HomeMy WebLinkAbout20203408.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR20-0017, FOR OIL AND GAS SUPPORT AND SERVICE (THE PARKING,
STAGING, AND STORAGE OF EQUIPMENT: SCRAPERS, DOZERS, ROAD
GRADERS, COMPANY VEHICLES, SEMI-TRUCKS, AND ANCILLARY EQUIPMENT
FOR PRODUCTION UNIT SET-UP [OIL AND GAS WELL PAD SET-UP] AND
MAINTENANCE); A ROUSTABOUT; FOUR (4) CARGO (CONEX) CONTAINERS; AND
THREE (3) 40-FOOT BY 60-FOOT STORAGE AND MAINTENANCE SHOPS OUTSIDE
OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE
DISTRICT -TEN SLEEP INVESTMENT 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 21st day of
October, 2020, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Ten Sleep Investment Group, LLC, 2986 West 29th Street, #12, Greeley,
Colorado 80631, for a Site Specific Development Plan and Use by Special Review Permit,
USR20-0017, for Oil and Gas Support and Service (the parking, staging, and storage of
equipment: scrapers, dozers, road graders, company vehicles, semi-trucks, and ancillary
equipment for production unit set-up [oil and gas well pad set-up] and maintenance); a
Roustabout; four (4) cargo (conex) containers; and three (3) 40-foot by 60-foot storage and
maintenance shops outside of subdivisions and historic townsites in the A (Agricultural) Zone
District, on the following described real estate, being more particularly described as follows:
Lot B of Recorded Exemption, RE-683; being part of
the NE1/4 NE1/4 of Section 3, Township 4 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the Board heard all of the testimony and statements of those present and
reviewed the request of the applicant and, having been fully informed, deemed it advisable to
continue the matter to November 25, 2020, at 10:00 a.m., to allow adequate time for the matter
to be heard by the Planning Commission on November 3, 2020, and
WHEREAS, on November 25, 2020, 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.
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SPECIAL REVIEW PERMIT (USR20-0017) -TEN SLEEP INVESTMENT GROUP, LLC
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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 22-2-20.G (A.Goal 7) states: "County land use regulations
should protect the individual property owner's right to request land
use change." The application is proposing to utilize a portion of a
22-acre parcel to locate their equipment and storage yard.
Specifically, this site will be used for the parking, staging and
storage of equipment: scrapers, dozers, road graders, company
vehicles, semi-trucks, and ancillary equipment for production unit
set up (oil and gas well pad set-up) and maintenance. The applicant
also stated that there will be four(4) cargo (conex) containers, three
(3) 40-foot by 60-foot pole barn style storage and maintenance
shops constructed as needed. The existing house will be used as a
caretaker residence.
2) Section 22-2-80.F.2 (I.Policy 6.2) states: "Support the use of visual
and sound barrier landscaping to screen open storage areas from
residential uses or public roads." A Landscape and Screening Plan
has been requested as a Condition of Approval to separate the
business from adjacent properties and rights-of-way. The proposed
use is in an area that can support this development, as the required
screening, 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.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A(Agricultural) Zone District. Weld County Code, Chapter 23, Article III,
Division 1, Section 23-3-40.C allows for more than the number of cargo
containers allowed by Section 23-3-30; and Section 23-3-40.W allows for
Oil and Gas Support and Service, including parking and maintenance of
exploration, production or workover equipment, storage yards for road and
pipeline construction contractors, and production unit set-up. 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.
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C. Section 23-2-230.B.3—The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of
pastures, crops, and rural residences. There are three (3) residences within
500 feet of the site. The closest residence is approximately 90 feet east of
the eastern property line. The Department of Planning Services sent notice
to seven (7) surrounding property owners, and received one (1) letter dated
September 29, 2020, with concerns about views, noise, safety, traffic, and
property values. The letter was forwarded to the applicant for review and
response. No response had been received prior to the Planning
Commission hearing. There are five (5) USRs within one (1) mile of the
site. USR13-0064 is for a 16-inch natural gas line, USR15-0064 is for
agricultural services are located north of the site, USR12-0054 is for
parking, staging, and maintenance of oil and gas water service trucks, and
USR17-0076 is for agricultural and horticultural services located west of
the site, and USR18-0031 is for semi-truck parking located east of the site.
Based on referral agency responses, the proposed use is in an area that
can support this development. The Conditions of Approval require that the
applicant submit a Lighting Plan, a Road Maintenance Agreement, and a
Landscape/Screening Plan. 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 23-2-230.6.4—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 also located within the Coordinated Planning
Agreement (CPA) boundary and three (3) mile referral area for the Town
of Kersey. As part of the pre-application process, the Town of Kersey was
notified of the proposal by Planning staff and was provided Notice of Inquiry
forms by the applicant. The Town of Kersey returned a Notice of Inquiry
form dated July 9, 2020, which stated, "please make sure there is
appropriate screening for any outdoor storage." No further referral
response was received from the Town of Kersey. Even though the CPA of
the Town of Kersey extends to County Road 48, the Kersey
Comprehensive Plan shows the Kersey Influence Area extending only to
County Road 50. Therefore, the Future Land Use Map for the Town of
Kersey does not delineate future uses for the subject property.
