HomeMy WebLinkAbout20062314 RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION
Moved by Tom Holton that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: AmUSR-1458
APPLICANT: Kenneth Shannon
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Part of the NW4 of Section 29, Ti N, R66W of the 6th
P.M., Weld CountyColorado.
REQUEST: Site Specific Development Plan and Special Review
Permit for a use permitted as a Use by Special Review,
(Oil & Gas Support & Services) and a Use by Right,
Accessory Use or Use by Special Review in the
Commercial or Industrial Zone Districts (storage of
explosives) in the A (Agricultural)Zone District.
LOCATION: East of and adjacent to Hwy 85 business (CR 27);
approximately 1/4 mile south of CR 6.
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 Department of Planning Services'staff 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 22-2-60 (A.Goal 4) states,
"Conversion of agricultural land to nonurban residential, commercial and industrial uses will
be accommodated when the subject site is in an area that can support such development.
Such development shall attempt to be compatible with the region."USR-1458 was approved
by the Board of County Commissioners on September 1, 2004 for a Site Specific
Development Plan and a Special Review Permit for a mineral resource development facility
(Oil and Gas Support and Services) in the (A) Agricultural Zone District. The applicant is
proposing to store less than 600 lbs. of DOT Division 1.4 Oil Well perforating charges and
1500 ft or less of 80 grains/ft detonating cord on the site in two outdoor Type 2 magazines
that measure 8'x8'x8', two small indoor magazines and one Day-Box in the warehouse.
Conditions of Approval and Development standards ensure that a reasonable attempt will be
made to be compatible with the vicinity.
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 a Mineral resource
development facility including an oil and gas support and service facility and a Use by Right in
the A(Agricultural)Zone District. Section 23-3-40.R of the Weld County Code provides for
Accessory Use or Use by Special Review in the Commercial or Industrial Zone Districts(the
storage of explosives) 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 surrounding property to the east is primarily agricultural beyond
the Union Pacific Railroad. The property to the north is residential, to the south commercial
(bar) and residential with existing USR's are located to the west of the site. There is an
existing residence located between the two AMUSR sites. The application states that the
applicant is required to be in compliance with the Federal Bureau of Alcohol, Tobacco, and
Firearms at all times. One letter from a surrounding property owner has been received.
Their concerns are in regards to the existing and future drainage on site along with the safety
of the proposed structure to house the explosives. The development standards and
conditions of approval will ensure compatibility with adjacent properties.
EXHIBIT
AP
111.
2006-2314
Resolution AmUSR-1458
Kenneth Shannon
Page 2
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 subject property lies within the three mile referral area of the Cities of
Brighton and Fort Lupton,the Town of Lochbuie and Adams County. The City of Fort Lupton
and the Town of Lochbuie reviewed the request and found no conflicts with their interests.
No comments were received from the City of Brighton and Adams County.
e. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County
Code. The site does not lie within any Overlay Districts.
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 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)
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. The site is already being
utilized for an Oil and Gas Support and Services business as approved by the Board of
County Commissioners on September 1, 2004.
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 Department of Planning Services'staff recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall address the concerns/requirements of the Greater Brighton Fire
Protection District as stated in their referral dated June 29, 2006. Written evidence shall be
provided to the Department of Planning Services. (Department of Planning Services)
B. The applicant shall address the concerns/requirements of the Federal Bureau of Alcohol,
Tobacco,and Firearms as stated in their referral dated July 6,2006. Written evidence shall
be provided to the Department of Planning Services. (Department of Planning Services)
C. The applicant shall address the concerns/requirements of the Weld County Building
Inspection Department as stated in the referral response dated July 11, 2006. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
D. The applicant shall address the concerns/requirements of the Weld County Public Works
Department as stated in the referral response dated June 20,2006. Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
E. The applicant shall address the concerns/requirements of the State of Colorado Division of
Resolution AmUSR-1458
Kenneth Shannon
Page 3
Water Resources as stated in the referral response dated June 23,2006. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
F. The applicant shall address the concerns/requirements of the Weld County Sheriffs Office as
stated in the referral response dated July 26, 2006. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Department of Planning
Services)
G. The plat shall be amended to delineate the following:
1. All plats shall be labeled AMUSR-1458 (Department of Planning Services)
2. The Use by Special Review Plat shall be prepared in accordance with Section 23-2-
260.D of the Weld County Code. (Department of Planning Services)
3. The attached Development Standards. (Department of Planning Services)
4. County Road 27 is designated on the Weld County Classification Plan as a collector
status road requires an 80 foot right-of-way at full build out. There is presently a 60
foot right-of-way. A total of 40 feet from the centerline of County Road 27 shall be
delineated on the plat as right-of-way reservation for future expansion of County
Road 27. The applicant shall verify the existing right-of-way and the documents
creating the right-of-way. This road is maintained by Weld County. (Department of
Public Works)
5. The existing access points shall be delineated on the plat. (Department of Public
Works & Department of Planning Services)
H. 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)
2. Upon completion of 1.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)
3. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Amended 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 maps(o7co.weld.co.us. (Department of Planning Services)
4. Prior to Operation:
A. The portable outdoor barricade magazines, two small indoor magazines and the one Day-
Box shall be inspected an approved by the Greater Brighton Fire Protection District. (Greater
Brighton Fire Protection District)
5. 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)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Kenneth Shannon
AMUSR-1458
1. The Site Specific Development Plan and Special Review Permit for a use permitted as a Use by
Special Review, (Oil and Gas Support and Services)and a Use by Right,Accessory Use or Use by
Special Review in the Commercial or Industrial Zone Districts (storage of explosives) 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. The site is to store less than 600 lbs. of DOT Division 1.4 Oil Well perforating charges and 1500 ft or
less of 80 grains/ft detonating cord in two outdoor Type 2 magazines that measure 8'x8'x8',two small
indoor magazines and one Day-Box in the warehouse. (Department of Planning Services)
4. Hours of operation are 6:30 a.m. to 5:00 p.m. as stated in the application material. (Department of
Planning Services)
