HomeMy WebLinkAbout20210018.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR20-0024, FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY
(OUTSIDE STORAGE OF OIL AND GAS VEHICLES AND EQUIPMENT) IN THE
A (AGRICULTURAL) ZONE DISTRICT — ENSIGN UNITED STATES DRILLING, 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, the Board of County Commissioners held a public hearing on the 30th day of
December, 2020, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Ensign United States Drilling, Inc., 24020 County Road 46, LaSalle,
Colorado 80545, for a Site Specific Development Plan and Use by Special Review Permit,
USR20-0024, for an Oil and Gas Support and Service Facility (outside storage of oil and gas
vehicles and equipment) in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
Lot A of Recorded Exemption, RECX12-0042; being
part of the NW1/4 of Section 18, Township 4 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the matter was continued to February 3, 2021, at 10:00 a.m.,
to allow the applicant adequate time to research screening options, and
WHEREAS, on February 3, 2021, the applicant was represented by Michael McDaniel,
Landmark Builders, Inc., 3812 Carson Avenue, Evans, Colorado 80620, 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.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: "Land use changes should not inhibit
agricultural production nor operations."This facility is not located on
land that is in agricultural production. Additionally, the facility is
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located on property delineated as "Other," per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map.
The site is also located on bottomlands near a natural draw
2) Section 22-2-30.0 states: "Harmonize development with
surrounding land uses."The use is substantially similar to other oil
and gas support service uses directly adjacent to and in the vicinity
of the property.
3) Section 22-2-40.A.5 states: "Encourage agglomeration economies
of synergistic businesses."This Use is adjacent to, and will support,
existing oil and gas support businesses in the area.
4) Section 22-2-60.B states: "Support responsible energy and mineral
development."The oil and gas storage facility is located adjacent to
other oil and gas support Uses in the area and does not impact
existing agricultural operations.
5) Section 22-2-60.B.3 states: "Require that energy and mineral
resource development conserve the land and minimize the impact
on surrounding land and the existing surrounding land uses." The
facility is located adjacent to similar Uses (oil and gas support
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 the
adjacent properties and Public rights-of-way and will ensure
compatibility with surrounding land uses and the region.
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."There are
existing energy development uses in the area. This use is related
to energy development uses and is consistent with the intent of the
A (Agricultural) Zone District. This use supports, and is adjacent to,
a Site Specific Development Plan and Use by Special Review
Permit, MUSR12-0010, for a Mineral Resource Development
Facility, (including an oil and gas support and services facility
including the parking and maintenance of exploration, production or
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workover equipment; field offices used by production-related
records and maintenance personnel and for the expansion of
on-site infrastructure including the expansion of the shop and office
building, the addition of a fueling station and fuel storage tank farm
and additional equipment parking) in the A (Agricultural) Zone
District. This use was originally permitted in 1986, amended in
1987, and amended again in 2012.
C. Section 23-2-230.B.3—The uses which will be permitted will be compatible
with the existing surrounding land uses. The site is adjacent to existing oil
and gas facilities to the north, east and south. This laydown yard is being
operated in conjunction/support of an oil and gas support operation located
to the north (MUSR12-0010 for shop buildings, fuel tanks, company truck
and storage areas along with 10 on-site employees and up to 110 off-site
employees) operated by Ensign. USR-1517 for an Oil and Gas Support
Facility (land treatment facility) is located to the northeast. USR-1570 for
an Oil and Gas Support Facility (office and storage area for oil and gas
equipment) is located to the east and south. An oil and gas compressor
facility (approved under 1 MUSR18-17-0023) is located further to the south
adjacent to County Road 44 and County Road 49. The nearest
single-family residences are located approximately 260 feet to the
southwest (across County Road 49) and approximately 760 feet to the
north (across County Road 46). No phone calls or correspondence has
been received from surrounding property owners regarding this case. The
applicant is requesting to waive fencing/screening of this facility stating that
the equipment will still be visible over the screening fence and screening of
the facility may encourage theft and malicious activity. The applicant has
reached out to several neighbors regarding screening (a majority have
signed off on no screening). No additional comments have been received
from the nearest property owner to the southwest. Also, the site is adjacent
and visible to the existing Ensign facility to the north (approved under
MUSR12-0010). The Conditions of Approval and Development Standards
will assist in mitigating the impacts of the facility on the adjacent properties
and ensure compatibility with surrounding land uses and the region.
