HomeMy WebLinkAbout20253409 Draft Resolution
Approve Use by Special Review Permit, USR25-0017, for an Oil and Gas Support
and Service facility (laydown yard and commercial vehicle parking), outside of
subdivisions and historic townsites in the A (Agricultural) Zone District —
Damariz Medrano Ramirez
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 17th day of
December, 2025, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose
of hearing the application of Damariz Medrano Ramirez, 24421 County Road 36, LaSalle,
Colorado 80645, for Use by Special Review Permit, USR25-0017, for an Oil and Gas
Support and Service facility (laydown yard and commercial vehicle parking), outside of
subdivisions and historic townsites in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lot B of Recorded Exemption, RE-2551; being part of the SW1/4 of
Section 6, Township 3 North, Range 64 West of the 6th P.M., Weld County,
Colorado
Whereas, at said hearing, the applicant was present/represented by [Representative],
[Representative Address], and
Whereas, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by 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 recommendation 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 23-2-260 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
[Weld County Comprehensive Plan] and any other applicable code
provisions or ordinance in effect.
1) Section 22-2-60.B states: "Support responsible energy and mineral
development." This is a request for Oil and Gas Support and Service,
which helps promote ongoing energy and mineral development by
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supporting ongoing operations. This facility will contain three (3)
9,120 square-foot buildings. One (1) will be used as office space,
while the other two (2) are shop buildings. There will be up to 50
semi-trucks stored onsite and temporary storage of heavy equipment
that is used in the oil and gas industry, such as drill rigs, tanks
(empty), manufactured structures, office trailers, pipe, forms, etc.
2) Section 22-2-60.B.2 states: "Ensure that infrastructure, such as
adequate roads and utilities, exist or can be made available prior to
development of energy and mineral resource production facilities."
The access will be from County Road (CR) 36, which is a gravel road
and is designated on the Weld County Functional Classification Map
(Code Ordinance #2024-01) as a local road, which requires 60 feet
of right-of-way. A Commercial Access Permit is required for this
project.
3) Section 22-2-30.0 — Harmonize development with surrounding land
uses. The adjacent properties are residences, pastureland,
farmland, and oil and gas operations. No storage or stockpiling of
waste is proposed onsite at this time. Trash will be collected in
covered, confined dumpsters, and removed, as needed, by a trash
removal company. The applicant is proposing a six (6)-foot tall
opaque fence around the Use by Special Review operations area.
B. Section 23-2-230.B.2 —The proposed use is consistent with the intent of the
A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states: "Agriculture in the County is
considered a valuable resource, which must be protected from
adverse impacts resulting from uncontrolled and undirected
business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as
an essential feature of the County. The A (Agricultural) Zone District
is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production, and
for areas for natural resource extraction and energy development,
without the interference of other, incompatible land uses."
2) Section 23-3-40.V — Use by Special Review, of the Weld County
Code, allows for a "Oil and Gas Support and Service" in Lots outside
of a subdivision and historic townsites in the A (Agricultural) Zone
District. The aforementioned section allows the applicant to apply for
the oil and gas support and service for truck and equipment storage.
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3) Section 23-1-90 states: "Oil and Gas Support and Service includes
oil and gas company offices and oil and gas storage yards."
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent properties are zoned
A (Agricultural) and the land uses include residences, pasture land oil and
gas operations, and farmland. There is a total of 12 Use by Special Review
(USR) Permits within one (1) mile of the site. To the north of the subject
property there is a USR for an oil and gas support facility (USR11-0011).
To the west are three (3) USRs for greater than 12-inch high pressure
natural gas pipelines (USR17-0077, USR18-0026, and USR19-0008). To
the south are three (3) USRs for mineral resource development facilities
(USR18-0017, USR18-0039, and 1MUSR19-18-0084), and three (3) USRs
for non-operational hog farms (SUP-107, SUP146, and SUP-196), and a
greater than 12-inch high-pressure gas line (2MUSR19-17-0034). To the
east is a non-1041 major facility (USR12-0052). The Weld County
Department of Planning Services sent notice to six (6) surrounding property
owners (SPOs) within 500 feet of the subject property. One (1) phone call
was received with general questions about the project, but no objection was
filed. No additional phone or written correspondence was received.
D. Section 23-2-230.B.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 not located within a Coordinate Planning
Agreement area, Intergovernmental Agreement area, or within the three (3)
mile referral area of any municipality.
E. Section 23-2-230.B.5—The application complies with Chapter 23, Articles V
and XI, of the Weld County Code. The property is not within the A-P (Airport)
Overlay District, 1-25 Overlay District, the Geologic Hazard Overlay District,
the MS4 - Municipal Separate Storm Sewer System area, the Special Flood
Hazard Area, the Historic Townsites Overlay District, or the Agricultural
Heritage Overlay District. Building Permits issued on the lot will be
required to adhere to the fee structure of the County-Wide Road Impact
Fee, County Facility Fee, and Drainage Impact Fee Programs.
