HomeMy WebLinkAbout20142521.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0029, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES,
INCLUDING OIL AND GAS SUPPORT AND SERVICE FACILITIES (COMMERCIAL
TRUCKING AND REGIONAL SUPPLY YARD INCLUDING EQUIPMENT STORAGE,
SHOP AND EMPLOYEE PARKING) AND USES SIMILAR TO THE USES LISTED IN
SECTION 23-340 AS USES BY SPECIAL REVIEW, AS LONG AS THE USE
COMPLIES WITH THE GENERAL INTENT OF THE A (AGRICULTURAL) ZONE
DISTRICT, INCLUDING ENERGY INDUSTRY REGIONAL STORAGE YARD FOR
EQUIPMENT RELATED TO SOLAR AND WIND POWER PROVIDERS IN THE
A (AGRICULTURAL) ZONE DISTRICT- LUNDVALL ENERGY PARK, 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 20th day
of August, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Lundvall Energy Park, LLC, c/o Steve Lundvall, 3207 83rd Avenue,
Greeley, Colorado, 80634, for a Site Specific Development Plan and Use by Special Review
Permit, USR14-0029, for Mineral Resource Development Facilities, including Oil and Gas
Support and Service Facilities (commercial trucking and regional supply yard including
equipment storage, shop and employee parking) and Uses similar to the Uses listed in
Section 23-3-40 as Uses by Special Review, as long as the Use complies with the general intent
of the A (Agricultural) Zone District, including energy industry regional storage yard for
equipment related to solar and wind power providers in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
Lots A and B of Recorded Exemption,
RECX13-0080; being part of the E1/2 SW1/4 of
Section 10, Township 4 North, and Range 66 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.
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-$ - 14 2014-2521
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SPECIAL REVIEW PERMIT (USR14-0029) — LUNDVALL ENERGY PARK, 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 22-2-20.G (A.Goal 7) states: "County land use regulations
should protect the individual property owner's right to request a
land use change."
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 that can support such development, and should attempt
to be compatible with the region." The applicant is requesting a
Use by Special Review (USR) Permit for a Commercial Trucking
and Regional Supply Yard for the Energy Industry in the
A (Agricultural) Zone District. The applicant believes this use
would be highly compatible with the surrounding region. The
applicant's goal is to support the Energy Industry by providing a
central location where materials such as iron, steel and wood can
be adequately stored in a location within close proximity to
transportation networks and developing areas. This proposed
plan, 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 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-40.A.2 allows for a Site Specific Development Plan
and Use by Special Review Permit for Mineral Resource
Development Facilities, including Oil and Gas Support and
Service Facilities (commercial trucking and regional supply yard
including equipment storage, shop and employee parking) and
uses similar to the uses listed in Section 23-3-40 as Uses by
Special Review as long as the Use complies with the general
intent of the A (Agricultural) Zone District, including energy
industry regional storage yard for equipment related to solar and
wind power providers 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 site is located
approximately 1.6 miles west of U.S. Highway 85, south of LaSalle, and
north of Gilcrest. The adjacent properties are mainly utilized for crops,
pastures, and rural residences. Public Service Company of Colorado has
a small substation located approximately 1,000 feet to the west and just
beyond Five Rivers Cattle Feedlot, which is located 1,300 feet to the
west. The nearest residence is within 200 feet of the property line and is
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SPECIAL REVIEW PERMIT (USR14-0029) —LUNDVALL ENERGY PARK, LLC
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located directly south of the southeast corner of the property on the south
side of County Road (CR) 46. There is also a residence located
approximately 1,300 feet to the east, located north and adjacent to
CR 46. There are two (2) USRs located within one (1) mile of this parcel.
AMUSR-1268 is for a Guest Farm and is located to the south. SUP-252 is
for a Waste Recycling Facility to the southwest. SUP-21 is for a Feedlot
to the west and USR-732 is for a Substation to the northwest. Just
beyond the one (1) mile is USR-1354, which is for a gravel mining and
batch plant. All adjacent properties are well screened by the existing berm
located around the perimeter of the property. The Weld County
Department of Planning Services has not received any letters, emails,
phone calls or other correspondence regarding the application.
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 and LaSalle and the City of Evans. The Town of
Gilcrest, in the referral dated June 10, 2014, and the Town of LaSalle, in
the referral dated June 25, 2014, indicated that they have no concerns.
The City of Evans did not respond.
