HomeMy WebLinkAbout20211318.tiffRESOLUTION
RE: ACCEPT REQUEST TO WITHDRAW A SITE SPECIFIC DEVELOPMENT PLAN AND
USE BY SPECIAL REVIEW PERMIT, USR-1656, FOR OIL AND GAS PRODUCTION
FACILITIES (TWO OIL AND GAS WELLS - AND ANY ADDITIONAL WELLS
ALLOWED BY THE COLORADO OIL AND GAS CONSERVATION COMMISSION
DRILLED FROM THE SAME PAD, ALONG WITH A TANK BATTERY SITE) IN THE
A (AGRICULTURAL) ZONE DISTRICT AND RESCIND RESOLUTION #2008-2250,
DATED AUGUST 20, 2008 - BRIAN HARRELL, C/O EXTRACTION OIL AND GAS, INC.
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, on August 20, 2008, the Board approved the application of Great Western Oil
and Gas Company, LLC, 1700 Broadway, Suite 1170, Denver, Colorado 80290, for a Site Specific
Development Plan and Use by Special Review Permit, USR-1656, for Oil and Gas Production
Facilities (two oil and gas wells — and any additional wells allowed by the Colorado Oil and Gas
Conservation Commission drilled from the same pad, along with a tank battery site) in the
A (Agricultural) Zone District on the following described real estate, to -wit, and:
Lot 4 of the NW1/4 NW1/4, and Lot 1 of the SW1/4
NW1/4, of Section 4, Township 5 North, Range 65
West of the 6th P.M., Weld County, Colorado
WHEREAS, on May 17, 2021, the Board was presented with a letter, dated April 26, 2021,
from Brian Harrell, c/o Extraction Oil and Gas, Inc., requesting the withdrawal of the application,
stating the proposed Oil and Gas Facilities referenced in and authorized by USR-1656, never
materialized and are no longer needed, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and all of the exhibits and
evidence presented in this matter and, having been fully informed, deems it advisable to grant the
applicant's request and thereby accept the withdrawal of the application, and to rescind
Resolution #2008-2250, dated August 20, 2008.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of Brian Harrell, c/o Extraction Oil and Gas, Inc., to withdraw
the application for a Site Specific Development Plan and Use by Special Review Permit,
USR-1656, for Oil and Gas Production Facilities (two oil and gas wells — and any additional wells
allowed by the Colorado Oil and Gas Conservation Commission drilled from the same pad, along
with a tank battery site) in the A (Agricultural) Zone District, on the parcel of land described above,
be, and hereby is, accepted.
cc-.' PLC (Y'r f-rp), APPS
oco(ogr91
2021-1318
PL1974
ACCEPT WITHDRAWAL REQUEST AND RESCIND RESOLUTION #2008-2250, DATED
AUGUST 20, 2008, USR-1656 - BRIAN HARRELL, C/O EXTRACTION OIL AND GAS, INC.
PAGE 2
BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado, that Resolution #2008-2250, dated August 20, 2008, be, and hereby is, rescinded.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of May, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: di:6CA) v• uidai:ei
Weld County Clerk to the Board
torney
Date of signature: oSAS/a
Steve Mo eno, Chair
2021-1318
PL1974
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
To: Weld County Board of County Commissioners
From: Maxwell Nader, Planner
Subject: Rescind of USR-1656
Hearing Date: May 17, 2021
Owner: Brain K. Harrell
Legal Description: Lot 1 of the SW4 NW4 and Lot 4 of the NW4 NW4 of Union Colony Lands; being a part
of Section 4, T5N, R65W of the 6th P.M., Weld County, CO
Location: Approximately 800 feet east of 1st Avenue; Approximately 0.36 miles north of State
Highway 263 (8th Street).
Parcel Numbers: 0961-042-0-00-02 Parcel Size: +1-18.67 acres
Zone District: A (Agricultural)
Narrative: Change of Zone, COZ20-0005 was conditionally approved by the Board of County
Commissioners on September 16, 2020. COZ20-0005 changed the zoning from the C-3
(Business Commercial) and R-1 (Low -Density Residential) Zone District to the A
(Agricultural) Zone District. This Change of Zone corrected a split zoning designation. USR-
1656 was conditionally approved by the Board of County Commissioners on August 20, 2008
but USR-1656 was never perfected by recording a map. The USR would have encompassed
all of the subject property if it was perfected. The property will now be zoned Agricultural
therefore the USR permit is no longer needed. As detailed in the COZ20-0005 resolution, the
applicant shall address condition of approval #1.6 which states the following:
1.6
"There is a Use by Special Review Permit USR-1656 for an Oil and Gas Production Facility that was
approved by the Board of County Commissioners by signed Resolution on August 20th, 2008. USR-
1656 plat was never recorded therefore never perfecting the USR. The applicant shall request to
have USR-1656 rescinded prior to recording the Change of Zone map."
