HomeMy WebLinkAbout20061242 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-1542
APPLICANT: Lance&Cheryl Messinger
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Lot A of RE-4133, part NE4 of Section 31,T3N, R66W of the 6th P.M., Weld
County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for mineral
resource development facilities including oil & gas support and service
facility(storage of oilfield equipment) in the A(Agricultural)Zone District.
LOCATION: West of and adjacent to State Hwy 85 and north of CR 26.5.
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 22-2-60 (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." Prior to the applicant's
approved recorded exemption(RE-4133)on the property in question the site operated under
AMUSR-1216 for and oil and gas support and service facility. The applicant is in the process
of amending the boundaries for AMUSR-1216 to Lot B of RE-4133 in order to avoid
overlapping USR's.The applicants have applied for the Use by Special Review(USR-1542)
for Lot A of RE-4133. Application materials indicate that the site can support the proposed
use. Conditions of Approval and Development Standards ensure that a reasonable attempt
will be made to be compatible with the region.
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 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 west is primarily agricultural. The
property to the north is being operated under (AMUSR-1216) an oil and gas support and
services facility. The property to the south is being operated under(USR-1385)for camper
sales. The property in question is bordered by State Highway 85 on the east. The
development standards and conditions of approval will ensure compatibility with adjacent
properties. The Department of Planning Services has not received any letters 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 subject property lies within the three mile referral area of the Town of
Platteville. The Department of Planning Service has not received a referral from the Town
of Platteville.
[ g EXHIBIT
2006-1242
USQ*isga
Resolution USR-1542
Lance Messinger
Page 2
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) (Department of
Planning Services)
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 lot consists of
3.12 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 23-2-220.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 recommendation for approval is conditional upon the following:
1. Prior to scheduling a Board of County Commissioners hearing:
A. The applicant has not delineated any on-site sign(s). If any on-site sign(s) are desired the
Department of Planning Services shall be notified in writing. If the applicant does not
notified the Department of Planning Services the sign shall adhere to Section 23-4-90.A
and .B of the Weld County Code. Further, the location of the sign, if applicable shall be
delineated on the USR plat. (Department of Planning Services)
B. The applicant shall either submit a copy of an agreement with the property's mineral
owner/operators stipulating that the oil and gas activities have been adequately
incorporated into the design of the site or show evidence that an adequate attempt has
been made to mitigate the concerns of the mineral owner/operators. Drill envelopes can
be delineated on the plat in accordance with the State requirements as an attempt to
mitigate concerns. The plat shall be amended to include any possible future drilling sites.
(Department of Planning Services)
C. The applicant shall supply the Department of Planning Services a copy of a commercial
well permit from the Colorado Division of Water Resources for Lot A of RE-4133.
(Department of Planning Services)
D. The applicant shall submit a Landscape and Screening Plan to the Department of
Planning Services for review. The Landscape/Screening Plan shall identifying all
screening material, the number, size and species of all plant material. The applicant shall
also demonstrate how the proposed and existing plant material will be irrigated.
(Department of Planning Services)
2. Prior to recording the plat:
A. All pages of the plat shall be labeled USR-1542 (Department of Planning Services)
B. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
Resolution USR-1542
Lance Messinger
Page 3
2) The approved Landscape/Screening Plan. (Department of Planning Services)
3) CR 25.5 is a local gravel road and has 60 feet of right-of-way from Book 48, Page
326 dated 3/3/1890. This 60-foot right-of-way is located east of the half section
line, which is delineated on the plat. (Department of Public Works)
4) The Weld County Public Works Department recommends replacing the existing
note on the plat with the following paragraph: "Weld County reserves the right, in
the future, to request the owner to remove the existing improvements presently
located within the right-of-way or the County to shall seek a license agreement
with the owner for those improvements within the right-of-way." (Department of
Public Works)
5) The applicant shall delineate all loading zones on the plat. (Department of
Planning Services)
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 twenty(21) 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. Further, the applicant shall delineate curb stops
for the parking spaces shown on the USR plat. (Department of Planning Services
and Public Works)
7) The applicant shall address and adhere to the American with Disabilities Act and
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 Americans with Disabilities Act. 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 this Act. Should the applicant elect to not adhere to the
previously discussed Federal Standards, this office requests that the applicant
outline how their proposed site design mitigates the requirements of the
American's with Disabilities Act. (Department of Planning Services)
8) The internal circulation within the site is unclear. Future drawings shall delineate
the proposed circulation pattern throughout the property, including the service
yard. (Department of Planning Services and Public Works)
9) Any approved signs, if applicable. (Department of Planning Services)
10) The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
11) Section 23-3-350.11 of the Weld County Code addresses the issue of trash
collection areas. Areas used for storage or trash collection shall be screened
from adjacent public rights-of-way and adjacent properties. These areas shall be
designed and used in a manner that will prevent wind or animal scattered trash.
(Department of Planning Services)
12) Section 23-3-360.F of the Weld County Code addresses the issue of on-site
lighting, including security lighting if applicable. 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...." (Department of Planning Services)
Resolution USR-1542
Lance Messinger
Page 4
13) The application materials show a fence located around the service yard, however
on the plat it is unclear what the size of the fence is, the materials that it's
constructed from and how access is attained to this portion of the site.
