HomeMy WebLinkAbout20020981.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Cathy Clamp, along with addition of Condition of Approval #1 L, Condition of Approval #10,
that the following resolution be introduced for passage by the Weld County Planning Commission. Be it
resolved by the Weld County Planning Commission that the application for:
Case Number: USR-1375
Planner: Lauren Light
Applicant: James Terry/Nelson Pipeline Facility
Address: 10711 Colorado Highway 57
Fort Lupton, CO 80621
Request: A Site Specific Development Plan and a Special Review Permit for a
use permitted as a use-by-right in the Industrial Zone District
(contractors office and shop) in the A (Agricultural)Zone District
Legal Lot B of RE-2765; Pt. of the W2NE4 of Section 2, Township 1 North,
Range 67 West of the 6th P.M., Weld County, Colorado
Location: Approximately 500 feet north of State Highway 52 and 1/4 mile west of
Weld County Road 23
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 22-2-130.D.1 (I. Goal 4)
promotes industrial development that is appropriately located in relation to surrounding land
uses, and that meets necessary environmental standards. The Development Standards,
Conditions of Approval, and Operations Standards will effectively mitigate any adverse
impacts to surrounding areas.
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.R of the Weld County Code provides for any use permitted
as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or
Industrial Zone Districts, provided that the property is not a Lot in an approved or recorded
subdivision plat or lots part of a map or plan filed prior to adoption of any regulations
controlling subdivisions, as a Use by Special Review in the A (Agricultural)Zone District.
Section 23-3-320.6.1 allows any use of a research, repair, manufacturing, fabricating,
processing, assembling or storage nature as a use allowed by right in the 1-2 (Industrial)
Zone District. The use may be conducted outside of an enclosed building,provided that the
use and/or operations of the use are screened from adjacent public rights-of-way and
adjacent properties.
c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The surrounding area is primarily agricultural with a few residences
associated with the agricultural activities. State Highway 52 is located in close proximity to
the southern boundary of the parcel and there is commercially zoned property located
approximately 1/4 mile to the southeast. The proposed building will include a 7,000 square
foot office and a 13,000 square foot shop. Exterior storage will comprise approximately five
(5) acres. Conditions of Approval and Development Standards ensure that the proposal
is consistent with surrounding land uses.
r
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
14 EXHIBIT 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
use it/3-7s- 2002-0981
Resolution USR-1375
Nelson Pipeline
Page 2
municipalities. This proposal does lie within the three mile referral area for the City of Fort
Lupton. The City of Fort Lupton requested the use be fully screened,Condition of Approval
1.C. addresses their concerns.
e. Section 23-2-220.A.5 --The site does not lie within any Overlay Districts.
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 property is Lot B of
Recorded Exemption 2765 and is considered prime agricultural land by the Important
Farmlands of Weld County Map, dated 1979. The applicant has proposed to place
business related buildings and land uses within a twelve acre building envelope, which
would leave the remaining 52 acres available for agricultural uses. However,Section 22-2-
60.1.1 of the Weld County Comprehensive Plan indicates that eighty (80) acres is
considered the minimum lot size needed for a viable farming operation and the subject
property is 64.7 acres in size.
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's recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
2) The plat shall be labeled Use by Special Review, USR-1375 (Department of
Planning Services)
3) The USR boundaries shall delineate the twelve (12) acres as indicated in the
application materials. (Department of Planning Services)
4) All signage shall be indicated by location and size and shall adhere to Section 23-4-
100.C of the Weld County Code. (Department of Planning Services)
5) Lighting shall be indicated in accordance with Section 23-3-360.F of the Weld
County Code. (Department of Planning Services)
6) Forty-six (46) parking spaces, including spaces which adhere to ADA standards.
Parking shall be screened from public rights-of-way and adjacent properties and
shall meet the requirements of Section 23-3-350.B of the Weld County Code.
