HomeMy WebLinkAbout20203347.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR20-0026, FOR AN OIL AND GAS SUPPORT AND SERVICE (OUTSIDE
STORAGE OF OIL FIELD SUPPORT EQUIPMENT AND SUPPLIES) IN THE
A (AGRICULTURAL) ZONE DISTRICT -JOEL VELASCO
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 18th day of
November, 2020, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Joel Velasco, 16955 CR 33, Platteville, Colorado 80651, for a Site
Specific Development Plan and Use by Special Review Permit, USR20-0026, for an Oil and Gas
Support and Service (outside storage of oil field support equipment and supplies) in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot B of Recorded Exemption, RECX19-0044; being
part of the NE1/4 NE1/4 of Section 10, Township 3
North, Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. 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.2 (A.Policy 7.2) states: "Conversion of
agricultural land to nonurban residential, commercial and industrial
uses should be accommodated when the subject site is in an area
that can support such development, and should attempt to be
compatible with the region"The proposed commercial business will
be located on a non-irrigated smaller recorded exemption lot, so
therefore, will not take any prime agricultural land out of production.
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SPECIAL REVIEW PERMIT (USR20-0026) - JOEL VELASCO
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The storage area will provide services for the oil and gas industry
within Weld County. This location affords the applicant to live,
maintain and operate the business in close proximity to the areas
that they serve. The property is also located less than one (1) mile
from a Natural Gas Processing Plant, permitted under
USR18-0019, which the items being stored will be used for.
Additionally, USR19-0045, for a diesel truck repair business is
permitted adjacent to this proposal, which is also involved with the
oil and gas industry. There are several mineral resource and oil and
gas production facilities within one mile of the site.
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." As a Condition of Approval, the
applicant is required to submit a Landscape and Screening Plan
that must be approved by the Department of Planning Services prior
to recording the plat. This screening will be required for all areas of
outdoor storage from adjacent property owners and all public rights-
of-way.
3) Section 22-2-20.1.3 (A.Policy 9.3) states: "Consider mitigation
techniques to address incompatibility issues. Encourage
techniques and incentives, such as, but not limited to, clustered
development and building envelopes, to minimize impacts on
surrounding agricultural land." As stated before, the proposal is
adjacent to an existing Use by Special Review Permit,
USR19-0045, which is under the same ownership, for a vehicle
repair establishment including a shop, truck and equipment storage
facility. Additionally, they will be using the same access used for
USR19-0045, which will limit the expansion of the site. The
proposed footprint for the storage yard is five (5) acres in size on
the 19-acre parcel, which is clustered adjacent to the USR19-0045
site.
4) Section 22-5-100.A.2 (OG.Policy 1.2) states: "Oil and gas support
facilities which do not rely on geology for locations should locate in
commercial and industrial areas, when possible, and should be
subject to review in accordance with the appropriate sections of this
Code." The proposed use is in an area that can support this
development and the existing screening, 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.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
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1) Section 23-3-10 — Intent, states, in part: "The A (Agricultural) Zone
District is also intended to provide areas for the conduct of Uses by
Special Review which have been determined to be more intense or
to have a potentially greater impact than Uses Allowed by Right."
2) Section 23-3-40.W — Uses by Special Review outside of
subdivisions and historic townsites allows for "Oil and Gas Support
and Service"in the A (Agricultural) Zone District. This code section
allows the applicant to apply for the Oil and Gas Support and
Service facility.
C. Section 23-2-230.6.3—The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of
farmland, rural residences, oil and gas operations and commercial/
industrial operations. There are six (6) USRs within one (1) mile of the
subject property, including a vehicle repair establishment with a shop, truck
and equipment storage facility, a Second Single-Family Dwelling, an oil and
gas support and service facility, powerline, 10-inch natural gas line, and a
commercial egg farm. There are several USRs within two (2) miles and of
the site, including Small Scale Solar Facilities, kennels, oil and gas support
and service facilities, and mineral resource development facilities. The
Weld County Department of Planning Services sent notice to eight (8)
surrounding property owners within 500 feet, and no correspondence was
received back. Furthermore, the applicant reached out to the eight (8)
surrounding property owners prior to submitting their USR application, who
signed document in support of the proposal.
