HomeMy WebLinkAbout20210439.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR20-0022, FOR AN OIL AND GAS SUPPORT AND SERVICE (OUTSIDE
STORAGE OF OIL FIELD SUPPORT EQUIPMENT, VEHICLES, AND SUPPLIES) AND
MORE THAN THE NUMBER OF CARGO CONTAINERS ALLOWED BY
SECTION 23-3-30 OF THE WELD COUNTY CODE (UP TO 20 CARGO CONTAINERS)
IN THE A (AGRICULTURAL) ZONE DISTRICT -151 DEVELOPMENT GROUP, LLC
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 13th day of
January, 2021, at the hour of 10:00 a.m., in the Chambers of the Board for the purpose of hearing
the application of 151 Development Group, LLC, 12932 Sheramdi Street, Longmont, Colorado
80503, for a Site Specific Development Plan and Use by Special Review Permit, USR20-0022,
for an Oil and Gas Support and Service (outside storage of oil field support equipment, vehicles,
and supplies) and more than the number of cargo containers allowed by Section 23-3-30 of the
Weld County Code (up to 20 cargo containers) in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
Part of the SW1/4 of Section 19, Township 3 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the Board heard all of the testimony and statements of those
present and reviewed the request of the applicant and continued the matter to February 17, 2021,
at 10:00 a.m., to allow it to be heard by the Planning Commission on January 19, 2021, and
WHEREAS, on February 17, 2021, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.6.1 — The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
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1
Section 22-2-30.C states: "Harmonize development with
surrounding land uses." The applicant has been working with a
neighboring property owner to the northeast of the site (an objector)
to install screening to screen and mitigate the look of the use from
this property.
2) Section 22-2-30.C.1 states, in part: "Uses that are incompatible with
existing uses must be able to mitigate conflicts." The proposed use
will be located in the vicinity of existing residences across
County Road (CR) 1 to the west and rural residential lots to the
north and east. The applicant has amended the storage area to be
predominately located in areas in the vicinity of CR 1 and has
increased the setback of the facility from CR 1 by approximately
440 feet.
3) Section 22-2-60.6.3 states: "Require that energy and mineral
resource development conserve the land and minimize the impact
on the surrounding land and existing surrounding land uses." The
storage area will be located adjacent to existing oil and gas
improvements on the property. A Landscape and Screening Plan is
attached as a Condition of Approval to screen the oil and gas
equipment storage area from adjacent properties and rights -of -way.
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: "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
proposed use is a support use for natural resource extraction and
energy development uses. No agricultural land (cropland) will be
removed as a result of this use.
C. Section 23-2-230.6.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. Some small-scale cropland and
two (2) single-family residences are located to the west, across CR 1.
Single-family residences are located on rural properties to the north and
east. A single-family residence is located to the south and two (2)
subdivisions (Seemore Heights and Nesting Crane PUD) are located to the
south and southeast. An Indoor RV Storage Facility is located to the
north (USR19-0006) and a kennel operation (USR14-0040) is located to
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the southwest. A tree recycling/mulch business (USR-1738) and a
landscaping business (USR-1440) are located approximately 800 feet to
the north. Staff received a phone call from one (1) surrounding property
owner expressing concern that oil and gas equipment continues to be
brought into the site and the proximity of the storage area to neighboring
properties. No other phone calls or correspondence has been received
from surrounding property owners concerning this application. The extent
of the existing storage area has not increased since the application was
submitted. The applicant has been working with the surrounding property
owner to establish screening to mitigate the appearance of the facility from
his property and has relocated existing oil and gas equipment that was
installed immediately adjacent to the fence on the eastern boundary of the
storage area. The applicant has redesigned the facility to move the
boundaries of the storage area further away from residences on CR 1. The
traffic associated with this proposed use is relatively low (approximately 60
roundtrips per month for semis and trailers and approximately 60 round
trips per day for passenger vehicles). Conditions of Approval and
Development Standards, including requiring a Landscape and Screening
Plan, to screen the storage area on all sides, will mitigate impacts and
assist in ensuring compatibility with existing surrounding land uses.
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 areas of
the City of Longmont and Towns of Firestone and Mead. The Town of Mead
Municipal limits are approximately 950 feet to the east of this property and
the City of Longmont is in the proximity to the southwest corner of the
CR 1/State Highway 66 intersection. No referral response was received
from the City of Longmont. The Town of Firestone, in the referral comments
dated September 9, 2020, indicated no concerns. The site is located within
the Coordinated Planning Agreement Area of the Town of Mead, which
responded in a Notice of Inquiry dated July 22, 2020, expressing no interest
in pursuing annexation with the applicant. Town of Mead, in the referral
response dated September 11, 2020, indicated no conflict with its interests,
however, an updated referral response dated December 11, 2020, stated
the proposed use does not comply with the Comprehensive Plan future
land use designations. No other objections to the use were mentioned in
the Town of Mead referral. The Mead Comprehensive Plan identifies the
area around the intersection of CR 1 and State Highway 66, including this
property, as outside of the Town Limits but within the 2018 Mead Planning
Influence Area with proposed uses designated as MU -RC (Mixed Use —
Residential Commercial. The Town of Mead Comprehensive Plan
delineates MU -RC as "a mix of large lot, single-family, multi -family, and
senior housing, supported by small pockets neighborhood -serving
commercial uses."
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The proposed Use will only occupy a portion of the property (largely around
areas disturbed by existing oil and gas production and staging areas) and
will be located approximately 500 to 600 feet north of the CR 1/State
Highway 66 intersection. The proposed storage area (since the original
submittal) has been reduced in area and set back further from CR 1 to the
west. Additionally, traffic associated with the facility (eight [8] round trips
per day) will be minimal. Conditions of Approval and Development
Standards (requiring the facility to be screened from all sides) will assist in
ensuring compatibility with future development should it occur on this site
or adjacent sites.
