HomeMy WebLinkAbout20040024.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephen Mokray, along with the a ddition o f C ondition o f A pproval I and I anguage a dded t o
Development Standard #3, 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: AmUSR-1216
APPLICANT: Lance Messinger
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot B of RE-2235; part of the E2 Section 31, T3N, R66W of the 6th P.M., Weld
County, Colorado.
REQUEST: Site Specific Development Plan and Special Use Permit for mineral resource
development facilities including Oil and Gas Support and Service (Storage &
Repair of downhole oil field tools) in the A(Agricultural)Zone District.
LOCATION: West of and adjacent to CR 25 '/2; approximately 800 feet south of CR 28.
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.1 of the Weld
County Code states, "Conserve agricultural land for agricultural purposes which foster the
economic health and continuance of agriculture." The site is located on 9 acres and has an
existing oil and gas support facility at the southern end of the parcel. The site is too small to
be considered productive agricultural land.
B. Section 23-2-220.A.2 --The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Section 23-3-40A.2 of the Weld County Code provides for oil and gas support
and service as a Use by Special Review 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 area consists of an existing commercial facility
(USR-1385— Hallmark Trailers)to the south, farmground and two single family residences to
the west, State Highway 85 to the east and vacant land to the north. Conditions of approval
and Development Standards ensure that the proposed use will remain compatible with
surrounding land uses.
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 site is located outside of the Intergovernmental Agreement Area but within
the 3-mile referral area of the Town of Platteville. The Town of Platteville Planning & Zoning
Commission, in their referral received October 16, 2003, indicated no conflict with their
interests.
E. Section 23-2-220.A.5 --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)
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 site is designated as
"prime"on the 1979 USDA Prime Farmlands of Weld County map. However, the site is only 9
acres in size and has the existing oil and gas support facility approved under USR-1216 on
the southern end of the property.
2004-0024
Resolution AmUSR-1216
Lance Messinger
Page 2
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 shall submit a detailed signage plan to the Weld County Department of
Planning Services. (Department of Planning Services)
B. The applicant shall either submit to the Weld County Department of Planning Services a
copy of an agreement with the properties mineral owners stipulating that the oil and gas
activities have adequately been incorporated into the design of the site or show evidence
that an adequate attempt has been made to mitigate the concerns of the mineral owners.
(Department of Planning Services)
C. The applicant shall provide written evidence to the Department of Planning Services that
they have an adequate&authorized water source for irrigation of existing and proposed
landscaping. (Department of Planning Services)
2. Prior to recording the plat:
A. The plat shall be labeled AMUSR-1216 (Department of Planning Services)
B. The plat shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning Services)
2. The approved Landscape and Screening plan. (Department of Planning Services)
3. Vehicle loading areas and parking areas shall be indicated. (Department of
Planning Services)
4. The accesses onto County Road 25 1/2 shall be shown as approved by the
Department of Public Works. (Department of Public Works)
C. The applicant shall provide two septic system envelopes for each existing and proposed
septic system. A map depicting the location of the envelopes shall be provided to the
Weld County Department of Public Health & Environment for review and approval.
Evidence of Health Department of approval shall be submitted to the Department of
Planning Services. Once approved the envelopes shall be recorded on the USR plat.
(Department of Public Health & Environment)
D. 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.
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).
Resolution AmUSR-1216
Lance Messinger
Page 3
Evidence of Health Department approval shall be submitted to the Department of
Planning Services. (Department of Public Health & Environment)
E. The applicant shall attempt to address the requirements of the Platteville/Gilcrest Fire
District as stated in their referral received October 20, 2003. Evidence of such shall be
submitted to the Department of Planning Services. (Platteville/Gilcrest Fire District)
F. The West Greeley 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. (West Greeley Soil Conservation District)
G. The applicant shall submit a revised Landscape and Screening Plan for review and
approval to the Department of Planning Services. The Landscape and Screening Plan
shall address screening of outdoor storage of vehicles and equipment from adjacent
properties and public rights-of-way(County Road 25 1/2 and U.S. Highway 85).
