HomeMy WebLinkAbout20191909RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0126, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL
AND GAS SUPPORT AND SERVICE INCLUDING LOCATION AND OPERATION
BASES FOR BUSINESSES WHOSE PRIMARY ACTIVITY INCLUDES THE
FOLLOWING KINDS OF USES: PARKING AND MAINTENANCE OF EXPLORATION,
PRODUCTION OR WORKOVER EQUIPMENT; EQUIPMENT AND STORAGE YARDS
FOR ROAD AND PIPELINE CONSTRUCTION CONTRACTORS, AND PRODUCTION
UNIT SET-UP AND MAINTENANCE CONTRACTORS; PARKING AND
MAINTENANCE FOR TANK AND WATER SERVICE COMPANIES; STORAGE AND
RENTAL YARDS FOR PIPE AND PRODUCTION EQUIPMENT; FIELD OFFICES USED
BY PRODUCTION -RELATED RECORDS AND MAINTENANCE PERSONNEL;
AGRICULTURAL SERVICE ESTABLISHMENTS PRIMARILY ENGAGED IN
PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR HORTICULTURAL
SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING FERTILIZER STORAGE,
MIXING, BLENDING AND SALES; ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (PARKING STORAGE AND STAGING OF
COMMERCIAL VEHICLES, GENERAL CONTRACTOR, STORAGE, MAINTENANCE,
REPAIR OF CONSTRUCTION PRODUCTS AND EQUIPMENT SALES AND WELDING
OPERATIONS); ANY USE OF A RESEARCH, REPAIRING, MANUFACTURING,
FABRICATING, PROCESSING, ASSEMBLING OR STORAGE NATURE MAY BE
CONDUCTED OUTSIDE OF AN ENCLOSED BUILDING, AREAS FOR PARKING
VEHICLES OR EQUIPMENT, AND OUTDOOR STORAGE, PROVIDED THAT THE
PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT
OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS
CONTROLLING SUBDIVISIONS AND MORE THAN THE NUMBER OF CARGO
CONTAINERS ALLOWED AS A USE BY RIGHT PER LEGAL LOT OR PARCEL IN THE
A (AGRICULTURAL) ZONE DISTRICT - CLIFF SIMPSON
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 29th day of
May, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Cliff Simpson, 43646 CR 45, Ault, Colorado 80610, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0126, for Mineral Resource
Development Facilities, Oil and Gas Support and Service including location and operation bases
for businesses whose primary activity includes the following kinds of uses: parking and
maintenance of exploration, production or workover equipment; equipment and storage yards for
road and pipeline construction contractors, and production unit set-up and maintenance
contractors; parking and maintenance for tank and water service companies; storage and rental
yards for pipe and production equipment; field offices used by production -related records and
maintenance personnel; Agricultural Service Establishments primarily engaged in performing
agricultural, animal husbandry or horticultural services on a fee or contract basis, including
fertilizer storage, mixing, blending and sales; Any Use permitted as a Use by Right, Accessory
Use, or Use by Special Review in the Commercial or Industrial Zone Districts (parking storage
and staging of commercial vehicles, General Contractor, storage, maintenance, repair of
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2019-1909
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SPECIAL REVIEW PERMIT (USR18-0126) - CLIFF SIMPSON
PAGE 2
construction products and equipment sales and welding operations); Any use of a research,
repairing, manufacturing, fabricating, processing, assembling or storage nature may be
conducted outside of an enclosed building, areas for parking vehicles or equipment, and outdoor
storage, provided that the property is not a lot in an approved or recorded subdivision plat or part
of a map or plan filed prior to adoption of any regulations controlling subdivisions and more than
the number of cargo containers allowed as a Use by Right per legal lot or parcel in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
S1/2 NW1/4 of Section 26, Township 8 North, Range
65 West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was Tony Evans, Encompass, LLC, 1001 East
Harmony Road, Suite A201, 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. 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 23-2-230.6.1 — The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.6.2 (A. Policy 2.2) states: "Allow commercial and
industrial uses, which are directly related to or dependent upon
agriculture, to locate within agricultural areas when the impact to
surrounding properties is minimal or mitigated and where adequate
services and infrastructure are currently available or reasonably
obtainable. These commercial and industrial uses should be
encouraged to locate in areas that minimize the removal of
agricultural land from production."The applicant proposes to utilize
up to 3.5 acres of the entire 80+/- acre parcel for his business,
including activities associated with an agricultural services
establishment, the sale of agricultural seed. The remaining lands
will continue to be utilized for agricultural activities, including the
Simpson family home. Development of the parcel is restricted to
lands lying west of the Owl Creek floodplain that serves to separate
the activities on -site from adjacent neighbors to the east. Lands
near and within the floodplain are designated as "Other Lands,"
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SPECIAL REVIEW PERMIT (USR18-0126) - CLIFF SIMPSON
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whereas, the remaining 68.5 acres not associated with the
business, are "Prime if they become Irrigated," per the 1979
Important Farmlands of Weld County map.
