HomeMy WebLinkAbout20212683.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR21-0009, FOR OIL AND GAS SUPPORT AND SERVICE (AN
OFFICE/SHOP BUILDING FOR AN OIL AND GAS EXPLORATION AND PRODUCTION
BUSINESS ALONG WITH OUTDOOR STORAGE OF OIL AND GAS PRODUCTION
AND EXPLORATION EQUIPMENT) ALONG WITH A COMMUNICATION TOWER UP
TO 45 -FEET IN HEIGHT AND MORE THAN THE NUMBER OF CARGO
CONTAINERS ALLOWED BY SECTION 23-3-30 OF THE WELD COUNTY CODE (UP
TO 10 CARGO CONTAINERS PROPOSED) IN THE A (AGRICULTURAL) ZONE
DISTRICT - DPOC, 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 22nd day
of September, 2021, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of DPOC, LLC, 1400 16th Street, Suite 300, Denver, Colorado 80202, for
a Site Specific Development Plan and Use by Special Review Permit, USR21-0009, for Oil and
Gas Support and Service (an office/shop building for an oil and gas exploration and production
business along with outdoor storage of oil and gas production and exploration equipment) along
with a communication tower up to 45 -feet in height and more than the number of cargo containers
allowed by Section 23-3-30 of the Weld County Code (up to 10 cargo containers proposed) in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Part of the SE1/4 of Section 9, Township 8 North,
Range 60 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Pat Hillyer, Lamp
Rynearson, 4715 Innovation Drive #100, Fort Collins, Colorado 80525, 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 23-2-230.6 of the Weld County Code as follows:
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A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-30.A.1 states: "Commit to the economic future of
agriculture. Land use changes should not inhibit agricultural
production nor operations." Also, Section 22-2-30.C.1 states:
"Harmonize development with surrounding land uses. Transition
between land use types and intensities with buffers. Uses that are
incompatible with existing uses must be able to mitigate conflicts."
The property is not currently in agricultural production, no
agricultural land will be removed from production as a result of this
USR, and the nearest residence is located over two (2) miles from
this site.
2) Section 22-2-60.B.3 states: "Support responsible energy and
mineral development. 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 is located on only 35 acres of the half section. The
disturbed area as shown on the USR map is approximately 20
acres.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) The proposed use is permittable under Section 23-3-40.W and
Section 23-3-10 — Intent states: "Agriculture in the County is
considered a valuable resource which must be protected from
adverse impacts resulting from uncontrolled and undirected
business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as
an essential feature of the county. The A (Agricultural) Zone District
is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production, and
for areas for natural resource extraction and energy development,
without the interference of other, incompatible land uses." The
proposal meets the intent because this facility supports natural
resource extraction and energy development.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The proposed use is in an area
that can support this development, and the Conditions of Approval and
Development Standards will assist in mitigating the impacts of the facility
on adjacent properties and ensure compatibility with surrounding land uses
and region. The nearest residence is located approximately two (2) miles
from this site.
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D. Section 23-2-230.6.4 — 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
Geologic Hazard Overlay District, Agricultural Heritage Overlay District,
Airport 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, 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 proposal is located on approximately 35 acres of land designated
as "Prime" and "Prime if Irrigated", per the 2020 Natural Resource
Conservation Service Soil Survey. The proposed 35 -acre disturbed area
for the facility is predominately located on land defined as "Prime if
Irrigated" with a small area delineated as "Prime". The property is not in
crop production and no agricultural land is affected by this proposal.
G. Section 23-2-230.6.7 — There is adequate provisions for the protection of
the health, safety, and welfare of the inhabitants of the neighborhood and
County. 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 DPOC, LLC, for a Site Specific Development Plan and
Use by Special Review Permit, USR21-0009, for Oil and Gas Support and Service (an office/shop
building for an oil and gas exploration and production business along with outdoor storage of oil
and gas production and exploration equipment) along with a communication tower up to 45 -feet
in height and more than the number of cargo containers allowed by Section 23-3-30 of the Weld
County Code (up to 10 cargo containers proposed) 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. A Road Maintenance Agreement is required at this location. Road
maintenance includes, but is not limited to, dust control and damage repair
to specified haul routes.
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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. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR21-0009.
