HomeMy WebLinkAbout20221675.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR22-0008, FOR OIL AND GAS SUPPORT AND SERVICE FOR
ESTABLISHMENTS PRINCIPALLY ENGAGED IN SERVICING THE OIL AND GAS
INDUSTRY, INCLUDING DIRECTIONAL DRILLING, OUTSIDE OF SUBDIVISIONS
AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT - BRIAN
AND JODI WARREN
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 June, 2022, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Brian and Jodi Warren, 36401 County Road 43, Eaton, Colorado 80615, for a
Site Specific Development Plan and Use by Special Review Permit, USR22-0008, for Oil and Gas
Support and Service for establishments principally engaged in servicing the oil and gas industry,
including directional drilling, 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 Second Corrected Recorded Exemption,
RE -5032; being part of the E1/2 of Section 33,
Township 7 North, Range 65 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Tim Naylor,
AGPROfessionals, 3050 67th Avenue, 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:
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.A.1 — The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect.
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1
Section 22-2-30.A.1 — states: "Land use changes should not inhibit
agricultural production nor operations."This Code section addresses
Weld County's commitment to the economic future of agriculture,
specifically stating land use changes should not inhibit agricultural
production nor operations. The proposed use will not inhibit
agricultural production or operations due to the irregular shape and
size.
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." Based
on the application materials it appears the proposed use is benefiting
the oil and gas industry, post development, and with the limited size
and location of the parking area it is not eliminating any agricultural
lands and preserving what is currently in use now.
3) Section 22-2-60.6.5 — states: "Energy development facilities should
preserve agricultural areas and enhance the rural landscape."
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 a necessary
service. All oil field operations utilize specialized equipment,
including directional drilling apparatus, to place necessary
infrastructure underground.
4) Section 22-2-30.C — states: "Harmonize development with
surrounding land uses." The proposed use is currently being
operated within the large pole barn, therefore, not negatively
impacting surrounding property owners visually, by sound or other
nuisances and will continue to operate out of this structure. The
proposed storage location is located on the north side of the
structure, which will act as the screening from surrounding
properties, and if additional screening is needed, it will be done by
opaque fencing. The overall aesthetics of the property will not
change from the proposed use. The proposed use is in an area that
can support this proposal, and the existing and future screening,
along with 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.
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: "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."This Code section allows the applicant
to apply for a USR (Use by Special Review) Permit. The proposal meets
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the intent because the proposed use directly supports the oil and gas
industry and by default the energy development sector of the Weld County
economy. Further, Chapter 23, Article III of the Weld County Code lists oil
and gas support and service businesses as a Use allowed by Special
Review outside of subdivisions and historic townsites.
2) Section 23-3-40.V — Uses by Special Review, of the Weld County Code
allows for a "Oil and Gas Support and Service" in Lots outside of a
subdivision and historic townsite in the A (Agricultural) Zone District. This
Code section allows the applicant to apply for the oil and gas truck parking
and related equipment.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible with
the existing surrounding land uses. There are seven (7) USRs within one (1) mile
of the site with no USRs located to the west of the subject property. To the north
of the subject property there is one (1) Agricultural Service Establishment,
USR-1633; and one (1) Feed Lot, SUP -190. To the east of the subject property
there is (1) outdoor storage business, USR19-0049; and two (2) Livestock
Confinement Operations, SUP -388 and USR-799. To the south of the subject
property there is one (1) kennel, USR16-0043; and one (1) second single family
dwelling, USR-1468. The Weld County Department of Planning Services sent
notice to nine (9) surrounding property owners within 500 feet of the subject
property. No correspondence was received back from surrounding property
owners regarding the proposed application. There were no emails or phone calls
received regarding the proposed application.
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 located within
three (3) miles of the Town of Eaton, which did not return a referral response. The
property is not located within an existing Intergovernmental Agreement Area (IGA)
of any 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 a Geologic Hazard Overlay
District, Airport Overlay District, Municipal Separate Storm Sewer System (MS4)
area or the Historic Townsite Overlay District. The property is located within the
Special Flood Hazard Area. The Weld County Floodplain Division had the following
comments on their referral, dated March 15, 2022, "On April 7, 2009, the Federal
Emergency Management Agency (FEMA) issued a Letter of Map Amendment
(LOMA) determination document that removed the home and the garage from the
100 -year floodplain. No additional floodplain permits are required for the garage
and the house. If any other structures are built in the floodplain or outside storage
is placed in the floodplain a Floodplain Development Permit will be required. The
remaining acreage of the site is still considered to be in the 100 -year floodplain so
outside storage of floatable materials associated with nonagricultural uses shall
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not be allowed." 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 property is approximately six (6) acres in size and is considered prime farm
ground if irrigated. Per the Natural Resources Conservation Service Soil Report
submitted there are three (3) soil types located on the property: Altvan loam with
0-1% slope, Halverson loam with 0-1% slope, and Olney fine sandy with 0-1%
slope. Additionally, due to the size and the current use already of the property, no
farmland will be removed from production, nor will it negatively impact farmland
surrounding it.
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 that there are adequate
provisions for the protection of the health, safety, and welfare of the inhabitants of
the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Brian and Jodi Warren, for a Site Specific Development
Plan and Use by Special Review Permit, USR22-0008, for Oil and Gas Support and Service for
establishments principally engaged in servicing the oil and gas industry, including directional
drilling, 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. The applicant shall address the requirements of the Department of
Planning Services — Building Inspection, which are the following:
1) The buildings need to be permitted as commercial buildings, one (1)
was ag-exempt and the other was built without permits.
