HomeMy WebLinkAbout20233351.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR23-0037, FOR OIL AND GAS SUPPORT AND SERVICE
(STORAGE AREA FOR PARTS FOR DRILLING RIGS, DRILLING IRON PIPE AND
FITTINGS,POLY PIPE AND FITTINGS,TWO[2]PARTS TRAILERS AND RIG MATS,
LIGHT PLANT TRAILERS AND GENERAL OIL AND GAS EQUIPMENT SUPPLIES)
IN THE A(AGRICULTURAL) ZONE DISTRICT - CERVI ENTERPRISES, INC.,
C/O KERR-MCGEE OIL AND GAS ONSHORE,LP
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 November,2023,at the hour of 10:00 a.m.,in the Chambers of the Board,for the purpose of
hearing the application of Cervi Enterprises, Inc., P.O.Box 1930,Greeley,Colorado 80632,
c/o Kerr-McGee Oil and Gas Onshore,LP,1099 18th Street,Suite 700,Denver,Colorado 80202,
for a Site Specific Development Plan and Use by Special Review Permit,USR23-0037,for Oil
and Gas Support and Service(storage area for parts for drilling rigs,drilling iron pipe and fittings,
poly pipe and fittings,two[2]parts trailers and rig mats,light plant trailers and general oil and gas
equipment supplies)in the A(Agricultural)Zone District,on the following described real estate,
being more particularly described as follows:
All of Section 22,Township 4 North,Range 63 West
of the 6th P.M.,Weld County,Colorado
WHEREAS,at said hearing,the applicant was present,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
and any other applicable Code provisions or ordinance in effect.
1) Section 22-2-30.C Land Use Goals and Objectives states,
"Harmonize development with surrounding land uses."The site is
in a remote,rural area.The nearest residences are several miles
away.
cc:PL(ER/NN/GG/Kw),CR(WA),ASR(SG), 2023-3351
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SPECIAL REVIEW PERMIT(USR23-0037)-CERVI ENTERPRISES,INC.,CIO KERR-MCGEE
OIL AND GAS ONSHORE,LP
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2) Section 22-2-30.C.1 states,"Transition between land use types and
intensities with buffers. Uses that are incompatible with existing
uses must be able to mitigate conflicts."The proposed laydown yard
is buffered from adjacent residences by several hundreds of acres
consisting of open rangeland, with oil and gas production
improvements scattered throughout.
B. Section 23-2-230.6.2—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 installation of the subject laydown yard
for oil and gas equipment, as this use supports energy
development.The facility will assist oil and gas operations in Weld
County. No productive farm ground will be impacted by this
operation.
2) Section 23-3-40.V—Uses by Special Review of the Weld County
Code include,"Oil and Gas Support and Service."This USR facility
will also include one(1)job trailer and four(4)storage containers
for construction and operation usage, being Accessory Uses,
permitted by Section 23-3-30.B of the Weld County Code.The
applicant is also proposing a temporary trailer for office use during
construction. Per Section 23-4-190 of the Weld County Code,
"a Zoning Permit shall not be required for a manufactured structure
in the A (Agricultural)Zone District if such structure is already
shown on an approved and recorded Use by Special Review map."
C. Section 23-2-230.B.3—The uses which will be permitted will be compatible
with the existing surrounding land uses.Surrounding properties consist of
rangeland and pasture interspersed with oil and gas production facilities.
The facility is in a remote rural area and nearest residences are located
more than one(1)mile from the site.The eastern edge of the parcel is
encumbered by a 230 kV electrical transmission line(USR-1562).The
proposed use is in an area that can support this development and the
existing screening,the Conditions of Approval and Development Standards
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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 23-2-230.6.4—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 or
within a Cooperative Planning Agreement boundary 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 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
delineates the area that the laydown yard will be located on as Valent Sand
(3 to 9%slopes).This soil type is listed as"Not prime farmland".No prime
farmland or farmland of statewide importance will be removed from
production.
