HomeMy WebLinkAbout971922.tiffBEFORE THE WELD COUNTY , COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Arlan Marrs that the following resolution, with the amendments to Condition of Approval #2 and
Development Standard #2, 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: 2ndAmUSR-894
APPLICANT: Kauffman Land & Development
ADDRESS: 1675 Broadway, Suite 1970
Denver, CO 80202
PLANNER: Scott L. Ballstadt
REQUEST: An Amendment to a Site Specific Development Plan and a Special Review Permit for a two
acre increase of an existing oil and gas support and service operation and contractor's shop
for vehicle and equipment maintenance relating to those activities, as well as the construction
of an addition to the existing shop building, the construction of an additional shop building and
the construction of a permanent office to replace the existing mobile home.
LEGAL DESCRIPTION: Lot A of RE -1921, and being part of the SE4 of Section 9, T2N, R67W of the 6th P.M.,
Weld County, Colorado.
LOCATION: North of and adjacent to Weld County Road 22; west of and adjacent to Weld County Road
19.
SIZE OF PARCEL: 5 acres PARCEL NUMBER: 131109000063
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 24.7 of the
Weld County Zoning Ordinance, as amended.
2. It is the opinion office Department of Planning Services' staff that the applicant has shown compliance
with Section 24.3 of the Weld County Zoning Ordinance, as amended, as follows:
A. Section 24.3.1.1— This proposal is consistent with the Weld County Comprehensive Plan, as
amended. The proposal is for a two acre increase of an existing oil and gas support and
service operation and contractor's shop for vehicle and equipment maintenance relating to
those activities, as well as the construction of an addition to the existing shop building, the
construction of an additional shop building and the construction of a permanent office to
replace the existing mobile home. The proposed addition is to provide additional space for
existing operations, not to increase the intensity of the activity or to add supplemental
activities. This is consistent with Agricultural Goal and Policy 5 of the Weld County
Comprehensive Plan which states the extraction of mineral and oil and gas resources should
preserve or minimize the impact on prime agricultural land. The proposed additional two
acres are dryland, sandy soils which are not prime farm ground and are not currently in
production. The proposal is also consistent with UGB.Goal 2 which states that urban
development shall be concentrated in or adjacent to existing municipalities. This proposal is
located within the Town of Firestone's Urban Growth Boundary.
971922
EXHIBIT
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RESOLUTION, 2ndAmUSR-894
Kauffman Land & Development
Page 2
B. Section 24.3.1.2 — 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 including oil and gas support and service in the A District of the Weld
County Zoning Ordinance, as amended.
C. Section 24.3.1.3 — The proposal is consistent with Section 24.3.1.3 of the Weld County Zoning
Ordinance, as amended and will be compatible with the existing surrounding land uses. The
surrounding properties are zoned agricultural and include the following uses: open range land
to the north and south, and existing turkey facility to the east, and one residence
approximately ''% mile to the west Conditions of approval and development standards ensure
that the proposed uses will remain compatible with the existing surrounding land uses.
D. Section 24.3.1.4 — 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 site is located within the Town of Firestone's Urban Growth Boundary and
the Tri-Area I.G.A. boundary. Although the Town of Firestone is requesting that the applicant
execute an annexation agreement pursuant to Section 4.3(b) of the IGA, the Weld County
Board of Commissioners indicated during the review of USR-1151, dated July 30, 1997, that
Section 4.3(b) is not intended to apply to applications for the expansion of an existing use.
It is staffs opinion that the concerns received from the Town of Firestone and the Weld
County Health and Public Works Departments will be addressed by the conditions of approval
and development standards placed upon this application.
E. Section 24.3.1.5 — The proposal is located within the Town of Firestone's Urban Growth
Boundary area as delineated in the Intergovernmental Agreement Area. The site is not
located within any other Overlay District Areas identified by maps officially adopted by Weld
County.
F. Section 24.3.1.6 — The site is not classified as prime agricultural land. The proposed
additional two acres are dryland, sandy soils and are currently not in production.
G. Section 24.3.1.7 —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 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's recommendation for approval is conditional upon the following:
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 Weld County Board of Commissioners.
971 27,?
RESOLUTION, 2ndAmUSR-894
Kauffman Land & Development
Page 3
2. The amended 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.
3. Prior to recording the plat the applicant shall address the following conditions:
A. The oil tank which is currently being utilized as a sign at the corner of the site is considered
a structure as defined in Section 10 S of the Weld County Zoning Ordinance, as amended.