Extraction Oil and Gas Inc. submitted the Rescind request letter for USR-1656 on behalf of the property
owner, Brian K. Harrell. The request will remove USR-1656 on the subject property.
The Department of Planning Services staff has reviewed this request and recommends that this
request be approved.
If approved, the Rescind will satisfy Condition 1.B of COZ20-0005 resolution and no further action will be
needed.
O5/I
Rescind of USR-1656 I Brian K. Harrell
Page 1 of 1
2021-1318
PL terry
Maxwell Nader
From: Brian Harrell <bharrell92@yahoo.com>
Sent: Tuesday, May 11, 2021 11:22 AM
To: Maxwell Nader; Maxwell Nader; THDLLC
Subject: Re: Signoff for the Partial Vacation of USR-1089 and Rescind of USR-1656.
Follow Up Flag: Follow up
Flag Status: Flagged
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
I Brian Harrell give Extraction oil and gas permission to make the necessary changes to move forward and facilitate the
rezoning of the property. Please let me know if this is all that's needed or if you need any additional information, thank
you
Sent from Yahoo Mail on Android
On Tue, May 11, 2021 at 8:47 AM, Maxwell Nader
<mnader@weldgov.com> wrote:
Todd and Brian,
I am aware this is last minute with both of these quick hearings happening in a week but I technically need Brian to allow
Extraction to request these items and to even allow it to happen.
Please get me some letter form that has Brian signing off on these items ASAP. Thank you.
Best,
Maxwell Nader
Planner II
1555 N 17th Ave
Greeley, CO 80631
mnader@weldgov.com
Phone: (970)-400-3527
1
EXTRACTION OIL & GAS
April 26, 2021
Weld County Board of Commissioners
1150 O Street
Greeley, CO 80631
RE: Request to Rescind Weld County USR-1656
NW4 Section 4, Township 5 North Range 65 West
Weld County, Colorado
Dear Commissioners,
Extraction Oil & Gas, Inc. (Extraction) respectfully requests to rescind USR-1656. The proposed Oil and Gas Facilities
referenced in and authorized by USR-1656 never materialized and are no longer needed.
Sincerely,
7
Jeff Anna ble
EHSR Asset Coordinator
Extraction Oil & Gas, Inc.
Extraction Oil & Gas Inc. • 370 17th Street, Suite 5200 • Denver, CO 80202 • exlractionog.com
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1656 FOR OIL AND GAS PRODUCTION FACILITIES (TWO OIL AND GAS
WELLS - AND ANY ADDITIONAL WELLS ALLOWED BY THE COLORADO OIL AND
GAS CONSERVATION COMMISSION DRILLED FROM THE SAME PAD, ALONG WITH
A TANK BATTERY SITE) IN THE A (AGRICULTURAL) ZONE DISTRICT - GREAT
WESTERN OIL AND GAS COMPANY, 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 20th day of
August, 2008, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Great Western Oil and Gas Company, LLC, 1700 Broadway, Suite 1170, Denver,
Colorado 80290, for a Site Specific Development Plan and Use by Special Review Permit #1656
for Oil and Gas Production Facilities (two oil and gas wells - and any additional wells allowed by
the Colorado Oil and Gas Conservation Commission drilled from the same pad, along with a tank
battery site) in the A (Agricultural) Zone District on the following described real estate, being more
particularly described as follows:
Lot 4 of the NW 114 NW 114, and Lot 1 of the SW 114
NW1/4 of Section 4, Township 5 North, Range 65
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Bill Crews, P.O. Box 336337, Greeley,
Colorado 80633, at said hearing, 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. It is the opinion of the Board of County Commissioners that the applicant has shown
compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.8.1— The proposed use is consistent with Chapter 22 and
any other applicable Code provisions or ordinance in effect.