2) 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 property owner is proposing to utilize his
80+/- acre parcel for the family home and use a small area adjacent
to County Road 45 for the base of operations for his business. This
business provides oil and gas support and service for northern and
eastern Weld County mineral development; storage of pipeline and
processing equipment for oilfield development, parking storage and
staging of commercial vehicles, and welding operations, and all
activities associated with the applicants diversified General
Contracting business.
3) 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 property is not within the three (3)
mile referral area for a municipality or a County. The nearest
municipality is the Town of Ault, which defines its future Land Use
Plan out to County Road 39. Per their Comprehensive Plan, there
is a one (1) mile agriculture buffer between the municipal limits and
the future planning limits. Following this Planning model, should the
Town expand its boundaries, there would be a minimum buffer of
one (1) mile, creating a buffer between the future growth of the
Town and existing land use activities in the unincorporated areas.
4) Section 22-2-20.1 (A.Goal 9) states: "Reduce potential conflicts
between varying land uses in the conversion of traditional
agricultural lands to other land uses." The attached Conditions of
Approval and Development Standards will assist in mitigating the
impacts of the proposed facility on the adjacent properties and
ensure compatibility with surrounding land uses and the greater
community.
5) Section 22-2-80.F.4 (I.Policy 6.4) states: "Ensure that industrial
properties are free of derelict vehicles, refuse, litter and other
unsightly materials." As a Condition of Approval, the applicant is
required to maintain commercial vehicles in an operational
condition, with all vehicles, support trailers, and equipment to have
current tags. Trash associated with the business is to be disposed
of properly in a trash receptacle for disposal by a refuse service or
recycled by an approved vendor. Fugitive dust created by operation
of the facility is to be controlled onsite and mitigated with a dust
suppression treatment or water, as required.
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6) Section 22-4-70.A (N.Goal 1) states: "Minimize the impact of noise
on County residents. "Welding, fabrication, maintenance and repair
of new and used equipment, vehicles, and special projects will be
conducted within the existing metal skinned building.
7) 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. "A component of the applicant's business is to provide oil and
gas support and service on a variety of fronts, from roust -a -bout
services, to water hauling, to office space, et cetera. These uses
are not required at a production well head site and are not reliant
on geology. The business does rely on transportation infrastructure
and general proximity to the oil field. The proposed location of the
business affords the applicant and property owner the ability to
maintain an agrarian lifestyle and provide for a base of operations
for the business. The Department of Public Works, in the referral
dated February 11, 2019, requires the applicant to submit a signed
Road Maintenance Agreement for the site. Road maintenance
including dust control, damage repair, and triggers for
improvements will be included. Based on referral agency
responses, the proposed Use is in an area that can support this
development. The facility will use downcast, shielded lighting
implementing the Dark Sky Policy limiting transient light migration,
including no derelict equipment and vehicles, along with 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 greater
area.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.A.2 allows for Mineral
Resource Development Facilities including Oil and Gas Support and
Service, with the primary activity including the following kinds of uses:
parking and maintenance of exploration, production or workover
equipment; equipment and storage yards for road and pipeline construction
contractors, and production unit set-up and maintenance contractors;
parking and maintenance for tank and water service companies; storage
and rental yards for pipe and production equipment; field offices used by
production -related records and maintenance personnel. Also,
Section 23-3-40.B for Agricultural Service Establishments primarily
engaged in performing agricultural, animal husbandry or horticultural
services on a fee or contract basis, including: Fertilizer storage, mixing,
blending and sales. Also, Section 23-3-40.S for any Use permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial
or Industrial zone districts, general contractor, storage, maintenance, repair
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of construction products and equipment sales and welding operations; any
use of a research, repairing, manufacturing, fabricating, processing,
assembling or storage nature may be conducted outside of an enclosed
building areas for parking vehicles or equipment, and outdoor storage,
provided that the property is not a lot in an approved or recorded
subdivision plat or part of a map or plan filed prior to adoption of any
regulations controlling subdivisions. Also, Section 23-3-40.BB allowing
more than the number of cargo containers allowed as a Use by Right per
legal lot or parcel. 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 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. The A (Agricultural) Zone District regulations are established to
promote the health, safety, and general welfare of the present and future
residents of the County.