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 103 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 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 western boundary of this parcel appears to align with County
Road 101 section line right-of-way. The southern boundary of this
parcel appears to align with County Road 94 section line
right-of-way. The applicant shall delineate the existing right-of-way
on the site plan. Show and label the section line right-of-way as
"CR 101 Section Line Right -of -Way, not County maintained" and as
"CR 94 Section Line Right -of -Way, not County maintained." All
setbacks shall be measured from the edge of right-of-way.
6) The applicant shall show and label the approved access location,
approved access width and the appropriate turning radii on the site
plan. The applicant must obtain an access permit in the approved
location prior to construction.
7) The applicant shall show and label the approved tracking control on
the site plan.
8) 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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9) 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.
10) The applicant shall show and label the drainage flow arrows.
11) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
12) 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.
13) The map shall delineate the on -site lighting, in accordance with the
approved Lighting Plan.
14) 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.
15) The map 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 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. 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. Prior to Operation:
A. The applicant shall submit a certification from a professional engineer,
licensed in the State of Colorado, that the drainage/detention measures
have been constructed in accordance with the accepted Drainage Report.
B. The applicant shall construct all stormwater runoff control features and
conveyance elements and install all sediment and erosion control
measures specified in the accepted Final Drainage Report and Grading
Permit.
6. Prior to the issuance of the Certificate of Occupancy:
A. An On -Site Wastewater Treatment System (OWTS) is required for the
proposed facility and shall be installed according to the Weld County
OWTS Regulations.
7. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of September, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditibv
Weld County Clerk to the Board
ounty Attorney
Date of signature: 1O/6/21
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DPOC, LLC
USR21-0009
1. A Site Specific Development Plan and Use by Special Review Permit, USR21-0009, is for
Oil and Gas Support and Service (an office/shop building for an oil and gas exploration
and production business along with outdoor storage of oil and gas production and
exploration equipment) along with a communication tower up to 45 -feet in height and more
than the number of cargo containers allowed by Section 23-3-30 of the Weld County Code
(up to 10 cargo containers proposed) in the A (Agricultural) Zone District, subject to the
Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The hours of operation are up to 24 hours a day, 7 days a week.
4. The number of on -site employees shall be up to 15, as stated in the application materials.
5. The parking area on the site shall be maintained.
6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
7. The owner of the communication tower may allow co -location by other telecommunication
providers.
8. 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.
9. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
10. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
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.
12. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
13. The Road Maintenance Agreement for this site may be reviewed on an annual basis,
including a site visit and possible updates.
14. The historical flow patterns and runoff amounts on the site will be maintained.
15. Weld County is not responsible for the maintenance of on -site drainage related features.
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16. 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.
17. 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.
18. 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.
19. 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.
20. All chemicals must be handled in a safe manner in accordance with product labeling. All
chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations.
21. The facility shall comply with all provisions of the State Underground and Above Ground
Storage Tank Regulations.
22. The applicant shall comply with all provisions of the Liquefied Petroleum Gas Regulations
(7 CCR 1101-15), as applicable.
23. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as delineated in C.R.S. §25-12-103.
24. Any On -Site Wastewater Treatment System (OWTS) located on the property must comply
with all provisions of the Weld County Code, pertaining to OWTS.
25. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. A permanent, adequate water supply shall be provided
for drinking and sanitary purposes.
26. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
27. Lighting shall be maintained in accordance with the approved Lighting Plan.
28. 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.
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29. Building Permits shall be required for any new construction or set up manufactured
structure, per Section 29-3-10 of the Weld County Code. A Building Permit application
must be completed and submitted. Buildings and structures shall conform to the
requirements of the various codes adopted at the time of permit application. Currently, the
following have been adopted by Weld County: 2018 International Building Codes,
2006 International Energy Code, 2020 National Electrical Code, and Chapter 29 of the
Weld County Code. A Plan review shall be approved, and a permit must be issued, prior
to the start of construction.
30. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
31. 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.
32. 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.
33. 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.
34. Construction or Use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date of approval, unless otherwise specified
by the Board of County Commissioners when issuing the original Permit, or the Permit
shall be vacated. The Director of the Department of Planning Services may grant an
extension of time, for good cause shown, upon a written request by the landowner.
35. 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. Often times,
mineral resource sites are fixed to their geographical and geophysical locations. Moreover,
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these resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
36. 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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