HomeMy WebLinkAbout20213164.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, • - • 4 5, FOR OIL AND GAS SUPPORT AND SERVICE (TRUCK
PARKING) 0 -TSIDE . SUBDIVISIONS AND HISTORIC TOWNSITES IN THE
A (AGRICU URAL) ZO '(STRICT—STACY DITTER
W -EAS the :•- • • ounty Commissioners of Weld County, Colorado, pursuant to
Colora.• statute a d the Weld County Home.Rule Charter, is vested with the authority of
administering the a ':irs of Weld County, Colorado, and
WHEREAS, e Bo- d • '• my 44missioners held a public hearing on the 17th day of
November, 2021, al the • •• •f 10:00 a.m., in •- Chambers of the Board, for the purpose of
hearing the applicati• of Stacy •' -r, 33818 Coun 'oad 53, Gill, Colorado 80624, for a Site
Specific Developme Plan and Use • Special Review Permit, USR21-0015, for Oil and Gas
Support and Service ck parking) outside of subdivisions and historic townsites in the
A (Agricultural) Zone Distri , on the following de d real estate, being more particularly
described as follows:
Lot 2 of Rec ded Exempti , RE-32; being part of
the NW1/4 o Section , Township 6 North,
Range 64 West th P. ounty,
Colorado
WHEREAS, at said hearing, the appli nt was represented by Kelsey Bruxvoort,
AGPROfessionals, LLC, 3050 67th Avenue, Greel , Colorado 80634, and
WHEREAS, Section 23-2-230 of the Weld Coun Code provid tandards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of testimony and
statements of those present, studied the request of the applicant and th c mendation of the
Weld County Planning Commission and all of the exhibits and evid a pr ented in thi atter
and, having been fully informed, finds that this request shall be approved for a followi reasons:
1. The submitted materials are in compliance with the applic ti requiremen of
Section 23-2-260 of the Weld County Code.
2. The applicant has demonstrated that the request is in confor ce wit
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 — The proposed use is consistent Chapter 2
and any other applicable code provisions or ordinance in effec .
1) Section 22-2-30.A.1 states: "Land use changes should not inhibit
agricultural production nor operations."The subject property is also
utilized for residential productive agricultural use. The Eaton Ditch
is the physical division between the two (2) Uses; therefore, it is not
likely the trucking operation will expand into agricultural portion of
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the property. Also, the size and location of the parking area is not a
feasible location for agricultural purposes and is currently not being
used for agricultural purposes.
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 that 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.
3) Section 22-2-30.0 states: "Harmonize development with
surrounding land uses." The proposed Use is currently screened
with established trees, and the location of parking area is not easily
visible from the public road right-of-way. Planning staff has not
received any surrounding property owner concerns but is still
requiring an access easement to ensure adequate access and
maintenance of the private roadway utilized for truck parking. The
proposed Use is in an area that can support this development and
the existing and future screening, the Conditions of Approval, and
the 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, in part: "The A (Agricultural) Zone District
is intended to provide areas for the conduct of agricultural activities and
activities related to agriculture and agricultural production, and for areas for
natural resource extraction and energy development, without the
interference of other, incompatible land Uses." This Code section allows
the applicant to apply for a USR (Use by Special Review) Permit.
2) Section 23-3-40.V — Uses by Special Review, of the Weld County Code
allows for "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 eight (8) USRs within one (1) mile
of the site. To the west of the subject property there is a sheep feed lot, USR-682,
and a mineral resource development facility, USR12-0027. To the north of the
subject property there is a central gas treating facility, SUP-287. To the east of the
subject property there is a roping arena and Second Single-Family home,
USR-139, and a dairy, AMUSR-820. To the south of the subject property there is
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parking and storage for a septic business, USR18-0010, and a water tank,
USR-578. The Weld County Department of Planning Services sent notice to 12
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.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 not located within a
three (3) mile referral area of any municipality, nor is it located within any existing
Intergovernmental Agreement Area (IGA) of a municipality.