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
production agriculture with center pivots and no residences to the west,
two (2) residences to the north on lands that are impacted by the Owl Creek
floodplain, and a single residence immediately adjacent to the south of the
applicant's property line. Lands surrounding this residence are in dryland
agriculture, there are two (2) residences and several vacant Recorded
Exemption parcels approximately 0.25 miles south of the applicant's
property. To the east is a rise in topography of approximately seventy (70)
feet in elevation to a single-family residence that overlooks the applicant's
property and has good views of the front range. The closest residence is
thirty-five (35) feet from the applicant's south property line and
approximately five hundred twenty (520) feet to the Simpson residence and
nine hundred twenty (920) feet to the metal skinned shed. Traffic originating
from this property will head primarily north on County Road 45 (an
all-weather road) to County Road 90 (a paved road). A smaller amount of
traffic will head to the south on County Road 45 to County roads in the area
and predominately gravel. There are four (4) USRs within one (1) mile of
the site. To the southwest there are three (3) permits: SUP -245 was
permitted for a Hog Farm; SUP -145 was permitted for a 250 -head Dairy
and USR-1507 is permitted for a Child Care Center. To the east is CUP -49
for an Airstrip. The Weld County Department of Planning Services sent
notice to four (4) Surrounding Property Owners on eight (8) parcels.
Planning staff received no correspondence and three (3) telephone calls
from area residents, some within 500 feet of the parent parcel boundary.
The telephone calls addressed concerns about trucks idling, non-specific
noise, safety, fire, aesthetic impact, impact from truck traffic, and road
conditions. The applicant's representative has been in contact with the
Surrounding Property Owners through a letter sent to each property owner
within 500 feet of the property. The letter states the property has historically
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been utilized for agricultural purposes and a private residence and that the
proposed Land Use permit will allow Mr. and Mrs. Simpson to run their
business on the property. The letter continues to describe the proposed
business as storage, maintenance, repair, product and equipment sales,
fertilizer storage, general contractor, welding operations, research and
development of non -hazardous products, oil and gas equipment. The
Conditions of Approval require that the applicant submit an Emergency
Action and Safety Plan, a Noise Abatement Plan, a Lighting Plan, and a
Road Maintenance (for roads and traffic patterns. 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, the Airport Overlay District or the
Municipal Separate Storm Sewer System (MS4) Area. The property is
within a Special Flood Hazard Area associated with Owl Creek.
Development within this area will require a Flood Hazard Development
Permit. 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 proposed facility is located on approximately 72 acres designated
as "Prime Irrigated Farmlands of National Importance" and 7.93 acres of
"Other Lands," per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. Planning staff finds no evidence that there
is irrigation water associated with this parcel, therefore, no "Prime"
farmlands have been taken out of production.