E. Section 23-2-230.6.5 -- 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 80 acres
designated as "Irrigated Land Non-Prime," per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map. Historically, it appears
that the 80-acre site has been cropland; however, aerial photography
shows a transition from cropland to the current site condition occurring
sometime between the years 2010 and 2012.
G. Section 23-2-230.B.7 -- There is adequate provision for the protection of
the health, safety, and welfare of the inhabitants of the neighborhood and
County. Based on site inspections and review of the application materials,
staff supports the applicant's request that the existing berm be considered
to meet screening/landscaping and noise mitigation, the sand based
gravel and concrete drive for dust control and the concrete drive be
considered to meet tracking control requirements. If future changes to the
site require the berm to be changed the applicant may be required to
provide evidence that measures to ensure screening, dust control and
noise mitigation are intact. Together with the above improvements, the
Design Standards (Section 23-2-240, Weld County Code), Operation
Standards (Section 23-2-250, Weld County Code), Conditions of Approval
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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 Lundvall Energy Park, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR14-0029, for Mineral Resource
Development Facilities, including Oil and Gas Support and Service Facilities (commercial
trucking and regional supply yard including equipment storage, shop and employee parking)
and uses similar to the uses listed in Section 23-3-40, as Uses by Special Review, as long as
the Use complies with the general intent of the A (Agricultural) Zone District, including energy
industry regional storage yard for equipment related to solar and wind power providers) 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. 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.
B. A maintenance plan for the berm to ensure structural stabilization and
control erosion shall be provided.
C. A Change of Use Application from Agricultural to Commercial for the
existing Quonset, including code analysis, floor plan and As-Built
Agreement Certification application, must be submitted to the Weld
County Department of Building Inspection.
D. The applicant shall submit a Lighting Plan to the Department of Planning
Services, for review and approval.
E. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR14-0029.
2) The attached Development Standards.
3) The plat shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) The plat 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 Lighting Plan.
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6) The approved Landscape/Screening Plan.
7) The applicant shall show and label standard tracking control and
standard access turning radius for access onto publically
maintained roads.
8) The applicant shall specifically indicate the type of right-of-way/
easement on the plat and indicate whether it is dedicated, private,
or deeded.
9) CR 46 is designated on the Weld County Road Classification Plan
as a paved Collector road, which requires 80 feet of right-of-way
at full buildout. 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. All setbacks shall be measured from
the edge of future right-of-way. If the right-of-way cannot be
verified, it shall be dedicated. This road is maintained by Weld
County.
10) The applicant shall show and label the water quality
features/depressions.
11) The applicant shall show how historical flow patterns will be
maintained through the berm.
12) The applicant shall show the approved access on the map and
label with the approved access permit number AP13-00297.
Previous access permit AP10-00138 is to be closed as a condition
of AP13-00297.
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 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.
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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.
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 or
the applicant has been approved for an early release agreement. The applicant
shall show and label standard tracking control onto publically maintained
roadways on the map.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of August, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO 7
ATTEST: W C� , ,./ ;i L cm a tAnei A —
�C[fo ouglas ademacher, R Chair
Weld County Clerk to the Boar.
XCUSED
rbara Kirkmeyer, Pro-Tem
B -
Deg Ry Clerk to he Boa
an P. Conway
AP VE ORM: I
ZaFre!ciaT
e
unty Attorney
.
Date of signature: Q
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LUNDVALL ENERGY PARK, LLC
USR14-0029
1. The Site Specific Development Plan and Use by Special Review Permit, USR14-0029, is
for Mineral Resource Development Facilities, including Oil and Gas Support and Service
Facilities (commercial trucking and regional supply yard including equipment storage,
shop and employee parking) and uses similar to the uses listed in Section 23-3-40, as
Uses by Special Review, as long as the Use complies with the general intent of the
A (Agricultural) Zone District, including energy industry regional storage yard for
equipment related to solar and wind power providers in the A (Agricultural) Zone District.
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.
4. No employee or patron will be on-site for more than two (2) consecutive hours.
5. The screening and landscaping on the site shall be maintained in accordance with the
approved Screening\Landscaping Plan.
6. The lighting on the site shall be maintained in accordance with the approved Lighting
Plan.
7. 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.
8. The historical flow patterns and runoff amounts will be maintained on the site.
9. Weld County is not responsible for the maintenance of on-site drainage related features.
10. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
11. 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.
12. 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.
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13. 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 approved Waste Handling
Plan, at all times.
14. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall be operated 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
Non-Specified Zone, 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. 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 (WCDPHE). 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.
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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
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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