HomeMy WebLinkAbout20062994.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Doug Ochsner,that the following resolution be introduced for approval by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1570
APPLICANT: Petro-Canada Resources (USA) Inc
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot C of RE-4205, being part of the NW4 and part N2 SW4 of Section 18, T4N,
R64W of the 6th P.M., Weld County, Colorado.
TYPE AND INTENSITY OF PROPOSED USE: Site Specific Development Plan and Special Review Permit
for a Mineral Resource Development Facility, including Oil and Gas Support and Service, including a pre-
manufactured office building in the (A)Agricultural Zone District.
LOCATION: South of and adjacent to CR 46; east of and adjacent to CR 49.
be recommended favorably to the Board of County Commissioners 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 Planning Commission that the applicant has shown compliance with
Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any
other applicable code provisions or ordinance in effect. Section 22-5-100.A.5
(OG.Policy 1.5. )states"Oil and gas support facilities decisions which do not rely on
geology for locations shall be subjected to review...." This proposal is for an office
for field personnel,storage of new and used miscellaneous equipment such as pipe,
tanks, separators and additional parking of vehicles associated with the office. The
proposed facility has been reviewed by the appropriate referral agencies and it has
been determined that the attached 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.
B. Section 23-2-220.A.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 provides
for Oil and Gas Support and Service as a Use by Special Review in the A
(Agricultural)Zone District.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the
existing surrounding land uses. The property is surrounded by agricultural fields in
crop production and oil and gas production facilities. USR-1517 for Petro-Canada
Resources, Inc., is immediately north of and adjacent to this site,with AmUSR-734
for Action Oil northwest of the site with rural residential properties in the general
vicinity. There are ten property owners within 500 hundred feet of this proposed
office and outdoor storage facility. Staff has not received any letters or telephone
calls from surrounding property owners.
D. Section 23-2-220.A.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 existing site does not lie within the three
mile referral area of any municipality.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld
County Code. The existing site is not within a recognized overlay district, including O
the Geologic Hazard, Flood Hazard. The site is located within the Greeley-Weld t
Airport Authority overlay district. Per the application materials, Michael Reisman, m
Airport Manager,indicated that the location does not warrant an Avigation Easement = M #'
or any other agreements. +111
2006-2994
Resolution USR-1570
Petro Canada
Page 2
Effective January 1, 2003, Building Permits issued on the proposed lots will be
required to adhere to the fee structure of the County Road Impact Program.
(Ordinance 2002-11).
Effective August 1, 2005, Building Permits issued on the proposed lots will be
required to adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
F. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use. This
proposed facility is located on lands described as fallow agricultural and pasture
land, and will not remove prime agricultural lands from production.
G. Section 23-2-220.A.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 ensure that there are adequate provisions for
the protection of health, safety, and welfare of the inhabitants of the neighborhood
and County.
This recommendation is based,in part,upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to Scheduling the Board of County Commissioners Hearing:
A. The applicant shall submit a Screening Plan for review and approval by the
Department of Planning Services, specifically addressing the visual impacts of a
outdoor storage of new and used miscellaneous equipment such as pipe, tanks,
separators and associated equipment and materials. (Department of Planning
Services)
2. Prior to recording the plat:
A. The plat shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
B. All sheets of the plat shall be labeled USR-1570 (Department of Planning Services)
C. The plat shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning Services)
2. County Road 46 is classified by the County as a local gravel road, which
requires 60 feet of right-of-way at full build out. The applicant shall verify the
existing right-of-way and the documents creating the right-of-way. If the right-of-
way can not be verified,it shall be dedicated.The plat shall delineate the existing
right-of-way and the documents which created it. (Department of Planning
Services)
3. County Road 49 is classified by the County as a arterial road,which requires 140
feet of right-of-way at full build out.The applicant shall verify the existing right-of-
way and the documents creating the right-of-way. If the right-of-way can not be
verified, it shall be dedicated. The plat shall delineate the existing right-of-way
and the documents which created it. (Department of Planning Services)
4. The access shall be placed in such a location to have adequate sight distance
in both directions and not below the crest of a hill or where physical obstructions
are present. This access road shall be delineated on the USR Plat.
(Department of Public Works)
Resolution USR-1570
Petro Canada
Page 3
5. The area utilized for outdoor storage of vehicles, equipment or materials shall
be screened from public rights-of-way and all adjacent properties with an
opaque fence. The fence location, including all man and vehicular gates shall
be delineated on the plat. (Department of Planning Services)
6. The plat shall delineate each parking space, and shall be equipped with wheel
guards or curb blocks when necessary to prevent vehicles from extending
beyond the boundary of the space and from coming into contact with other
vehicles, walls, fences or planting. (Department of Public Works)
D. The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health and
Environment. Written evidence of compliance shall be submitted to the Department
of Planning Services. (Department of Public Health and Environment)
E. The applicant shall contact the Department of Public Works, Stormwater Division to
verify any drainage requirements associated with the site. Written evidence of
approval /compliance shall be submitted to the Department of Planning Services.
