HomeMy WebLinkAbout20040025.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Lance Messinger Case Number AMUSR-1216
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
Department of Planning Services Field Check Form X
Letter to Applicant X
Legal Notifications X
2 Application X
Maps X
Deed/Easement Certificate X
Surrounding Property/Mineral Owners X
Utilities X
3 Referral List X
Referrals without comment X
Weld County School District RE-1 referral received 9/30/2003 X
Town of Platteville referral received 10/16/2003 X
4 Referrals with comments X
Weld County Department of Public Works referral received 10/29/2003 X
Weld County Department of Public Health and Environment referral received X
10/23/2003(2 pages)
Weld County Department of Building Inspection referral received 10/17/2003 (3 X
pages)
Weld County Zoning Compliance Officer referral received 9/23/2003 X
West Greeley Soil Conservation District referral received 10/2/2003(3 pages) X
Colorado Department of Transportation referral received 10/27/2003 X
Platteville/Gilcrest Fire Protection District referral received 10/20/2003 (2 pages) X
Platteville/Gilcrest Fire Protection District referral received 11/12/2003 X
5 Surrounding Property Owners/Mineral Owners -Letters
6 PC Exhibits
6A Planning Commission Sign Posting Photograph X
6B Planning Commission Sign Posting Affadavit X
6C Amended Special Review 1216 Exhibit Map X
7 Planning Commission Resolution
I hereby certify that the 18 items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Board of County Commissioners hearing.
2004-0025
I Chris Gathman + Planner
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COLORADO LAND USE APPLICATION
SUMMARY SHEET
Case Number: AMUSR-1216 Hearing Date: November 18, 2003
Applicant: Lance Messinger Address: 12160 County Road 251/2,
Fort Lupton, CO 80621
Request: A Site Specific Development Plan and an Amended Special Review 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
Legal Description: Lot B RE-2235; Part of the E2 Section 31, Township 3 North, Range 66 West of
the 6th P.M., Weld County, Colorado
Location: East of and adjacent to County Road 25 1/2, approximately 800 feet south of
County Road 28.
Size of Parcel: +/-9 acres
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received responses from the following agencies:
• Weld County Zoning Compliance, referral received 9/23/2003
• Weld County Department of Public Health and Environment, referral received 10/16/2003
• Weld County Department of Public Works, referral received 10/29/2003
• Weld County Department of Building Inspection, referral received 10/17/2003
• Platteville/Gilcrest Fire Protection District, referral received 10/20/2003
• Weld County School District RE-1, referral received 9/30/2003
• West Greeley Soil Conservation District, referral received 10/2/2003
• Colorado Department of Transportation, referral received 10/27/2003
• Town of Platteville, referral received 10/16/2003
AMUSR-1216 Messinger)
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W�`� 0 • SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
COLORADO
Planner: C. Gathman
Case Number: AMUSR-1216 Hearing Date: November 18, 2003
Applicant: Lance Messinger Address: 12160 County Road 251/2,
Fort Lupton, CO 80621
Request: A Site Specific Development Plan and an Amended Special Review 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
Legal Description: Lot B, RE-2235; Part of the E2 Section 31, Township 3 North, Range 66 West of
the 6th P.M., Weld County, Colorado
Location: East of and adjacent to County Road 251/2, approximately 800 feet south of
County Road 28
Parcel Size: +/- 9 acres Parcel Number: 1211 31 100052
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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 Department of Planning Services' staff 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.
AMUSR1216 Messinger 2
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.
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 Department of Planning Services'staff 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)
AMUSR-1216 Messinger3
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).
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
AMUSR1216 Messinger4
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 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)
i
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 maoseco.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)
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)
AMUSR-1216 Messinger5
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 Attorneys 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.
(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)
AMUSR1216 Messinger 6
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)
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)
AMUSR-1216 Messinger7
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 landscaping on site shall be maintained in accordance with the approved 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.
30. 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.
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.
•
AMUSR1216 Messinger 8
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11 DEPARTMENT OF PLANNING SERVICES
r�� PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
1555 N. 17TH AVENUE
ik GREELEY, COLORADO 80631
COLORADO
September 22, 2003
Lance Messinger
do Tiffane Moore
Landmark Planners and Engineers
3521 W Eisenhower Blvd
Loveland CO 80537
Subject: AmUSR-1216- Request fora 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 on a parcel of land described as Lot B of RE-2235;part of the E2
Section 31,T3N, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are being processed. I have scheduled a meeting
with the Weld County Planning Commission for November 18, 2003, at 1:30 p.m. This meeting will take place at the
Southwest Weld County Complex, 4209 CR 24 Y, Longmont, Colorado. It is recommended that you and/or a
representative be in attendance to answer any questions the Planning Commission members may have.
It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado
Revised Statute,C.R.S.24-65.5-103(adopted as part of H.B.01-1088)requires notification of all mineral estate owners
30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written
certification indicating the above requirements have been met.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property
or if the property is located within the comprehensive planning area of a town or municipality. Therefore,our office has
forwarded a copy of the submitted materials to the Platteville Planning Commission for their review and comments.
Please call Platteville at (970) 785-2245 for further details regarding the date, time, and place of this meeting. It is
recommended that you and/or a representative be in attendance at the Platteville Planning Commission meeting to
answer any questions the Commission members may have with respect to your application.
A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the
hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing
time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way,one sign
will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway
(access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County
Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It
is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission
hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,X �G��A
hris Gathman IVVyII
"" Planner
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A PUBLIC HEARING CONCERNING
;-:-. . 4 �. THIS PROPERTY WILL BE HELD AT:
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FOR MORE INFORMATION CALL ---
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' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS: Nokiw.A.6237 0 , ZCO3. THE SIGN SHALL BE
POSTED A.CJACENTTO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, IN THE
EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A
PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL
POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POSTA SECOND SIGN
AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED
ROAD RIGHT-OF-WAY.
•
I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE
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PROPERTY AT LEAST 10 DAYS BEFORE THE BOARD OF COUNTY COMMISSIONER'S HEARING FOR
t41"� USR- + Z4 {o . THE SIGN WAS POSTED BY: .
NAME OF PERSON POSTING SIGN
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SIGNATURE FOR PERSON FQSTNG SIGN
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STATE OF COLORADO)
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COUNTY OF WELD )
SUBSCRIBED AND SWORN TO ME THIS (1 7 DAY OF AJC_IrtheY ZSZL.
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MY COMMISSION EXPIRES: IL\
THIS FORM SHALL BE PLACES: IN THE AFFR;;PRIA.i E FILE FOR THE ABOVE CASE.
EXHIBIT
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FIELD CHECK inspection date: 11/7/03
CASE NUMBER: AMUSR-1216
APPLICANT: Lance Messinger
LEGAL DESCRIPTION: Lot B RE-2235; Part of the E2 31-3-66
LOCATION: East of and adjacent to CR 25 '/z , Approx. 600 feet south of
CR 28
Zoning Land;.Use
N A (Agricultural) N Vacant Land
E A (Agricultural) E Highway 85
S A (Agricultural) S Existing Business (Hallmark trailers)
W A (Agricultural) W Agland (two single family residences to
SW and NW)
COMMENTS:
* South end of site consists of existing business approved under USR-1216.
* Remainder of site to the north is vacant land.
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Chris Gathman, Current Planner
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