HomeMy WebLinkAbout20140847.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0058, FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY
(PARKING FOR EMPLOYEE VEHICLES AND COMMERCIAL TRUCKS AND A 7,200
SQUARE-FOOT SHOP/OFFICE) IN THE A (AGRICULTURAL) ZONE DISTRICT -
JOSE NIETO
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 March, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Jose Nieto, 2620 Hawk Drive, Evans, CO 80620, for a Site Specific
Development Plan and Use by Special Review Permit, USR13-0058, for an Oil and Gas
Support and Service Facility (parking for employee vehicles and commercial trucks and a 7,200
square-foot shop/office) in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
Lot A of Corrected Recorded Exemption,
CORR RE-3089, being part of the S1/2 SE1/4 of
Section 33, Township 5 North, Range 65 West of
the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present, assisted by Jessica Garcia, 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 22-6-20.A (ECON.Goal 1) states: "Encourage the
expansion of existing businesses and the location of new
industries that will provide employment opportunities in the
County" The application materials state that there will be 23
employees: 20 drivers, two (2) mechanics and one (1) secretary.
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2) Section 22-2-20.G (A.Goal 7) states: "County land use regulations
should protect the individual property owner's right to request a
land use change."
3) 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 an
oilfield business that includes a parking area for employee
vehicles and commercial trucks and a 7,200 square-foot
shop/office. The USR will encompass only three and one-half
(3.5) acres in the northwest corner of a ten (10) acre parcel. The
applicant is not proposing any landscaping. There is an existing
fence surrounding the property on the north, south and west and
most of the east. The site is set back from County Road (CR) 50
and effectively screened by USR-1454 (oil and gas support and
service and an industrial machine shop). The application materials
show adequate parking spaces. The site appears to have
adequate screening and staff is requesting a Lighting Plan. The
Conditions of Approval and 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.
B. Section 23-2-230.8.2. -- 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 for a Site Specific Development Plan and Use by Special
Review Permit for an Oil and Gas Support and Service Facility (parking
for employee vehicles and commercial trucks and a 7,200 square-foot
shop/office) in the A (Agricultural) Zone District.
C. Section 23-2-230.8.3 -- 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 property to the south is utilized for oil and gas related business
(USR-1454) and the properties to the north, east, and west are cropland.
The closest residence is located south of CR 50, approximately 150 feet
south of the south property line. There are four (4) USRs located within
one mile of this parcel. USR-1454 is for Oil and Gas Support and Service
and an industrial machine shop is south of and adjacent to the site.
USR-1645 is for the parking of equipment and trucks and is northeast of
the site. USR-583 is for fertilizer storage and sales and is located
approximately three-quarters of a mile northwest of the site and USR-677
is for auto body repair and is located approximately one-half mile west of
the site. Staff has not received any correspondence from the surrounding
property owners that objects to this USR. The site appears to have
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adequate screening and staff is requesting a Lighting Plan. The
Conditions of Approval and 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 23-2-230.6.4 -- 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 City of Greeley, the City of Evans, and the Town of LaSalle. The City
of Greeley's referral, dated December 12, 2013, indicated no concerns.
The City of Evans and the Town of LaSalle did not respond with any
referral comments. The Town of LaSalle submitted a signed Notice of
Inquiry that indicated that the LaSalle did not wish to annex this site at
this time.
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 located on approximately seven (7)
acres "Prime (Irrigated)" and three (3) acres of "Irrigated Land, Not
Prime," per the 1979 Soil Conservation Service Important Farmlands of
Weld County Map. This USR will not take any acres of Prime (Irrigated)
Farmland out of production because the section of the site that is being
used for the USR is too small to farm.
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 Jose Nieto, for a Site Specific Development Plan
and Use by Special ecial Review Permit, USR13-0058, for an Oil and Gas Support and Service
pp
Facility (parking for employee vehicles and commercial trucks and a 7,200 square-foot
shop/office) in the A (Agricultural) Zone District, on the parcel of land described above be, and
hereby is, granted subject to the following conditions:
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1. Prior to recording the plat:
A. The applicant shall submit a Lighting Plan to the Department of Planning
Services, for review and approval. Any lighting poles and lamps shall
comply with Section 23-3-360.F. which states, in part, that, "any lighting
shall be designed, located, and operated in such a manner as to meet the
following standards: sources of light shall be shielded so that beams or
rays of light will not shine directly onto adjacent properties."
B. The applicant shall submit a Signage Plan to the Department of Planning
Services, for review and approval, if signage is desired. 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
C. In the event the applicant intends to utilize the existing septic system at
the home, for employee 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 systems'
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.
