HomeMy WebLinkAbout20241182.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR24-0003, FOR OIL AND GAS SUPPORT AND SERVICE, INCLUDING
A 3,750 -SQUARE -FOOT STORAGE AND EQUIPMENT MAINTENANCE BUILDING
FOR COMPANY VEHICLES ONLY, SCREENED OUTDOOR STORAGE OF COMPANY
VEHICLES, COMPANY EQUIPMENT AND MATERIALS ASSOCIATED WITH OIL AND
GAS OPERATIONS AND ONE DOUBLE WALLED FUELING STATION, OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE
DISTRICT - HUTTON FAMILY TRUST, C/O K -LA CONSTRUCTION, 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, the Board of County Commissioners held a public hearing on the 22nd day
of May, 2024, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Hutton Family Trust, c/o K -La Construction, LLC, 1273 O 1/2 Road, Loma,
Colorado 81524, for a Site Specific Development Plan and Use by Special Review Permit,
USR24-0003, for Oil and Gas Support and Service, including a 3,750 -square -foot storage and
equipment maintenance building for company vehicles only, screened outdoor storage of
company vehicles, company equipment and materials associated with oil and gas operations and
one double walled fueling station, 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 A of Recorded Exemption, RECX15-0001; being
part of the SE1/4 of Section 32, Township 8 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present and represented by Bob Choate,
Coan, Payton and Payne, LLC, 1711 61st Avenue, Suite 100, Greeley, CO 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:
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:
CC: PL(ER /MN/DA/KRAAA, CA (KM), ASR WO,
A PP4., A PPL . REP.
O7/3O/24
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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 22-2-10 — Guiding principles.
a. Respecting Private Property Rights. One of the basic
principles upon which the United States was founded is the
right of citizens to own and utilize property, so long as that
use complies with local regulations, and does not interfere
with, or infringe upon, the rights of others. The proposed use
allows the property owner to utilize their property to run their
business, in compliance with the Weld County Code and all
other applicable laws, and given the minimal impact on the
surrounding area, does not interfere with, or infringe upon,
the rights of others.
b. Promoting Economic Growth and Stability. Land use
policies have a significant impact on economic conditions in
the County and should be structured to encourage
economic prosperity. To ensure the continued strength of
Weld County's economy, land use processes and decisions
based on this plan shall be consistent and promote fiscally
responsible growth. The property owner owns the business,
which has expanded into Weld County, to provide much
needed services to the oil and gas industry in the DJ Basin.
The site is located in a prime area to provide such services
without unduly impacting the County's road network, that
would result if unnecessary travel miles were added to each
job.
c. Protecting Health, Safety, and General Welfare. Land use
regulations and policies will protect and enhance the health,
safety, and general welfare of the citizens of Weld County.
The Hutton's business provides necessary services to our
community, and generally enhances the general welfare of
the citizens of Weld County. There will be minimal impact as
the business is appropriately regulated by the Use by
Special Review permit process, which protects the health
and safety of the neighbors.
2) Section 22-2-40 — Economic Development Goals and Objectives.
A. Support compatible economic development opportunities.
The Hutton's business is directly tied to the DJ Basin and
energy development. The location presents an economic
opportunity both to the Huttons themselves, but also to the
recipients of their services, which benefit from the
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centralized location of their service yard, which is
substantially closer, and therefore more efficient, than other
available oilfield service providers to the south. The site
appears to be compatible with the surrounding land uses,
and the Comprehensive Plan supports this opportunity.
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." This
Code section supports the oil and gas support and service facility,
as the facility supports natural resource extraction and energy
development.
C. Section 23-2-230.6.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of
pastures, crops, and rural residences. The closest residence is adjacent to
the west.
There are two (2) USR within one (1) mile of the site. USR-1471, for
three (3) 183 -foot in height radio towers; and USR18-0077 for a
high-pressure gas line, both located southwest of the property.
The Weld County Department of Planning Services sent notice to 18
Surrounding Property Owners (SPOs). Planning staff received no
correspondence from SPOs or interested persons. The applicant has been
in contact with the SPO to the west who expressed no concerns with the
proposed use.
The Conditions of Approval require the applicant to submit an
Improvements Agreement, for dust control and damage repair, and a
Screening Plan.
The proposed use is in an area that can support this development and the
existing screening, 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.
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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 located within the Coordinated Planning
Agreement Area (CPA) for the Town of Ault. As part of the pre -application
process the municipalities were sent a Notice of Inquiry (NOI). The Town
of Ault did not submit a NOI response. The Town of Ault's Future Land
Use Map delineates this property as being located outside of the Town
boundary, Primary Growth Area and Planning Area.
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 located
within any overlay district officially adopted by the County, including
A -P (Airport) Overlay District, 1-25 Overlay District, Geologic Hazard
Overlay District, MS4 - Municipal Separate Storm Sewer System area,
Special Flood Hazard Area, Historic Townsites Overlay District, or
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.