E. Section 23-2-230.B.5 — The application complies with Chapter 23, Articles V and
XI, of the Weld County Code. The property is not within the Special Flood Hazard
Area, Geologic Hazard Overlay District, Airport Overlay District, Municipal
Separate Storm Sewer System (MS4) area or the Historic Townsite Overlay
District. Building Permits issued on the lot will be required to adhere to the fee
structure of the County-Wide Road Impact Fee, County Facility Fee, and Drainage
Impact Fee Programs.
F. Section 23-2-230.B.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed use.
The property is approximately 26 acres in size. The 0.75 acres of property that will
be utilized east of the Eaton Ditch indicated Thedalund loam soils were
encountered, per the Natural Resources Conservation Service Soil Survey dated
June 1, 2021. Additionally, due to the size of the area that is being utilized for the
Use, no farmland will be removed from production.
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 Stacy Ditter, for a Site Specific Development Plan and
Use by Special Review Permit, USR21-0015, for Oil and Gas Support and Service (truck parking)
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 submit a recorded copy of the easement agreement
signed by all owners of the property crossed by the access, which include
parcel numbers 080116000073 and 080116200071. The access easement
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shall be shown and labeled on the USR map and referenced by the
associated Weld County Clerk and Recorder's Reception number.
B. The applicant shall address the requirements of the Department of
Planning Services — Development Review related to Water Quality
Requirements, as stated in the referral response dated September 14,
2021. Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
C. A Screening Plan shall be submitted to, and accepted by, the Department
of Planning Services that screens the site.
D. A Road Maintenance Agreement is required with this land use case. Road
maintenance includes, but is not limited to, dust control and damage repair
to specified haul routes.
E. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR21-0015.
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.
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 and Appendices 23-C, 23-D and 23-E of the
Weld County Code, if applicable.
7) County Road 53 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
delineate and label the existing right-of-way (along with the creating
documents) and the physical location of the road on the USR map.
All setbacks shall be measured from the edge of right-of-way. This
road is maintained by Weld County.
8) County Road 70 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
delineate and label the existing right-of-way (along with the creating
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documents) and the physical location of the road on the USR map.
All setbacks shall be measured from the edge of right-of-way. This
road is maintained by Weld County.
9) The applicant shall show and label the approved tracking control on
the site plan.
10) The applicant shall show and label the accepted water quality
BMPs.
11) The applicant shall show and label the drainage flow arrows.
12) 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 17th day of November, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
,�,/ I, WELD COUNTY, COLORADO
ATTEST: dcithiv ,
.�C1lD �r.
Steve oreno hair
Weld County Clerk to the Board
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BY: � �u , -.
eputy Clerk to the Board fit.
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APP DA e OR4r .'' ;r �` if_ ,
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ounty 4 .rney
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Date of signature: I�-/N/2
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PL2803
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
STACY DITTER
USR21-0015
1. The Site Specific Development Plan and Use by Special Review Permit, USR21-0015, is
for Oil and Gas Support and Service (truck parking) outside of subdivisions and historic
townsites in the A (Agricultural) Zoned 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 14.
4. The parking area on the site shall be maintained.
5. The existing and proposed landscaping/screening 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. 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. 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.
9. 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.
10. 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.
11. 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.
12. Any On-site Wastewater Treatment System (OWTS) located on the property must comply
with all provisions of the Weld County Code, pertaining to OWTS. A permanent, adequate
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water supply shall be provided for drinking and sanitary purposes, if required for business
use.
13. For employees or contractors onsite for less than two (2) consecutive hours a day, and
two (2) or less full-time employees onsite, portable toilets and bottled water are
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 and shall contain hand sanitizers.
14. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
15. 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.
16. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking.
17. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
18. 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.
19. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
20. The Road Maintenance Agreement for this site may be reviewed on an annual basis,
including a site visit and possible updates.
21. The historical flow patterns and runoff amounts on the site will be maintained.
22. Weld County is not responsible for the maintenance of on-site water quality features.
23. 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,
and the 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.
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
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any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
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 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.
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 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.
29. 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.
30. 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.
31. 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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