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.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Cliff Simson, for a Site Specific Development Plan and
Use by Special Review Permit, USR18-0126, for Mineral Resource Development Facilities, Oil
and Gas Support and Service including location and operation bases for businesses whose
primary activity includes the following kinds of uses: parking and maintenance of exploration,
production or workover equipment; equipment and storage yards for road and pipeline
construction contractors, and production unit set-up and maintenance contractors; parking and
maintenance for tank and water service companies; storage and rental yards for pipe and
production equipment; field offices used by production -related records and maintenance
personnel; Agricultural Service Establishments primarily engaged in performing agricultural,
animal husbandry or horticultural services on a fee or contract basis, including fertilizer storage,
mixing, blending and sales; Any Use permitted as a Use by Right, Accessory Use, or Use by
Special Review in the Commercial or Industrial Zone Districts (parking storage and staging of
commercial vehicles, General Contractor, storage, maintenance, repair of construction products
and equipment sales and welding operations); Any use of a research, repairing, manufacturing,
fabricating, processing, assembling or storage nature may be conducted outside of an enclosed
building, areas for parking vehicles or equipment, and outdoor storage, provided that the property
is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to
adoption of any regulations controlling subdivisions and more than the number of cargo containers
allowed as a Use by Right per legal lot or parcel 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 provide evidence to the Department of Planning
Services that all commercial vehicles in a derelict or state of disrepair have
been removed from the property. All non-commercial junkyard items
located on the property are screened from all adjacent properties and
public rights -of -way or have been removed from the property.
B. The applicant shall submit a Facility Lighting Plan in accordance with the
Dark Sky Policy, and with Sections 23-9-40 and 23-2-250 of the Weld
County Code. Lighting needs to be downcast and shielded.
C. The applicant shall submit a Parking Plan for vendors, customers and/or
employees, and include the parking area for the proposed outdoor storage,
parking and staging of company vehicles and equipment, in accordance
with Sections 23-4-10, 23-4-30, 23-4-40 and Appendix 23-A of the Weld
County Code.
D. 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.
E. A Commercial Building Permit application for a Change of Use permit will
be required for the shop being used for the business operation.
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F. An Onsite Wastewater Treatment System (OWTS) is required for the
proposed facility and shall be installed according to the Weld County Onsite
Wastewater Treatment System Regulations. The OWTS is required to be
designed by a Colorado Registered Professional Engineer according to the
Weld County Onsite Wastewater Treatment System Regulations.
G. The USR Map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0126.
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 on the map the trash collection areas,
per Section 23-3-350.H of the Weld County Code.
5) The map shall delineate the facility lighting, in accordance with
Sections 23-9-40 and 23-2-250 of the Weld County Code.
6) The map shall delineate the parking area for the vendors,
customers and/or employees, in accordance with Sections 23-4-10,
23-4-30, 23-4-40, and Appendix 23-A of the Weld County Code.
7) County Road 45 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 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. All setbacks shall be measured
from the edge of the right-of-way. This road is maintained by Weld
County.
8) The applicant shall show and label the approved access locations,
approved access width and the appropriate turning radii (60 feet)
on the site plan. The applicant must obtain an Access Permit in the
approved location prior to recording the USR.
9) The applicant shall show and label the approved tracking control on
the site plan.
10) 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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11) The applicant shall show and label the drainage flow arrows.
12) The applicant shall show and label all recorded easements on the
map by book and page number or reception number and date on
the site plan.
13) The applicant shall show and label the floodplain and floodway (if
applicable) boundaries on the map. The applicant shall label the
floodplain boundaries with the FEMA Flood Zone and FEMA Map
Panel Number.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf), or one (1) paper copy 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 one hundred twenty (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 one hundred
twenty (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. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
B. A Code Analysis stamped by an Architect licensed in the state of Colorado
shall be provided, along with a complete floor plan with accurate
dimensions for all rooms and uses labeled for the entire structure. The
applicant shall submit plans for Plumbing, Electrical, and Mechanical
systems. Compliance with Energy Code (Corn -Check Reports) shall also
be submitted along with Permit application.
C. The applicant shall submit As -Built Reports for work completed without
building permits.
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5. Prior to the Certificate of Occupancy:
A. Proof of Fire District Notification shall be provided with a Building Permit,
and Fire District Approval will be required prior to Certificate of Occupancy.
6. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the
Office of Emergency Management and the Fire District. The plan shall be
reviewed on an annual basis by the Facility operator, the Fire District and
the Weld County Office of Emergency Management. The applicant shall
submit evidence of acceptance to the Department of Planning Services.
7. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of May, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dadf44)ti(414;
44,
Weld County Clerk to the Board
BY a.
uty Clerk to the Board
APP' 0 . D AS TO
ty At '• rney
Date of signature: ')fo(o%1Ill'I
Barbara Kirkmeyer, C it
Mike Freeman, Pro -Tern
I.
onway
Steve Moreno
2019-1909
PL2660
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CLIFF SIMPSON
USR18-0126
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0126, is
for Mineral Resource Development Facilities, Oil and Gas Support and Service including
location and operation bases for businesses whose primary activity includes the following
kinds of uses: parking and maintenance of exploration, production or workover equipment;
equipment and storage yards for road and pipeline construction contractors, and
production unit set-up and maintenance contractors; parking and maintenance for tank
and water service companies; storage and rental yards for pipe and production equipment;
field offices used by production -related records and maintenance personnel; Agricultural
Service Establishments primarily engaged in performing agricultural, animal husbandry or
horticultural services on a fee or contract basis, including fertilizer storage, mixing,
blending and sales; Any Use permitted as a Use by Right, Accessory Use, or Use by
Special Review in the Commercial or Industrial Zone Districts (parking storage and staging
of commercial vehicles, General Contractor, storage, maintenance, repair of construction
products and equipment sales and welding operations); Any use of a research, repairing,
manufacturing, fabricating, processing, assembling or storage nature may be conducted
outside of an enclosed building, areas for parking vehicles or equipment, and outdoor
storage, provided that the property is not a lot in an approved or recorded subdivision plat
or part of a map or plan filed prior to adoption of any regulations controlling subdivisions
and more than the number of cargo containers allowed as a Use by Right per legal lot or
parcel 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 7:30 a.m. - 5:00 p.m., Monday — Saturday, as stated in the
application materials.
4. The number of on -site employees shall be limited up to twenty-four (24), as stated in the
application materials.
5. The number of commercial vehicles is limited to four (4) tandem trucks and twenty (20)
tractor trailers, as stated in the application materials.
6. The parking area on the site shall be maintained, in accordance with the approved Parking
Plan.
7. 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.
8. The property owner or operator shall provide written evidence of an approved Emergency
Action and Safety Plan on or before March 15th of any given year signed by
representatives for the Fire District and the Weld County Office of Emergency
Management to the Department of Planning Services.
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DEVELOPMENT STANDARDS (USR18-0126) - CLIFF SIMPSON
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9. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties incorporating the Dark Sky Policy. 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.
10. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Article I and II, of the Weld County Code.
11. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
12. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
13. 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.
14. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
15. The Road Maintenance Agreement for this site may be reviewed on an annual basis,
including a site visit and possible updates.
16. The historical flow patterns and runoff amounts on the site will be maintained.
17. Weld County is not responsible for the maintenance of on -site drainage related features.
18. 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.
19. 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.
20. 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.
21. Fugitive dust should attempt to be confined on the property.
22. The facility shall be operated and maintained in a manner to prevent nuisance conditions.
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23. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges
in accordance with the Rules and Regulations of the Water Quality Control Commission,
and the Environmental Protection Agency.
24. 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.
25. All pesticides, fertilizer, and other potentially hazardous 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 (HAP's) and volatile organic compounds (VOC's). All
chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations.
26. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. Sewage disposal shall be by septic system. Any septic
system located on the property must comply with all provisions of the Weld County Code,
pertaining to Onsite Wastewater Treatment Systems. A permanent, adequate water
supply shall be provided for drinking and sanitary purposes.
27. The facility shall comply with the Colorado Department of Agriculture Rules and
Regulations pertaining to Fertilizers (8 CCR 1202-4).
28. The facility shall comply with all provisions of the State Underground and Above Ground
Fuel Storage Tank Regulations.
29. The facility shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
30. A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway as delineated on Federal Emergency Management
Agency (FEMA) FIRM Community Panel Map #08123C-0950, dated January 20, 2016,
(Owl Creek Floodplain). Any development shall comply with all applicable Weld County
requirements, Colorado Water Conservation Board requirements as described in Rules
and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and
requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition of
development is any man-made change to improved or unimproved real estate, including,
but not limited to, buildings or other structures, mining, dredging, filling, grading, paving,
excavation, drilling operations, or storage of equipment and materials.
31. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of
any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified.
32. Building permits may 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 has been adopted by Weld County: 2018 International Building Codes, 2006
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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.
33. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
34. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property with
24 -hours' notice 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.
35. 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.
36. 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.
37. 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.
38. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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