HomeMy WebLinkAbout20220053.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR21-0017, FOR OIL AND GAS SUPPORT AND SERVICE PRINCIPALLY
ENGAGED IN SERVING THE OIL AND GAS INDUSTRY, INCLUDING PAINTING OF
OIL AND GAS SEPARATORS OUTSIDE OF SUBDIVISIONS AND HISTORIC
TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT - JEREMY MARTIN
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 5th day of
January, 2022, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Jeremy Martin, 600 County Road 21, Brighton, Colorado 80603, for a Site
Specific Development Plan and Use by Special Review Permit, USR21-0017, for Oil and Gas
Support and Service principally engaged in serving the oil and gas industry, including painting of
oil and gas separators 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, RE -4462; being part
of the W1/2 W1/2 of Section 35, Township I North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Kelsey Bruxvoort,
AGPROfessionals, LLC, 3050 67th Avenue, Suite 200, Greeley, Colorado 80634, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect.
1) Section 22-2-30.A.1 addresses Weld County's commitment to the
economic future of agriculture, specifically stating "Land use
changes should not inhibit agricultural production nor operations."
The proposed use will not inhibit agricultural production, as the
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SPECIAL REVIEW PERMIT (USR21-0017) — JEREMY MARTIN
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property is of an irregular shape and over half of the site is graded
in road base for field operations.
2) Section 22-2-60.B.5 addresses Weld County's support of
responsible energy and mineral development, stating "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 have equipment, piping and materials
that are exposed to the elements. The applicant is providing a local
service to the oil and gas industry by applying a protective coating
of primer and paint to limit corrosion and thereby helping to extend
the life of the equipment.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-40.V allows for Oil and Gas Support and Service to be
constructed, occupied, operated and maintained on Lots outside of
Subdivisions and Historic Townsites in the A (Agricultural) Zone
District.
2) 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." The
proposal meets 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 by Special Review
outside of Subdivisions and Historic Townsites.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible.
with the existing surrounding land uses. 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 on adjacent properties and ensure compatibility with
surrounding land uses and 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 three (3) mile referral area of
the City of Fort Lupton, City of Brighton and Adams County. Adams County
in their referral dated September 23, 2021, indicated no conflict with their
interests. The City of Fort Lupton and City of Brighton did not return a
referral.
The subject property falls within Quadrant III of the City of Fort Lupton's
Three Mile Plan. The Plan identifies land use types for this area, including
Rural residential, homesteads, dry agriculture, irrigated agriculture, oil and
gas facilities, gravel mining, water storage, commercial, and industrial
uses. As identified in the City of Fort Lupton Comprehensive Plan, land
use types identified for this area include Agricultural and Rural Residential,
Commercial Transition, Light Industrial and Office, and Mineral Zone.
Scattered homesteads and commercial and industrial uses define the area,
and the proposed Use is consistent with the uses identified for this area.
The subject property is also located within the Fort Lupton
Intergovernmental Agreement area.
The City of Brighton's Comprehensive Plan, Future Land Use map
identifies this property as agricultural and open space, stating agricultural
land uses are expected to remain in the County and are primarily adjacent
to ditches, open space, estate residential, and industrial land uses. The
agricultural landscape provides separation from adjacent municipalities.
The primary uses are for crop production and animal husbandry with
secondary uses being low -density residential housing on a farm or ranch
agricultural business facilities and public facilities. Applicants may apply
for oil and gas exploration, drilling and production operations, including
infrastructure and accessory equipment or structures within all zoning
districts. Though not specifically stated in the City's Land Use and
Development Code, the proposed Use would be an accessory use to the
oil and gas development permitted within the zone district. Weld County's
Future Land Use Map identifies this area outside of the Weld County
Opportunity Zone, yet within the Development classification area defined
as Urban Non -Urban mix.
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, Municipal Separate Storm Sewer Systems (MS4)
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.
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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 proposal is located on approximately 6.44 acres identified as
"Prime if Irrigated," per the 2020 Natural Resource Conservation Service
Soil Survey. With the property having no irrigation rights and over three (3)
acres in road base, no prime agricultural land is affected by this proposal.
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 Jeremy Martin, for a Site:Specific Development Plan and
Use by Special Review Permit, USR21-0017, for Oil and Gas Support and Service principally
engaged in serving the oil and gas industry, including painting of oil and gas separators 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:
Prior to recording the map:
A. The applicant shall attempt to address the requirements of the Colorado
Division of Water Resources, as stated in the referral response dated
September 24, 2021. Written evidence of such shall be submitted to the
Weld County Department of Planning Services.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR21-0017.
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.
Section 23-2-240.A.13 of the Weld County Code addresses the
issue of trash collection areas.
5) All signs shall be shown on the map and shall adhere to Chapter
23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of
the Weld County Code.
6) County Road 21 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
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delineate and label the existing right-of-way (and creating
documents) 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.
7) The applicant shall show and label the existing access location, a
complying access width, and complying turning radii (65') on the
USR map.
8) The applicant shall show and label the approved tracking control on
the site plan.
9) 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.
10) The applicant shall show and label the drainage flow arrows.
11) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
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 Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required 120 days from the date
of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge shall be added for each additional three (3) month period.
4. 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of January, A.D., 2022.
ATTEST: J WC;6k
Weld County Clerk to the Board
BY:
puty Clerk to the Board
BOARD OF COUNTY COMMISSIONERS
WEL COUNTY, COLORADO
Sc tt K. James, Chair
Mi an, Pro-Te
rry L. Buc
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JEREMY MARTIN
USR21-0017
1. The Site Specific Development Plan and Use by Special Review Permit, USR21-0017, is
for Oil and Gas Support and Service principally engaged in serving the oil and gas
industry, including painting of oil and gas separators 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 employees shall be up to four (4).
4. The number of commercial vehicles shall be up to ten (10) weekly.
5. The parking area on the site shall be maintained.
6. All signs shall adhere, to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
7. 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.
8. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
9. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
10. 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.
11. The historical flow patterns and runoff amounts on the site will be maintained.
12. Weld County is not responsible for the maintenance of on -site drainage related features.
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
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conditions. The applicant shall operate in accordance with Chapter 14, Article 1, 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 the Air Pollution Emission Notice (A.P.E.N.) Permit
requirements as stipulated by the Air Pollution Control Division of the Colorado
Department of Public Health and Environment, as applicable.
18. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and
patrons, at all times. 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.
19. Any equipment washing area(s) shall capture all effluent and prevent discharges from
washing of vehicles and equipment in accordance with the Rules and Regulations of the
Water Quality Control Commission, and the Environmental Protection Agency. Well Permit
161587-A cannot be utilized for business use unless re -permitted.
20. All chemicals must be handled in a safe manner, in accordance with product labeling and
in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile
organic compounds.
21. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
22. 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.
23. Building Permits shall be required for any new construction or set up manufactured
structure, per Section 29-3-10 of the Weld County Code. A Building Permit application
must be completed and submitted. 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 Code, 2018 International
Energy Code, 2020 National Electrical Code, and Chapter 29 of the Weld County Code.
A Plan review shall be approved, and a permit must be issued prior to the start of
construction.
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24. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
25. 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.
26. 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.
27. The property owner or operator shall be responsible for complying with all 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.
28. 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.
29. 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.
30. 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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