(Department of Public Works)
F. With relocating the office, the number of vehicles that come to this site and leave in
company trucks in return and leave again in personal vehicles generate
approximately 80 additional vehicle trips. With the existing background traffic, this
and the existing background traffic pushes the number over the 200 ADT count,
which requires dust abatement.
The applicant shall be required to provide adequate dust suppressant chemical
(calcium chloride or magnesium chloride) for approximately 300 feet at any
residence on CR 46 between CR 49 and the entrance no less than twice a year or
more often as determined by the Department of Public Works (Motor Grader
Supervisor, Department of Public Works)
G. The applicant shall submit two (2)paper copies of the plat for preliminary approval
to the Weld County Department of Planning Services. (Department of Planning
Services)
3. Upon completion of 1. And 2. above 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 Department of Planning Services'
Staff. 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. (Department of Planning
Services)
4. Prior to the Release of Building Permits:
A. A plan review is required for each grading permit. Plans are required to bear the wet
stamp of a Colorado registered architect or engineer.Two complete sets of plans are
required when applying for each permit. (Department of Building Inspection)
B. The office will require and engineered foundation based on a site specific geo-
technical report or an open hole inspection performed by a Colorado registered
engineer. Engineered foundations shall be designed by a Colorado registered
engineer. (Department of Building Inspection)
C. If applicable, a Storm Water Discharge Permit shall be submitted to the Colorado
Department of Public Health and Environment for review and approval. Evidence
of such shall be submitted in writing to the Weld County Department of Public Health
and Environment. (Department of Public Health and Environment)
Resolution USR-1570
Petro Canada
Page 4
D. The applicant shall obtain written approval from the Kersey Fire Protection District.
Evidence of such shall be submitted in writing to the Weld County Department of
Building Inspection. (Department of Building Inspection)
5, Prior to the issuance of a Certificate of Occupancy:
1. An individual sewage disposal system is required for the proposed pre-manufactured
office building(s) and shall be installed according to the Weld County Individual
Sewage Disposal Regulations. (Department of Public Health and Environment)
2. The septic systems is required to be designed by a Colorado Registered
Professional Engineer according to the Weld County Individual Sewage Disposal
Regulations. (Department of Public Health and Environment)
6. The Special Review activity shall not occur nor shall any building or electrical permits be
issued on the property until the Special Review plat is ready to be recorded in the office of
the Weld County Clerk and Recorder. (Department of Planning Services)
7. The Department of Planning Services respectively requests the surveyor provide a digital
copy of this Use by Special Review/. Acceptable CAD formats are .dwg, .dxf, and .dgn
(Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and
Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4).
(Group 6 is not acceptable). This digital file may be sent to mapsAco.weld.co.us.
(Department of Planning Services)
8. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005,should the
plat not be recorded within the required sixty(60)days from the date of the Board of County
Commissioner Resolution was signed a$50.00 recording continuance charge shall be added
for each additional 3 month period. (Department of Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Petro-Canada Resources, Inc.
USR-1570
1. The Site Specific Development Permit and Special Review Permit for a Mineral Resource
Development Facility including Oil and Gas Support Services and a pre-manufactured office
building in the (A)Agricultural Zone District, as indicated in the application materials on file
and subject to the Development Standards stated hereon.(Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code. (Department of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5,C.R.S.,as amended)shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination. (Department of Public Health
and Environment)
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,30-20-100.5,C.R.S.,as amended. (Department of Public
Health and Environment)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust,fugitive particulate emissions, blowing debris,and other potential nuisance conditions.
(Department of Public Health and Environment)
6. 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
(Department of Public Health and Environment)
7. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and
Environment)
8. 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. (Department of Public Health and Environment)
9. Adequate hand washing and toilet facilities shall be provided for employees and visitors of
the facility. (Department of Public Health and Environment)
10. The facility shall utilize the existing public water supply.(Central Weld County Water District)
(Department of Public Health and Environment)
11. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health & Environment,Water Quality Control Division. (Department
of Public Health and Environment)
12. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code. (Department of Public Health and Environment)
13. 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.
