HomeMy WebLinkAbout20063222.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND THIRD AMENDED USE BY
SPECIAL REVIEW PERMIT #894 FOR MINERAL RESOURCE DEVELOPMENT
FACILITIES, INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY,
CONTRACTOR'S SHOP FOR VEHICLE MAINTENANCE, AND A HELICOPTER PAD,
IN THE A (AGRICULTURAL) ZONE DISTRICT - KAUFFMAN LAND AND
DEVELOPMENT, 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 20th day of
December,2006,at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of hearing
the application of Kauffman Land and Development, LLC, 1675 Broadway, Suite 2800, Denver,
Colorado 80202-4628, for a Site Specific Development Plan and Third Amended Use by Special
Review Permit#894 for Mineral Resource Development Facilities, including an oil and gas support
and service facility, contractor's shop for vehicle maintenance, and a helicopter pad, in the
A (Agricultural) Zone District on the following described real estate, being more particularly
described as follows:
Lot A of Recorded Exemption#1921;being part of the
SE1/4 of Section 9, Township 2 North, Range 67
West of the 6th P.M., Weld County, Colorado
WHEREAS,said applicant was represented by Anne Best-Johnson,Todd Hodges Design,
LLC, 1269 North Cleveland Avenue, Loveland, Colorado 80537, at said hearing, 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 matterand,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 23-2-230.6.1 --The proposed use is consistent with Chapter22 and
any other applicable Code provisions or ordinance in effect. Section 22-2-60
(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 development shall
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3RD AMENDED SPECIAL REVIEW PERMIT#894-KAUFFMAN LAND AND DEVELOPMENT,LLC
PAGE 2
attempt to be compatible with the region." The property in question operates
under Second Amended Use by Special Review Permit #894
(2ndAmUSR-894) for and oil and gas support and service operation and
contractors shop for vehicle and equipment maintenance relating to those
activities in the A (Agricultural) Zone District, approved by the Board of
County Commissioners on September 10, 1997. The amendment will
include a helicopter pad. Application materials indicate that the site can
support the proposed use. The Conditions of Approval and Development
Standards ensure that a reasonable attempt will be made to be compatible
with the region.
b. Section 23-2-230.B.2--The proposed use is consistent with the intent of the
A (Agricultural) Zone District. Sections 23-3-40.A.2, 23-3-40.R, and
23-3-40.F of the Weld County Code provide for Mineral Resource
Development Facilities,including an oil and gas support and service facility,
a contractor's shop for vehicle maintenance, and a helicopter pad, 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
south and east is primarily agricultural,including Special Use Permit#64 for
a Turkey Farm east of the property. The property to the north and west has
been approved for a Change of Zone from the A(Agricultural)Zone District
to the PUD (Planned Unit Development) Zone District, PZ #521, for 19
residential lots with E (Estate) Zone uses, Gloraloma Estates. The
Conditions of Approval and Development Standards will ensure compatibility
with adjacent properties.
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 subject
property lies within the three-mile referral area of the Towns of Firestone,
Frederick, and the City of Fort Lupton. The referral responses from the
Towns of Frederick and the City of Fort Lupton indicted that they had
reviewed the request and found no conflicts with their interests. The Town
of Firestone, in a referral dated June 23, 2006, indicated that it desires to
have an annexation agreement with the property owner; however, it is the
finding of the Board that an amendment is not subject to the terms of the
Intergovernmental Agreement. The Conditions of Approval and Development
Standards address the Town of Firestone's request that no more then five
landings per day be allowed during daylight hours and that time limits be
placed on the proposed use.
e. Section 23-2-230.B.5--The application complies with Chapter23,Article V,
of the Weld County Code. The site does not lie within any Overlay Districts.
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3RD AMENDED SPECIAL REVIEW PERMIT#894-KAUFFMAN LAND AND DEVELOPMENT,LLC
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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.
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 lot consists of 5.534 acres and is too small to be a viable farming
operation in accordance with Section 22-2-60.1 of the Weld County Code.