(Department of Planning Services)
7) One (1) off-street loading parking area shall be indicated which meets the
requirements of Section 23-4-50.A through and including Section 23-4-50.E of the
Weld County Code. (Department of Planning Services)
8) The internal circulation shall be clearly indicated on the plat for truck traffic
accessing the shop building. (Department of Planning Services)
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9) A trash collection area in accordance with Section 23-3-350.H of the Weld County
Code. Additional landscaping shall be indicated near the trash enclosure area.
(Department of Planning Services)
10) The outside storage area shall be clearly indicated and shall be screened to meet
the requirements of Section 23-3-320 of the Weld County Code. Adequate
screening of outside storage shall be provided with solid board fencing spaced 1/4
inch and a minimum of six (6)feet in height or an equivalent screening provided
that it is approved by the Planning Department. (Department of Planning Service.)
11) The height of the flag pole shall be indicated. (Department of Planning Services)
12) The Landscaping Plan shall be amended as indicated in the review dated March
20, 2002. (Department of Planning Services)
B. 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)
C. Written documentation shall be provided to the Weld County Department of Planning
Services indicating the concerns of the City of Fort Lupton, as received in a referral dated
January 30,2002, have been addressed regarding landscaping. (Department of Planning
Services)
D. The applicant shall submit an application to Amend RE-2765 which will reflect Lot B as
including at least 55 feet of frontage contiguous to State Highway 52. The amendment shall
also address CDOTs request for 100 feet of right-of-way as received in a referral dated
February 12, 2002, as well as amend the existing access easement agreement.
(Department of Planning Services)
E. An approved access permit from CDOT shall be submitted to Weld County Departments
of Planning Services and Public Works. (Department of Planning Services and Public
Works)
F. Written evidence shall be submitted to Weld County Departments of Planning Services and
Public Works indicating CDOT has approved the adequacy of the intersection to
accommodate turning movements of large construction trucks. (Department of Planning
Services and Public Works)
G. In event the shop is equipped with a floor drain, the applicant must apply for an
Underground Injection Control (UIC) Class V Injection Well permit through the
Environmental Protection Agency (EPA), for the floor drain system that serves the
maintenance shop, or provide evidence that the applicant is not subject to the EPA Class
V requirements. (Department of Public Health and Environment)
H. An individual sewage disposal system is required for the proposed office/shop and shall be
installed according to the Weld County Individual Sewage Disposal Regulations. The septic
system is required to be designed by a Colorado Registered Professional Engineer
according to the Weld County Individual Sewage Disposal Regulations. (Department of
Public Health and Environment)
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. Written
documentation shall be submitted to the Department of Planning Services indicating the
plan has been approved by the Environmental Health Services Division of the Weld County
Department of Public Health & Environment. The plan shall include at a minimum, the
following: (Department of Public Health and Environment)
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1) A list of wastes which are expected to be generated on site (this should
include expected volumes and types of waste generated.
2) 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).
J. In the event vehicles or equipment are washed on site,the applicant shall provide evidence
that any vehicle or equipment washing area will be designed and constructed to capture all
effluent and prevent any discharges from the washing of vehicles and/ or equipment in
accordance with the Rules and Regulations of the Water Quality Control Commission and
the Environmental Protection Agency. (Department of Public Health and Environment)
K. The applicant shall enter into an Improvements Agreement according to policy regarding
collateral for improvements and post adequate collateral for parking and landscaping
requirements. 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. (Department
of Planning Services)
L. A finalized agreement between Kerr McGee Rocky Mountain Corporation, Kerr McGee
Gathering LLC and Nelson Pipeline Company be provided to the Department of Planning
Services.
2. Upon completion of 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 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)
3. 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 mapseco.weld.co.us. (Department of Planning Services)
4. Prior to operation:
A. A stop sign shall be placed at the appropriate location prior to entering on to State
Highway 52. (Department of Public Works)
B. The approach gate shall be placed at a 90 degree angle. (Department of Public
Works)
5. Building permits shall be obtained prior to the construction. (Department of Building Inspection)
6. A plan review is required for all buildings. Plans shall bear the wet stamp of a Colorado registered
architect or engineer. Two complete sets of plans are required when applying for the permit.
