HomeMy WebLinkAbout20222316.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR22-0012, FOR OIL AND GAS SUPPORT AND SERVICE INCLUDING
OUTDOOR STORAGE YARDS FOR OIL AND GAS VEHICLES AND EQUIPMENT IN
THE A (AGRICULTURAL) ZONE DISTRICT - CORY AND TRACI KNOTE,
CIO DIAMOND T SERVICES, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 17th day of
August, 2022, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Cory and Traci Knote, 8711 County Road 23, Fort Lupton, Colorado 80621,
c/o Diamond T Services, Inc., 1501 Washington Avenue, Unit C-1, Golden, Colorado 80401, for
a Site Specific Development Plan and Use by Special Review Permit, USR22-0012, for Oil and
Gas Support and Service including Outdoor Storage Yards for Oil and Gas Vehicles and
Equipment in the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
Lot B of Recorded Exemption, RE -1541; being part
of the E1/2 of Section 23, Township 2 North,
Range 67 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 23-2-230.6 of the Weld County Code as follows:
A. Section 23-2-230.6.1 — The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect.
1) Section 22-2-30.C.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 storage yard is located
in the northwestern corner of the property. The site is setback from
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County Road 23 and is buffered from the residence on the adjacent
property to the south by existing buildings and trees.
2) Section 22-2-60.B.3 states: "Require that energy and mineral
resource development conserve the land and minimize the impact
on surrounding land and the existing surrounding land uses." The
proposed USR storage and rental yard area is located on only
five (5) acres of a 53.5 -acre property. The remainder of the property
contains a residence, outbuildings, and farmland.
B. Section 23-2-230.6.2 — The proposed use is consistent with the Intent of
the A (Agricultural) Zone District.
1) The proposed use is permittable under Section 23-3-40. 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. The proposal meets the Intent
because this use supports natural resource extraction and energy
development. Conditions of Approval and Development Standards
are proposed to mitigate impacts associated with the use and
ensure compatibility with the surrounding properties. This use is
allowed as a Use by Special Review Permit (as an Oil and Gas
Support and Service facility), delineated under Section 23-3-40.V of
the Weld County Code.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The storage yard is setback from
County Road 23 and is located approximately 1,200 feet from the nearest
residences to the north and south and approximately 1,500 feet from the
nearest residence to the east. The site is located approximately 1/3 mile
east of an existing equine breeding, boarding and training facility (approved
under USR1184) and approximately 1/2 mile to the west of a gravel mining
USR (AMUSR-1394). The amount of traffic generated by the use is minimal
and will have little to no impact on adjacent properties. The existing storage
area is not visible from County Road 23. Seven (7) surrounding property
owners were notified of this request. No phone calls or correspondence
has been received from surrounding property owners regarding this
application. The proposed use is in an area that can support this
development and the proposed screening, Conditions of Approval and
Development Standards will assist in mitigating the impacts of the facility
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on adjacent properties and ensure compatibility with surrounding land uses
and 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 property is within the Cooperative Planning Agreement
Boundaries for both the Town of Firestone and City of Fort Lupton. The
property is located outside of the future land use (Core Area), as delineated
in the City of Fort Lupton Comprehensive Plan, and is located outside of
the boundaries delineated in the Firestone Master Plan Map. The City of
Fort Lupton and Town of Firestone were notified of the request after the
initial pre -application meeting. The City of Fort Lupton provided a response
dated January 15, 2021, stating the applicant was not interested in
annexation and that Fort Lupton would respond during the referral process.
The Town of Firestone indicated that they were not interested in pursuing
annexation in their response, dated November 10, 2020. The site is located
within the three (3) mile referral area of the Town of Firestone and City of
Fort Lupton. The Town of Firestone stated no concerns in their referral
comments, dated April 5, 2022. No referral response has been received
from the City of Fort Lupton.
