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RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1458 FORA MINERAL RESOURCE DEVELOPMENT FACILITY,INCLUDING
AN OIL AND GAS SUPPORT AND SERVICE FACILITY, IN THE A (AGRICULTURAL)
ZONE DISTRICT - KENNETH SHANNON
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 1st day of
September,2004,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Kenneth Shannon, P.O. Box 843, Brighton, Colorado 80601,for a Site Specific
Development Plan and Use by Special Review Permit#1458 for a Mineral Resource Development
Facility, including an Oil and Gas Support and Service Facility, in the A(Agricultural)Zone District
on the following described real estate, to-wit:
Part of the NW1/4 of Section 29, Township 1 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 recommendations 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.B.1 --The proposed use is consistent with Chapter22 and
any other applicable Code provisions or ordinances in effect.
1) Section 23-2-30.A.1 -The proposed Site Specific Development Plan
and Use by Special Review Permit#1458 for a Mineral Resource
Development Facility (oil and gas support and services) in the
A(Agricultural)Zone District is consistent with Article XII,Coordinated
Planning Agreement for the City of Fort Lupton. Section 19-12-50,
titled Planning Coordination states,"This Agreement is intended to be
a Comprehensive Development Plan adopted and implemented
pursuant to Section 29-20-105(2),C.R.S. Following the execution of
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SPECIAL REVIEW PERMIT#1458 - KENNETH SHANNON
PAGE 2
this Agreement by both parties,County Development approvals in the
municipality's Referral Area will be processed and determined in
accordance with the following: Section 19-12-50.6- Development
outside Urban Growth Area, states, "To the extent legally possible,
the County will disapprove proposals for Urban Development in areas
of the Municipal Referral Area outside the Urban Growth Area." This
application was reviewed utilizing the definitions outlined in the
Intergovernmental Agreement(IGA)for the City of Fort Lupton,and
the Board finds this application to be non-urban development. The
use is one which has been historically allowed in the A(Agricultural)
Zone District with a Use by Special Review Permit, and it does not
demand urban services.
b. Section 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses.
c. 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.
d. Section 23-2-230.6.7 -- 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 Kenneth Shannon for a Site Specific Development Plan and
Use by Special Review Permit#1458 fora Mineral Resource Development Facility, including an Oil
and Gas Support and Service Facility, 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 applicant shall submit a revised Landscape/Screening Plan for review
and approval to the Department of Planning Services addressing the
concerns in the referral received January 19,2004,from Kim Ogle, Planning
Manager.
B. The applicant shall submit a maintenance plan in accordance with
Section 23-2-250.B.7 of the Weld County Code to the Department of
Planning Services for review and approval.
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C. The applicant shall submit a Dust Abatement Plan for review and approval,
to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment.
D. The applicant shall submit evidence to the Department of Planning Services,
from the Colorado Division of Water Resources,demonstrating that the well
is appropriately permitted for the commercial use.
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. 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. In accordance with the Underground and Above Ground Storage Tank
Regulations(7 CCR 1101-14)a spillage retention berm shall be constructed
around the oil or fuel tanks. 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. Alternately, the applicant can provide
evidence from the Colorado Department of Labor and Employment
(CDL&E), Oil Inspection Section, that they are not subject to these
requirements. Evidence of approval from the Department of Public Health
and Environment shall be provided to the Department of Planning Services.
G. Section 23-3-250.A.1 of the Weld County Code states that users of land shall
provide and maintain stormwater retention facilities designed to retain the
stormwater runoff in excess of historic flow from the undeveloped site. The
storm water retention facility on a developed site shall be designed for a
100-year storm. The stormwater retention facility shall be designed and
operated to release the retained water at a quantity and rate not to exceed
the quantity and rate of a five-year storm falling on the undeveloped site. The
application materials state that the stormwater will run into a Union Pacific
Railroad right-of-way. The Union Pacific Railroad, in its referral received
January 26, 2004, stated it "will not allow the use of the right-of-way as a
detention pond or site for storage of waste motor oil in AST's (approved
above ground storage tanks). Any development of the adjacent property
must include the location of the detention ponds and AST's off of Railroad
property." The applicant shall provide the Department of Planning Services
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with evidence that a solution has been reached to the satisfaction of the
Department of Public Works.