The applicant shall submit evidence to the Department of Planning Services that this structure
has either been removed or has been made to comply with requirements set forth in the Weld
County Zoning Ordinance, including required zoning setbacks, offsets and Section 42 Sign
regulations, as well as meeting requirements set forth in the Weld County Building Code
Ordinance. (Planning & Public Works)
B. The applicant shall submit a screening plan to the Department of Planning Services for
approval. The plan shall be in accordance with Section 24.5.1.10 of the Weld County Zoning
Ordinance, as amended, and include a specific implementation schedule. (Planning)
C. The applicant shall submit a parking plan to the Department of Planning Services for review
and approval by the Public Works Department. The plan shall conform to Section 41 of the
Weld County Zoning Ordinance, as amended, and include a specific implementation
schedule. The plat shall be amended to include the approved parking plan. (Planning &
Public Works)
D. The applicant shall submit a storm water drainage study and plan to the Weld County Public
Works Department for approval. The plan shall conform to Section 10.12 of the Weld County
Subdivision Ordinance and include a specific implementation schedule. The applicant shall
submit evidence of approval by the Public Works Department to the Department of Planning
Services. (Public Works)
E. The applicant shall submit evidence to the Department of Planning Services that the cross
culvert which flows under the existing access is cleared of all sand and debris restricting
storm -water run-off. (Public Works)
F. The applicant shall submit a wastewater discharge plan to the Weld County Health
Department for approval. (Health Dept.)
G. If applicable, an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application
must be submitted to the Air Pollution Control Division, Colorado Department of Health for
emissions of criteria, hazardous or odorous air pollutants. Sources of such emissions include
but are not limited to the following: sandblasting operations, mining, spray paint booths, dry
cleaners, haul road traffic, composting, boilers and incinerators. (Health Dept.)
4. Access shall be limited to the existing access on Weld County Road 22. No additional accesses will
be granted. (Public Works)
5. If and when applicant proceeds with the construction of a permanent office to replace the existing
mobile home, applicant shall have thirty (30) days from the Certificate of Occupancy date to remove
existing mobile home. (Planning)
Motion seconded by Fred Walker.
971922
RESOLUTION, 2ndAmUSR-894
Kauffman Land & Development
Page 4
VOTE:
For Passage Against Passage
Cristie Nickles
Fred Walker
Jack Epple
Rusty Tucker
Bruce Fitzgerald
Arlan Marrs
Glenn Vaad
The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of
this case to the Board of County Commissioners for further proceedings.
CERTIFICATION OF COPY
I, Tammie Pope, 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 August 5, 1997.
Dated the 5th of August, 1997
Tammie Pope
Secretary
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Kauffman Land and Development
2ndAmUSR-894
1. The Amendment to a Site Specific Development Plan and Special Use Permit is for an oil and gas
support and service operation and contractor's shop for vehicle and equipment maintenance relating
to those activities 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.
(Planning)
2. Approval of this plan may create a vested property right to the same extent available for a new site
specific Development Plan pursuant to Section 90 of the Weld County Zoning Ordinance, as amended
effective upon the date of approval by the Board of County Commissioners. (Planning)
3. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Health Dept.)
4. No permanent disposal of wastes shall be permitted at this site. (Health Dept.)
5. All waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Health Dept.)
6. Fugitive dust shall be controlled on this site. (Health Dept.)
7. The maximum permissible noise level shall not exceed the light industrial limit of 70 db(A), as
measured according to 25-12-102, Colorado Revised Statutes. (Health Dept.)
8. The applicant shall provide and maintain adequate toilet facilities for employees and the public. (Health
Dept.)
9. The septic system for the proposed office is required to be designed by a Colorado Registered
Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. The
septic system for the shop addition is required to be reviewed by a Colorado Registered Professional
Engineer. (Health Dept.)
10. Storage of materials, derelict vehicles and equipment shall be visually screened from all adjacent
properties and road rights -of -way. (Planning)
11. If and when applicant proceeds with the construction of a permanent office to replace the existing
mobile home, applicant shall have thirty (30) days from the Certificate of Occupancy date to remove
existing mobile home. (Planning)
12. All construction on the property shall be in accordance with the requirements of the Weld County
Building Code Ordinance. (Planning)
13. A spillage retention berm shall be required around the fuel tanks. The volume retained by the spillage
berm should be greater than the volume of the largest tank inside the berm. (Health Dept.)
14. All pesticides, fertilizer and other 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. (Health Dept.)
5719Z2
DEVELOPMENT STANDARDS, 2ndAmUSR-894
Kauffman Land & Development
Page 2
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. (Planning)
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. (Planning)
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. (Planning)
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. Major 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.
(Planning)
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. (Planning)
971522
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