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The site is not located within
any overlay district officially adopted by the County, including A-P (Airport)
Overlay District, Geologic Hazard Overlay District, MS4 - Municipal
Separate Storm Sewer System area, Special Flood Hazard Area, or
Historic Townsite Overlay District. Building Permits issued on the lot will be
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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 soils designated as "Prime
(Irrigated)," per the 1979 Soil Conservation Service Important Farmlands
of Weld County Map. This site has historically been used as residential and
to grow hay and other agricultural uses. This USR will take approximately
five (5) acres of Prime (Irrigated) Farmland out of production. The
remainder of the property is going to continue in agricultural production.
G. Section 23-2-230.6.7 — 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 Ten Sleep Investment Group, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR20-0017, for Oil and Gas Support and
Service (the parking, staging, and storage of equipment: scrapers, dozers, road graders, company
vehicles, semi-trucks, and ancillary equipment for production unit set-up [oil and gas well pad
set-up] and maintenance); a Roustabout; four (4) cargo (conex) containers; and three (3) 40-foot
by 60-foot storage and maintenance shops outside of subdivisions and historic townsites in the
A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
1. Prior to recording the map:
A. A Lighting Plan shall be submitted to and approved by the Department of
Planning Services.
B. A Landscape and Screening Plan shall be submitted to and approved by
the Department of Planning Services that screens the site from the
surrounding property owners and rights-of-way.
C. 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.
D. A Final Drainage Report and Certification of Compliance, stamped and
signed by a Professional Engineer registered in the State of Colorado, is
required.
E. An On-Site Wastewater Treatment System (OWTS) is required for the main
shop and shall be designed and installed according to the Weld County
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OWTS regulations. The OWTS is required to be designed by a Colorado
Registered Professional Engineer.
F. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR20-0017.
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.
5) The map shall delineate the landscaping and screening in
accordance with the approved Landscape and Screening Plan.
6) The map shall delineate the on-site lighting in accordance with the
approved Lighting Plan.
7) The map shall delineate the parking area for the vendors,
customers and/or employees.
8) 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.
9) County Road 50 is a paved road and is 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.
10) 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.
11) The applicant shall show and label the approved tracking control on
the site plan.
12) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
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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.
13) 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.
14) The applicant shall show and label the drainage flow arrows.
15) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map, the applicant
shall submit a Mylar map along with all other documentation required as Conditions
of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar map and additional requirements shall be submitted
within 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the 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.
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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of November, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dithiv16,;(1 �r 1 �- -
Mike Freeman, Chair
Weld County Clerk to the Board
EXC ED
BYSte Moreno ro-Tem A"AA 147/eputy Clerk to the Board
1 Sc tt K. James
APP: ED AS •' Y .� �,.��Ilu
arbara Kirk
ounty orney
®u l Kevin D. Ross
Date of signature: wis/2•�`
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TEN SLEEP INVESTMENT GROUP, LLC
USR20-001 7
1. The Site Specific Development Plan and Use by Special Review Permit, USR20-0017, is
for Oil and Gas Support and Service (the parking, staging, and storage of equipment:
scrapers, dozers, road graders, company vehicles, semi-trucks, and ancillary equipment
for production unit set-up [oil and gas well pad set-up] and maintenance); a Roustabout;
four (4) cargo (conex) containers; and three (3) 40-foot by 60-foot storage and
maintenance shops outside of subdivisions and historic townsites 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 6:00 a.m. - 6:00 p.m., Monday through Friday.
4. The number of on-site employees shall be up to six (6), as stated in the application
materials.
5. The existing and proposed 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 existing and proposed landscaping and screening on the site shall be maintained in
accordance with the approved Landscape and Screening Plan. 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. Dead or diseased plant materials
shall be replaced with materials of similar quantity and quality at the earliest possible time.
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.
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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.
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. Any On-Site Wastewater Treatment System located on the property must comply with all
provisions of the Weld County Code, pertaining to On-site Wastewater Treatment
Systems. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
21. All chemicals must be handled in a safe manner in accordance with product labeling and
in a manner, that minimizes the release of hazardous air pollutants (HAPs) and volatile
organic compounds (VOCs). All chemicals must be stored securely, on an impervious
surface, and in accordance with manufacturers' recommendations.
22. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault
and hauled off for proper disposal. Records of installation, maintenance, and proper
disposal shall be retained.
23. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
24. Sources of light shall be shielded and downcast 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.
25. 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
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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.
26. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
27. 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.
28. 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.
29. 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.
30. 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.
31. 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.
32. 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
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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.
33. 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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