G. Section 23-2-230.B.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The Natural Resources Conservation Services (NRCS) Soil Survey
indicated approximately 52.9 acres are located on soils designated as Vona
loamy sand (0-3%) slopes, that are classified as `Farmland of Local
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Importance' while the remaining approximately 22.6 acres is located on
soils designated as Vona loamy sand (3-5%) slopes, classified as 'Not
Prime Farmland'. This USR will not be removing active farmland from
production, as the site is currently being used as residential, while the
remaining land is unirrigated and undeveloped land.
F. Section 23-2-230.B.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 can ensure that
there are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County. This proposal
has been reviewed by the appropriate referral agencies and it has been
determined that the attached Conditions of Approval and Development
Standards ensure there are adequate provisions for the protection of the
health, safety and welfare of the inhabitants of the neighborhood and county
and will address and mitigate impacts on the surrounding area with the
operation of this facility.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the application of Damariz Medrano Ramirez, for Use by Special Review
Permit, USR25-0017, for an Oil and Gas Support and Service facility (laydown yard and
commercial vehicle parking), outside of subdivisions and historic townsites in the
A (Agricultural) Zone District, on the parcel of land described above, be, and hereby is,
granted subject to the following conditions:
1 . Prior to recording the map:
A. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer, registered in the State of Colorado, is
required.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR25-0017.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The map shall delineate the existing and proposed screening.
5) The map shall delineate the parking area for the trucks.
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6) The applicant shall delineate the trash collection areas on the map.
Section 23-2-240.A.13 of the Weld County Code addresses the issue
of trash collection areas.
7) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 of the Weld County Code, if applicable.
8) County Road 36 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which requires
60 feet of right-of-way at full buildout. The applicant shall delineate
and label the existing right-of-way (along with its creating document)
and the physical location of the road on the USR map. All setbacks
shall be measured from the edge of the right-of-way. This road is
maintained by Weld County.
9) The applicant shall show and label the project site's access location
on County Road 36.
10) The applicant shall show and label the approved tracking control on
the site plan.
11) The applicant shall show and label the entrance gate, if applicable.
12) The applicant shall show and label the accepted drainage features.
Stormwater ponds should be labeled as "Stormwater Detention,
No-Build or Storage Area" and shall include the calculated water
quality and detention volumes.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map the applicant
shall submit a USR map along with all other documentation required as Conditions
of Approval. The USR map shall be recorded in the office of the Weld County Clerk
and Recorder by the Department of Planning Services. The map shall be prepared
in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The USR map and additional requirements shall be submitted within 120
days from the date of the Board of County Commissioners Resolution. The
applicant shall be responsible for paying the recording fee.
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be
recorded within the specified timeline from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance fee shall be added for
each additional three (3)-month period.
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4. The Use by Special Review Permit is not perfected until the Conditions of Approval
are completed and the map is recorded. Activity shall not occur, nor shall any
Building or Electrical Permits be issued on the property, until the Use by Special
Review plat is ready to be recorded in the office of the Weld County Clerk and
Recorder or the applicant has been approved for an early release agreement.
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
B. The applicant shall be in receipt of an approved Access Permit.
Use by Special Review Permit
Development Standards
Damariz Medrano Ramirez
USR25-0017
1. Use by Special Review Permit, USR25-0017, is for Oil and Gas Support and
Service facility (laydown yard and commercial vehicle parking), outside of
subdivisions and historic townsites in the A (Agricultural) Zone District, subject to
the Development Standards stated hereon.
2. Approval of this plan may create a vested property right, pursuant to
Section 23-8-10 of the Weld County Code.
3. The hours of operation are 4:00 a.m. to 6:00 a.m., and 4:00 p.m. to 6:00 p.m.,
Monday through Sunday, with parking and storage onsite 24 hours a day,
seven (7) days a week, as stated in the application materials.
4. The number of employees shall be up to 38, as stated in the application materials.
5. There will be up to 50 commercial vehicles onsite at a time, as stated in the
application materials.
6. No vehicle repair, washing, or service shall occur onsite.
7. No derelict vehicles, as defined in Section 23-1-90 of the Weld County code, shall
be stored on the site.
8. The parking area on the site shall be maintained.
9. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code,
if applicable.
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10. The existing landscaping and screening on the site shall be maintained in
accordance with the approved Landscape and Screening Plan. Required
landscaping and screening shall be installed within one (1) calendar year of
issuance of a Building Permit or commencement of use, whichever occurs sooner.
Dead or diseased plant materials shall be replaced with materials of similar
quantity and quality, at the earliest possible time.
11. The property owner or operator shall be responsible for controlling noxious weeds
on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
12. The access to the site shall be maintained to mitigate any impacts to the public
road, including damages and/or off-site tracking.
13. There shall be no parking or staging of vehicles on public roads. On-site parking
shall be utilized.
14. Any work that may occupy and/or encroach upon any County rights-of-way or
easement shall require an approved Right-of-Way Use Permit, prior to
commencement.