G. Section 23-2-230.6.7—There are adequate provisions for the protection of
the health,safety,and welfare of the inhabitants of the neighborhood and
County,per review by the appropriate referral agencies and in accordance
with 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,which will address the operation of
this facility and mitigate impacts on the surrounding area.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Cervi Enterprises,Inc.,do Kerr-McGee Oil and Gas
Onshore, LP, for a Site Specific Development Plan and Use by Special Review Permit,
USR23-0037,for Oil and Gas Support and Service(storage area for parts for drilling rigs,drilling
iron pipe and fittings,poly pipe and fittings,two[2]parts trailers and rig mats,light plant trailers
and general oil and gas equipment supplies)in the A(Agricultural)Zone District,on the parcel of
land described above,be,and hereby is,granted subject to the following conditions:
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SPECIAL REVIEW PERMIT(USR23-0037)-CERVI ENTERPRISES,INC.,C/O KERR-MCGEE
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1. Prior to recording the map:
A. The applicant shall acknowledge the comments of the Weld County Oil and
Gas Energy Department(OGED),as stated in the referral response dated
July 25,2023.Written evidence of such shall be submitted to the Weld
County Department of Planning Services.
B. The Colorado Department of Transportation(CDOT)has jurisdiction over
all accesses to the state highways. Please contact CDOT to verify the
Access Permit or for any additional requirement that may be needed to
obtain or upgrade the permit.Written evidence of such shall be provided to
the Department of Planning Services and Development Review.
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR23-0037.
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 on the map the trash collection areas,
if applicable. Section 23-2-240.A.13 of the Weld County Code
addresses the issue of trash collection areas.
5) The map shall delineate the on-site lighting.
6) 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.
7) County Road 69 is an unmaintained section line right-of-way.The
applicant shall verify and delineate on the map the unmaintained
right-of-way from the parcel to,and including,the connection to
State Highway 34, and reference the documents creating the
right of-way.All setbacks shall be measured from the edge of the
right-of-way.This road is not maintained by Weld County.Any
unmaintained road needs to be located/identified in relationship to
the right-of-way.Show and label the section line right-of-way as
"CR 69 Section Line Right-of-way,not County maintained."
8) Show the Colorado Department of Transportation (CDOT)
right-of-way on the map,along with the documents creating the
right-of-way.
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9) Show the approved Colorado Department of Transportation
(CDOT)access point on the map and label with the approved
Access Permit number.
10) 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.
4. Prior to Construction:
A. If more than one(1)acre is to be disturbed,a Weld County Grading Permit
will be required.
5. 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.
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The above and foregoing Resolution was,on motion duly made and seconded,adopted
by the following vote on the 22nd day of November,A.D.,2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
ATTEST: C� `�i;�
�.!!.0 Mike man,Chair
Weld County Clerk to the Board tcla44
Ati.(1
coi Perry Bu ,Pro-Tem
Deputy Clerk to the Board
�► Sc t K.James
APP D A��, `_ USED
11161 in D.Ross
County orney `� .
121 Le'Z3\® w1� ri Saine
Date of signature: ♦����
2023-3351
PL2897
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CERVI ENTERPRISES,INC.
C/O KERR-MCGEE OIL AND GAS ONSHORE,LP
USR23-0037
1. Site Specific Development Plan and Use by Special Review Permit,USR23-0027,is for
Oil and Gas Support and Service(storage area for parts for drilling rigs,drilling iron pipe
and fittings,poly pipe and fittings,two[2]parts trailers and rig mats,light plant trailers and
general oil and gas equipment supplies)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 parking area on the site shall be maintained.
4. All signs shall adhere to Chapter 23,Article IV,and Division 2 of the Weld County Code.
5. 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.
6. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking.
7. 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.
8. The historical flow patterns and runoff amounts on the site will 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.The accepted Waste Handling shall be adhered to.
12. 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.The accepted
Dust Abatement Plan shall be adhered to.
13. 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
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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.
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.A permanent,adequate
water supply shall be provided for drinking and sanitary purposes.
15. Adequate drinking,hand washing,and toilet facilities shall be provided for employees and
patrons,at all times.
16. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
17. 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.
18. 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,
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.
19. 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.
20. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
21. All buildings shall comply with the setback from oil and gas wells,per Section 23-4-700,
as amended.
22. 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
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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.
23. 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.
24. 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.
25. Construction or use,pursuant to approval of a Use by Special Review Permit,shall be
commenced within three(3)years from the date of the 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.
26. 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.
27. 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.
28. 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
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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.
29. 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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