HomeMy WebLinkAbout20100107.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1720 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY (OIL AND
GAS STORAGE) IN THE A (AGRICULTURAL) ZONE DISTRICT - WILLIAM AND
VELERIA FABRIZIUS, C/O PETRO-CANADA RESOURCES (USA) 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 20th day
of January, 2010, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of William and Veleria Fabrizius, 61184 County Road 89, Grover,
Colorado 80729, c/o Petro-Canada Resources (USA) Inc., 999 18th Street, Suite 600, Denver,
Colorado 80202, for a Site Specific Development Plan and Use by Special Review
Permit#1720 for a Mineral Resource Development Facility (oil and gas storage) in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Located in the NW1/4 of a parcel described as all of
Section 28 (with the exception of a 10-acre parcel
in the SW1/4SW1/4 of Section 28), Township 11
North, Range 61 West of the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing, the applicant was represented by Carol Myers,
Petro-Canada Resources (USA) Inc., 999 18th Street, Suite 600, Denver, Colorado 80202, 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 23-2-230.8.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
Section 22-5-100.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 ...". The request is for a
Site Specific Development Plan and Use by Special Review Permit for a
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SPECIAL REVIEW PERMIT #1720 - WILLIAM AND VELERIA FABRIZIUS, CIO
PETRO-CANADA RESOURCES (USA) INC.
PAGE 2
Mineral Resource Development Facility (oil and gas storage) in the
A (Agricultural) Zone District. The applicants are in the process of
completing Recorded Exemption (RE-4917) to subdivide ten (10) acres.
The site will be used for the storage of old equipment related to oilfield
operations. The boneyard is utilized to maintain, repair, store, and
replace oil and gas related equipment, such as separators, tanks, pipe,
pumping units, etcetera.
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.A.1 of the Weld County
Code allows for a Site Specific Development Plan and Use by Special
Review Permit for a Mineral Resource and Development Facility (oil and
gas storage) in the A (Agricultural) Zone District.
c. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The surrounding
properties to the north, south, east, and west are zoned A (Agricultural).
The property is located with the three-mile referral area for the Town of
Grover. The Town of Grover indicated no conflicts with the proposed
development in the referral dated October 8, 2009. Therefore, given the
minimal impact of the proposed use (oil and gas storage), the use will be
compatible with the surrounding land uses. The Conditions of Approval
and Development Standards will ensure that the use will be compatible
with the existing 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
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 property is not located within an Intergovernmental
Agreement (IGA) area, but is within the three-mile referral area for the
Town of Grover. The Town of Grover indicated no conflicts with the
proposed development in the referral dated October 8, 2009. The
surrounding area is agricultural in nature and the Conditions of Approval
and Development Standards will ensure that the use will be compatible
with the existing surrounding land uses.
e. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The existing site is within the
County-Wide Road Impact Fee Area and Capital Expansion Impact Fee
Area. Effective January 1, 2003, building permits issued on the proposed
lots will be required to adhere to the fee structure of the County-Wide
Road Impact Fee Program. Effective August 1, 2005, building permits
issued on the subject site will be required to adhere to the fee structure of
the Capital Expansion Impact Fee and the Stormwater/Drainage Impact
Fee Programs.
2010-0107
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SPECIAL REVIEW PERMIT #1720 - WILLIAM AND VELERIA FABRIZIUS, CIO
PETRO-CANADA RESOURCES (USA) INC.
PAGE 3
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 subject site is classified as "Prime if they become
irrigated" and "Other," as delineated on the Important Farmlands of Weld
County map, dated 1979. The size of the parcel (10 acres) is too small to
be a viable farming operation.
g. Section 23-2-230.B.7 — There are adequate provisions for the protection
of the health, safety, and welfare of the inhabitants of the neighborhood
and County. The Design Standards (Section 23-2-240 of the Weld
County Code), Operation Standards (Section 23-2-250 of the Weld
County Code), Conditions of Approval, and Development Standards
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 William and Veleria Fabrizius, c/o Petro-Canada
Resources (USA) Inc., for a Site Specific Development Plan and Use by Special Review
Permit#1720 for a Mineral Resource Development Facility (oil and gas storage) in the
A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
1. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR-1720.