Section 22-5-80.B (CM.Goal 2) states, "Promote the reasonable and orderly
development of mineral resources." The proposal will have little impact on
the surrounding area or subject properties. The property where the new
facilities are located currently has two single-family residences at the south
2008-2250
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end of the property. The Use by Special Review (USR) is necessary to
permit the wells and tank battery facility that have recently been added to
the property. The property owner has reached an agreement with the facility
operator regarding the surface use of the property. The permit is necessary
in this case because the property is zoned R-1 (Low -Density Residential) on
the northern half and C-1 (Commercial) on the southern half. This permit
allows for a multiple well pad site and tank battery site which supports the
orderly development of the mineral resource. These facilities will be located
on the R-1 (Low -Density Residential) portion of the site.
b. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of the
R-1 (Low -Density Residential) and C-1 (Commercial) Zone Districts.
Sections 23-3-110.D and 23-3-210.D.6 of the Weld County Code provide for
Oil or Gas Production Facilities as a Use by Special Review in the R-1
(Low -Density Residential) and C-1 (Neighborhood Commercial) Zone
Districts.
c. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. Single family residences are
located approximately one -eighth (1/8) of a mile to the west of the northern
wellhead location, and existing industrial uses are adjacent to the west and
south of the southern wellhead location. A gravel pit facility is located to the
west, and vacant R-1 (Residential) zoned property is located to the north.
The Department of Planning Services has not included the provision to allow
any additional wellheads which may be allowed by the Colorado Oil and Gas
Conservation Commission in the future, because this could impact future
development in this area and should be reviewed by the appropriate County
process if, and when, additional wellheads are proposed on this site. The
tank batteries (the largest improvements on the site) are located at the west
end of the property and are screened from the west by existing mature
trees. The property owner to the west of, and adjacent to, the access,
expressed concerns with additional impacts to the access created by this
use and impacts from existing 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-mile referral area for the City of Greeley.
The City of Greeley's referral response, received June 10, 2008,
recommends approval of this application, provided the applicant satisfies the
access and tank permitting requirements of the Union Colony Fire/Rescue
Authority.
e. Section 23-2-230.B.5-- The application complies with Chapter 23, Article V,
of the Weld County Code. The site is affected by the FEMA FIRM
Community Panel Map 080266 1541E_ Effective January 1, 2003, building
permits issued on the proposed lots will be required to adhere to the fee
structure of the County -Wide Road Impact Fee Program. Effective
August 1, 2005, building permits issued on the proposed lots will be required
2008-2250
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to adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
f. Section 23-2-230.8.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The site is located on land designated as "Irrigated Land (not prime)"
and "Other," according to the U.S. Department of Agriculture Soil
Conservation Map, dated 1979. The site is only 20 acres In size, and the
placement of the two wellheads and associated tank battery facility,
occupying a small portion of the site, will not prevent agricultural production
on the site and the use of a shared pad site for multiple wells.
g. Section 23-2-230.8.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the Weld
County Code), Conditions of Approval, and Development Standards 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 Great Western Oil and Gas Company, LLC, for a Site
Specific Development Plan and Use by Special Review Permit #1656 for Oil and Gas Production
Facilities (two oil and gas wells - and any additional wells allowed by the Colorado Oil and Gas
Conservation Commission drilled from the same pad, along with a tank battery site) 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 plat:
A. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1656.
2) The plat shall be prepared in accordance with Section 23-2-260.D of
the Weld County Code.
3) The setback radii of the proposed oil and gas facilities located on the
property shall be delineated on the plat, in accordance with
Section 23-3-50.E of the Weld County Code, or as required by the
Colorado Oil and Gas Conservation Commission regulations.
4) The applicant shall specifically indicate the type of right-of-way
/easement on the plat, and indicate whether it is dedicated, private,
or deeded, to provide adequate access to the parcel.
B. The access width requirements for emergency equipment (fire department)
are a minimum of twenty (20) feet. The applicant indicated that it has been
cleared with the fire department and emergency services, that the width and
weight capacity of the access lane shall be adequate for emergency
purposes. The applicant shall provide documentation to that effect.
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C. The applicant shall address the requirements and concerns of the Weld
County Department of Public Works, as outlined in the referral dated
May 21, 2008. Written evidence that these concerns have been addressed
shall be submitted to the Department of Planning Services.
