HomeMy WebLinkAbout20240366.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR23-0043, FOR OIL AND GAS SUPPORT AND SERVICE INCLUDING
ESTABLISHMENTS PRINCIPALLY ENGAGED IN SERVING THE OIL AND GAS
INDUSTRY (FABRICATING, INSTALLING AND MAINTAINING CONTAINMENT
LINERS FOR OIL AND GAS OPERATIONS) OUTSIDE OF SUBDIVISIONS AND
HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT -
ECO PROPERTIES, LLC
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, on January 16, 2024, the Weld County Offices were closed due to inclement
weather conditions and the scheduled Planning Commission hearings were rescheduled to later
dates, and
WHEREAS, the Board of County Commissioners held a public hearing on the 31st day of
January, 2024, at the hour of 10:00 a.m., in the Chambers of the Board for the purpose of hearing
the application of ECO Properties, LLC, 1298 Main Street, Unit A, Windsor, Colorado 80550, for
a Site Specific Development Plan and Use by Special Review Permit, USR23-0043, for Oil and
Gas Support and Service including establishments principally engaged in serving the oil and gas
industry (fabricating, installing and maintaining containment liners for oil and gas operations)
outside of subdivisions and historic townsites in the A (Agricultural) Zone District on the following
described real estate, to -wit:
Lot A of Recorded Exemption, RECX17-0186;
being part of the S1/2 NE1/4 of Section 32,
Township 7 North, Range 64 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, on January 31, 2024, the Board heard all of the testimony and statements of
those present and reviewed the request of staff fora continuance and, having been fully informed,
deemed it advisable to continue the matter to February 21, 2024, at 10:00 a.m., to allow the case
to be heard by the Planning Commission on February 6, 2024, and
WHEREAS, on February 21, 2024, the applicant was represented by Hannah Dutrow,
AGPROfessionals, 3050 67th Avenue, Suite 200, Greeley, Colorado 80634, 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:
cc :PL(ER/MW/Ko/DA/MW/KR), CA (KM),
SRCSG), APPL-.
03 /2V29
2024-0366
PL2682
SPECIAL REVIEW PERMIT (USR23-0043) - ECO PROPERTIES, LLC
PAGE 2
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
and any other applicable Code provisions or ordinance in effect.
1) Section 22-2-30.A.1 addresses Weld County's commitment to the
economic future of agriculture, specifically stating land use changes
should not inhibit agricultural production, nor operations. The
property is not currently in agricultural production due to existing
site improvements and the irregular shape that would substantially
restrict viable agricultural production. The proposed use will not
inhibit agricultural production or operations.
2) Section 22-2-60.B.5 addresses the support of responsible energy
and mineral development. Energy development facilities should
preserve agricultural areas and enhance the rural landscape. The
use of the non -agrarian land is indirectly supporting the energy
sector by providing lands that can be utilized to support the greater
oil and gas economy. Many oilfield sites have equipment that
require geotechnical liners to be installed to prevent potential
contamination of the underlying soils. The fabrication and
installation of site specific geotech fabric provides a service to the
oil and gas industry and enables the industry to maintain
compliance with regulatory authorities.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-40.V provides for a Site Specific Development Plan
and Use by Special Review Permit for oil and gas support and
service, including establishments principally engaged in serving the
oil and gas industry outside of subdivisions and historic townsites
in the A (Agricultural) Zone District. The A (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.
The A (Agricultural) Zone District regulations are established to
promote the health, safety and general welfare of the present and
future residents of the County.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of rural
residences on smaller tracts of land, predominately to the east, with the
nearest residence located approximately 200 feet from the east property
2024-0366
PL2682
SPECIAL REVIEW PERMIT (USR23-0043) - ECO PROPERTIES, LLC
PAGE 3
line and located on the west side of County Road 53, with the other
residences located at a distance greater than 1,000 feet from the proposed
fabrication building. The Mason View Subdivision is located to the
southeast of the proposed facility.
There are seven (7) USRs within one (1) mile of the property, including
USR-1145, for an airstrip and AMUSR-1133, for a 9,000 -head dairy,
located to the north. To the east is USR-1052, for a water tank; and to the
south is SUP -95, for a dairy. To the west are USR-1577, for outside
storage, AMUSR-703, for a Boys' ranch, and USR18-0074, for a second
single-family residence.