(Department of Planning Services)
14) The applicant shall delinate on the plat the existing retention pond in the
southwest corner of the property. (Department of Planning Services)
D. 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 USR plat. The improvements
agreement will not be needed if the necessary improvements are done to the satisfaction
of the Department of Public Works and the Department of Planning Services.
(Department of Planning Services)
E. The Platte Valley Soil Conservation District has provided information regarding the soils
on the site. The applicant shall review the information and use it to positively manage on
site soils. (Platte Valley Soil Conservation District)
F. The applicant shall submit a waste handling plan, for approval, to the Environmental
Health Services Division of the Weld County Department of Public Health & Environment.
Evidence of Department of Public Health and Environment approval shall be submitted to
the Department of Planning Services. The plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed (including the
facility name, address, and phone number). (Department of Public Health and
Environment)
G. The applicant shall apply and be a approved by the Board of County Commissioners for a
partial vacation of AMUSR-1216 to amend the boundaries to coincide with Lot B of RE-
4133. (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)
3. Prior to issuance of the Certificate of Occupancy:
A. Any building plans shall be submitted to the fire district for approval. (Platteville/Gilcrest
Fire Protection District)
4. 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)
5. 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 mapsco.weld.co.us.co.weld.co.us. (Department of Planning Services)
Resolution USR-1542
Lance Messinger
Page 5
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. 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 the Board of County
Commissioners resolution was signed a $50.00 recording continuance charge may be added for
each additional 3 month period. (Department of Planning Services)
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Lance and Cheryl Messinger
�.. USR-1542
1. A Site Specific Development Plan and a Special Review Permit for a mineral resource development
facilities including oil and gas support and service facility(storage and repair of oilfield equipment)
in the A(Agricultural)Zone District. (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. The applicant shall operate in accordance with the approved"waste handling plan". (Department of
Public Health and Environment)
7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public
Health and Environment)
8. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone
as delineated in 25 12 103 C.R.S., as amended. (Department of Public Health and Environment)
9. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility.
(Department of Public Health and Environment)
10. 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)
11. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
12. 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)
13. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and Weld County Code. (Department of Public Health and Environment)
14. 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) (Department of Planning
Services)
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.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
16. The landscaping on site shall be maintained in accordance with the approved Landscape/Screening
Plan. (Department of Planning Services)
Resolution USR-1542
Lance Messinger
Page 2
17. As indicated by the application material the hours of operation will be limited to 7:00 am - 5:00 pm
Monday-Friday. Hours of operation may be extended with specific permission from the Weld County
Board of County Commissioners. This restriction shall not apply to operation of administrative and
executive offices or repair and maintenance facilities located on the property.(Department of Planning
Services)
18. As indicated by the application, the number of employees for the oil and gas support services shall
be limited to eight (8). (Department of Planning Services)
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. (Department of Planning Services)
20. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
21. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
22. 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.
23. 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.
24. 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 Michael Miller
Resolution USR-1542
Lance Messinger
Page 3
.-� VOTE:
For Passage Against Passage Absent
Michael Miller
Bruce Fitzgerald
Erich Ehrlich
Roy Spitzer
Chad Auer
Doug Ochsner
James Welch
Tom Holton
Paul Branham
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 February 21, 2006.
Dated the 21'of February, 2006.
Voneen Macklin
Secretary
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, February 21, 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, Bruce
Fitzgerald, at 1:30 p.m.
ROLL CALL
Michael Miller
Bruce Fitzgerald
Tom Holton
Chad Auer
Doug Ochsner
James Welch Absent
Roy Spitzer
Erich Ehrlich Absent
Paul Branham
Also Present: Don Carroll, Char Davis, Pam Smith, Michelle Martin, Brad Mueller, Frank Hempen, Monica
Mika
The summary of the last regular meeting of the Weld County Planning Commission held on February 7,2006,
was approved as read.
The following case is on the Consent Agenda:
CASE NUMBER: USR-1542
APPLICANT: Lance&Cheryl Messinger
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Lot A of RE-4133, part NE4 of Section 31,T3N, R66W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for mineral
resource development facilities including oil &gas support and service
facility(storage of oilfield equipment) in the A(Agricultural)Zone District.
LOCATION: West of and adjacent to State Hwy 85 and north of CR 26.5.
Doug Ochsner moved to approve the Consent Agenda. Michael Miller seconded.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy
Spitzer,yes; Michael Miller,yes;Tom Holton,yes; Chad Auer,yes;Doug Ochsner,yes;Bruce Fitzgerald,yes;
Paul Branham, yes. Motion carried unanimously.
The following case will be heard:
CASE NUMBER: 2005-XX
APPLICANT: Pioneer Communities, Inc
PLANNER: Brad Mueller
LEGAL DESCRIPTION: Within Township 3 North, Range 64 West of the 6th PM: Section 32; and
within Township 2 North, Range 64 West of the 6th PM.:SW4 of Section
4, E2 of Section 5, Sections 7 & 8, most of Section 9, most of W2 Section
17 and N2 &SE4 of Section 18; and , within Township 2 North, Range 65 sow*
West of the 6th PM,: Section 2, E2 of Section 11, most of Section 12, N2
of Section 13 and parts of Section 14 & 15, Weld County Colorado, being p. N
5,667 acres, more or less.
REQUEST: Amendment to the Weld County Comprehensive Plan and the Mixed Use a _l
Development area plan to create a new urban Mixed Use Development d
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