HomeMy WebLinkAbout20061241 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1542 FOR MINERAL RESOURCE DEVELOPMENT FACILITIES,INCLUDING
AN OIL AND GAS SUPPORT AND SERVICE FACILITY (STORAGE OF OILFIELD
EQUIPMENT), IN THE A(AGRICULTURAL) ZONE DISTRICT- LANCE AND CHERYL
MESSINGER
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 24th day of
May, 2006, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Lance and Cheryl Messinger, 12610 Weld County Road 25.5, Fort Lupton,Colorado
80621,fora Site Specific Development Plan and Use by Special Review Permit#1542 for Mineral
Resource Development Facilities, including an Oil and Gas Support Service Facility(storage of
oilfield equipment), in the A(Agricultural)Zone District on the following described real estate,being
more particularly described as follows:
Lot A of Recorded Exemption#4133;being part of the
NE1/4 of Section 31, Township 3 North, Range 66
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was present 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.B of the Weld County Code as follows:
a. Section 23-2-230.8.1 --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 Amended Use by Special Review Permit#1216 for an Oil
2006-1241
cc '. PLC �G�J, HL.Cer) Ar'`e__ PL1839
SPECIAL REVIEW PERMIT #1542 - LANCE AND CHERYL MESSINGER
PAGE 2
and Gas Support and Service Facility. The applicant is in the process of
amending the boundaries forAMUSR-1216 to include only Lot B of RE-4133
in order to avoid overlapping Use by Special Review permits. The application
materials indicate the site can support the proposed use,and the Conditions
of Approval and Development Standards will 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. Section 23-3-40.A.2 of the Weld County Code
provides fora mineral resource development facility,including an oil and gas
support and service facility, in the A (Agricultural) Zone District.
c. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. To the west is primarily agricultural
land, the property to the north is being operated under AMUSR-1216 as an
oil and gas support and services facility, the property to the south is being
operated under USR-1385 for camper sales,and State Highway85 is to the
east. The Conditions of Approval and Development Standards will ensure
compatibility with adjacent properties. No letters have been received 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 subject
property lies within the three-mile referral area of the Town of Platteville;
however, a referral response has not been received.
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.
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.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 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 23-2-230.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.
2006-1241
PL1839
SPECIAL REVIEW PERMIT#1542 - LANCE AND CHERYL MESSINGER
PAGE 3
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Lance and Cheryl Messinger for a Site Specific
Development Plan and Use by Special Review Permit#1542 for Mineral Resource Development
Facilities, including an Oil and Gas Support Service Facility(storage of oilfield equipment), 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. All pages of the plat shall be labeled USR-1542.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The approved Landscape/Screening Plan.
3) Weld County Road 25.5 is a local gravel road and has 60 feet of
right-of-way,as indicated in Book 48, Page 326,dated March 3, 1890.
This 60-foot right-of-way is located east of the half section line,which
is delineated on the plat.
4) As recommended by the Weld County Department of Public Works,
the existing note on the plat shall be replaced 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 shall seek a license agreement
with the owner for those improvements within the right-of-way."
5) The applicant shall delineate all loading zones 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 twenty-one (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(ADA). Further, the applicant shall
delineate curb stops for the parking spaces shown on the plat.
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 ADA requirements. 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 ADA requirements. Should the applicant elect not to adhere
2006-1241
PL1839
SPECIAL REVIEW PERMIT#1542 - LANCE AND CHERYL MESSINGER
PAGE 4
to the previously discussed federal standards, the applicants shall
outline how their proposed site design mitigates the ADA
requirements.
8) The internal circulation within the site is unclear. Future drawings
shall delineate the proposed circulation pattern throughout the
property, including the service yard.
9) Any approved signs, if applicable.
10) The plat shall be prepared in accordance with Section 23-2-260.D of
the Weld County Code.
11) Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas. Areas used for storage or trash collection
shall be screened from adjacent properties and public rights-of-way.
These areas shall be designed and used in a manner that will prevent
trash from being scattered by wind or animals.
12) Section 23-3-360.F of the Weld County Code,which 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...."
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 material it is constructed from, or how access is attained to this
portion of the site.
14) The applicant shall delineate,on the plat,the existing retention pond
in the southwest corner of the property.
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 USR 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 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.
2006-1241
PL1839
SPECIAL REVIEW PERMIT#1542 - LANCE AND CHERYL MESSINGER
PAGE 5
E. The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department of
Public Health and Environment. Evidence of approval by the Department of
Public Health and Environment 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 the 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
the site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
F. The applicant shall apply to, and be 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.
G. 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. Any building plans shall be submitted to the fire district for approval.
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. 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.
4. 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.
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.
2006-1241
PL1839
SPECIAL REVIEW PERMIT#1542 - LANCE AND CHERYL MESSINGER
PAGE 6
6. In accordance with Weld CountyCode 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.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 24th day of May, A.D., 2006.
IE La BOARD OF COUNTY COMMISSIONERS
" WELD CO COLORADO
ATTEST: Lk, I ( ►/V ,Q474---
. eile, Chair
Weld County Clerk to the s " ` .\./ &_)(\- cz„Th/
-S . David E. Long, Pro-Tem
BY: r i^� I
De uty Clerk the oard
W H. Jerke
APP AS TO FO , s kt,a_.
Robert D. Mas en
n tto n !DUI
OZIOS
GI nn Vaad
Date of signature: 13I
2006-1241
PL1839
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LANCE AND CHERYL MESSINGER
USR#1542
1. A Site Specific Development Plan and Use by Special Review Permit#1542 is for Mineral
Resource Development Facilities, including an Oil and Gas Support and Service Facility
(storage and repair of oilfield equipment), 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 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. 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.
8. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District as delineated in Section 25-12-103, C.R.S.
9. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
10. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
11. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.
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 and volatile organic compounds.
13. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and Weld County Code.
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 Program.
2006-1241
PL1839
DEVELOPMENT STANDARDS - LANCE AND CHERYL MESSINGER (USR#1542)
PAGE 2
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. As indicated by the application materials,the hours of operation will be from 7:00 a.m. until
5:00 p.m., Monday through 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.
18. As indicated by the application, the number of employees for the oil and gas support
services shall be limited to eight (8).
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.
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. 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.
23. 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.
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
2006-1241
PL1839
Hello