15. The property owner shall comply with all requirements provided in the executed
Improvements and Road Maintenance Agreement.
16. Weld County is not responsible for the maintenance of on-site drainage related
features.
17. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal
in a manner that protects against surface and groundwater contamination.
18. Any tanks used onsite shall comply with the provisions of the State Underground
and Above Ground Storage Tank Regulations.
19. Secondary containment shall be constructed around tanks to provide containment
for the largest single tank and sufficient freeboard to contain precipitation.
Secondary containment shall be sufficiently impervious to contain any spilled or
released material. Secondary containment devices shall be inspected at regular
intervals and maintained in good condition. All secondary containment will comply
with the provisions of the State Underground and Above Ground Storage Tank
Regulations.
20. No permanent disposal of wastes shall be permitted at this site. This is not meant
to include those wastes specifically excluded from the definition of a solid waste in
the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
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21. Waste materials shall be handled, stored, and disposed of in a manner that
controls fugitive dust, fugitive particulate emissions, blowing debris, and other
potential nuisance conditions. The facility shall operate in accordance with
Chapter 14, Article I of the Weld County Code and the accepted Waste Handling
Plan.
22. Fugitive dust should attempt to be confined on the property. Uses on the property
should comply with the Colorado Air Quality Commission's Air Quality Regulations
and the accepted Dust Abatement Plan.
23. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone, as delineated in Section 14-9-40 of the Weld County Code.
24. Any On-site Wastewater Treatment System (OWTS) located on the property must
comply with all provisions of the Weld County Code, pertaining to (OWTS).
25. Adequate drinking, handwashing and toilet facilities shall be provided for
employees and patrons of the facility, at all times. A permanent, adequate water
supply shall be provided for drinking and sanitary purposes, as necessary.
26. For employees or patrons on site for less than two (2) consecutive hours a day,
portable toilets and bottled water are acceptable. Records of maintenance and
proper disposal for portable toilets shall be retained on a quarterly basis and
available for review by the Weld County Department of Public Health and
Environment. Portable toilets shall be serviced by a cleaner licensed in Weld
County, contain hand sanitizers and be screened from existing adjacent residential
properties and public rights-of-way.
27. The operation shall comply with all applicable rules and regulations of state and
federal agencies and the Weld County Code.
28. Building Permits may be required for any new construction, set up of manufactured
structures, or change of use of existing buildings, per Section 29-3-10 of the Weld
County Code. Buildings and structures shall conform to the requirements of the
various codes adopted at the time of permit application. Currently, the following
have been adopted by Weld County: 2018 International Codes, 2018 International
Energy Conservation Code, 2023 National Electrical Code, and Chapter 29 of the
Weld County Code. A Building Permit application must be completed and two (2)
complete sets of engineered plans, bearing the wet stamp of a Colorado registered
architect or engineer, must be submitted for review. A Geotechnical Engineering
Report, performed by a Colorado registered engineer, or an Open Hole Inspection
shall be required. A Building Permit must be issued prior to the start of construction.
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29. Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County-Wide Road Impact Fee, County Facility Fee, and Drainage
Impact Fee Programs.
30. All buildings shall comply with the setback from oil and gas wells, per
Section 23-4-700, as amended.
31. The property owner or operator shall be responsible for complying with the Design
and Operation Standards of Chapter 23 of the Weld County Code.
32. Necessary personnel from the Weld County Departments of Planning Services,
Public Works, and Public Health and Environment 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 Conditions of Approval and Development
Standards stated herein, and all applicable Weld County regulations.
33. The Use by 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.
34. 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.
35. Construction or use pursuant to approval of a Use by Special Review Permit shall
commence within three (3) years from the date of Board of County Commissioners
signed Resolution, unless otherwise specified by the Board of County
Commissioners when issuing the original Permit, or the Permit shall be vacated.
36. This Use by Special Review shall terminate when the use is discontinued for a
period of three (3) consecutive years, the use of the land changes or the time
period established by the Board of County Commissioners through the approval
process expires. The landowner may notify the Department of Planning Services
of a termination of the use, or Planning Services staff may observe that the use
has been terminated. When either the Department of Planning Services is notified
by the landowner, or when the Department of Planning Services observes that the
use may have been terminated, the Planner shall send certified written notice to
the landowner asking that the landowner request to vacate the Use by Special
Review Permit.
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37. In such cases where the Use by Special Review has terminated but the landowner
does not agree to request to vacate the Use by Special Review Permit, a hearing
shall be scheduled with the Board of County Commissioners to provide the
landowner an opportunity to request that the Use by Special Review Permit not be
vacated, for good cause shown. The landowner shall be notified at least ten (10)
days prior to the hearing. If the Board of County Commissioners determines that
the Use by Special Review has terminated and no good cause has been shown
for continuing the permit, then the termination becomes final, and the Use by
Special Review Permit is vacated.
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 17th day of December, A.D., 2025:
[Insert Resolution Attestation Block Post Meeting]
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