D. The applicant shall address the requirements and concerns of the Weld
County Department of Public Health and Environment, as outlined in the
referral dated October 31, 2007, Written evidence that these concerns have
been addressed shall be submitted to the Department of Planning Services.
E. The applicant shall submit a Dust Abatement Plan, for review and approval,
to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment.
F. The applicant shall submit evidence of an Air Pollution Emission Notice
(APEN) application from the Air Pollution Control Division (ACPD) of the
Colorado Department of Public Health and Environment. Alternately, the
applicant may provide evidence from the APCD that it is not subject to these
requirements.
G. The applicant shall vacate the portion of USR-1089 located within the
proposed boundaries of USR-1656, utilizing the procedures outlined under
Section 23-2-200.G of the Weld County Code.
H. Easement and right-of-way grants pertaining to the access road accessing
this site contain the provision "The grantee, their successor and assigns
shall have the responsibility for maintaining the right-of-way and access
easement in an attractive or serviceable manner at their own expense."
There are currently four (4) different properties utilizing the access road.
The applicant shall provide a plan to the Department of Planning Services
addressing how any additional impacts created by the use to this access
road will be addressed.
I. The applicant shall provide evidence that the oil and gas lease has been
assigned from Crews and Zeren to Great Western Oil and Gas Company,
LLC,
2. Upon completion of Condition of Approval #1 above, the applicant shall submit a
Mylar plat, along with all other documentation required as Conditions of Approval.
The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code.
The Mylar plat and additional requirements shall be submitted within sixty (60) days
from the date of the Board of County Commissioners Resolution. The applicant
shall be responsible for paying the recording fee.
3. The Department of Planning Services respectfully requests the surveyor provide a
digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo
Coverages and Arclnfo Export files format type is .e00. The preferred format for
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Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent
to maps@co.weld.co.us.
4. In accordance with Weld County Code Ordinance #2005-7, approved June 1, 2005,
should the plat not be recorded within the required sixty (60) days from the date of
the Board of County Commissioners Resolution, a $50.00 recording continuance
charge may be added for each additional three (3) month period.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 20th day of August, A.D., 2008.
ATTEST:
Weld County Clerk to the
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
Dougla Radema i her
Date of signature: 10WQg
2008-2250
PL1974
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
GREAT WESTERN OIL AND GAS COMPANY, LLC
USR 01658
1. A Site Specific Development Plan and Use by Special Review Permit #1656 is for Oil and
Gas Production Facilities (two oil and gas wells - and any additional wells allowed by the
Colorado Oil and Gas Conservation Commission drilled from the same pad, along with a
tank battery site) in the R-1 (Lot Density Residential) and C-1 (Neighborhood Commercial)
Zone Districts, 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. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 30-20-100.5, C.R.S., shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination.
4. 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, Section 30-20-100.5, C.R.S.
5. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive
dust, fugitive particulate emissions, blowing debris, and other nuisance conditions.
6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility
shall be operated in accordance with the approved Dust Abatement Plan at all times.
7. The operation shall comply with all applicable State noise statutes and/or regulations.
8. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Health and Environment, Water Quality Control Division.
9. All potentially hazardous chemicals must be stored and handled in a safe manner in
accordance with product labeling, and in a manner that minimizes the release of hazardous
air pollutants and volatile organic compounds.
10. The applicant must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices.
11. The applicant is required to comply with all Colorado Department of Public Health and
Environmental (COPHE) regulations regarding berming and spill prevention for materials
and liquids stored on the site.
12. The applicant is required to comply with requirements listed within Chapter 23, Article V,
of the Weld County Code, for anchoring oil and gas facilities located in floodplains and
floodways, where applicable.
2008-2250
PL1974
DEVELOPMENT STANDARDS - GREAT WESTERN OIL AND GAS COMPANY, LLC
(USR #1656)
PAGE 2
13. Access shall be controlled by gates on the access roads, unless and until, a subdivision is
platted around the production site, at which time the well sites and tank batteries shall be
fenced to prevent access,
14. Effective January 1, 2003, building permits issued on the proposed lots will be required to
adhere to the fee structure of the County -Wide Road Impact Fee Program.
15. Effective August 1, 2005, building permits issued on the proposed lots will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
16. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
17. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
18, Weld County Government personnel 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
Development Standards stated herein and all applicable Weld County regulations.
19. 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.
20. 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.