B. The attached Development Standards.
C. The plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code.
D. County Road 89 is classified by the County as a local gravel road, which
requires 60 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.
The plat shall delineate the existing right-of-way and the documents
which created it.
E. The access drive and circulation pattern within the fenced area shall be
surfaced with gravel, or the equivalent, and shall be graded to prevent
drainage problems.
F. The water quality feature shall be moved inside the USR boundary and
shall be labeled as "Water Quality Feature— No Build\Storage Area".
2010-0107
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SPECIAL REVIEW PERMIT #1720 - WILLIAM AND VELERIA FABRIZIUS, C/O
PETRO-CANADA RESOURCES (USA) INC.
PAGE 4
2. The applicant shall address the requirements and concerns of the Weld County
Department of Public Works, as stated in the referral response dated October 15,
2009. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
3. The applicant shall enter into a Private Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate collateral for all
transportation (access drive, parking areas, etcetera) and non-transportation
improvements (fencing, signage, etcetera). The agreement and form of collateral
shall be reviewed by County staff and accepted by the Board of County
Commissioners prior to recording the USR plat. Alternately, the applicant may
submit evidence that all of the work has been completed and accepted by the
Departments of Planning Services and Public Works.
4. The applicant shall finalize the Conditions of Approval for Recorded
Exemption #4917 (RE-4917), and submit an updated plat, for recording, to the
Weld County Department of Planning Services.
5. Upon completion of Conditions of Approval #1 through #4 above, the applicant
shall submit three (3) paper copies of the plat, for preliminary approval, to the
Weld County Department of Planning Services. Upon approval of the paper
copies, the applicant shall submit a Mylar plat, along with all other documentation
required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services.
The plat shall be prepared in accordance with the requirements of
Section 23-2-260.D of the Weld County Code. The Mylar plat and additional
requirements shall be submitted within thirty (30) days from the date of the Board
of County Commissioners Resolution. The applicant shall be responsible for
paying the recording fee.
6. In accordance with Weld County Code Ordinance #2005-7, approved June 1,
2005, should the plat not be recorded within the required thirty (30) 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.
7. 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.
8. 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.
2010-0107
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SPECIAL REVIEW PERMIT #1720 - WILLIAM AND VELERIA FABRIZIUS, CIO
PETRO-CANADA RESOURCES (USA) INC.
PAGE 5
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of January, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: y 7J \s,. c— aGO�Ln�L v
+l - Rademache , Chair
Weld County Clerk to the Bo 1f sei (' , _ y
(Ths�� ;� �' CCiAGc7 z a Z
j C r.ara Kirkmeyer, ro-Tem
Deput. Clerk o the =oard
4-- Sea i P. Con
APPROVED AS TO FORM: C
William F. Garcia
—empty ney EXCUSED
David E. Long
Date of signature: o</5/in
2010-0107
PL2040
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WILLIAM AND VELERIA FABRIZIUS
C/O PETRO-CANADA RESOURCES (USA) INC.
USR-1720
1. A Site Specific Development Plan and Use by Special Review Permit #1720 is for a
Mineral Resource and Development Facility (oil and gas storage) in the A (Agricultural)
Zone District and 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. 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 which protects against surface and groundwater contamination.
4. 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.
5. Waste materials shall be handled, stored, and disposed of in a manner which controls
fugitive dust, blowing debris, and other potential nuisance conditions.
6. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
7. 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.
8. This facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
9. 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.
10. Adequate drinking, hand washing, and toilet facilities shall be provided for personnel
utilizing the facility. The sanitary facilities located at the Grover field office shall be
available for use.
11. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
12. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
2010-0107
PL2040
DEVELOPMENT STANDARDS - WILLIAM AND VELERIA FABRIZIUS, C/O PETRO-CANADA
RESOURCES (USA) INC. (USR-1720)
PAGE 2
13. Effective January 1, 2003, building permits issued on the lot will be required to adhere to
the fee structure of the County-Wide Road Impact Fee Program.
14. Effective August 1, 2005, building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
15. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
16. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
17. 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.
18. Hours of operation for the facility shall be 24 hours per day, 7 days per week, 365 days
per year.
19. 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.
20. Weld County Government personnel 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 Development Standards stated herein and all applicable Weld County regulations.
21. 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.
22. 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.
23. 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.
2010-0107
PL2040
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