access turning radii, and traffic circulation on the map.
9) The applicant shall show any proposed gate a minimum of 100
feet from the edge of the shoulder.
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.
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.
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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. The applicant
shall contact the Department of Planning Services for application
information.
6. Prior to Operation:
A. Construction of the approved access and/or tracking control
improvements is required prior to operation.
B. The applicant shall develop an Emergency Action and Safety Plan with
the Office of Emergency Management (OEM) and the Fire District. The
plan shall be reviewed on an annual basis by the Facility operator, the
Fire District and the Weld County Office of Emergency Management. The
applicant shall submit evidence of acceptance to the Department of
Planning Services.
7. 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 15th day of April, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
/ &a1rkmeyfr"Y
WELD COUNTY, CO RADO
ATTEST: dayidiv ( , , / ;�
Weld County Clerk to the Board
Mike Freeman, Pro-Tem
B L.,l��_�_ \_11'►�r.\� . _ice +�
De D Clerk to he Boar. I . / a EXCUSED
can P. Conway (A.)
APPROVE S TO FOR : 361 �� 1/41���� '
lie A. Cozad
County Attorney
Date of signature:
Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
AGFINITY, INC.
USR74-0083
1. A Site Specific Development Plan and Use by Special Review Permit, USR14-0083, is
for a Use permitted as a Use by Right, Accessory Use or Use by Special Review in the
Commercial or Industrial Zone Districts (propane loadout facility) 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 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. This is an unmanned facility, as stated by the applicant.
4. 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.
5. The property owner or operator shall provide written evidence of an approved
Emergency Action and Safety Plan on or before March 15th of any given year signed by
representatives for the Fire District and the Weld County Office of Emergency
Management to the Department of Planning Services
6. 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.
7. The historical flow patterns and runoff amounts will be maintained on the site.
8. Weld County is not responsible for the maintenance of on-site drainage related features.
9. There shall be no parking or staging of vehicles on County roads. On-site parking shall
be utilized.
10. 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.
11. 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.
12. 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.
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13. The applicant shall comply with all provisions of the Liquefied Petroleum Gas
Regulations (7 ccr 1101-15), as applicable.
14. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
15. 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.
16. Adequate drinking, handwashing 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.
17. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
18. 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.
19. 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.
20. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
21. 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.
22. 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
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are permitted. Any other changes shall be filed in the office of the Department of
Planning Services.
23. 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.
24. 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 plat and recognized at all times.
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