21. The property owner or operator shall comply with all applicable rules and regulations of
state and federal agencies, including, but not limited to. the Colorado Oil and Gas
Conservation Commission rules and regulations, and the Weld County Code.
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0-Tii
RESOLUTION
RE. GRANT CHANGE OF ZONE, COZ20-0005, FROM THE C-3 (BUSINESS
COMMERCIAL) ZONE DISTRICT AND R-1 (LOW -DENSITY RESIDENTIAL) ZONE
DISTRICT TO THE A (AGRICULTURAL) ZONE DISTRICT - BRIAN HARRELL
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, a public hearing was held on the 16th day of September, 2020, at 10 00 a m ,
in the Chambers of the Board for the purpose of hearing the application of Brian Harrell, 288 1st
Avenue, Greeley, Colorado 80631, requesting a Change of Zone, COZ20-0005, from the
C-3 (Business Commercial) Zone District and R-1 (Low -Density Residential) Zone District to the
A (Agricultural) Zone District, for a parcel of land located on the following described real estate,
to -wit
Lot 1 of the SW1/4 NW1/4 and Lot 4 of the NW1/4
NW1/4 all in Section 4, Township 5 North, Range 65
West of the 6th P M , Weld County, Colorado
WEREAS, the applicant was present and represented by Todd Hodges of Todd Hodges
Design, LLC, 2412 Denby Court, Fort Collins, Colorado 80526, and
WHEREAS, Section 23-2-40 of the Weld County Code -provides standards for review of
such a Change of Zone, and
WHEREAS, the Board of County Commissioners heard all the testimony and statements
of those present, studied the request of the applicant and the recommendation of the Weld County
Planning Commission and, having been fully informed, finds that this request shall be approved
for the following reasons
1 The applicant has complied with all the application requirements listed in
Section 23-2-50 of the Weld County Code
2 The request is in conformance with Section 23-2-40 B of the Weld County Code
as follows
A Section 23-2-40 B 1 — The proposal is consistent with Chapter 22 of the
Weld County
1) Section 22-2-20 D (A Goal 4) states "Promote a quality
environment which is free of derelict vehicles, refuse, litter and other
unsightly materials " The current property is in a zoning violation,
- ZCV19-00076, due to the storage of commercial vehicles and
equipment, two (2) homes and a visible non-commercial junkyard
This Change of Zone and subsequent Non -Conforming Use (NCU)
or Use by Special Review (USR) will correct the outstanding
violation and split zoning issue, if approved, will also clean up the
C '.4LC MIS ire) I Pw (M4-1, I. 14 (LC)
CAlw.,l I AWL t psepL WS'
rol--r (102O
2020-2759
PL1974
CHANGE OF ZONE (COZ20-0005) — BRIAN HARRELL
PAGE 2
property significantly and require the applicant to appropriately
manage the commercial vehicles by having them removed from the
property and by screening the non-commercial junkyard so that it is
not a visual impact to the surrounding neighbors.
2) Section 22-2-20.1 (A.Goal 9) states: "Reduce potential conflicts
between varying land uses in the conversion of traditional
agricultural lands to other land uses." This Change of Zone will
correct a split zoning of C-3 (Business Commercial) and
R-1 (Low -Density Residential) Zone District to the A (Agricultural)
Zone District. This zoning change will also correct current problems
that are on the property, such as an existing oil and gas facility that
will become a Use by Right in the A (Agricultural) Zone District.
Furthermore, it will allow the applicant to apply for a NCU or USR
Permit for the second home on the property, which is a permit
allowed to be applied for in an Agricultural Subdivision, such as
I Inion Colony Lands.
B. Section 23-2-40.B.2 — The uses which will be allowed on the subject
property by granting the Change of Zone will be compatible with the
surrounding land uses. The Weld County Department of Planning Services
sent notice to 18 surrounding property owners within 500 feet and no
responses were received. The properties to the west are zoned
C-3 (Business Commercial) and R-1 (Low -Density Residential). The
property to the east is zoned A (Agricultural). The property to the north is
zoned R-1 (Low -Density Residential) and the property to the south is zoned
1-2 (Medium Industrial). The uses within the surrounding properties include
a Gravel Mining Operation permitted through 2MUSR16-85-690, and Site
Plan Reviews for storage and vehicle repair businesses. Other uses
include oil and gas, residential and grazing land. The subject property will
continue to be used for residential and oil and gas. At the time of initiating
the violation, ZCV19-00076, the property had parking and storage of
commercial vehicles. A site visit took place on August 7, 2020, and it
appears there is no longer the large number of commercial vehicles onsite
when the original violation was started but there are still a few commercial
vehicles onsite that need to be addressed.
