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LAND USE APPLICATION
SUMMARY
Chris Gathman
USR22-0012
Cory and Traci Knote
Diamond T Services c/o Adam Davenport
1501 Washington Avenue, Unit C-1, Golden, CO 80401
8711 County Road 23, Fort Lupton, Colorado 80621
Hearing Date: August 2; 2022
A Site -Specific Development Plan and Use by Special Review Permit for Oil and Gas
Support including Outdoor Storage Yards for Oil and Gas Equipment outside of
subdivisions and historic townsites in the A (Agricultural) Zone District.
Lot B of Recorded Exemption RE -1541; located in Part of the E2 of Section 23,
T2N, R67W; Weld County
Location East of and adjacent to County Road 23 and approximately 1/4 mile south of County
Road 20.
Size of Parcel:
± 53.49 acres Parcel No. 1311-23-0-00-045
The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
• Weld County Department of Public Health and Environment, referral dated 4/12/2022
• Weld County Department of Planning Services — Development Review, referral dated 4/28/2022
• Weld County Oil and Gas Energy Department, referral dated 4/21/2022
• Colorado Division of Water Resources, referral dated 4/11/2022
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
• Coal Ridge Ditch, referral dated 4/29/2022
• Colorado Parks and Wildlife, referral dated 4/7/2022
• Fort Lupton Fire Protection District; referral dated 4/13/2022
• Weld County School District RE -8, referral dated 4/15/2022
• Weld County Sheriff's Office, referral dated 4/5/2022
• Town of Firestone; referral dated 4/5/2022
The Department of Planning Services' staff has not received responses from the following agencies:
• Colorado Parks and Wildlife
• City of Fort Lupton
• Platte Valley Soil Conservation District
• Weld County Assessor's Office
• Weld County Department of Planning Services —Code Compliance
USR22-0012, Knote
Page 1 of
Case Summary:
The applicant (Diamond T) rents equipment and provides services to the oil and gas industry (including rig
washing, equipment fueling, well maintenance...) and construction industries. The applicant is
proposing/utilizing a laydown yard on five (5) acres for storage of oil and gas equipment and vehicles
(including rig mats, pickup trucks, light towers, tanks, loaders, centrifuge equipment and related
equipment). When needed, Diamond T will rent roll -off dumpsters to dispose of trash, The application
indicates that they are not set operating hours, most of the equipment is moved in or out of the area during
daylight hours on weekdays (Monday -Friday). The application indicates that traffic accessing the site is
intermittent and is estimated to be two roundtrips per day (for a pickup truck and a semi -truck).
This application has been submitted in response to an active zoning violation (ZCV20-00212) for operating
an oil and gas support and service facility (oil and gas equipment and vehicle storage yard) without the
appropriate land use/zoning permits. This case has been forwarded to the County Attorney's Office. If this
application is denied, the Zoning Violation (ZCV22-00212) case would proceed accordingly through the
County Court process.
DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED BASED ON THE FOLLOWING APPROVAL CRITERIA:
The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect,
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
County Road 23 and is buffered from the residence on the adjacent property to the south by
existing buildings and trees.
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 5 acres of a 53 5 -acre
property. The remainder of the property contains a residence and outbuildings and
farmland.
B. Section 23-2-220.A,2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
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. Development standards and conditions of approval 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.
USR22-0012, Knote
Paget of8
C. Section 23-2-220.A,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,
Development Standards, and Conditions of Approval will assist in mitigating the impacts of the
facility on adjacent properties and ensure compatibility with surrounding land uses and region.
D. Section 23-2-220.A.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 that the applicant was not
interested in annexation and that Fort Lupton would respond during the referral process. The
Town of Firestone responded 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 23-2-220.A,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 Program, County Facility Fee and Drainage
Impact Fee Programs.
F. Section 23-2-220.A,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 10% of the property and does not impact the
remainder of the property to the east that is in crop production.
G. Section 23-2-220.A,7 — There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
USR22-0012, Knote
Page3 of8
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 health; safety, and welfare of the
inhabitants of the neighborhood and County
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
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 (Development Review)
B. A Weld County Grading Permit is required. (Development Review)
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. (Colorado Division of Water
Resources)
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 fenceor by vegetation) from the adjacent parcels to the north and south. (Department
of Planning Services)
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. (OGED)
The map shall be amended to delineate the following
1. All sheets of the map shall be labeled USR22-0012 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
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 on the USR map 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, All setbacks shall be measured from the edge
of the future right-of-way. This road is maintained by Weld County. (Development
Review)
5. Show and label the approved access location, approved access width and the
appropriate turning radii (65') on the map. (Development Review)
6. 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.
(Development Review)
7. 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. (Development Review)
USR22-0012, Knote
Page4 of8
8. Show and label the drainage flow arrows, (Development Review)
9. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Development Review)
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.