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 Natural Resources Conservation Services (NRCS) Soil Survey
indicated 48% of the site consists of low -slope (1-3%) Thedalund loam.
This soil type is classified as "Farmland of local importance". No Prime
Farmland will be removed from production.
G. 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
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 Hutton Family Trust, c/o K -La Construction, LLC, for a
Site Specific Development Plan and Use by Special Review Permit, USR24-0003, for Oil and Gas
Support and Service, including a 3,750 -square -foot storage and equipment maintenance building
for company vehicles only, screened outdoor storage of company vehicles, company equipment
and materials associated with oil and gas operations and one double walled fueling station,
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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 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. The applicant shall acknowledge the requirements of the Weld County Oil
and Gas Energy Department, as stated in the referral response dated
January 31, 2024. Written evidence of such shall be submitted to the Weld
County Department of Planning Services.
C. A Lighting Plan shall be submitted to, and accepted by, the Department of
Planning Services.
D. A Screening Plan shall be submitted to, and accepted by, the Department
of Planning Services, that screens the site from the SPOs and
rights -of -way.
E. The applicant shall submit evidence that the double walled fueling station
has the appropriate permits from State of Colorado Department of Public
Health and Environment, Department of Labor and Employment, Division
of Oil and Public Safety. Written evidence of such shall be submitted to the
Weld County Department of Planning Services.
F. The applicant shall submit evidence that the double walled fueling station
has the appropriate permits from Ault Fire Protection district. Written
evidence of such shall be submitted to the Weld County Department of
Planning Services.
G. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR24-0003.
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) The map shall delineate the screening in accordance with the
accepted Screening Plan.
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6) The map shall delineate the on -site lighting in accordance with the
accepted Lighting Plan.
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) The map shall delineate the parking area for the construction
equipment and employees.
9) 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.
10) County Road 86 is a paved road and is designated on the Weld
County Functional Classification Map (Code Ordinance #2017-01)
as a collector road, which requires 80 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. If the existing right-of-way cannot be verified it shall be
dedicated. The applicant shall also delineate the physical location
of the roadway. Pursuant to the definition of setback in the Weld
County Code Section 23-1-90, the required setback is measured
from the future right-of-way line.
11) The applicant shall show and label the access point onto
County Road 86. Include the access usage type, the accepted
access width, and the accepted access turning radii on the site plan.
12) The applicant shall show and label the drainage flow arrows.
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 Mylar map along with all other documentation required as Conditions
of Approval. The Mylar 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 Mylar 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 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
map 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of May, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,
ATTEST: a;
Weld County Clerk to the Board
Deputy Clerk to the Board
APP' O ED AS
County ttorney
CIN
Date of signature:
Kevin oss, Chair
Perry L. Bucl "Pro-Tem
Mike Fr-eman
. James
ri Saine
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HUTTON FAMILY TRUST,
C/O K -LA CONSTRUCTION, LLC
USR24-0003
1. Site Specific Development Plan and Use by Special Review Permit, USR24-0003, is for
Oil and Gas Support and Service, including a 3,750 -square -foot storage and equipment
maintenance building for company vehicles only, screened outdoor storage of company
vehicles, company equipment and materials associated with oil and gas operations and
one double walled fueling station, 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. Any future structures or uses onsite must obtain the appropriate Zoning and Building
Permits.
4. The number of on -site employees shall be up to two (2), as stated in the application
materials.
5. The number of commercial vehicles shall be up to 20, as stated in the application
materials.
6. The parking area on the site shall be maintained.
7. All signs shall adhere to Chapter 23, Article IV, and Division 2 of the Weld County Code.
8. The existing landscaping and proposed screening on the site shall be maintained in
accordance with the approved Landscape and Screening Plan. Required 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.
9. No Derelict Vehicles, as defined in Section 23-1-90 of the Weld County code, shall be
stored on the site.
10. 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.
11. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
12. 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.
13. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
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14. The Road Maintenance Agreement for this site may be reviewed on an annual basis,
including a site visit and possible updates.
15. The historical flow patterns and runoff amounts on the site will be maintained.
16. 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.
17. 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.
18. 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 and the approved Waste Handling Plan.
19. 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
approved Dust Abatement Plan.
20. The facility shall comply with all provisions of the State Underground and Above Ground
Storage Tank Regulations.
21. Any On -site Wastewater Treatment System (OWTS) located on the property must comply
with all provisions of the Weld County Code, pertaining to OWTS.
22. 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.
23. 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.
24. In the event the applicant intends to utilize the existing OWTS 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.
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25. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
26. Lighting shall be maintained in accordance with the accepted Lighting Plan.
27. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties. 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.
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,
and 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.
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. 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. All buildings shall comply with the setback from oil and gas wells, per Section 23-4-700,
as amended.
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.
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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 be
commenced 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. 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
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.
38. 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. Oftentimes, 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.
39. 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.
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