5. The site is limited to no more than five (5) employees as stated in the application material.
(Department of Planning Services)
6. Uses shall be located,designed and operated in accordance with the air quality standards established
by the Colorado Air Pollution Control Commission. The applicant shall meet the established
standards set by the Weld County Department of Public Health and Environment. (Department of
Planning Services)
7. Property shall be maintained in such a manner that grasses and weeds are not permitted to grow
taller than twelve (12) inches. In no event shall the property owners allow the growth of noxious
weeds. (Department of Planning Services)
8. 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 Planning Services)
9. 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 constructed as traffic control devices. (Department of Planning
Services)
10. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will
reasonable 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 Public Works)
11. 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)
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,30-20-100.5,C.R.S.,as amended. (Department of Public Health and Environment)
13. 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)
14. The applicant shall operate in accordance with the approved"waste handling plan". (Department of
Public Health and Environment)
15. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank
Regulations (7 CCR 1101-14). (Department of Public Health and Environment)
16. 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)
17. 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)
18. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility.
(Department of Public Health and Environment)
19. 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)
20. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.(Commercial Well #261608) (Department of Public Health and Environment)
21. All potentially hazardous chemicals must be stored and 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). (Department of Public Health and Environment)
22. 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)
23. 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)
24. Per Table 415.3.1 exception "e" of the 2003 International Building Code "portable or mobile
magazines not exceeding 120 square feet in area need not comply with the requirements of this code,
however, all magazines shall comply with the International Fire Code. (Department of Building
Inspection)
25. The site shall be in compliance with the Federal Bureau of Alcohol, Tobacco, Firearms and
Explosives and the Greater Brighton Fire Protection District at all times. (Department of Planning
Services)
26. Effective January 1,2003, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of
Planning Services)
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 landscaping on site shall be maintained in accordance with the approved landscape/screening
plan. (Department of Planning Services)
29. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of
exploration development,completion,recompletion,re-entry,production and maintenance operations
associated with existing or future operations located on these lands. (Department of Planning
Services)
30. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
31. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
32. Personnel from the 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.
33. 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.
34. 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.
Motion seconded by Roy Spitzer.
VOTE:
.- For Passage Against Passage Absent
Chad Auer
Paul Branham
Erich Ehrlich
Bruce Fitzgerald
Tom Holton
Mark Lawley
Doug Ochsner
James Welch
Roy Spitzer
The Chair declares the resolution passed and orders that a certified copy be placed in the file of this case
to serve as a permanent record of these proceedings.
CERTIFICATION OF COPY
I, Donita May, 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 August 15 ,2006.
Dated the 15th day of August, 2006.
I1
Donita May
Secretary
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, August 15, 2006
A regular meeting of the Weld County Planning Commission was held in the Southwest Weld County
Conference Room, 4209 CR 24.5, Longmont, Colorado. The meeting was called to order by Chair, Chad
Auer, at 1:30 p.m.
ROLL CALL ABSENT
Chad Auer-Chair
Doug Ochsner-Vice Chair
Paul Branham
Erich Ehrlich
Bruce Fitzgerald
Tom Holton
Mark Lawley
Roy Spitzer
James Welch
Also Present: Kim Ogle, Jacqueline Hatch, Hannah Hippely,Department of Planning Services; Bruce Barker,
Cyndy Giauque, County Attorneys; Peter Schei, Don Carroll, Brian Varrella,Jess Hein, Department of Public
Works; Char Davis, Pam Smith, Environmental Health Department; Donita May, Secretary.
CASE NUMBER: AmUSR-1458
APPLICANT: Kenneth Shannon
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Part of the NW4 of Section 29, T1 N, R66W of the 6th
P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review
Permit for a use permitted as a Use by Special Review,
(Oil & Gas Support& Services) and a Use by Right,
Accessory Use or Use by Special Review in the
Commercial or Industrial Zone Districts (storage of
explosives) in the A(Agricultural)Zone District.
LOCATION: East of and adjacent to Hwy 85 business (CR 27);
approximately 1/4 mile south of CR 6.
Jacqueline Hatch, Department of Planning Services, said the applicant and staff were in agreement this
case remain on the consent agenda.
Stephen Bain, Welborn Sullivan Meck&Tooley PC, 821 17th St, Ste 500, Denver CO 80202, representing
the applicant, asked for a change to the Department of Public Works approval and their concerns the
explosive magazine be fenced for added security. Mr. Bain said there was presently a six foot fence with
barbed wire at the top around the explosives magazine and the entire site was also fenced.
Jacqueline Hatch deferred to Department of Public Works for their opinion whether the existing fence
would be adequate.
Don Carroll, Department of Public Works, recommended it be fenced and that what the applicant had
indicated would be satisfactory.
Tom Holton inquired if that was a development standard or just on the plat. Ms. Hatch said it was a
condition of approval and would need to be addressed by the applicant.
The Chair said Case AmUSR-1458 would remain on the consent agenda.
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