C. Section 23-2-40.B.3 -- Adequate water and sewer service can be made
available to the site to serve the uses permitted within the proposed zone
district. As stated previously, the property has an existing well onsite, well
permit no. 226878-A, which allows for fire protection, ordinary household
purposes inside two (2) single-family dwellings, the irrigation of not more
than 10,000 square feet of home gardens and lawns, and the watering of
domestic animals. The Colorado Division of Water Resources does not
have any concerns with the proposed Change of Zone and states this
Change of Zone will not affect the existing well permit, per their referral
dated June 25, 2020. The two (2) homes onsite are served by unpermitted
On -site Wastewater Treatment Systems (OWTS). Upon approval of the
2020-2759
PL1974
CHANGE OF ZONE (COZ20-0005) — BRIAN HARRELL
PAGE 3
Use by Special Review Permit the OWTS will be reviewed through the
Statement of Existing and if the systems are found to be inadequately sized
for the proposed use, the systems will be required to be brought in to
compliance with current OWTS regulations, per the Weld County
Department of Public Health and Environment referral dated July 20, 2020.
D. Section 23-2-40.B.4 — Street or highway facilities providing access to the
property are adequate in size to meet the requirements of the proposed
zone districts. The property accesses off of 1st Avenue via private
easement. This easement has been the historic access used by the
property and the other three (3) properties for many years. The applicant
has submitted a recorded access agreement between all property owners
to insure current and future owners of the subject property have sufficient
access. 1st Avenue is a spur from U.S. Highway 85; therefore, the
Colorado Department of Transportation (CDOT) was sent a referral. CDOT
had no concerns or comments with the proposed Change of Zone, as
stated in their referral response dated July 9, 2020.
E. Section 23-2-40.B.5 — In those instances where the following
characteristics are applicable to the rezoning request, the applicant has
demonstrated compliance with the applicable standards:
1) Section 23-2-40.B.5.a — The proposed Change of Zone is not
located within an Overlay District or Geological Hazard Area. The
proposed Change of Zone is located in a Special Flood Hazard
Area, The Department of Planning Services, per the referral dated
July 7, 2020, is requiring the applicant to show the floodplain
boundaries on the map and has provided comments to be
incorporated as Development Standards but does not have any
further concerns with the Change of Zone proposal.
2) Section 23-2-40.B.5.b — The proposed Change of Zone does not
interfere with the present or future extraction of mineral resources.
No comments from the mineral owner were received. Additionally,
the parcel of land is part of a platted subdivision, Union Colony
Lands Subdivision approved on April 7, 1891.
3) Section 23-2-40.B.5.c -- The Natural Resources Conservation
Service Soil Survey dated April 10, 2020, indicated Aquolls,
Aquents and Ustic Torriothents soils were encountered.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Brian Harrell for a Change of Zone, COZ20-0005, from
the C-3 (Business Commercial) Zone District and R-1 (Low -Density Residential) Zone District to
the A (Agricultural) Zone District on the above referenced parcel of land be, and hereby is, granted
subject to the following conditions:
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1. Prior to recording the plat:
A. There is a Use by Special Review Permit, USR-1089, recorded at
Reception #2530761, for an Oil and Gas Production Facility in the R-1 (Low
Density Residential) and 1-2 (Industrial) Zone Districts. This USR
encompasses the entire subject property. The applicant shall address the
continued operation of USR-1089 and which lot(s) it is to be associated
with. The applicant shall have a partial vacation completed prior to
recording the Change of Zone map.
B. There is a Use by Special Review Permit, USR-1656, for an Oil and Gas
Production Facility that was approved by the Board of County
Commissioners by signed Resolution on August 20, 2008. The USR-1656
plat was never recorded, therefore, never perfecting the USR. The
applicant shall request to have USR-1656 rescinded prior to recording the
Change of Zone map.
C. The applicant has indicated that there are two (2) dwellings on the
proposed Change of Zone lot. The applicant shall submit a NCU or USR
application and pay the associated fees to the Weld County Department of
Planning Services for the secondary home located on proposed Change of
Zone property or convert the second home into an accessory structure.
