HomeMy WebLinkAbout20062993.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1570 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,INCLUDING
OIL AND GAS SUPPORT SERVICES AND A PRE-MANUFACTURED OFFICE
BUILDING, IN THE A (AGRICULTURAL) ZONE DISTRICT - PETRO-CANADA
RESOURCES (USA) INC.
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 15th day of
November,2006,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Petro-Canada Resources (USA) Inc., 1099 18th Street, Suite 400, Denver,
Colorado 80202-1904, for a Site Specific Development Plan and Use by Special Review
Permit#1570 for a Mineral Resource Development Facility,including Oil and Gas Support Services
and a Pre-manufactured Office Building, in the A (Agricultural) Zone District on the following
described real estate, being more particularly described as follows:
Lot C of Recorded Exemption#4205;being part of the
NW1/4 and part of the N1/2 SW1/4 of Section 18,
Township 4 North, Range 64 West of the 6th P.M.,
Weld County, Colorado
WHEREAS,said applicant was represented by Todd Hodges,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 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 23-2-230.6.1 --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,and separators,and
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SPECIAL REVIEW PERMIT#1570 - PETRO-CANADA RESOURCES (USA) INC.
PAGE 2
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 23-2-230.6.2--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 Services as a Use by Special Review
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 property is surrounded by
agricultural fields in crop production and oil and gas production facilities. Use
by Special Review Permit #1517 for Petro-Canada Resources, Inc., is
immediately north of,and adjacent to,this site,with Amended Use by Special
Review Permit#734 for Action Oil northwest of the site,with rural residential
properties in the general vicinity. There are ten property owners within 500
feet of the proposed office and outdoor storage facility. Staff has not
received any letters or telephone calls from surrounding property owners.
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 existing
site does not lie within the three-mile referral area of any municipality.
e. Section 23-2-230.B.5--The application complies with Chapter 23,Article V,
of the Weld County Code. The existing site is not within a recognized
overlay district, including the Geologic Hazard or Flood Hazard. The site is
located within the Greeley-Weld Airport Authority overlay district. Per the
application materials, Michael Reisman, Airport Manager, indicated the
location does not warrant an Avigation Easement or any other agreements.
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 proposed
lots 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. This proposed facility is located on lands described as fallow
agricultural and pasture land, and will not remove prime agricultural lands
from production.
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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 Petro-Canada Resources(USA)Inc., for a Site Specific
Development Plan and Use by Special Review Permit#1570 for a Mineral Resource Development
Facility, including Oil and Gas Support Services and a Pre-manufactured Office Building, 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 plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code.
B. All sheets of the plat shall be labeled USR-1570.
C. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) Weld County Road 46 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.
3) Weld County Road 49 is classified by the County as an arterial road,
which requires 140 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.
4) The access shall be placed in such a location as 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 plat.
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.
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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.
D. 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.
E. With relocating the office, the number of vehicles that come to this site and
leave in company trucks to return and leave again in personal vehicles
generate approximately 80 additional vehicle trips. With the existing
background traffic, the proposal pushes the number over the 200 Average
Daily Traffic (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 Weld County Road 46 between Weld County Road 49 and the entrance,
no less than twice a year, or more often as determined by the Department
of Public Works.
F. 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.
3. 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.
B. The office 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.
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C. If applicable, a Stormwater 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.
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.
4. Prior to the issuance of a Certificate of Occupancy:
A. 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 System (I.S.D.S.) Regulations.
B. The septic system(s) is required to be designed by a Colorado registered
professional engineer according to the Weld County I.S.D.S. Regulations.
5. The Use by Special Review activity shall not occur,nor shall any building or electrical
permits be issued on the property, until the Use by Special Review plat is ready to
be recorded in the office of the Weld County Clerk and Recorder.
6. The Department of Planning Services respectfully 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
maps@co.weld.co.us.
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 of
the Board of County Commissioner Resolution, a $50.00 recording continuance
charge shall be added for each additional three (3) month period.
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 15th day of November, A.D., 2006.
BOARD OF C UNTY COMMISSIONERS
IE ILa WELD COU , COLORADO
ATTEST: Midi WeldCu County Clerk to the Bgard'
,2_ A, EXCUSED
t '' M1 David E. Long, Pro-Tem
Dep Clerk the oard , )/�
W' m H. Jerke
APP S TO F • , 4,1\1\4
\0 -
Robert D. Masden
my Attor "/,21c Ua J
GI n Vaa �- -
Date of signature: tlizz ik
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
PETRO-CANADA RESOURCES (USA) INC.
USR#1570
1. The Site Specific Development Plan and Use by Special Review Permit #1570 is 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.
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 manner that
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 in a manner that controls fugitive
dust,fugitive particulate emissions, blowing debris,and other potential nuisance conditions.
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.
7. 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.
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.
9. Adequate hand washing and toilet facilities shall be provided for employees and visitors of
the facility.
10. The facility shall utilize the existing public water supply(Central Weld County Water District).
11. If applicable,the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
12. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
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.
14. The facility shall comply with the Screening Plan at all times.
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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.
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.
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.
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. The applicant shall provide a Code
Analysis Data sheet provided by the Department of Building Inspection with each Building
permit application.
19. Buildings shall conform to the requirements of the codes adopted by Weld County 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, 2003 International Fuel Gas Code, 2002 National Electrical Code, and
Chapter 29 of the Weld County Code.
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.
21. The number of employees shall be limited to twenty(20)persons,including two(2)persons
full time in the on-site office, as stated in the application materials.
22. The hours of operation shall be limited to 8:00 a.m.to 5:00 p.m., Monday through Friday,as
stated in the application materials.
23. The historical flow patterns and runoff amounts will be maintained on the 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 runoff rate and velocity increases, diversions,
concentration, and/or unplanned ponding of storm runoff.
24. The applicant shall coordinate with the Weld County Department of Public Works regarding
grading prior to placing the magnesium chloride or calcium chloride on Weld 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 Department of Public Works.
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25. 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.
26. 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.
27. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
28. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
39. 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.
30. The 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.
31. 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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