(Department of Planning Services)
11. The map shall delineate the screening in accordance with the approved Screening
Plan. (Department of Planning Services)
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 one hundred twenty (120) days
from the date of the Board of County Commissioners Resolution. The applicant shall
be responsible for paying the recording fee. (Department of Planning Services)
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 3 -month period. (Department of
Planning Services)
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 (Department of Planning Services)
USR22-0012, Knote
Page5 of8
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Cory & Traci Knote — Diamond T Services, Inc,
USR22-0012
A Site -Specific Development Plan and Use by Special Review Permit, USR22-0012, fora for Oil and
Gas Support including Outdoor Storage Yards for Oil and Gas Equipment outside of subdivisions and
historic townsites in the A (Agricultural) Zone District, subject to the Development Standards stated
hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
4. The hours of operation (hauling hours) are daylight hours Monday —Friday. Equipment will occasionally
be moved/relocated on Saturdays and Sundays. (Department of Planning Services)
5. The parking/storage area on the site shall be maintained, (Department of Planning Services)
6. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code. (Department of
Planning Services)
7. The existing and proposed landscaping and proposed screening on the site shall be maintained in
accordance with the approved Landscape and Screening Plan. (Department of Planning Services)
8. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant
to Chapter 15, Article I and II; of the Weld County Code. (Development Review)
9. The access to the site shall be maintained to mitigate any impacts to the public road; including damages
and/or off -site tracking. (Development Review)
10. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Development Review)
11. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement. (Development Review)
12. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
13. Weld County is not responsible forthe maintenance of onsite drainage related features. (Development
Review)
14. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100 5; C. R.S.) shall be stored and removed forfinal disposal in a manner that protects against surface
and groundwater contamination. (Department of Public Health and Environment)
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, 30-20-100.5, C.R S. (Department of Public Health and Environment)
16. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugfive
particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall
operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public
Health and Environment)
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. (Department of Public Health and
Environment)
USR22-0012, Knote
Page6 of8
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 2 consecutive hours a day, and 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. (Department of Public Health and Environment)
19. The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code. (Department of Public Health and Environment)
20. Lighting shall be maintained in accordance with the approved Lighting Plan (Department of Planning
Services)
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. (Department of Planning Services)
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 off ice of the Department
of Planning Services.
25. The property owner or operatorshall be responsibleforcomplying with all of theforegoing 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
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 atermination 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.
USR22-0012, Knote
Page7 of8
Mineral resource locations are widespread throughout the County and people moving into these areas
must recognize the various impacts associated with this development. Often times, 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. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold, The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture. Persons moving into a rural area must recognize and
accept there are drawbacks, including conflicts with long -standing agricultural practices and a lower
level of services than in town. Along with the drawbacks come the incentives which attract urban
dwellers to relocate to rural areas: open views, spaciousness; wildlife; lack of city noise and congestion,
and the rural atmosphere and way of life. Without neighboring farms, thosefeatures which attract urban
dwellers to rural Weld County would quickly be gone forever,
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodatethe intrusions of urban users into a rural area Well -run agricultural activities
will generate off -site impacts; including noisefrom tractors and equipment, slow -moving farm vehicles
on rural roads; dust from animal pens, field work, harvest and gravel roads, odor from animal
confinement, silage and manure; smokefrom ditch burning; flies and mosquitoes, hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife, and the use of pesticides and fertilizers in
the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize
an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural
and urban areas of the County. Section 35-3.5-102, C.R S., provides that an agricultural operation shall
not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be; the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hund red (3,700) miles of state and
county roads outside of municipalities, The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave
their jobs and families to respond to emergencies. County gravel roads, no matter how often they are
bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm. Services in rural areas; in many cases, will not be equivalent to municipal services. Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sand burs, puncture vines; territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood.
USR22-0012, Knote
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July 14, 2022
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: cgathman@weldgov.com
PHONE: (970) 400-3537
FAX: (970) 304-6498
INGALLS VANESSA
1501 WASHINGTON AVENUE, UNIT C-1
GOLDEN, CO 80401
Subject: USR22-0012 - A Site Specific Development Plan and Use by Special Review Permit for Oil
and Gas Support including Outdoor Storage Yards for Oil and Gas Equipment in the A (Agricultural)
Zone District.
On parcel(s) of land described as:
LOT B RE -1541; PT E2 SECTION 23, T2N, R67W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on August 02, 2022 at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on August 17, 2022
at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance
to answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the
Weld County Planning Department with written certification indicating the above requirement has
been met.
A representative from the Department of Planning Services will be out to the property a minimum of
ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent
place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at https://accela-
aca.co.weld.co.us/CitizenAccess
Rees pectfu I .W41,
Chris Gathman
Planner
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