2) Submit building plans drawn by a Colorado licensed design
professional and a full code analysis.
3) Submit a letter from a Colorado licensed structural engineer
confirming the entire structure and foundation is in compliance with
the 2018 International Building Code.
4) Any un-permitted work will need to be taken to the rough inspection
stage and brought into compliance with the currently adopted
Codes.
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5) If a building will be heated, please provide compliance
documentation for the 2018 International Energy Conservation
Code.
6) Fire District notification will be required.
B. All On -Site Wastewater Treatment systems (OWTS) located on the property shall
have appropriate permits/documentation from the Weld County Department of
Public Health and Environment. The Environmental Health Division was unable to
locate a permit for the connection from the shop to the existing OWTS. The existing
system will require an OWTS Minor Repair Permit. In the event the system is found
to be inadequate, the system must be brought into compliance with current OWTS
regulations.
C. 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.
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR22-0008.
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 map shall delineate the existing and proposed screening used for the
trucks, related equipment, employee parking area, and portable toilet. This
screening will ensure the trucks, related equipment, employee vehicles,
and portable toilet are screened from all adjacent properties and public
rights -of -way.
5) The map shall delineate the parking area for the trucks, related equipment,
and employee vehicles.
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) The applicant shall show the floodplain and floodway (if applicable)
boundaries on the map. Label the floodplain boundaries with the FEMA
Flood Zone and FEMA Map Panel Number or appropriate study.
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8) County Road 43 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
existing right-of-way (along with the existing right-of-way) and the physical
location of the road on the USR map. 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 shared access location,
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 construction.
10) The applicant shall show and label all access easements associated with
the parcel.
11) 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.
12) The applicant shall show and label the approved tracking control on the site
plan.
13) The applicant shall show and label the drainage flow arrows.
14) The applicant shall show and label the parking and traffic circulation.
2. Prior to Construction:
A. Any construction in the floodplain requires a floodplain permit.
3. 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.
4. 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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5. 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 22nd day of June, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COU,PdTY, COLORADO
ATTEST: dad.%) jelio;(1
Weld County Clerk to the Board
County Attorney
Date of signature: %/1y/2.2
tt K. James, Chair
3.1,-
teve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BRIAN AND JODI WARREN
USR22-0008
1. Site Specific Development Plan and Use by Special Review Permit, USR22-0018, is for
Oil and Gas Support and Service for establishments principally engaged in serving the oil
and gas industry, including directional drilling, 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 number of on -site commercial vehicles and related equipment shall be no more
than 15, per the application materials.
4. All parking areas on the site shall be maintained.
5. The existing landscaping and proposed screening on the site shall be maintained.
6. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code.
7. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. 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.
8. A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway, as delineated on Federal Emergency Management
Agency (FEMA) FIRM Community Panel Map #08123C -1250E, effective date January 20,
2016 (Lone Tree Creek Floodplain). Any development shall comply with all applicable
Weld County requirements, Colorado Water Conservation Board requirements as
described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA
regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA
definition of development is any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining, dredging, filling, grading,
paving, excavation, drilling operations, or storage of equipment and materials.
9. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of
any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified.
10. Outside storage of floatable materials associated with nonagricultural uses shall not be
allowed. Materials that are not floatable can be stored outside, provided that a Floodplain
Development Permit is obtained. Floatable materials are defined as any material that is
not secured in place that could float offsite during the occurrence of a flood and potentially
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cause harm to downstream property owners or that could cause blockage of a culvert,
bridge or other drainage facility. Floatable materials include, but are not limited to, lumber,
vehicles, boats, equipment, drums or other containers or pieces of material that are likely
to float.
11. Any fencing (screening) on the property must allow the flow of floodwaters either through
or under the fence.
12. The installation of any septic system within the 100 -year floodplain shall comply with the
Weld County OWTS Floodplain Policy.
13. 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.
14. 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.
15. 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.
16. 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.
17. The facility shall comply with all provisions of the State Underground and Above Ground
Storage Tank Regulations.
18. Any OWTS located on the property must comply with all provisions of the Weld County
Code, pertaining to OWTS.
19. 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.
20. 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, shall contain hand sanitizers, and be screened from public view.
21. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone as delineated in C.R.S. §25-12-103.
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22. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
23. 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.
24. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
25. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
26. All access and utility easements are dedicated for the benefit of all owners of lots depicted
on this plat, including owners of future lots created therefrom, regardless of lot
configuration or number of users, and without limitation of the use or intensity of the use
of such easements. No lot owner may install a gate or otherwise impede the use of such
easements without the approval of all persons with rights of use of such easements.
27. Prior to the release of Building Permits, the applicant shall be required to submit a
complete Commercial Access application for the existing permitted access location, as
shown on this plat.
28. The historical flow patterns and runoff amounts on the site will be maintained.
29. Building Permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2018 International Codes,
2018 International Energy Code, and 2020 National Electrical 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 shall be
required or an Open Hole Inspection.
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.
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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 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.
35. This Use by Special Review shall terminate when the use is discontinued for a period of
three (3) consecutive years, the use of the land changes or the time period established by
the Board of County Commissioners through the approval process expires. The landowner
may notify the Department of Planning Services of a termination of the use, or Planning
Services staff may observe that the use has been terminated. When either the Department
of Planning Services is notified by the landowner, or when the Department of Planning
Services observes that the use may have been terminated, the Planner shall send certified
written notice to the landowner asking that the landowner request to vacate the Use by
Special Review Permit.
36. 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.
37. 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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