D. Alternatively to the above, a new septic system may be installed for
employee use. The septic system is required to be designed by a
Colorado registered professional engineer and shall be installed
according to the Weld County Individual Sewage Disposal System
(I.S.D.S.) Regulations.
E. The applicant shall submit evidence of an Underground Injection Control
(UIC) Class V Injection Well Permit from the Environmental Protection
Agency (EPA) for any large-capacity septic system (a septic system with
the capacity to serve 20 or more persons per day). Alternately, the
applicant may provide evidence from the EPA that they are not subject to
the EPA Class V requirements
F. The applicant shall submit documentation from the Central Weld County
Water District indicating that the existing water service is approved for
commercial use.
G. In the event washing of vehicles will occur on the site, the applicant shall
ensure that any vehicle washing area(s) shall capture all effluent and
prevent discharges from the washing of vehicles in accordance with the
Rules and Regulations of the Water Quality Control Commission, and the
EPA. Vehicle washing areas shall be designated on the plat.
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H. The applicant shall submit documentation that floor drain wastes from any
vehicle maintenance facility is captured in a watertight vault and hauled
off for proper disposal. The vault shall be designated on the plat.
The applicant shall submit a revised Waste Handling Plan, for approval,
to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. The plan shall include
disposal/recycling of tires, batteries and other scrap parts generated from
vehicle maintenance, including the names, telephone numbers and
addresses of the waste handlers and disposal/recycling facilities.
J. An Improvements Agreement and Road Maintenance Agreement is
required for this site. Road maintenance, including dust control, damage
repair, and triggers for improvements, will be included.
K. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0058.
2) The attached Development Standards.
3) The plat shall be prepared per 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. Areas used for storage or trash
collection shall be screened from adjacent properties and public
rights-of-way. These areas shall be designed and used in a
manner that will prevent trash from being scattered by wind or
animals.
5) The approved Screening Plan, as shown on the plat.
6) The approved Parking Plan, as shown on the plat.
7) The approved Signage Plan, if applicable.
8) The approved Lighting Plan.
9) CR 50 is designated on the Weld County Road Classification Plan
as a local paved road, which requires 60 feet of right-of-way at full
buildout. There is presently 60 feet of right-of-way. All setbacks
shall be measured from the edge of right-of-way. The applicant
shall verify the existing right-of-way and the documents creating
the right-of-way and this information shall be noted on the plat. If
the right-of-way cannot be verified, it shall be dedicated. This
road is maintained by Weld County.
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10) The applicant shall show the approved access on the plat and
label it with the approved access permit number (AP#, will be
provided).
11) The applicant shall plot the septic systems (existing and
proposed) on the plat, and the systems must be protected from
vehicle traffic.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version (.pdf), or three (3) paper copies, 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.
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. (Department of Planning Services)
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.
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 plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of March, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: daticti s Ellaw+r�.�✓
ègT Radem cher, Chair
Weld County Clerk to the Board
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a Kirkmeyer! Pro-Tem
BY:
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Depu Clerk to the Board i • I �,.= S
S . Conway
AP VED FORM: ��� ,�►�i�,f�
e Free ap
C ty Attorney
/ William F. Garcia
Date of signature: `7 /1.014
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JOSE NIETO
USR13-0058
1. A Site Specific Development Plan and Use by Special Review Permit, USR13-0058, is
for an Oil and Gas Support and Service Facility (parking for employee vehicles and
commercial trucks and a 7,200 square foot shop/office) 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 number of on-site employees shall commensurate with the number of persons
which the septic system may accommodate, in accordance with the requirements of the
Weld County Code, pertaining to Individual Sewage Disposal Systems (I.S.D.S.)
Regulations.
4. The parking on the site shall be maintained in accordance with the approved Parking
Plan.
5. The signage on the site shall be maintained in accordance with the approved Signage
Plan, if applicable.
6. The lighting on the site shall be maintained in accordance with the approved Lighting
Plan.
7. The screening on the site shall be maintained in accordance with the approved
Screening Plan.
8. The historical flow patterns and runoff amounts will be maintained on the site.
9. 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 Section 15-1-180 of the Weld County Code.
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. The facility shall operate in accordance with the approved Waste Handling
Plan, at all times.
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13. 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 (EPA).
14. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall operate in accordance with the approved Dust Abatement Plan, at all times.
15. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
16. 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 the 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. 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
Individual Sewage Disposal Systems.
18. The facility shall utilize the existing public water supply (Central Weld County District).
19. 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.
20. 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.
21. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
22. 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.
23. Building Permits maybe 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
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review. A Geotechnical Engineering Report performed by a Colorado registered
engineer shall be required or an Open Hole Inspection.
24. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
25. 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.
26. 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.
27. 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.
28. 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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