HomeMy WebLinkAbout20040023.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT #1216 FOR MINERAL RESOURCE DEVELOPMENT FACILITIES,
INCLUDING OIL AND GAS SUPPORT AND SERVICE (STORAGE AND REPAIR OF
DOWNHOLE OIL FIELD TOOLS) IN THE A (AGRICULTURAL) ZONE DISTRICT -
LANCE 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 28th day of
January, 2004,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Lance Messinger, 12160 Weld County Road 25.5,Fort Lupton,Colorado 80621,
for a Site Specific Development Plan and Amended Use by Special Review Permit#1216 for Mineral
Resource Development Facilities,including Oil and Gas Support and Service(storage and repair
of downhole oil field tools)in the A(Agricultural)Zone District on the following described real estate,
to-wit:
Lot B of Recorded Exemption#2235;being part of the
E1/2 of Section 31, Township 3 North, Range 66
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Tiffane Moore, Landmark Planners and
Engineers, 3521 West Eisenhower Boulevard, 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 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 23-2-230.6 of the Weld County Code as follows:
a. Section 23-2-230.6.1 --The proposed use is consistent with Chapter 22 and
anyotherapplicable code provisions or ordinance in effect. Section 22-2-60
(A.Goal1)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 nine(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.
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SPECIAL REVIEW PERMIT#1216 - LANCE MESSINGER
PAGE 2
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 for oil and gas support and service 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 surrounding area consists of
an existing commercial facility(USR-1385—Hallmark Trailers)to the south,
farmground and two single family residences to the west, U.S. Highway 85
to the east, and vacant land to the north. The Conditions of Approval and
Development Standards ensure that the proposed use will remain
compatible with surrounding land uses.
d. Section 23-2-230.B.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
three-mile referral area of the Town of Platteville. The Town of Platteville
Planning and Zoning Commission,in its referral received October 16,2003,
indicated no conflict with its interests.
e. Section 23-2-230.B.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-Wide Road Impact
Program.
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. The site is designated as "prime" on the 1979 U.S.D.A. Prime
Farmlands of Weld County Map. However,the site is only nine (9)acres in
size and has the existing oil and gas support facility approved under
USR-1216 on the southern end of the property.
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 Lance Messingerfora Site Specific Development Plan and
Amended Use by Special Review Permit #1216 for Mineral Resource Development Facilities,
including Oil and Gas Support and Service (storage and repair of downhole oil field tools) in the
A (Agricultural) Zone District on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
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SPECIAL REVIEW PERMIT#1216 - LANCE MESSINGER
PAGE 3
1. Prior to recording the plat:
A. The plat shall be labeled AMUSR-1216.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The approved Landscape and Screening plan.
3) Vehicle loading areas and parking areas shall be indicated.
4) The accesses onto Weld County Road 25.5 shall be shown as
approved by the 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 and
Environment for review and approval. Evidence of approval by the
Department of Public Health and Environment shall be submitted to the
Department of Planning Services. Once approved, the envelopes shall be
recorded on the Amended Use by Special Review plat.
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 and Environment. Evidence of approval by the Department of
Public Health and Environment, stall 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 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).
E. The applicant shall attempt to address the requirements of the
Platteville/Gilcrest Fire District as stated in their referral received October20,
2003. Evidence of such shall be submitted to the Department of Planning
Services.
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.
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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
(Weld County Road 25.5 and U.S. Highway 85).
H. The applicant is proposing four(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 interconnect with
the proposed warehouse facilities. The Department of Public Works, in its
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 Weld County Road 25.5 shall be shown as
approved by the 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.
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. The Department of Planning Services respectively requests the surveyor provide a
digital copy of this Amended 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 maosOco.weld.co.us.
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4. 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.
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 bya 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.
5. The Amended Use by Special Review activity shall not occur,nor shall any Building
or Electrical Permits be issued, on the property until the Amended Use by Special
Review plat is ready to be recorded in the office of the Weld County Clerk and
Recorder.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 28th day of January, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
W LD OUNTY, CO ORADO
ATTEST: /a,
Robert D. Masden, Chair
: . ,� :ov..,.
Weld County Clerk to g �
' -,�-
O tZir William Jerke, Pro-Tem
BY: c& e
Deputy Clerk to the Bo�' � //"
M. eile
AP DASTO •
2�— Davi.-/ one
my Attor ey
Glenn Vaad
Date of signature: �
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SITE SPECIFIC DEVELOPMENT PLAN
AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LANCE MESSINGER
AMUSR#1216
1. The Site Specific Development Plan and Amended Use by Special Review Permit#1216 is
for Mineral Resource Development Facilities, including Oil and Gas Support and Service
(storage and 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.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
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,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 Department of
Building Inspection, 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.
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.
5. Hours of operation are from 7:00 a.m.to 5:00 p.m., Monday through Friday,as indicated in
the application materials.
6. All outside storage must be screened with an opaque material from adjacent properties and
public rights-of-way.
7. A trash receptacle must be provided and must be screened from all adjacent properties and
public rights-of-way.
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.
9. 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 forfinal disposal in a manner that
protects against surface and groundwater contamination.
10. No permanent disposal of wastes shall be permitted at this site.
11. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
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12. Fugitive dust shall be controlled on this site.
13. The facility shall adhere to the maximum permissible noise levels allowed in the Residential
Zone District as delineated in Section 25-12-103, C.R.S.
14. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.
15. Water for outdoor irrigation shall be provided by A and W Water Services or other off-site
water provider until either a well is provided for outdoor irrigation from the Colorado Division
of Water Resources, or public water is provided to the site.
16. 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).
17. The water source for this Amended Use by Special Review Permit 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.
18. Adequate toilet facilities shall be provided for employees and patrons of the facility.
19. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
20. 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.
21. Should the"Future Office Addition"be constructed,it shall be served by a septic system that
meets all requirements of the Weld County Code.
22. 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 (UBC); 1998 International Mechanical Code (IMC); 1997 International
Plumbing Code (IPC); 2002 National Electrical Code (NEC), and Chapter 29 of the Weld
County Code.
23. 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.
24. 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
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requirements. Offset and setback requirements are measured to the farthest projection
from the building.
25. Effective January 1, 2003, Building Permits issued on the site will be required to adhere to
the fee structure of the County-Wide Road Impact Program.
26. The landscaping on site shall be maintained in accordance with the approved Landscape
and Screening Plan.
27. 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.
28. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
29. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
30. 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.
31. The Amended 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.
32. 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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