The Weld County Department of Planning Services sent notice to nine (9)
surrounding property owners (SPOs); however, staff received no
correspondence from interested persons or property owners within 500 feet
of the property.
The Conditions of Approval require that the applicant submit an Emergency
Action and Safety Plan, and an Improvements Agreement (for road
maintenance). The Conditions of Approval and Development Standards
will assist in mitigating the impacts of the facility on the adjacent properties
and ensure compatibility with surrounding land uses and the region.
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 three (3) mile referral area of
any municipality, nor is it located within any existing Intergovernmental
Agreement Area (IGA) of a 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
Airport Overlay District, 1-25 Overlay District, Special Flood Hazard Area,
Geologic Hazard Overlay District, MS4 - Municipal Separate Storm Sewer
System area, Historic Townsites Overlay District, or Agricultural Heritage
Overlay District. Building Permits issued on the property will be required
to adhere to the fee structure of the County -Wide Road Impact Fee, County
Facility Fee, and Drainage Impact Fee Programs.
F. 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 proposed facility is located on approximately 9.5 acres, with
approximately half identified as Renohill Clay Loam soils, listed as well
drained soils, having a farmland classification of Farmland of Statewide
Importance. The remaining lands are identified as Shingle Loam soils, also
well drained, having a farmland classification of Not prime farmland. Given
2024-0366
PL2682
SPECIAL REVIEW PERMIT (USR23-0043) - ECO PROPERTIES, LLC
PAGE 4
the on -site improvements, no prime farmland is being taken out of
production.
G. Section 23-2-230.B.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 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 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of ECO Properties, LLC, for a Site Specific Development
Plan and Use by Special Review Permit, USR23-0043, for Oil and Gas Support and Service
including establishments principally engaged in serving the oil and gas industry (fabricating,
installing and maintaining containment liners for oil and gas operations) 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 USR Map:
A. A Road Maintenance Agreement is required at this location. Road
maintenance includes, but is not limited to, dust control and damage repair
to specified haul routes.
B. In the event the applicant intends to utilize the existing On -site Wastewater
Treatment System, for employee use, the system shall be reviewed by a
Colorado Registered Professional Engineer. The review shall consist of
observation of the system and a technical review describing the system's
ability to handle the proposed hydraulic load. The review shall be submitted
to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. In the event the system is
found to be inadequately sized or constructed, the system shall be brought
into compliance with current Regulations.
C. The applicant shall acknowledge the advisory comments of the Weld
County Oil and Gas Energy Department, as stated in the referral dated
November 1, 2023. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
D. The applicant shall submit a Lighting Plan for review and acceptance.
2024-0366
PL2682
SPECIAL REVIEW PERMIT (USR23-0043) - ECO PROPERTIES, LLC
PAGE 5
E. The applicant shall submit Building Permits and apply for a Change of Use
Permit to change the permit from agricultural exempt, or personal, to
commercial building status, for the structures associated with the
commercial business operation.
F. The applicant shall submit a written request to vacate USR19-0015.
G. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR23-0043.
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 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.
5) On -site lighting, if applicable. All lighting shall be downcast and
shielded so that light rays will not shine directly onto adjacent
properties. Include lighting specification details on the USR map.
Refer to Section 23-2-250.D of the Weld County Code for design
criteria.
6) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 of the Weld County Code.
7) The map shall delineate the parking area for the vendors,
customers and/or employees.
8) County Road (CR) 53 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 future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. 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 approved access location
onto CR 53, approved access width and the appropriate turning
radii on the site plan. The applicant must obtain a revised Access
Permit in the approved location, prior to operation.
10) The applicant shall show and label the approved tracking control on
the site plan.
2024-0366
PL2682
SPECIAL REVIEW PERMIT (USR23-0043) - EC0 PROPERTIES, LLC
PAGE 6
11) 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 volume.
12) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
13) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
14) The applicant shall show and label the drainage flow arrows.