(Department of Planning Services)
H. The applicant is proposing 4 new access points under this Amended Use by Special
Review application. The application indicates that the proposed expansion is for the
existing business (Rocky Mountain Oil Tools)and no indication is given that the proposed
additional buildings will be leased out to other companies. The applicant shall therefore
redesign the vehicle circulation area so that the existing warehouse and offices
interconnects with the proposed warehouse facilities. The Department of Public Works,
in their referral received October 29, 2003, indicated that too many access points were
indicated for the facility. A revised access plan shall be submitted to the Department of
Public Works for review and approval. Evidence of Public Works approval shall be
submitted to the Department of Planning Services. The amount of accesses onto County
Road 251/2 shall be shown as approved by the Department of Public Works. (Department
of Public Works)
The applicant shall submit a private improvements agreement for review and approval by
the Board of County Commissioners. The collateral shall be accepted prior to recording
the plat
J. 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. 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)
4. 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 mapsa,co.weld.co.us. (Department of Planning Services)
5. Prior to operation:
A. A building permit shall be obtained prior to the construction of the storage/repair shop
building. A plot plan shall be submitted showing all structures with accurate distances
between structures, and from structures to all property lines. (Department of Building
Inspection)
Resolution AmUSR-1216
Lance Messinger
Page 4
B. A plan review is required for the storage/repair shop building. Plans for the shop shall
include a floor plan and a complete description of the extent of the work that will be done
to service or repair equipment. An engineered foundation, based on a site-specific
geotechnical report or an open hole inspection performed by a Colorado registered
engineer, is required. Unless exempted by State Law, plans for the building shall bear the
wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are
required when applying for each permit. (Department of Building Inspection)
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)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Lance Messinger
AMUSR-1216
1. The Site Specific Development Plan and Special Use Permit is for mineral resource development
facilities including Oil and Gas Support and Service(storage&repair of downhole oil field tools)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. The application does not propose any portion of the site to be leased to another party. In the event
that a portion of the building is proposed to be leased to another party in the future,the applicant shall
submit a copy of the lease agreement and information regarding the proposed use of the leased
portion to the Weld County Attorney's office,Weld County Building Inspection Department,Platteville
Fire Protection District and the Department of Planning Services for review. Based upon the
proposed use and/or impacts of the leased portion,the Department of Planning Services may require
a new or amended Use by Special Review application. (Department of Planning Services)
4. A site plan review application shall be required prior to construction of the future office facility and the
proposed future warehouse facility at the north end of the site (Department of Planning Services)
5. Hours of operation are from 7:00 a.m. to 5:00 p.m., Monday through Friday, as indicated in the
application materials. (Department of Planning Services)
6. All outside storage must be screened with an opaque material from adjacent properties and public
rights-of-way. (Department of Planning Services)
7. A trash receptacle must be provided and must be screened from all adjacent properties and public
rights-of-way. (Department of Planning Services)
8. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases,diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
9. 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)
10. No permanent disposal of wastes shall be permitted at this site. (Department of Public Health and
Environment)
11. 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)
12. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
13. 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. (Department of Public Health and Environment)
14. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
15. In the event the facility's water system serves more then 25 persons on a daily basis the water system
shall comply with the requirements for non-community water system as defined in the Colorado
Primary Drinking Water Regulations(5 CCR 1003-1).(Department of Public Health and Environment)
Resolution AmUSR-1216
Lance Messinger
Page 2
16. The water source for this USR is a groundwater well. Due to the minimal number of people it
serves the well is not regulated for quality. Groundwater may not meet all drinking water
standards as defined by the Colorado Department of Public Health and Environment.
Groundwater should be periodically tested to ensure its quality. (Department of Public Health and
Environment)
17. Adequate toilet facilities shall be provided for employees and patrons of the facility. (Department of
Public Health and Environment)
18. 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)
19. No landscaping(i.e.planting of trees and shrubs)or construction(i.e auxiliary structures,dirt mounds,
etc.) shall be located in the designated septic system envelopes. (Department of Public Health and
Environment)
20. Should the"Future Office Addition"be constructed, it shall be served by a septic system that meets all
requirements of the Weld County Code. (Department of Public Health and Environment)
21. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 1997 Uniform Building
Code; 1998 International Mechanical Code; 1997 International Plumbing Code; 2002 National •
Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection)
22. Fire resistance of walls and openings, construction requirements, height and allowable areas will
be reviewed at the plan review. Setback and offset distances shall be determined by Chapter 23
of the Weld County Code. (Department of Building Inspection)
23. Building height shall be measured in accordance with the 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 27 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. (Department of Building
Inspection)
24. Effective January 1, 2003, building permits issued on the site will be required to adhere to the fee
structure of the County Road Impact Program. (Ordinance 2002-11)
25. The I andscaping o n sites hall b e maintained i n a ccordance with the a pproved Landscape and
Screening Plan. (Department of Planning Services)
26. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of
exploration development,completion,recompletion,re-entry,production and maintenance operations
associated with existing or future operations located on these lands. (Department of Planning
Services)
27. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
28. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
29. Personnel from 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.
Resolution AmUSR-1216
Lance Messinger
Page 3
30. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all a pplicable Weld County regulations. S ubstantial changes from the plans o r
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.
Motion seconded by Bryant Gimlin
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Tim Tracy
Doug Ochsner
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 November 18, 2003.
Dated the 18th of November, 2003.
Ort WA- XYYjcLui�
Voneen Macklin
Secretary
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