HomeMy WebLinkAbout20140725.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY
SPECIAL REVIEW PERMIT, USR13-0060 (FORMERLY KNOWN AS USR-1526),
(STORAGE OF LANDSCAPING MATERIALS AND EQUIPMENT, ALONG WITH
EMPLOYEE PARKING ASSOCIATED WITH A LANDSCAPING BUSINESS) TO
INCLUDE MINERAL RESOURCE DEVELOPMENT FACILITIES, INCLUDING OIL
AND GAS SUPPORT AND SERVICE FACILITIES (TRUCK PARKING,
MAINTENANCE, REPAIR AND OFFICE ASSOCIATED WITH A CRUDE OIL
TRANSPORTATION COMPANY) ALONG WITH AMENDING THE BOUNDARIES OF
USR-1526 TO ENCOMPASS THE ENTIRE AREA OF LOT B OF RE-3779, IN THE
A (AGRICULTURAL) ZONE DISTRICT-RODNEY AND KAREN STEELY
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 12th 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 Rodney and Karen Steely, 20749 State Highway 392, Greeley, CO
80631, for a Site Specific Development Plan and Amended Use by Special Review Permit,
USR13-0060 (formerly known as USR-1526), (storage of landscaping materials and equipment,
along with employee parking associated with a landscaping business) to include Mineral
Resource Development Facilities, including Oil and Gas Support and Service Facilities (truck
parking, maintenance, repair and office associated with a crude oil transportation company)
along with amending the boundaries of USR-1526 to encompass the entire area of Lot B of
RE-3779, in the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
Lot B of Recorded Exemption, RE-3779; being part
of the S1/2 of Section 16, Township 6 North,
Range 65 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:
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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.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."
2) Section 22-2-20.1 (A.Goal 9) states: "Reduce potential conflicts
between varying land uses in the conversion of traditional
agricultural lands to other land uses."
3) Section 22-2-20.1.3 (A.Policy 9.3) states: "Consider mitigation
techniques to address incompatibility issues. Encourage
techniques and incentives, such as, but not limited to, clustered
development and building envelopes, to minimize impacts on
surrounding agricultural land."
4) Section 22-2-100.A.2 (OG.Policy 1.2) states: "Oil and gas support
facilities, which do not rely on geology for locations, should locate
in commercial and industrial areas, when possible, and should be
subject to review in accordance with the appropriate sections of
this Code." Several Conditions of Approval and Development
Standards are proposed (including requiring submittal of a lighting
plan for review and approval and a Development Standard that
requires the facility to adhere to commercial noise limits, as
delineated in the Weld County Code) to ensure compatibility with
existing surrounding land uses. Per the application materials, the
applicant is proposing to install trees and shrubs along the
perimeter of the site.
B. Section 23-2-230.8.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-2-40.S of the Weld County
Code allows 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 any
regulations controlling subdivisions (for the landscaping business).
Section 23-3-40.A.2 of the Weld County Code allows oil and gas support
and service facilities as a Use by Special Review (for the truck
maintenance and repair facility associated with the crude hauling
business) 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 on
a 70-acre parcel. The existing landscaping business and proposed oil and
gas support business cover only approximately 10 acres of the site. The
remainder of the property is in crop (alfalfa) and a portion of the site to the
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north and east is located within the 100-year floodplain. The proposed oil
and gas support facility building and parking area will be located
approximately 1/4 mile north of State Highway 392 and approximately 1/4
to 1/2 mile to the northwest and west of the nearest three (3) single family
residences. There is an existing Use by Special Review Permit for an oil
and gas support facility (USR-1764 — parking and maintenance for a tank
service company) approximately 1/4 to 1/2 mile to the southeast of the
proposed facility and is also owned by Mr. and Mrs. Steely. Several
Conditions of Approval and Development Standards are proposed
(including requiring submittal of a Lighting Plan for review and approval
and a Development Standard that requires the facility to adhere to
Commercial noise limits, as delineated in the Weld County Code) to
ensure compatibility with existing surrounding land uses. Per the
application materials, the applicant is proposing to install trees and shrubs
along the perimeter of the site.
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 Greeley and Town of Eaton. The City of Greeley and the
Town of Eaton, in the referral comments dated December 31, 2013 and
December 18, 2013, respectively, indicated that they have no concerns.
E. Section 23-2-230.8.5 -- 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 facility is located on approximately 70.03
acres delineated as "Prime" per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. The existing landscape
business and proposed oil and gas support business operation areas
encompass 10 acres of the property. The remaining portion of the
property is either in agricultural production (with the exception of an
existing oil and gas well and tanks) or located within the floodplain.
G. Section 23-2-230.6.7 — 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.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Rodney and Karen Steely, for a Site Specific
Development Plan and Amended Use by Special Review Permit, USR13-0060 (formerly known
as USR-1526), (storage of landscaping materials and equipment, along with employee parking
associated with a landscaping business) to include Mineral Resource Development Facilities,
including Oil and Gas Support and Service Facilities (truck parking, maintenance, repair and
office associated with a crude oil transportation company) along with amending the boundaries
of USR-1526 to encompass the entire area of Lot B of RE-3779, 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 existing septic system for the landscape company facility,
Permit SP-0500412, 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.
B. The applicant shall submit evidence of an Underground Injection Control
(UIC) Class V Injection Well Permit from the Environmental Protection
Agency (EPA) for the existing 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.
C. A copy of the Commercial Pesticide Applicators License, from the
Colorado Department of Agriculture, shall be provided to the
Environmental Health Services Division of the Weld County Department
of Public Health and Environment.
D. The applicant shall address the requirements of the Colorado Department
of Transportation, as stated in the electronic mail referral dated
December 18, 2013. Written evidence of such shall be provided to the
Department of Planning Services.