H. The applicant shall attempt to meet with the Weld County Sheriffs Office to
discuss the Crime Prevention Through Environmental Design Program.
This program reduces the likelihood of criminal activity at a specific location
by hardening it to crime.
The applicant shall attempt to address the requirements and concerns of the
Greater Brighton Fire Protection District, as stated in the referral response
dated January 16,2004. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services.
J. The applicant shall attempt to address the requirements and concerns of the
City of Fort Lupton, Planning Department,as stated in the referral response
dated February 10,2004. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services.
K. The West Adams 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.
L. The applicant shall enter into an Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate collateral
for all transportation (access drive, parking areas, etcetera) and non-
transportation(plant materials,fencing,screening,water,signage etcetera).
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.
Or the applicant may submit evidence that all the work has been completed
and approved by the Departments of Planning Services and Public Work.
M. The plat shall be amended to delineate the following:
1) All plats shall be labeled USR-1458.
2) The Use by Special Review plat shall be prepared in accordance with
Section 23-2-260.D of the Weld County Code.
3) The attached Development Standards.
4) Weld County Road 27 is designated on the Weld County
Classification Plan as a collector status road which requires an
80-foot right-of-way at full build out. There is presently a 60-foot
right-of-way. A total of 40 feet from the centerline of Weld County
Road 27 shall be delineated on the plat as right-of-way reservation for
future expansion of Weld County Road 27. This road is maintained
by Weld County.
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5) Both access points onto Weld County Road 27 shall be located to
match with the existing access on the west side of Weld County
Road 27. The access points shall have a width of at least 24 feet
and have adequate turning radiuses to accommodate two-way traffic.
Written evidence of an approved access configuration from the
Department of Public Works shall be provided to the Department of
Planning Services.
6) The access gates shall be set back from Weld County Road 27 and
fenced at the future right-of-way line creating additional space for
customers or employees to pull off Weld County Road 27 if the gate
is not open.
7) The north approach shall be paved from the existing asphalt on Weld
County Road 27,with adequate turning radiuses through the gate for
approximately 50 feet. The south approach shall be paved adjacent
to Weld County Road 27,with adequate turning radiuses through the
gate to the office area with a small parking lot to accommodate up to
six visitors or customers. The parking lot shall conform to all
standards of the Americans with Disability Act.
8) Off-street parking spaces shall be surfaced with gravel, recycled
asphalt, or the equivalent and shall be graded to prevent drainage
problems. Each parking space shall be equipped with wheel guards
or curb stops, where needed, to prevent vehicles from extending
beyond the boundaries of the spaces,and from coming into contact
with other vehicles, walls, fences, or plantings.
9) The proposed facility has office,warehouse,and storage uses. The
parking requirement for office uses is one space for every two
employees,plus one space per 500 square feet. The area delineated
on the drawings submitted is 2,800 square feet, with written
documentation stating that the number of employees on the
premises will be five (5), therefore nine (9) parking spaces are
required for the office area. The warehouse area requires one (1)
space for every 1,000 square feet of area. The area delineated on
the drawings submitted is 40,000 square feet, therefore, forty (40)
spaces are required, plus one for every three (3) employees. The
application materials state the numbers of individuals utilizing the site
daily is fifteen (15). Per Code, the total number of parking required
for this facility is forty-nine (49) parking spaces, of which one (1)
must meet the requirements of the Americans with Disabilities Act.
Given the number of employees for this facility, staff will require
twenty(20)parking spaces,including the Americans with Disabilities
Act parking space.
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10) The location of the loading zone shall be in compliance with
Section 23-4-50 of the Weld County Code and be delineated on the
plat for review and approval by the Departments of Public Works and
Planning Services.
11) Section 23-3-250.A.6 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 all adjacent
properties. These areas shall be designed and used in a manner
that will prevent trash from being scattered by wind or animals.
12) Section 23-3-250.A.9 of the Weld County Code addresses outside
storage. Uses involving outdoor storage of vehicles, equipment, or
materials when permitted, shall be screened from public
rights-of-way and all adjacent properties. The application materials
and supporting drawings do not indicate that a fence is located at the
perimeter of the property. Given the nature of this proposed
business,a perimeter opaque fence is required. The applicant shall
submit documentation as to how the outside storage will be screened
from public rights-of-way and all adjacent properties for review and
approval.