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 Kauffman Land and Development, LLC,fora Site Specific
Development Plan and Third Amended Use by Special Review Permit#894 for Mineral Resource
Development Facilities, including an oil and gas support and service facility,contractor's shop for
vehicle maintenance,and a helicopter pad,in theA(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. All pages of the plat shall be labeled 3rd AMUSR-894.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) Weld County Road 22 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. 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, along with any additional
right-of-way reservation required.
3) Weld County Road 19 is classified by the County as a collector road,
which requires 80 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. If the right-of-way cannot be verified, it shall be
dedicated. The plat shall delineate the existing right-of-way and the
documents which created it, along with any additional right-of-way
reservation required.
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3RD AMENDED SPECIAL REVIEW PERMIT#894-KAUFFMAN LAND AND DEVELOPMENT,LLC
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4) The parking areas shall have internal circulation signs and wheel
stops,where necessary,to prevent vehicles from extending beyond
the boundaries of spaces, and from coming into contact with other
vehicles, walls, fences, or plantings.
5) The applicant shall designate employee and customer parking on the
plat.
6) This facility shall adhere to the number of on-site parking spaces
indicated in Appendix 23-B of the Weld County Code. The total
number of on-site parking for this facility shall be one hundred twenty
four (124) spaces, of which one (1) shall be a van accessible
handicapped parking stall meeting all of the requirements as set forth
in the Americans with Disabilities Act (ADA).
7) The applicant shall address, and adhere to, the ADA standards for
this facility at all times. Non-ambulatory/ambulatory parking spaces
shall be identified and shown on the plat. This site will be required to
meet all requirements of the ADA. At least one space must be van
accessible. The parking spaces must be the closest possible to the
entrance. Signing will be required. Curb cuts, ramps, and other
methods of providing accessibility shall be required to reasonably
attempt to meet the requirements of the Act. Should the applicant
elect to not adhere to the previously discussed Federal Standards,
the Department of Public Works requests the applicant outline how
the proposed site design mitigates the requirements of the
Americans with Disabilities Act.
8) Any approved signs, if applicable.
9) The plat shall be prepared in accordance with Section 23-2-260.D of
the Weld County Code. In addition to these requirements, the plat
scale shall be one inch equals forty feet (1" = 40').
10) The plat shall show a six-foot(6')opaque privacy fence around the
perimeter of the property.
11) The plat shall delineate the types and sizes of the proposed and
existing trees/plants and how they will be irrigated.
12) All utility lines, topography lines, and dimension lines shall be
removed from the plat.
13) The plat shall show the dimensions for the equipment/pipe storage
area.
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14) Section 23-3-360.F of the Weld County Code addresses the issue of
on-site lighting,including security lighting,and states"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...."
C. The applicant shall enter into an Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate collateral
for all required improvements. The agreement and form of collateral shall be
reviewed by County staff and accepted by the Board of County
Commissioners prior to recording the plat. The improvements agreement
will not be needed if the necessary improvements are done to the
satisfaction of the Departments of Public Works and Planning Services.
D. The applicant shall attempt to contact the Weld County Sheriffs Office
regarding a Security Plan for the site.
E. The applicant shall attempt to address the requirements and concerns of the
Platteville/Gilcrest Fire Protection District,as stated in the referral response
dated June 12,2006. Evidence of such shall be submitted,in writing,to the
Weld County Department of Planning Services.
F. The applicant shall submit written evidence to the Department of Planning
Services from the Federal Aviation Administration(FAA)that they have been
approved for 7480-1 Notice of Landing Proposal.
G. The applicant shall submit evidence to the Weld County Department of
Public Health and Environment of an Air Pollution Emission Notice(A.P.E.N.)
and Emissions Permit application from the Air Pollution Control Division
(APCD) of the Colorado Department of Public Health and Environment.
Alternately,the applicant can provide evidence from the APCD that they are
not subject to these requirements. Evidence of the Department of Public
Health and Environment approval shall be submitted to the Department of
Planning Services.
H. The applicant shall submit a Dust Abatement Plan to the Environmental
Health Services Division of the Weld County Department of Public Health
and Environment,for approval,prior to operation. Evidence of approval shall
be submitted to the Department of Planning Services.
A spillage retention berm shall be constructed around the fuel storage tanks.