(Department of Public Works)
14. The facility shall comply with the Screening Plan at all times. (Department of Planning
Services)
Resolution USR-1570
Petro Canada
Page 2
15. Off-street parking spaces including the access drive shall be surfaced with gravel, asphalt,
concrete or the equivalent and shall be graded to prevent drainage problems. (Department
of Public Works)
16. Each parking space shall be equipped with wheel guards or curb blocks when necessary
to prevent vehicles from extending beyond the boundary of the space and from coming
into contact with other vehicles,walls, fences or planting. (Department of Public Works)
17. Building permits shall be obtained prior to the any new construction. A building permit is
required for change of use for any existing buildings. (Department of Building Inspection)
18. A plan review is required for each building for which a building permit is required. Plans
shall bear the wet stamp of a Colorado registered architect or engineer. Two complete
sets of plans are required when applying for each permit. Provide a Code Analysis Data
sheet provided by the Department of Building Inspection with each Building permit
application. (Department of Building Inspection)
19. Buildings shall conform to the requirements of the codes adopted by Weld County at the
time of permit application. Current adopted codes include the 2003 International Building
Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003
International Fuel Gas Code; 2002 National Electrical Code and Chapter 29 of the Weld
County Code. (Department of Building Inspection)
20. Building height shall be measured in accordance with the 2003 International Building
Code for the purpose of determining the maximum building size and height for various
uses and types of construction and to determine compliance with the Bulk Requirements
from Chapter 23 of the Weld County Code. Building height shall be measured in
accordance with Chapter 23 of the Weld County Code in order to determine compliance
with offset and setback requirements. Offset and setback requirements are measured to
the farthest projection from the building. (Department of Building Inspection)
21. The number of employees shall be limited to twenty(20) persons, including two persons
full time in the on-site office, as stated in the application materials. (Department of
Planning Services)
22. The hours of operation shall be limited to Monday through Friday 8 A.M to 5 P.M. as
stated in the application materials. (Department of Planning Services)
23. The historical flow patterns and run-off amounts will be maintained on site in such a
manner that will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to run-off rate and velocity increases,
diversions, concentration and/or unplanned ponding of storm run-off. (Department of
Planning Services)
24. The applicant shall coordinate with the Weld County Public Works Department on grading
prior to placing the magnesium chloride or calcium chloride to County Road 46.
Maintenance will consist of regular grading and magnesium chloride application and/or
additional road base to keep the surface smooth and to control dust as directed by the
Weld County Public Works Department. (Department of Public Works)
25. Each parking space shall be equipped with wheel guards or curb blocks when necessary
to prevent vehicles from extending beyond the boundary of the space and from coming
into contact with other vehicles, walls, fences or planting. (Department of Public Works)
26. 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. (Department of Planning
Services)
Resolution USR-1570
Petro Canada
Page 3
27. 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. (Ordinance 2005-8 Section 5-8-40) (Department of
Planning Services)
28. The operation shall comply with all applicable rules and regulations of the State and
Federal agencies and the Weld County Code. (Department of Planning Services)
29. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code. (Department of Planning Services)
30. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code. (Department of Planning Services)
31. Personnel from Weld County Government 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. (Department of Planning Services)
32. The 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. (Department
of Planning Services)
33. 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. (Department of Planning Services)
Motion seconded by Tom Holton
VOTE:
For Passage Against
Roy Spitzer
Chad Auer
Doug Ochsner
Tom Holton
Paul Branham
Mark Lawley
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of
this case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Voneen Macklin, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on September 5, 2006.
Dated tie 51h of September, 2006.
cK>L
Voneen Macklin
6) -5-• ZOD{r
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, September 5, 2006
A regular meeting of the Weld County Planning Commission was held Tuesday 2006, in the Weld County
Department of Planning Services, Hearing Room,918 10th Street,Greeley,Colorado. The meeting was called
to order by Chair, Chad Auer, at 1:30 p.m.
ROLL CALL
Erich Ehrlich Absent
Roy Spitzer
James Welch Absent
Bruce Fitzgerald Absent
Chad Auer
Doug Ochsner
Tom Holton
Paul Branham
Also Present: Jess Hein, Char Davis, Pam Smith, Drew Scheltinga, Brad Mueller, Kim Ogle,Chris Gathman
The summary of the last regular meeting of the Weld County Planning Commission held on, July 18, 2006
August 15, 2006, was approved as read.
The following item will be withdrawn per applicant's request.
CASE NUMBER: USR-1558
APPLICANT: Lester& Rachel Oliver
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot A of RE-3012; Pt SE4 of Section 4, T4N, R66W of the 6th P.M., Weld
County, Colorado
REQUEST: A Site Specific Development Plan and Special Review Permit for a use
by right in the I (Industrial)Zone District(cast-in-place concrete
construction business) in the A(Agricultural)Zone District
LOCATION: West of and adjacent to CR 31 and 1/4 mile north of CR 72.
Chris Gathman, Department of Planning Services read a letter into the record requesting withdrawal of
this case.
The following items will be on the Consent Agenda:
CASE NUMBER: USR-1570
APPLICANT: Petro-Canada Resources (USA) Inc
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot C of RE-4205, being part of the NW4 and part N2 SW4 of Section 18,
T4N, R64W of the 6th P.M., Weld County, Colorado
REQUEST: Site Specific Development Plan and Special Review Permit for a Mineral
Resource Development Facility, including Oil and Gas Support and
Service, including a pre-manufactured office building in the (A)
Agricultural Zone District
LOCATION: South of and adjacent to CR 46; east of and adjacent to CR 49
Doug Ochsner moved to approve the Consent Agenda. Tom Holton seconded.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy
Spitzer, yes; Chad Auer, yes; Tom Holton, yes; Doug Ochsner, yes; Paul Branham, yes; Mark Lawley,
yes. Motion carried unanimously EXHIBIT
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