E. The applicant shall provide a copy of an approved Colorado Department
of Transportation Access Permit to the Department of Public Works.
F. 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."
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G. 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.
H. An Improvements Agreement and Road Maintenance Agreement is
required for this site.
The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0060.
2) The attached Development Standards.
3) The plat 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. 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 applicant shall delineate on the plat a schematic of the
improvements on State Highway 392 adjacent to the entrance to
the facility. An eastbound to northbound left turn lane is required
per the Colorado Department of Transportation referral dated
December 18, 2013. The following note shall be added to the plat
drawing: "Traffic improvements at the intersection of State
Highway 392 and the site access shall be designed and installed
per CDOT standards. Permit and planning will be coordinated with
CDOT for this construction."
6) Designate the vault for the vehicle maintenance shop floor drains
on the plat.
7) Plot the existing septic system and proposed septic system on the
plat. The septic systems must be protected from vehicle traffic.
8) The Landscaping for the existing landscape business, approved
under USR-1526, shall be indicated.
9) The landscaping proposed for the Oil and Gas Support Business,
as stated by the applicant in the application questionnaire, shall be
indicated. The types of proposed trees and shrubs shall be
indicated.
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10) The approved Lighting Plan.
11) The approved Signage Plan.
12) Seventy-five (75) feet from the centerline of State Highway 392
shall be indicated as edge of future right-of-way.
13) The applicant shall show the approved Colorado Department of
Transportation (CDOT) access and label with the approved
access permit number.
14) The applicant shall show and label the floodplain and floodway
boundaries, if appliable. Label the floodplain boundaries with the
FEMA Flood Zone and FEMA Map Panel Number.
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.
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 Release of Building Permits:
A. An Individual Sewage Disposal System (I.S.D.S.) is required for the
proposed facility and shall be installed according to the Weld County
I.S.D.S. Regulations. The septic system is required to be designed by a
Colorado registered professional engineer, according to the Weld County
I.S.D.S. Regulations.
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B. 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.
C. The installation of the septic system shall comply with the Weld County
I.S.D.S. floodplain regulations. No septic system shall be installed within
the floodway. The applicant may contact the Weld County Department of
Public Works to verify flood plain versus floodway.
D. A Fire District notification letter will be required from the Eaton Fire
Protection District.
E. If more than one (1) acre is to be disturbed, a Weld County Grading
Permit will be required prior to the start of construction/grading and prior
to release of building permits.
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 above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of March, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COU Y, COLORADO
ATTEST: -�� ply
.x,Ctp.� Dougras Rademacher, Chair
Weld County Clerk to the Board �..�
"7 / EXCUSED
ix
Kirkmeyer, Pro-Tem
BY:
De Clerk to the Boa! I$6 •
an P. ConwayNit
APP D AS �RM: 4 \~ ��
Mike Fre
y Attorney
William F. Garcia
,/Date of signature: /•/•/4/
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RODNEY AND KAREN STEELY
USR13-0060
1. A Site Specific Development Plan and Amended Use by Special Review Permit,
USR13-0060 (formerly known as USR-1526), (storage of landscaping materials and
equipment, along with employee parking associated with a landscaping business) to
include Mineral Resource Development Facilities, including Oil and Gas Support and
Service Facilities (truck parking, maintenance, repair and office associated with a crude
oil transportation company) along with amending the boundaries of USR-1526 to
encompass the entire area of Lot B of RE-3779, in the A (Agricultural) Zone District, is
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 be 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 hours of operation are 24 hours a day, Monday — Sunday, as stated by the
applicant(s).
5. The parking on the site shall be maintained in accordance with the approved Parking
Plan.
6. The signage on the site shall be maintained in accordance with the approved Signage
Plan.
7. The lighting on the site shall be maintained in accordance with the approved Lighting
Plan.
8. The landscaping on the site shall be maintained in accordance with the approved
Landscape Plan.
9. 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.
10. 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.
11. 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.
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12. 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.
13. 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.
14. All pesticides, fertilizer, and other potentially hazardous chemicals must be handled in a
safe manner, in accordance with product labeling, and in a manner that minimizes the
release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). All
chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations.
15. The applicant shall comply with all provision of the Pesticide Applicators' Act, issued by
the Colorado Department of Agriculture, Division of Plant Industry.
16. Vehicle maintenance shop 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.
17. In the event vehicles will be washed on-site, the vehicle washing area(s) 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.
18. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
19. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
20. 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.
21. Any additional hydraulic load to an existing septic system will require an evaluation from
a Colorado registered professional engineer. The engineer's evaluation shall be
submitted to the Weld County Environmental Health Division of Public Health and
Environment. In the event the system is found to be inadequate, the system must be
brought into compliance with current Weld County Individual Sewage Disposal System
Regulations.
22. The facility shall utilize the existing public water supply (North Weld County Water
District).
23. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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24. 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.
25. Outdoor storage of landscaping equipment and materials shall be screened from
adjacent residences.
26. 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.
27. The historical flow patterns and runoff amounts will be maintained on the site.
28. The easement shall be graded and drained to provide an all-weather access.
29. WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY
DESIGNATION. Please be advised that owners of Lot B of RE-3779 may not be able to
obtain building permits to construct structures. All construction or improvements
occurring in the floodplain as delineated on Federal Emergency Management Agency
FIRM Community Panel Map #080266-0627C, dated September 28, 1982, shall comply
with all applicable Colorado Water Conservation Board requirements, as described in
Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations
and requirements as described in 44 CFR parts 59, 60, and 65.
30. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start
of any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified.
31. 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.
32. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
33. 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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34. 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.
35. 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.
36. 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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