HomeMy WebLinkAbout971989.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED
SPECIAL REVIEW PERMIT #894 FOR AN EXISTING OIL AND GAS SUPPORT AND
SERVICE OPERATION - KAUFFMAN LAND AND DEVELOPMENT
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 September, 1997, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Kauffman Land and Development, 1675 Broadway, Suite 1970,
Denver, Colorado 80202, for a Site Specific Development Plan and Second Amended Special
Review Permit #894 for an existing oil and gas support and service operation on the following
described real estate, to -wit:
Lot A of Recorded Exemption 1921, and being part
of the SE'/ of Section 9, Township 2 North, Range
67 West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Molly Sommerville, Attorney, at said
hearing, and
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:
Section 24.4.2.1 -- 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
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SPECIAL REVIEW PERMIT #894 - KAUFFMAN LAND AND DEVELOPMENT
PAGE 2
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.
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 including 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 is consistent with Section 24.4.2.3 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, an 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 24.4.2.4 --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 site
is located within the Town of Firestone's Urban Growth Boundary and the
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SPECIAL REVIEW PERMIT #894 - KAUFFMAN LAND AND DEVELOPMENT
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Tri-Area IGA 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 staff's 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 24.4.2.5 -- The proposal is located within the Town of Firestone's
Urban Growth Boundary area as delineated in the IGA. The site is not
located within any other Overlay District areas identified by maps officially
adopted by Weld County.
F. Section 24.4.2.6 -- 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 24.4.27 --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.
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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Kauffman Land and Development for a Site
Specific Development Plan and Special Review Permit #894 for an existing oil and gas support
and service operation on the hereinabove described parcel of land be, and hereby is, granted
subject to the following conditions:
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.
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SPECIAL REVIEW PERMIT #894 - KAUFFMAN LAND AND DEVELOPMENT
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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.
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.
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.
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.
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.
F. The applicant shall submit a wastewater discharge plan to the Weld
County Health Department for approval.
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,
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SPECIAL REVIEW PERMIT #894 - KAUFFMAN LAND AND DEVELOPMENT
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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.
H. The plat shall indicate an additional ten (10) feet of right-of-way
reservation for future expansion of Weld county Road 19 for a total of
forty (40) feet from the centerline of Weld County Road 19.
4. Access shall be limited to the existing access on Weld County Road 22. No
additional accesses will be granted.
5. If and when the 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by the
following vote on the 10th day of September, A.D., 1997.
ATTEST:
Weld County Clerk
BY
D-.uty Clerk to th
APPROV e ' S TO F
Barbara J. Kirkmeyer
y Attorne
BOARD OF COUNTY COMMISSIONERS
WELD C LINTY, COL DO
eorge E. Baxter, Chair
nstance L. Harbertr ro.Tem
Dale K. Hall
EXCUSED
i I) .�4 ;;
W. H. Webster
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KAUFFMAN LAND AND DEVELOPMENT
USR #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.
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.
All liquid and solid wastes shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination.
4. No permanent disposal of wastes shall be permitted at this site.
5. All waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions.
6. Fugitive dust shall be controlled on this site.
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.
8. The applicant shall provide and maintain adequate toilet facilities for employees and the
public.
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.
10. Storage of materials, derelict vehicles and equipment shall be visually screened from all
adjacent properties and road rights -of -way.
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.
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DEVELOPMENT STANDARDS - KAUFFMAN LAND AND DEVELOPMENT (USR #894)
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12. All construction on the property shall be in accordance with the requirements of the
Weld County Building Code Ordinance.
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.
14. All pesticides, fertilizer and other potentially hazardous chemicals must be stored and
handled in a safe manner. Reference Section 25-8-205.5 of the Colorado Water Quality
Control Act and Rules and Regulations thereof.
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. 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.
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.
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