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 Platteville's Coordinated Planning
Agreement (CPA) area. The town indicated on the signed Notice of Inquiry
form dated August 7, 2020, that they are not interested in annexation and
had no further comments. No referral response was received as a part of
this application. The site is also located within the three (3) mile referral
area of the Town of Gilcrest, who in their referral comments, dated
October 14, 2020, indicated they have no concerns.
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
Special Flood Hazard Area, Geologic Hazard Overlay District, Airport
Overlay District or the Municipal Separate Storm Sewer System (MS4)
area. 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.
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F. Section 23-2-230.6.6 —The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The soil designation for the site is "Prime if they become irrigated" and
"other land," per the 1979 Soil Conservation Service Important Farmlands
of Weld County Map. With these soil designations and the residential
component, the site is not suitable for farming and, therefore, will not being
taking any agricultural land out of 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 Joel Velasco, for a Site Specific Development Plan and
Use by Special Review Permit, USR20-0026, for an Oil and Gas Support and Service (outside
storage of oil field support equipment and supplies) 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. 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.
B. The applicant shall submit a recorded copy of the access license
agreement, signed by all owners of the property crossed by the access.
The easement shall be for ingress and egress. It shall be delineated and
labeled on the USR map and reference the Weld County Clerk and
Recorder's reception number.
C. The applicant shall submit a Landscape and Screening Plan, per
Section 23-4-1030.C of the Weld County Code, for review and approval by
the Department of Planning Services.
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR20-0026.
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) The map shall delineate the approved Landscape and Screening
Plan.
6) The map shall delineate the lighting.
7) 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.
8) The map shall delineate the storage area.
9) The map shall delineate the parking area for the vendors,
customers, and/or employees.
10) County Road 33 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.
11) County Road 36 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.
12) The applicant shall show and label the minimum 30-foot wide
access easement needed to provide legal access to the project site
on the USR map.
13) The applicant shall show and label the drainage flow arrows.
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 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. 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 18th day of November, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddeilm) X,,//
Mike Freeman, Chair
Weld County Clerk to the Board
EXCUSED
BY:
Steve oreno, Pro-Tern
� l/ d�
Deputy Clerk to the Board
Si K. James
AP" • j O FOR%, �� EXCUSED
1161l;��:" �: %:arbara Kirkmeyer
ounty Attorney `; f
j Q `` I Kevin D. Ross
Date of signature: • o. �'�, ���
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JOEL VELASCO
USR20-0026
1. A Site Specific Development Plan and Use by Special Review Permit, USR20-0026, is for
an Oil and Gas Support and Service (outside storage of oil field support equipment and
supplies) in the A(Agricultural) Zone District, subject to the Development Standards stated
hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. Any equipment over 30 feet in height shall be stored horizontally.
4. The parking and storage area on the site shall be maintained.
5. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
6. The existing/proposed landscaping/screening on the site shall be maintained, in
accordance with the approved Landscape and Screening Plan.
7. Sources of light shall be shielded and downcast 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. Adequate drinking, handwashing, and toilet facilities shall be provided for employees and
patrons, at all times. For employees or contractors on site for less than two (2) consecutive
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hours a day, and two (2) or less full-time employees on site, 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.
13. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
14. 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.
15. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking.
16. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
17. 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.
18. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
19. The property owner shall comply with all seven (7) Conditions required to qualify for an
exception to stormwater detention as identified in the Public Works referral response dated
October 8, 2020. This site may be reviewed on an annual basis, including a site visit, to
ensure continued compliance with all seven (7) Conditions.
20. The historical flow patterns and runoff amounts on the site will be maintained.
21. Weld County is not responsible for the maintenance of on-site drainage related features.
22. 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 (2) complete sets of engineered plans bearing the
wet stamp of 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.
23. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
24. 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
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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.
25. 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.
26. 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.
27. 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.
28. 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.
29. 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.
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30. The Weld County Right to Farm Statement, as it appears in Section 22-2-20 J.A.Goal 10
of the Weld County Code, shall be placed on the map and recognized at all times.
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