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HomeMy WebLinkAbout972606.tiffRESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1168 FOR AN OIL AND GAS SUPPORT AND SERVICE (STORAGE OF HEAVY EQUIPMENT, AN OFFICE AND A SHOP FOR WELDING INCIDENTAL TO THE OPERATION WITH SIX EMPLOYEES) IN THE A (AGRICULTURAL) ZONE DISTRICT- FRANCISCO AND PATRICIA BARRON AND BERNICE GRIEGO 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 10th day of December, 1997, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Francisco and Patricia Barron and Bernice Griego, 15119 Nancy Avenue, Fort Lupton, Colorado 80621, for a Site Specific Development Plan and Special Review Permit #1168 for an Oil and Gas Support and Service (storage of heavy equipment, an office and a shop for welding incidental to the operation with six employees) in the A (Agricultural) Zone District, on the following described real estate, to -wit: Lot 5, Block 18, Aristocrat Ranchettes, located in Section 27, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said 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 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as follows: a. Section 24.4.2.1 -- This proposal is consistent with the Weld County Comprehensive Plan. The proposal is for outdoor storage of heavy equipment for J and L Oilfield Service, employee vehicle parking and the construction of a proposed shop with an office. Activities within the proposed and existing shops include welding which is incidental to the operation. The proposal is consistent with Agricultural Goal and Policy 1 of the Weld County Comprehensive Plan which is intended to preserve prime farmland for agricultural purposes. This proposal will not remove 972606 PL1232 C1' ; Pi>P j Gr[Eo/oarro J- SPECIAL REVIEW PERMIT #1168 - BARRON/GRIEGO PAGE 2 any prime farmland from production. Section 31.2.9 of the Weld County Zoning Ordinance establishes oil and gas production facilities as a Use Allowed by Right in the A (Agricultural) Zone District. This necessitates that support and service activities required by this Use by Right be allowed to locate appropriately. b. Section 24.4.2.2 -- This proposal is consistent with the intent of the A (Agricultural) Zone District. The Agricultural Zone District is intended to provide areas to conduct agricultural activities without the interference of other, incompatible land uses. The Agricultural Zone District is also intended to provide areas for the conduct of Uses by Special Review which have been determined to be more intense or to have a potentially greater impact than Uses Allowed by Right. This proposal is consistent with Section 31.4.1 Mineral Resource Development facilities, which includes oil and gas support and service in the A (Agricultural) Zone District of the Weld County Zoning Ordinance, as amended. c. Section 24.4.2.3 -- The proposal will be compatible with future development of the surrounding area. The surrounding properties are zoned for agricultural uses. d. Section 24.4.2.4 -- The proposed uses will be compatible with future development of the surrounding area as permitted by the A (Agricultural) Zone District and with the future development as projected by the Comprehensive Plan or Master Plan of affected municipalities. The City of Fort Lupton Planning and Zoning Commission reviewed the request and expressed concerns pertaining to compatibility with residential uses. However, the proposed use is provided for as a Use by Special Review in the Agricultural Zone District and would have minimal impacts on surrounding properties. Since the employees perform most of the work off -site, the proposed use is not intense and the traffic generated will be minimal. e. Section 24.4.2.5 -- The site is not located within any Overlay District Areas identified by maps officially adopted by Weld County. f. Section 24.4.2.6 -- The applicant has demonstrated a diligent effort to conserve productive agricultural land. The site is not currently being farmed and this proposal will not remove any farmland from production. Additionally, farming is not feasible due to the size of the parcel and surrounding parcels. 972606 PL1232 SPECIAL REVIEW PERMIT #1168 - BARRON/GRIEGO PAGE 3 g. Section 24.4.2.7 --The Design Standards (Section 24.5 of the Weld County Zoning Ordinance, as amended), Operation Standards (Section 24.6 of the Weld County Zoning Ordinance, as amended), 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 Francisco and Patricia Barron and Bernice Griego for a Site Specific Development Plan and Special Review Permit #1168 for an Oil and Gas Support and Service (storage of heavy equipment, an office and a shop for welding incidental to the operation with six employees) in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review Plat prior to recording the plat. The completed plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 30 days of approval by the Board of County Commissioners. 2. Prior to recording the plat: A. The following note shall be placed on the plat: "All proposed or existing structures will or do meet the minimum setback and offset requirements for the Agricultural Zone District." B. The applicant shall provide evidence that the existing culvert at the property access has been exposed and cleaned to accommodate any run-off that may occur per the Weld County Public Works Department referral response. 3. Any proposed addition to the existing mobile home (permitted by ZPMH #1957) shall be served by the individual sewage disposal system that is presently serving the mobile home. The Weld County Health Department requires that this system be brought into compliance and shall be installed according to the Weld County Individual Sewage Disposal System Regulations. 4. In accordance with the applicants' cistern permit (permit #002-95), the applicant shall obtain community water from the City of Fort Lupton. 5. Appropriate building permits shall be applied for and approved for proposed structures and any addition to the existing mobile home. 972606 PL1232 SPECIAL REVIEW PERMIT #1168 - BARRON/GRIEGO PAGE 4 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of December, A.D., 1997. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO / George' . Baxter, Chair nstance L. Harbert, pro-Tem Dale K. Hall EXCUSED Barbara J. Kirkmeyer APP EXCUSED W. H. Webster 972606 PL1232 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS FRANCISCO AND PATRICIA BARRON AND BERNICE GRIEGO USR #1168 1. The Site Specific Development Plan and Special Use Permit is for Oil and Gas Support and Service (storage of heavy equipment, an office and a shop for welding incidental to the operation with six employees) in the A (Agricultural) Zone District, as indicated in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance, as amended. 3. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. There shall be no disposal of liquid or solid wastes at this location. 4. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 5. Fugitive dust shall be controlled on this site. 6. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A), as measured according to Section 25-12-102, Colorado Revised Statutes. 7. All potentially hazardous chemicals must be stored and handled in a safe manner. Reference 25-8-205.5 Colorado Water Quality Control Act and Rules and Regulations thereof. 8. In accordance with Weld County Ordinance No. 172, upon the availability of water from the Aristocrat Ranchette Water Project or any other community water supply, the Weld County Health Department will not renew the cistern permit. At that time, the applicant shall obtain water from that water system and the cistern shall be abandoned. 9. The shop and office building shall be served by a permitted septic system. This system shall be designed by a Registered Professional Engineer. 10. A restroom facility shall be available for the employees in the proposed shop/office building. 11. There shall be no washing of commercial vehicles or equipment at this site. 12. Existing buffering of parking area as delineated on the site plan map shall be maintained at all times. Dead or diseased plant materials shall be replaced with materials of similar quantity and quality. 972606 PL1232 DEVELOPMENT STANDARDS - BARRON/GRIEGO (USR #1168) PAGE 2 13. Outdoor storage of vehicles and equipment shall be concentrated within the buffered parking area and shall be limited to six employee vehicles, four one -ton trucks with trailers and two backhoes as stated in the application materials. 14. The hours of operation on this site shall be 6 a.m. until 7 p.m. as indicated in the application materials on file in the Department of Planning Services. 15. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance, as amended. 16. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance, as amended. 17. Personnel from the Weld County Health Department and Weld County Department of Planning Services 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 hereon and all applicable Weld County regulations. 18. 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 Planning Commission 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. 19. 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. 972606 PL1232 Hello