HomeMy WebLinkAbout20062313 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT #1458 FOR OIL AND GAS SUPPORT SERVICES, AND A USE
PERMITTED AS 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- KENNETH SHANNON
/ KS ENTERPRISES II, 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 30th day of
August, 2006, at the hour of 10:00 a.m., in the Chambers of the Board for the purpose of hearing
the application of Kenneth Shannon/KS Enterprises II, LLC, P.O. Box 843, Brighton, Colorado
80601,for a Site Specific Development Plan and Amended Use by Special Review Permit#1458
for Oil and Gas Support and Services,and a Use Permitted as 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 on the following described real estate, being more particularly
described as follows:
Part of the NW 1/4 of Section 29, Township 1 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Steven Bain, Welborn Sullivan Meck and
Tooley, P.C., 821 17th Street, Suite 500, Denver, Colorado 80202, at said hearing, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Amended 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 23-2-230.6 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.
Section 22-2-60.D (A.Goal 4) states, "Conversion of agricultural land to
non urban residential,commercial and industrial uses will be accommodated
when the subject site is in an area that can support such development. Such
2006-2313
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AMENDED USR#1458 - KENNETH SHANNON / KS ENTERPRISES II, LLC
PAGE 2
development shall attempt to be compatible with the region." Use by Special
Review Permit (USR) #1458 was approved by the Board of County
Commissioners on September 1,2004,for a Site Specific Development Plan
and a Use by Special Review 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 pounds of DOT Division 1.4 Oil
Well perforating charges and 1,500 feet or less of 80 grains/feet of detonating
cord on the site in two outdoor Type 2 magazines that measure 8x8x8 feet,
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 23-2-230.8.2--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 23-2-230.6.3--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, residential uses
are located to the north of the site, commercial uses to the south(bar)and
residential with existing USR's are located to the west of the site. There is
an existing residence located between the two Amended USR sites. The
application states 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. The concerns are in
regards to the existing and future drainage on the 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.
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 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 its interests. No comments were received from the City of
Brighton or Adams County.
2006-2313
PL1739
AMENDED USR#1458 - KENNETH SHANNON / KS ENTERPRISES II, LLC
PAGE 3
e. Section 23-2-230.B.5-- The application complies with Chapter 23,Article V,
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-Wide Road Impact
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.
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 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 23-2-230.B.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 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 Kenneth Shannon/KS Enterprises II, LLC, for a Site
Specific Development Plan and Amended Use by Special Review Permit#1458 for Oil and Gas
Support and Services, and a Use Permitted as 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 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 applicant shall address the concerns and requirements of the Greater
Brighton Fire Protection District,as stated in its referral dated June 29,2006.
Written evidence shall be provided to the Department of Planning Services.
B. The applicant shall address the concerns and requirements of the Federal
Bureau of Alcohol,Tobacco,and Firearms,as stated in its referral dated July
6,2006. Written evidence shall be provided to the Department of Planning
Services.
C. The applicant shall address the concerns and 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.
D. The applicant shall address the concerns and requirements of the Weld
County Department of Public Works,as stated in the referral response dated
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PL1739
AMENDED USR#1458 - KENNETH SHANNON / KS ENTERPRISES II, LLC
PAGE 4
June 20, 2006. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services.
E. The applicant shall address the concerns and requirements of the State of
Colorado Division of 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.
F. The applicant shall address the concerns and 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.
G. The plat shall be amended to delineate the following:
1) All plats shall be labeled AMUSR-1458.
2) The Amended Use by Special Review Plat shall be prepared in
accordance with Section 23-2-260.D of the Weld County Code.
3) The attached Development Standards.
4) Weld County Road 27 is designated on the Weld County Road
Classification Plan as a collector status road,which requires 80 feet
of 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 Weld County
Road 27 shall be delineated on the plat as right-of-way reservation for
future expansion of Weld 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.
5) The existing access points shall be delineated on the plat.
H. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. Upon completion of Condition of Approval #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 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.
2006-2313
PL1739
AMENDED USR#1458 - KENNETH SHANNON / KS ENTERPRISES II, LLC
PAGE 5
3. The Department of Planning Services respectfully 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 ArcViewshapefiles,
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@co.weld.co.us.
4. Prior to Operation:
A. The portable outdoor barricade magazines,two small indoor magazines,and
the one day-box shall be inspected and approved by the Greater Brighton
Fire Protection District.
5. The Amended USR activity shall not occur, nor shall any building or electrical
permits be issued on the property, until the Amended USR plat is ready to be
recorded in the office of the Weld County Clerk and Recorder.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 30th day of August, A.D., 2006.
`r.'.
OARD OF UNTY COMMISSIONERS
/������ J• ELD CO Y, COLORADO
ATTEST: � �`�
� ✓ �J
�' . eile, Chair
Weld County Clerk to the Board p e`f
Cely
David E. Long, Pro-Tem
BY:
Dept Clerk to a Board /2--1
Wi ' m Jerke
APPR TO F • 1V1\'\C�
�/
Robert D. Massdn
my Attorney EXCUSED
Glenn Vaad
Date of signature:
2006-2313
PL1739
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KENNETH SHANNON/KS ENTERPRISES II, LLC
AMUSR#1458
1. The Site Specific Development Plan and Amended Use by Special Review Permit#1458 is
for Oil and Gas Support and Services, and a Use Permitted as 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.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
3. The site is to store less than 600 pounds of DOT Division 1.4 Oil Well perforating charges
and 1,500 feet or less of 80 grains/feet of detonating cord in two outdoor Type 2 magazines
that measure 8x8x8 feet,two small indoor magazines and one day-box in the warehouse.
4. Hours of operation are 6:30 a.m. to 5:00 p.m., as stated in the application material.
5. The site is limited to no more than thirty(30)employees as stated in the application material.
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.
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.
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.
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 Lighting 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.
10. The historical flow patterns and run-off amounts will be maintained on the site in such a
manner that it 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.
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DEVELOPMENT STANDARDS - KENNETH SHANNON / KS ENTERPRISES II, LLC
(AMENDED USR#1458)
PAGE 2
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 forfinal 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.
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.
14. The applicant shall operate in accordance with the approved Waste Handling Plan.
15. The applicant shall complywith all provisions of the Underground and Above-ground Storage
Tank Regulations.
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.
17. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone District, as delineated in Section 25-12-103, C.R.S.
18. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
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 (I.S.D.S.)
20. A permanent,adequate water supply shall be provided for drinking and sanitary purposes
(commercial well #261608).
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 and volatile organic compounds.
22. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
23. The operation shall complywith all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
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 complywith the requirements
of this code; however, all magazines shall comply with the International Fire Code.
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DEVELOPMENT STANDARDS - KENNETH SHANNON / KS ENTERPRISES II, LLC
(AMENDED USR#1458)
PAGE 3
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.
26. 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 Program.
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.
28. The landscaping on the site shall be maintained in accordance with the approved
Landscape/Screening Plan.
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.
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. 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.
33. The Amended USR 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 an amendment of
the Permit approved by the Weld County Board of County Commissioners, before such
changes from the plans or Development Standards will be 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.
2006-2313
PL1739
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