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HomeMy WebLinkAbout972671.tiff_ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Christie Nickles that the following resolution 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: USR-1168 APPLICANT: Francisco & Patricia Barron/Bernice Griego ADDRESS: 15119 Nancy Avenue Ft. Lupton, CO 80621 PLANNER: Scott Ballstadt REQUEST: A Site Specific Development Plan and a Special Review Permit 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. LEGAL DESCRIPTION: Lot 5, Block 18, Aristocrat Ranchettes, located in Section 27, T2N, R66W of the 6th P.M., Weld County, Colorado P.M., Weld County, Colorado. LOCATION: 482' east of Weld County Road 31 and ' mile south of Weld County Road 18. 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 of the Planning Commission 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. The proposal is for outdoor storage of heavy equipment for J & 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 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 District. This necessitates that support and service activities required by this Use by Right be allowed to locate appropriately. 972671 � EXHIBIT U EXHIBIT • RESOLUTION, USR-1168 Francisco & Patricia Barron/Bernice Griego 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, which includes 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.will be compatible with future development of the surrounding area. The surrounding properties are zoned for agricultural uses as well. 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 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 24.3.1.5-- The site is not located within any Overlay District Areas identified by maps officially adopted by Weld County. f. Section 24.3.1.6 -- 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. 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. 972671 RESOLUTION, USR-1168 Francisco & Patricia Barron/Bernice Griego Page 3 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 Board of County Commissioners. (Planning) 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. (Planning) 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. (Public Works Dept.) 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. (Health Dept.) 4. In accordance with the applicants' cistern permit (permit #002-95), the applicant shall obtain community water from the City of Fort Lupton. (Health Dept.) 5. Appropriate building permits shall be applied for and approved for proposed structures and any addition to the existing mobile home. (Planning) 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. (Planning) 972671 RESOLUTION, USR-1168 Francisco & Patricia Barron/Bernice Griego Page 4 Motion seconded by VOTE: For Passage Against Passage Rusty Tucker Marie Koolstra Christie Nicklas Fred Walker Jack Epple Bruce Fitzgerald 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, Wendi Inloes, 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 October 21, 1997. Dated the /211/st of October, 1997. ubt , Muif Wendi Inloes Secretary 9'72671 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS 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. (Planning) 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance, as amended. (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. There shall be no disposal of liquid or solid wastes at this location. (Health Dept.) 4. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Health Dept.) 5. Fugitive dust shall be controlled on this site. (Health Dept.) 6. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A), as measured according to 25-12-102, Colorado Revised Statutes. (Health Dept.) 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. (Health Dept.) 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. (Health Dept.) 9. The shop and office building shall be served by a permitted septic system. This system shall be designed by a Registered Professional Engineer. (Health Dept.) 10. A restroom facility shall be available for the employees in the proposed shop/office building. (Health Dept.) 11. There shall be no washing of vehicles or equipment at this site. (Health Dept.) 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. (Planning) 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. (Planning) 972671 14. The hours of operation on this site shall be 6 a.m. until 7 p.m. as is indicated in the application materials on file in the Department of Planning Services. (Planning) 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. 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. (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) • 9726'71 Hello