15) The applicant shall show and label all recorded easements and
rights -of -way shall be delineated on the map by book and page
number or Reception number.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the plat the applicant
shall submit a Mylar plat along with all other documentation required as Conditions
of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk
and Recorder by the Department of Planning Services. The plat shall be prepared
in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat 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.
4. The Use by Special Review 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.
2024-0366
PL2682
SPECIAL REVIEW PERMIT (USR23-0043) - ECO PROPERTIES, LLC
PAGE 7
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of February, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY
ATTEST: a�J
Weld County Clerk to the Board
g GatAtoll
ygta:O9114
Deputy Clerk to the Board
APP ! VE !`r: RM:
County Attorney
Date of signature: B I Z4
Key' Ross, Chair
‘-
Perry L. B - ' , Pro-Tem
EXCUSED
Mike Freeman
Sc dtt K James
2024-0366
PL2682
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ECO PROPERTIES, LLC
USR23-0043
1 Site Specific Development Plan and Use by Special Review Permit, USR23-0043, is for
Oil and Gas Support and Service including establishments principally engaged in serving
the oil and gas industry (fabricating, installing and maintaining containment liners for oil
and gas operations) 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 6:00 a.m. to 6:00 p.m., Monday through Sunday, for on -site
employees, as stated by the applicant.
4. The hours of operation for field operations are in two (2) shifts, from 4:00 a.m. to 4:00 p.m.,
and 4:00 p.m. to 4:00 a.m., Monday through Sunday, for off -site employees, as stated by
the applicant.
5. The number of on -site employees shall be up to 20, as stated by the applicant.
6. The parking area on the site shall be maintained.
7. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code.
8. The landscape on the site shall be maintained.
9. 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.
10. 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.
11. 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 applicant shall operate in accordance with Chapter 14, Article I of the Weld
County Code.
12. Fugitive dust shall attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations.
13. All chemicals must be handled in a safe manner, in accordance with product labeling. All
chemicals must be stored securely, on an impervious surface, and in accordance with
manufacturers' recommendations.
2024-0366
PL2682
DEVELOPMENT STANDARDS (USR23-0043) - ECO PROPERTIES, LLC
PAGE 2
14. Any On -site Wastewater Treatment System (OWTS) located on the property must comply
with all provisions of the Weld County Code, pertaining to OWTS.
15. 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.
16. For employees or contractors onsite for less than two (2) consecutive hours a day, and
two (2) or less full-time employees onsite, 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.
17. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
18. 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.
19. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
20. 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.
21. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
22. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
23. The Road Maintenance Agreement for this site may be reviewed on an annual basis,
including a site visit and possible updates.
24. Weld County is not responsible for the maintenance of on -site drainage related features.
25. The historical flow patterns and runoff amounts on the site will be maintained.
26. Sources of light should not cause a nuisance or interfere with the use on the adjacent
properties in accordance with the map. Neither the direct, nor reflected, light from any light
source may create a traffic hazard to operators of motor vehicles on public or private
streets. No colored lights may be used, which may be confused with, or construed as,
traffic control devices.
27. 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
2024-0366
PL2682
DEVELOPMENT STANDARDS (USR23-0043) - ECO PROPERTIES, LLC
PAGE 3
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 Building Codes, 2018 International Energy Code, 2020
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.
28. 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.
29. All buildings shall comply with the setback from oil and gas wells, per Section 23-4-700,
as amended.
30. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
31. 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.
32. 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.
33. 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.
34. Construction or use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date of approval, unless otherwise specified
by the Board of County Commissioners when issuing the original Permit, or the Permit
shall be vacated. The Director of the Department of Planning Services may grant an
extension of time, for good cause shown, upon a written request by the landowner.
35. A 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
2024-0366
PL2682
DEVELOPMENT STANDARDS (USR23-0043) - ECO PROPERTIES, LLC
PAGE 4
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.
36. 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.
37. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and people moving into these areas must
recognize the various impacts associated with this development. Often, mineral resource
sites are fixed to their geographical and geophysical locations. Moreover, these resources
are protected property rights and mineral owners should be afforded the opportunity to
extract the mineral resource.
38. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
2024-0366
PL2682
Hello