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
Geologic Hazard Overlay District, MS4 - Municipal Separate Storm Sewer
System area, Historic Townsite Overlay District or Special Flood Hazard
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Area. The property is located within the boundaries of the Airport Overlay
District. The Greeley Weld County Airport Authority was provided a referral
and has not provided a response regarding to this case. 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 facility is not located on prime agricultural land. The proposed
facility is located on approximately 9.442 acres delineated as "Other," per
the 1979 Soil Conservation Service Important Farmlands of Weld County
Map. Historic use of the site has been for sporadic storage of frac tanks
since 2012.
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 Ensign United States Drilling, Inc., for a Site Specific
Development Plan and Use by Special Review Permit, USR20-0024, for an Oil and Gas Support
and Service Facility (outside storage of oil and gas vehicles and equipment) 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 apply for a new access permit that replaces
AP12-00131; that acknowledges both parcels (#105318200015 and
#105318200011) using a shared access location onto County Road 46;
and that meets the Minimum Spacing Criteria as prescribed in Section
8-14-30.1 of the Weld County Code.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR20-0024.
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 applicant shall delineate the trash collection areas on the map.
Section 23-2-240.A.13 of the Weld County Code addresses the
issue of trash collection areas.
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5) 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.
6) The map shall delineate the parking area for the vendors,
customers and/or employees.
7) County Road 46 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.
8) The County Highway (County Road 49) is designated on the Weld
County Functional Classification Map as an arterial road, which
typically requires 140 feet of right-of-way at full build out. The
alignment of the road widening project varies along the section line
for the corridor. The applicant shall contact the Weld County
Department of Public Works for the location of the existing and
future right-of-way and easements and delineate these on the site
plan.
9) The applicant shall show and label the approved access locations,
approved access width and the appropriate turning radii on the site
plan.
10) The applicant shall show and label the accepted drainage water
quality features. Labeling should specify "No-Build" and include the
calculated volume.
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
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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. 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 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 3rd day of February, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
ddrAdAl
WELD COUNTY, COLORADO
ATTEST: v• •1tD;ti /
Stev:/ oreno air
Weld County Clerk to the Board
S ames, Pr.
BY:
Deputy Clerk to the Board WA<44j �
'erry L. rick
oe
APP- e ED A a ••R
i e Freeman
ounty 'rtorney c,1:
®, ` /� Lori Saine
Date of signature: 02/23/ ' ..,,,...,,,•
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ENSIGN UNITED STATES DRILLING, INC.
USR20-0024
1. The Site Specific Development Plan and Use by Special Review Permit, USR20-0024, is
for an Oil and Gas Support and Service Facility (outside storage of oil and gas vehicles
and equipment) 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 24 hours a day, 7 days a week.
4. Any equipment over 30 feet in height shall be stored horizontally.
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. This site is located within the Airport Overlay District.
8. No access shall be allowed onto County Road 49.
9. 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.
10. 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.
11. The historical flow patterns and runoff amounts on the site will be maintained.
12. Weld County is not responsible for the maintenance of on-site drainage related features.
13. 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.
14. 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.
15. 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.
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16. 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 and the
accepted Dust Abatement Plan.
17. Adequate drinking, handwashing, and toilet facilities shall be provided for employees and
patrons, at all times. The adjacent parcel to the north (Parcel #105318200015) owned by
Ensign United States Drilling, Inc., can be utilized for sanitary accommodations, providing
the property is owned or rented by the applicant, otherwise, a portable toilet is required for
this facility.
18. 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, contain hand sanitizers and be screened from existing adjacent residential
properties and public rights-of-way.
19. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
20. 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.
21. 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, 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.
22. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
23. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
24. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
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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.
25. 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.
26. Construction or Use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date of approval, unless otherwise specified
by the Board of County Commissioners when issuing the original Permit, or the Permit
shall be vacated. The Director of Planning Services may grant an extension of time, for
good cause shown, upon a written request by the landowner.
27. A Use by Special Review shall terminate when the Use is discontinued for a period of
three (3) consecutive years, the Use of the land changes or the time period established
by the Board of County Commissioners through the approval process expires. The
landowner may notify the Department of Planning Services of 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.
28. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. 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.
29. 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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