E. Section 23-2-230.6.5 — 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, a Special Flood Hazard Area or the
Airport 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 proposed facility is located on approximately 46.7 acres identified
as "Other" with a small portion in the northeast corner identified as "Prime,"
per the 1979 Soil Conservation Service Important Farmlands of Weld
County Map. The area in the northeast corner of the site is occupied by an
existing oil and gas production facility. No existing farmground will be taken
out of production under this Use by Special Review Permit.
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 will 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 151 Development Group, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR20-0022, for an Oil and Gas Support
and Service (outside storage of oil field support equipment, vehicles, and supplies) and more than
the number of cargo containers allowed by Section 23-3-30 of the Weld County Code (up to 20
cargo containers) 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. An Improvements and Road Maintenance Agreement with future triggers
is required for off -site improvements at this location. Road maintenance
includes, but is not limited to, dust control and damage repair to specified
haul routes. The Agreement shall include provisions addressing
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engineering requirements, submission of collateral, and testing and
approval of completed improvements.
B. A Final Drainage Report and Certification of Compliance, stamped and
signed by a Professional Engineer registered in the State of Colorado, is
required.
C. A Decommissioning Plan shall be submitted to, and approved by, the
Department of Planning Services.
D. A Landscape and Screening Plan shall be submitted to, and accepted by,
the Department of Planning Services that screens the site from the
surrounding property owners and rights -of -way on all sides. If landscaping
is proposed, a Long-term Irrigation Source and Irrigation Plan detailing the
irrigation and maintenance of landscaping shall be submitted for review and
approval.
E. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR20-0022.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) County Road 1 is paved road and designated on the Weld County
Functional Classification Map as a collector road, which requires
80 feet of right-of-way at full buildout. The applicant shall delineate
and label the future and existing right-of-way (along with the
documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
5) The applicant shall show and label the approved access locations,
approved access width and the appropriate turning radii (60 feet).
The applicant must obtain an Access Permit in the approved
location(s) prior to operation.
6) The applicant shall show and label the approved tracking control.
7) 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.
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8) The applicant shall show and label the accepted drainage features.
Stormwater ponds should be labeled as "Stormwater Detention,
No -Build or Storage Area" and shall include the calculated volume.
9) The applicant shall show and label the drainage flow arrows.
10) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
11) The applicant shall delineate the trash collection areas.
Section 23-2-240.A.13 of the Weld County Code addresses the
issue of trash collection areas.
12) The applicant shall delineate the landscaping and screening in
accordance with the accepted Landscape and Screening Plan.
13) 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.
14) The applicant shall delineate the parking area for the vendors,
customers and/or employees.
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 map 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. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to
on -site construction.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
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5. The Use by Special Review 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
map is ready to be recorded in the office of the Weld County Clerk and Recorder
or the applicant has been approved for an early release agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of February, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Weld County Clerk to th- Board
BY:
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County Attorney
Date of signature: oth.
Lori Sa.
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
151 DEVELOPMENT GROUP, LLC
USR20-0022
1. The Site Specific Development Plan and Use by Special Review Permit, USR20-0022, is
for an Oil and Gas Support and Service (outside storage of oil field support equipment,
vehicles, and supplies) and more than the number of cargo containers allowed by
Section 23-3-30 of the Weld County Code (up to 20 cargo containers) in the
A (Agricultural) Zone District, subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. Any equipment and supplies over 30 feet in height shall be stored horizontally.
4. The parking and storage area on the site shall be maintained.
5. 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.
6. The existing and proposed landscaping and screening on the site shall be maintained in
accordance with the accepted Landscape and Screening Plan.
7. Required landscaping and screening shall be installed within one (1) calendar year of
issuance of a Building Permit or commencement of use, whichever occurs sooner.
8. Dead or diseased plant materials shall be replaced with materials of similar quantity and
quality at the earliest possible time.
9. The property owner shall maintain compliance with the accepted Decommission Plan.
10. 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.
11. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
12. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
13. 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.
14. The site shall comply with Colorado Department of Transportation State Highway 66
Access Control Plan.
15. The site shall comply with State Highway 66 Planning and Environmental Linkage
Study (PEL).
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16. The property owner shall comply with all requirements provided in the executed
Improvements and Road Maintenance Agreement.
17. The Improvements and Road Maintenance Agreement for this site may be reviewed on
an annual basis, including a site visit and possible updates.
18. The historical flow patterns and run-off amounts on the site will be maintained.
19. Weld County is not responsible for the maintenance of on -site drainage related features.
20. 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.
21. 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.
22. 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.
23. 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.
24. Adequate drinking, handwashing and toilet facilities shall be provided for employees, at
all times. For employees or contractors onsite for less than two (2) consecutive hours a
day, 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 public view.
25. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
26. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties. Sources of light should not cause a nuisance or interfere with the use on the
adjacent properties in accordance with the map. 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.
27. 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
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following have been adopted by Weld County: 2018 International Building Codes, 2006
International Energy Code, 2017 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.
28. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
29. 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.
30. 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.
31. 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.
32. 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.
33. A Use by Special Review shall terminate when the use is discontinued for a period of
three (3) consecutive years, the use of the land changes or the time period established by
the Board of County Commissioners through the approval process expires. The landowner
may notify the Department of Planning Services of a termination of the use or Planning
Services staff may observe that the Use has been terminated. When either the
Department of Planning Services is notified by the landowner, or when the Department of
Planning Services observes that the Use may have been terminated, the Planner shall
send certified written notice to the landowner asking that the landowner request to vacate
the Use by Special Review Permit.
34. 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;
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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.
35. 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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