D. All vehicles located on the property must be operational with current license
plates or be screened from all adjacent properties and public rights -of -way
or be removed from the property. All other items considered to be part of a
noncommercial junkyard must also be removed from the property or
screened from adjacent properties and public rights -of -way.
E. The plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled COZ20-0005.
2) The plat shall adhere to Section 23-2-50.C and D of the Weld
County Code.
3) All recorded easements shall be shown and dimensioned on the
Change of Zone plat.
4) The applicant shall show the floodplain and floodway (if applicable)
boundaries on the map. The applicant shall label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel
Number or appropriate study.
5) The applicant shall show and label a 30 -foot minimum access and
utility easement to provide legal access to the parcel on the plat.
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CHANGE OF ZONE (COZ20-0005) — BRIAN HARRELL
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6) The applicant shall show the Colorado Department of
Transportation (CDOT) right-of-way on the plat along with the
documents creating the right-of-way.
7) The applicant shall show the approved Colorado Department of
Transportation (CDOT) access point on the plat and label with the
approved Access Permit number, if applicable.
2. The following notes shall be delineated on the Change of Zone plat:
A. Change of Zone, COZ20-0005, allows for A (Agricultural) uses which shall
comply with the A (Agricultural) Zone District requirements as set forth in
Chapter 23, Article III, Division 1 of the Weld County Code.
B. Water service may be obtained from appropriately permitted wells.
C. The parcel is currently not served by a municipal sanitary sewer system.
Sewage disposal may be by septic systems designed in accordance with
the regulations of the Colorado Department of Public Health and
Environment, Water Quality Control Division, and the Weld County Code
in effect at the time of construction, repair, replacement, or modification of
the system.
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,
E. All access and utility easements are dedicated for the benefit of all owners
of lots depicted on this plat, including owners of future lots created
therefrom, regardless of lot configuration or number of users, and without
limitation of the use or intensity of the use of such easements. No lot owner
may install a gate or otherwise impede the use of such easements without
the approval of all persons with rights of use of such easements.
F. A Flood Hazard Development Permit is required for all construction or
development occurring in the floodplain or floodway as delineated on
Federal Emergency Management Agency (FEMA) FIRM Community Panel
Map #08123C -1541E, dated January 20, 2016 (Cache la Poudre River
Floodplain). Any development shall comply with all applicable Weld County
requirements, Colorado Water Conservation Board requirements as
described in Rules and Regulations for Regulatory Floodplains in
Colorado, and FEMA regulations and requirements as described in 44 CFR
parts 59, 60, and 65. The FEMA definition of development is any
man-made change to improved or unimproved real estate, including by not
limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation, drilling operations, or storage of equipment and
materials.
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G. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior
to the start of and development activities, the owner should contact Weld
County to determine if the floodplain boundaries have been modified.
H. The operation shall comply with all applicable rules and regulations of the
State and Federal agencies and the Weld County Code.
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, 2006 International Energy Code, and 2017 National
Electrical Code. A Building Permit Application must be completed and
two (L) complete sets of engineered parrs bearing we wet stamp or 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.
I_I'..11ldlr''~J' Permits iSSUCr0 on the proposed lots VYIII be required to adhere to
the fee structure of the County -Wide Road Fee Impact Program, County
Facility Fee, and Drainage Impact Fee Programs.
K. 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 stated herein and all applicable Weld County regulations.
L. 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 persons 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.
M. The Weld County Right to Farm Statement, as it appears in
Section 22-2-20,,1,2 of the Weld County Code, shall be placed on the map
and recognized at all times.
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3. Upon completion of Conditions of Approval #1 and #2 above, the applicant shall
submit one (1) paper copy or one (1) electronic copy (.pdf) of the plat for
preliminary approval to the Weld County Department of Planning Services. Upon
approval of the plat the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be
recorded in the office of the Weld County Clerk and Recorder by Department of
Planning Services' Staff. The plat shall be prepared in accordance with the
requirements of Section 23-2-50.C and D of the Weld County Code. The Mylar plat
and additional requirements shall be submitted within 120 days from the date of
the Board of County Commissioners resolution. The applicant shall be responsible
for paying the recording fee.
4. In accordance with 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 16th day of September, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:i
Weld County Clerk to the Board
a yri7i8M
Deputy Clerk to the Board
APPQVED AS TO F6R
County A ttorney
Date of signature -
Mike Freeman, Chair
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