(Department of Building Inspection)
7. Building shall conform to the requirements of the 1997 UBC, 1998, IMC, 1997 IPC, 1999 NEC and
Chapter 29 of the Weld County Code. (Department of Building Inspection)
8. Buildings 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. (Department of Building Inspection)
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9. Building height shall be limited to the maximum height allowed per UBC Table 5-B. Wall and
opening protection and limitations shall be in accordance with UBC Table 5-A. Separation of
building of mixed occupancy classifications shall be in accordance with UBC Table 3-B and Chapter
3. Setback and offset distances shall be determined by Section 23-3-50 of the Weld County Code.
(Department of Building Inspection)
10. A complete set of building plans shall be submitted to the Fort Lupton Fire Protection District prior
to building construction in accordance with the referral received, February 5, 2002. The applicant
shall attempt to comply with the Fort Lupton Fire Department requirements. (Fort Lupton Fire
Protection District, Department of Planning Services)
11. 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)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JAMES TERRY/NELSON PIPELINE FACILITY
USR-1375
1. The Site Specific Development Plan and Special Use Permit is for a use permitted as a use-by-right
in the Industrial Zone District (contractors office and shop) in the A(Agricultural)Zone District, as
indicated in the application materials on file and subject to the Development Standards stated
hereon. (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.) 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,
blowing debris, and other potential nuisance conditions. (Department of Public Health and
Environment)
6. Fugitive dust shall be controlled on this site. In the event the Weld County Department of Public
Health and Environment determines that an excessive amount of dust is generated from this site,
a dust abatement plan and subsequent implementation may be required. (Department of Public
Health and Environment)
7. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone
District as delineated in 25-12-103, C.R.S., as amended. (Department of Public Health and
Environment)
8. Adequate hand washing and toilet facilities shall be provided for employee and patron use.
(Department of Public Health and Environment)
9. The facility shall utilize the existing public water supply ( Central Weld County Water District).
(Department of Public Health and Environment)
10. If applicable, the applicant shall obtain a Storm Water Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division. (Department of
Public Health and Environment)
11. Any vehicle or equipment washing area(s)shall capture all effluent and prevent discharges from the
washing of vehicle and/or equipment in accordance with the Weld County Code, the Rules and
Regulations of the Water Quality Control Commission and the Environmental Protection Agency.
(Department of Public Health and Environment)
12. In accordance with the Above Ground Storage Tank Regulations (7 CCR 1101-14) a spillage
retention berm shall be constructed around the tank battery. The volume retained by the spillage
berm should be greater than the volume of the largest tank inside the berm. Alternative protective
measures may be allowed provided they comply with the Above Ground Storage Tank Regulations.
(Department of Public Health and Environment)
13. Off-street parking spaces, including the access drive, shall be surfaced with asphalt or equivalent
and shall be graded to prevent drainage problems. (Department of Public Works)
14. The equipment yard shall be surfaced with gravel, asphalt, concrete, or equivalent, and shall be
graded to prevent drainage problems. (Department of Public Works)
Resolution USR-1375
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15. No parking or staging of vehicles shall be allowed on State Highway 52. Utilize on-site parking
areas. (Department of Planning Services)
16. Except for emergencies, hours of operation shall be from 6:30 a.m. to 5:30 p.m. Monday through
Friday and from 6:30 a.m. to 4:30 p.m. Saturdays. Hours of operation may be expanded with
specific permission from the Board of County Commissioners. (Department of Planning Services)
17. The landscaping on site shall be maintained in accordance with the approved landscape plan.
(Department of Planning Services)
18. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
19. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
20. Personnel from the Weld County Departments of Public Health and Environment,Planning Services
and Public Works 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.
21. 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.
22. 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 Bryant Gimlin.
VOTE:
For Passage Against Passage
Michael Miller
Bryant Gimlin
Cathy Clamp
John Folsom
Luis Llerena
Bruce Fitzgerald
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 April 16, 2002.
Dated the 16'"of April, 2002.
Voneen Macklin
Secretary
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