13) Should exterior lighting be a part of this facility, all light standards
shall be delineated on the Site Plan Review plat for review and
approval by the Department of Planning Services.
14) The plat shall delineate a ten(10)foot wide utility easement around
the perimeters of the properties.
15) The applicant shall address the site distance at both driveways
associated with the Stutz and Sipres properties for adequate site
distance in both directions.
16) An easement for ingress and egress shall be shown on the plat
consistent with the historical use on the north side of the property
owned by Richard A. and Nancy J. Stutz, 1752 Weld County
Road 27, Brighton, Colorado 80601.
N. 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
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date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee.
3. 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.
4. Prior to Building Permit:
A. The applicant shall submit evidence of a Colorado Discharge Permit
System, or CDPS permit, from the Colorado Department of Public Health
and Environment (DCPS&E), Water Quality Control Division, to satisfy
requirements as delineated in 5 CCR-1002-61. Alternately,the applicant can
provide evidence from the CDPH&E that they are not subject to the CDPS
requirements.
B. Scaled elevational drawings of the structures shall be provided to the
Department of Building Inspection. The setback and offset distances shall
be verified given the existing proposed site conditions. Evidence of
compliance shall be submitted to the Department of Planning Services.
5. Prior to Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed facilities,
and shall be installed according to the Weld County Individual Sewage
Disposal System (I.S.D.S.) Regulations.
B. The septic system(s)is/are required to be designed by a Colorado registered
professional engineer according to the Weld County I.S.D.S. Regulations.
6. The Use by Special Review activity shall not occur, nor shall any Building or
Electrical Permits be issued, until the Use by Special Review plat is ready to be
recorded in the office of the Weld County Clerk and Recorder.
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 1st day of September, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
Liiitadh LD COUNTY,, SOLORADO
Robert D. Masden, Chair
Jerk to the BoarIto O
William H. Je e, Pro`Tem
q ,p.-•' Clerk to e Board �r
ile
A DAST0F
David . Lony
ounty Atto ney
Glenn Vaad
Date of signature: SI,fre
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KENNETH SHANNON
USR#1458
1. The Site Specific Development Plan and Use by Special Review Permit #1458 is for a
Mineral Resource Development Facility, including an Oil and Gas Support and Service
Facility,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. Hours of operation are from 6:30 a.m. to 5:00 p.m. as stated in the application materials.
4. The site is limited to no more than five(5)employees as stated in the application materials.
5. Uses shall be located,designed,and operated in accordance with the air quality standards
established by the Colorado Air Pollution Control Commission. The applicant shall meet the
established standards set by the Weld County Department of Public Health and
Environment.
6. Property shall be maintained in such a manner that grasses and weeds are not permitted
to grow taller than twelve(12)inches. In no event shall the property owners allow the growth
of noxious weeds.
7. 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.
8. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct nor reflected light from any light
source may create a traffic hazard to operators of motor vehicles on public or private
streets. No colored lights may be used which may be confused with or construed as traffic
control devices.
9. The historical flow patterns and run-off amounts will be maintained on the 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.
10. 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.
11. The applicant shall operate in accordance with the approved Waste Handling Plan.
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12. 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 solid waste in the Solid Waste
Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
13. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
14. 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.
15. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial
Zone District.
16. Adequate hand washing and toilet facilities shall be provided for employees and visitors.
17. Any septic system located on the property must comply with all provisions of the Weld
County Code pertaining to Individual Sewage Disposal Systems.
18. The applicant shall comply with all provisions of the Underground and Above Ground Storage
Tank Regulations (7 CCR 1101-14).
19. 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.
20. A permanent, adequate water supply shall be provided for drinking and sanitary purposes
(commercial well).
21. If applicable,the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
22. 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.
23. The landscaping on the site shall be maintained in accordance with the approved
Landscape/Screening Plan.
24. 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.
25. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
26. The applicant shall permit the neighbor access to the existing septic system for
maintenance purposes. When the septic system fails the new septic system shall be
placed on the respective lot.
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27. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
28. 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.
29. 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.
30. 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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