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HomeMy WebLinkAbout20253410 EXHIBIT Before the Weld County, Colorado, Planning Commission A USRas-00 n Resolution of Recommendation to the Board of County Commissioners Moved by Michael Palizzi, 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: USR25-0017 Applicant: Damariz Medrano Ramirez Planner: Molly Wright Request: Use by Special Review Permit 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. Legal Description: 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. Location: North of and adjacent to County Road 36;approximately 0.07 miles east of County Road 49. 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 23-2-260 of the Weld County Code. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 [Weld County Comprehensive Plan] and any other applicable code provisions or ordinance in effect. Section 22-2-60.8. states: "Support responsible energy and mineral development. B. This is a request for Oil and Gas Support and Service which helps promote ongoing energy and mineral development by 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 fifty (50) semi-trucks stored on site 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. Section 22-2-60.8.2. states, "Ensure that infrastructure, such as adequate roads and utilities, exists or can be made available prior to development of energy and mineral resource production facilities." The access will be from County Road 36. County Road 36 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. Section 22-2-30.C. -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 on-site 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 fencing around the Use by Special Review operations area. C. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-10. -- Intent, of the Weld County Code 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 Resolution USR25-0017 Damariz Medrano Ramirez Page 2 areas for natural resource extraction and energy development, without the interference of other, incompatible land uses." Section 23-3-40.V. Uses 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 townsite in the (A) Agricultural Zone District. Section 23-1-90. states that Oil and Gas Support & Service includes oil and gas company offices and oil and gas storage yards. Section 23-3-40.V. allows the applicant to apply for the oil and gas support and service for truck and equipment storage. D. Section 23-2-220.A.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 twelve (12) Use by Special Reviews (USRs) within one 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 of the subject property there are three(3) USRs for greater than twelve(12) inch high pressure natural gas pipelines (USR17-0077, USR18-0026, and USR19-0008). To the south of the subject property there are three (3) mineral resource development facilities (USR18-0017, USR18-0039, and 1MUSR19-18-0084), and three (3) non-operational hog farms (SUP-107, SUP146, and SUP-196), a greater than 12-inch —high-pressure gas line (2MUSR19-17-0034). To the east of the subject property there is a non-1041 major facility (USR12-0052). The Weld County Department of Planning Services sent notice to six (6) surrounding property owners within five hundred (500)feet of the subject property. One (1) phone call was received with general questions of the project, but no objection was filed. No additional phone or written correspondence was received. E. Section 23-2-220.A.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 Area, Intergovernmental Agreement area, or within the three (3) mile referral area of any municipality. F. Section 23-2-220.A.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 23-2-220.A.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 indicates that approximately 52.9 acres are located on soils designated as Vona loamy sand (0-3%) slopes, that is classified as 'Farmland of Local Importance' while the remaining approximately 22.6 Resolution USR25-0017 Damariz Medrano Ramirez Page 3 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. H. Section 23-2-220.A.7 —There are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. 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 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 that 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. 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 recommendation for approval is conditional upon the following: 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. (Development Review) B. The map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR25-0017. (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4. The map shall delineate the existing and proposed screening. (Department of Planning Services) 5. The map shall delineate the parking area for the trucks. (Department of Planning Services) 6. The applicant shall delineate on the map the trash collection areas. Section 23-2-240.A.13 of the Weld County Code addresses the issue of trash collection areas. (Department of Planning Services) 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. (Department of Planning Services) 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 on the USR map the existing right-of-way (along with its creating document) and the physical location of the road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Development Review) Resolution USR25-0017 Damariz Medrano Ramirez Page 4 9. Show and label the project site's access location on County Road 36. (Development Review) 10. Show and label the approved tracking control on the site plan. (Development Review) 11. Show and label the entrance gate, if applicable. (Development Review) 12. 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. (Development Review) 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 one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 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 3-month period. (Department of Planning Services) 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. (Department of Planning Services) 5. Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Development Review) B. The applicant shall be in receipt of an approved access permit prior to construction activities. (Development Review) Motion seconded by Barney Hammond. VOTE For Passage Against Passage Absent Butch White Michael Wailes Michael Palizzi Virginia Guderjahn Barney Hammond Michael Biwer Calven Goza Hunter Rivera Cole Ritchey The Chair 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. Resolution USR25-0017 Damariz Medrano Ramirez Page 5 Certification of Copy I, Kristine Ranslem, 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 December 2, 2025. Dated the 2nd of December, 2025 ru�'�Y�!naC.em, Kristine Ranslem Secretary Resolution USR25-0017 Damariz Medrano Ramirez Page 6 USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Medrano USR25-0017 1. A Use by Special Review Permit, USR25-0017, 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. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. The hours of operation are 4:00a.m. to 6:00a.m. and 4:00p.m. to 6:00p.m. Monday through Sunday, with parking and storage on site twenty-four (24) hours a day, seven (7) days a week as stated in the application materials. (Department of Planning Services) 4. The number of employees shall be thirty-eight(38), as stated in the application materials. (Department of Planning Services) 5. There will be up to fifty(50)commercial vehicles on site at a time, as stated in the application materials. (Department of Planning Services) 6. No vehicle repair, washing, or service shall occur on site. (Department of Planning Services) 7. No derelict vehicles, as defined in Section 23-1-90 of the Weld County code, shall be stored on the site. (Department of Planning Services) 8. The parking area on the site shall be maintained. (Department of Planning Services) 9. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code, if applicable. (Department of Planning Services) 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. (Department of Planning Services) 11. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review) 12. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off-site tracking. (Development Review) 13. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized. (Development Review) 14. Any work that may occupy and or encroach upon any County rights-of-way or easement shall acquire an approved Right-of-Way Use Permit prior to commencement. (Development Review) 15. The Property Owner shall comply with all requirements provided in the executed Improvements and Road Maintenance Agreement. (Development Review) 16. Weld County is not responsible for the maintenance of onsite drainage related features. (Development Review) Resolution USR25-0017 Damariz Medrano Ramirez Page 7 17. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20- 100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Planning Services) 18. Any tanks used onsite shall comply with the provisions of the State Underground and Above Ground Storage Tank Regulations. (Department of Planning Services) 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. (Department of Planning Services) 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, 30-20-100.5, C.R.S. (Department of Planning Services) 21. Waste materials shall be handled, stored, and disposed 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 1 of the Weld County Code and the accepted waste handling plan. (Department of Planning Services) 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. (Department of Planning Services) 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. (Department of Planning Services) 24. Any On-site Wastewater Treatment system located on the property must comply with all provisions of the Weld County Code, pertaining to On-site Wastewater Treatment Systems. (Department of Planning Services) 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. (Department of Planning Services) 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. (Department of Planning Services) 27. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Planning Services) 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 has been adopted by Weld County: 2018 International Building Codes, 2018 International Energy 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 Resolution USR25-0017 Damariz Medrano Ramirez Page 8 engineer, shall be required or an Open Hole Inspection. A building permit must be issued prior to the start of construction. (Department of Building Inspection) 29. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Facility Fee, County-Wide Road Impact 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. 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. EXHIBIT (B eS -00 ri Summary of the Weld County Planning Commission Meeting Tuesday, December 2, 2025 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 0 Street, Greeley, Colorado. This meeting was called to order by Chair Butch White, at 1:30 p.m. Roll Call Present: Barney Hammond, Butch White, Calven Goza, Cole Ritchey, Michael Biwer, Michael Palizzi, Michael Wailes, Virginia Guderjahn Absent Hunter Rivera Also Present: Molly Wright, Jim Flesher, and Maxwell Nader, Department of Planning Services, Mike McRoberts, Aaron Maurice, Development Review, Karin McDougal, County Attorney, and Kris Ranslem, Secretary. Case Number: USR25-0017 Applicant: Damariz Medrano Ramirez Planner Molly Wright Request: Use by Special Review Permit 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. Legal Description: 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. Location. North of and adjacent to County Road 36;approximately 0.07 miles east of County Road 49. Molly Wright, Planning Services, presented Case USR25-0017, reading the recommendation and comments into the record. Ms. Wright noted that one (1) phone call was received with general questions of the project and no other phone calls or correspondence were received regarding this application. The Department of Planning Services recommends approval of this application along with conditions of approval and development standards. Aaron Maurice, Development Review, reported on the existing and proposed traffic, access to the site and drainage conditions for the site. Hannah Dutrow, AgProfessionals, 4505 West 29`h Street, Greeley, Colorado, stated that this project is for an oil and gas business with a laydown yard to include commercial vehicle parking and the temporary storage of equipment and materials used principally in the oil and gas industry. There is an existing residence along the east side of the property and will not be part of the business. Ms. Dutrow stated that the business will be located on the southern end of the property. The equipment laydown area is centrally located. There will be up to 50 semi-trucks and approximately 20 employee vehicles at any given time. Ms. Dutrow stated that the applicant has complied with the five (5) criteria as stated in the Weld County Code and they request a recommendation of approval be forwarded to the Board of County Commissioners. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. The Chair asked the applicant if they have read through the Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. 1 Motion: Forward Case USR25-0017 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Michael Palizzi, Seconded by Barney Hammond. Vote: Motion carried by unanimous roll call vote (summary: Yes = 8). Yes: Butch White, Barney Hammond, Calven Goza, Cole Ritchey, Michael Biwer, Michael Palizzi, Michael Wailes, Virginia Guderjahn. Meeting adjourned at 2:43 p.m. Respectfully submitted, Kristine Ranslem Secretary 2 ATTENDANCE RECORD NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe 123 Nowhere Street, City, State, Zip 3-1:011A K•ki.kBy11k.r 650( e gs((444ew GKAt,„4., KQf leskmw4Y• �a r lr�l�► biAlY014..) L1SOS i CD R N Du-nanu)&4C,,AnsLnH4 /Le, y(JJcvv Or t- (-60S 2GI L 2-, FsOl a S -' yee mi vooe r e z prL.os(ceii tAii;o ow t b o l `r- , Vim-0Y, fA ‘‘)oy0'1 ►AAAM I E) ;*- , coin ea,-' tksc ' Hello