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
Geologic Hazard Overlay District, Agricultural Heritage Overlay District,
Airport Overlay District, MS4 area, Historic Townsite Overlay District or a
Special Flood Hazard Area. 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 23-2-230.6.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposal is located on approximately 53.49 acres. The storage
area is designated as Farmland of Local Importance, per the 2020 Natural
Resource Conservation Service Soil Survey. The storage area
encompasses ten percent (10%) of the property and does not impact the
remainder of the property to the east that is in crop production.
G. Section 23-2-230.6.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Cory and Traci Knote, do Diamond T Services, Inc., for
a Site Specific Development Plan and Use by Special Review Permit, USR22-0012, for Oil and
Gas Support and Service including Outdoor Storage Yards for Oil and Gas Vehicles and
Equipment in the A (Agricultural) Zone District, on the parcel of land described above be, and
hereby is, granted subject to the following conditions:
1. Prior to recording the map:
A. A Final Drainage Report and Certification of Compliance, stamped and
signed by a Professional Engineer, registered in the State of Colorado is
required.
B. A Weld County Grading Permit is required.
C. The applicant shall attempt to address the comments of the Colorado
Division of Water Resources as stated in their referral response, dated
April 11, 2022. Written evidence of such shall be provided to the
Department of Planning Services.
D. Storage of Oil and Gas equipment is similar to industrial storage. Such uses
are to be screened from adjacent non -industrial zoned property. The
storage area shall be fenced and those areas visible from adjacent
properties shall be screened (either by a solid metal, wood or vinyl fence
or by vegetation) from the adjacent parcels to the north and south.
E. The applicant shall acknowledge and address the comments of the Weld
County Oil and Gas Energy Department (OGED) as stated in their referral,
dated April 21, 2022. Written evidence of such shall be provided to the
Department of Planning Services.
F. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR22-0012.
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) County Road 23 is a paved road and is designated on the Weld
County Functional Classification Map 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 creating documents for the existing right-of-way) and the
physical location of the road on the USR map. All setbacks shall be
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measured from the edge of the future right-of-way. This road is
maintained by Weld County.
5) The applicant shall show and label the approved access location,
approved access width and the appropriate turning radii (65') on the
map.
6) 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.
7) The applicant shall show and label the accepted drainage features.
The stormwater retention pond shall be labeled as "Stormwater
Retention, No -Build or Storage Area" and shall include the
calculated storage volume.
8) The applicant shall show and label the drainage flow arrows.
9) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
10) 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.
11) The map shall delineate the screening in accordance with the
approved Screening Plan.
12) 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.
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2. 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.
3. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of August, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dailvt) W, ..e&O;ok
Scott K. James, Chair
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APP'-SVED A
ounty A torney
Date of signature: 9/2-/.22.
M.
Lori Saine
teve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CORY AND TRACI KNOTE,
C/O DIAMOND T SERVICES, INC.
USR22-0012
1. Site Specific Development Plan and Use by Special Review Permit, USR22-0012, is for
Oil and Gas Support and Service including Outdoor Storage Yards for Oil and Gas
Vehicles and Equipment 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 hours of operation (hauling hours) are daylight hours Monday — Friday. Equipment
will occasionally be moved/relocated on Saturdays and Sundays.
5. The parking/storage area on the site shall be maintained.
6. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code.
7. The existing and proposed landscaping and proposed screening on the site shall be
maintained in accordance with the approved Landscape and Screening Plan.
8. 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.
9. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
10. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
11. 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.
12. The historical flow patterns and runoff amounts on the site will be maintained.
13. Weld County is not responsible for the maintenance of on -site drainage related features.
14. 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.
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15. 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.
16. 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.
17. 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.
18. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and
patrons, at all times. For employees or contractors on site for less than two (2) consecutive
hours a day, and two (2) or less full-time employees on site, 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.
19. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
20. Lighting shall be maintained in accordance with the approved Lighting Plan.
21. Sources of light shall be shielded so that beams or rays of light will not shine directly onto
adjacent properties. 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/roads. No colored
lights may be used which may be confused with, or construed as, traffic control devices.
22. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
23. 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.
24. 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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25. 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.
26. 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.
27. 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.
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
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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