The volume retained by the spillage berm should be greater than the volume
of the largest tank inside the berm. Alternative protective measures may
also be allowed. Evidence of approval from the Department of Public Health
and Environment shall be submitted to the Department of Planning Services.
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J. The applicant shall address the requirements of the Weld County
Department of Building Inspection,as stated in the referral response dated
July 10, 2006. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
K. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. Prior to issuance of the Certificate of Occupancy:
A. A building permit is required for all new structures constructed. The vehicle
maintenance shop will be a S-1 occupancy in the 2003 International Building
Code, but may require additional conditions after the plan review.
B. A plan review is required for all building permits. 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.
C. Buildings shall conform to the requirements of the various codes adopted at
the time of permit application. Currently, Weld County has adopted the
following:2003 International Building Code,2003 International Mechanical
Code,2003 International Plumbing Code,2002 National Electrical Code,and
Chapter 29 of the Weld County Code.
D. Each building will require an engineered foundation based on a site-specific
Geotechnical Report or an open hole inspection performed by a Colorado
registered engineer. Engineered foundations shall be designed by a
Colorado registered engineer.
E. Building height, setbacks, and offset distance shall be determined by
Chapter 23 of the Weld County Code and Table 602 of the 2003 International
Building Code. Separation of buildings of mixed occupancy classifications
shall be in accordance with Table 302.3.3,2003 International Building Code.
F. Plans shall be submitted to the Platte Valley Fire District for review and
approval. A letter of approval is required from the Fire District prior to
issuance of any building permits by the Weld County Department of Building
Inspection.
3. 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. he
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.
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3RD AMENDED SPECIAL REVIEW PERMIT#894-KAUFFMAN LAND AND DEVELOPMENT,LLC
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4. 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 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@co.weld.co.us.
5. The Third Amended Use by Special Review activity shall not occur, nor shall any
building or electrical permits be issued on the property,until the Third Amended Use
by Special Review plat is ready to be recorded in the office of the Weld County Clerk
and Recorder.
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 may be added for each additional three (3) month period.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 20th day of December, A.D., 2006.
BOARD OF COU TY COMMISSIONERS
WELD COUNT , COLORADO
ATTEST: ate# � 77 _
Weld County Clerk to the'Board . J. G ile
Chair
�� XCUSED
JP�/ David E. Long, Pro-Tem
BY. DepLt Clerk to the Boars � / At/
Will' m H. Jerke
AP� AS R U
Robert D. Masden
�
County Attorney
sk
Glenn Vaad -�
Date of signature: /-/ & O 7
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KAUFFMAN LAND AND DEVELOPMENT, LLC
3RD AMUSR#894
1. A Site Specific Development Plan and Third Amended Use by Special Review Permit#894
is for Mineral Resource Development Facilities,including an oil and gas support and service
facility, contractor's shop for vehicle maintenance, and a helicopter pad, in the
A (Agricultural) Zone District.
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 mannerthat
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 that controls fugitive
dust,fugitive particulate emissions,blowing debris,and other potential nuisance conditions.
6. The applicant shall operate in accordance with the approved Waste Handling Plan.
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. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
9. 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.
10. The facility shall utilize the existing public water supply(Central Weld County Water District).
11. 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.
12. 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., with the exception of aircraft
allowed herein.
13. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and Weld County Code.
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DEVELOPMENT STANDARDS - KAUFFMAN LAND AND DEVELOPMENT, LLC
(3RD AMUSR#894)
PAGE 2
14. 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.
15. 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.
16. The landscaping on the site shall be maintained in accordance with the approved
Landscape/Screening Plan.
17. A maximum of five(5)helicopter landings and take-offs,perday,is allowed during the hours
of 9:00 a.m. to 5:00 p.m., Monday through Friday, with the exception of emergency
situations, including life and safety.
18. The hours of operation for all activities on the site will be daylight hours, Monday through
Saturday, with the exception of emergency situations, including life and safety.
19. All helicopterflights with landings at the site shall approach and leave from the south or east.
20. As indicated by the application, the number of employees for the oil and gas support
services shall be limited to one hundred and seven (107).
21. 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.
22. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
23. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
24. 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.
25. The Third Amended 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.
26. 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.
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