HomeMy WebLinkAbout20194435.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR19-0047, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES
INCLUDING OIL AND GAS SUPPORT AND SERVICE FACILITY (OIL AND GAS
LAYDOWN YARD) IN THE A (AGRICULTURAL) ZONE DISTRICT - SS STORAGE
HUDSON, 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 16th day of
October, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of SS Storage Hudson, LLC, P.O. Box 160, Cokeville, Wyoming 83114, for a Site
Specific Development Plan and Use by Special Review Permit, USR19-0047, for Mineral
Resource Development Facilities including Oil and Gas Support and Service Facility (oil and gas
laydown yard) in the A (Agricultural) Zone District, on the following described real estate, being
more particularly described as follows:
Lot B of Corrected Recorded Exemption, RE-5111;
being part of the NW1/4 of Section 9, Township 2
North, Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Corey Preston, Grant and
Hoffman Law Firm, 821 9th Street, Greeley, CO 80631, 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 application for Use by Special Review Permit, USR19-0053, was received
and processed prior to the adoption of Ordinance #2019-02, effective July 25, 2019, which
amended Chapter 23 Zoning of the Weld County Code. Therefore, the standards for review of
said USR Permit will remain subject to Chapter 23, Article III, of the Weld County Code as it
existed prior to July 25, 2019, 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 23-2-230.6 of the Weld County Code as follows:
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SPECIAL REVIEW PERMIT (USR19-0047) - SS STORAGE HUDSON, LLC
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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.G.2 (A.Policy 7.2) states: "Conversion of
agricultural land to non urban 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 laydown yard will be a 10-acre
portion of a +1- 112-acre parcel. It is proposed to be adjacent to the
adjacent USR owned by the same property owner. The location of
the laydown yard is on the northern side of the subject property and
has agricultural buffer on the east and south sides. Access is off of
County Road 24, which is the northern property line.
2) Section 22-6-20.C.1 (ECON.Policy 3.1) states: "County activities
and regulation should protect the rights of private property owners
and the public health, safety and welfare, recognizing that these
basic rights and protections allow the free market to prosper and
grow the local economy."This proposal has been reviewed by the
appropriate referral agencies and it has been determined that the
attached Conditions of Approval and Development Standards
ensure that there are adequate provisions for the protection of the
health, safety, and welfare of the inhabitants of the neighborhood
and county.
B. Section 23-2-230.6.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-40.A.2 of the Weld County Code provides for Mineral
Resource Development Facilities, Oil and Gas Support and Service
including a laydown yard as a Use by Special Review in the
A (Agricultural) Zone District.
2) Section 22-2-10.D of the Weld County Code states: "Extraction of
natural resources is an important part of the economy of the County.
Such extraction operations should minimize the impacts to
agricultural lands and agricultural operations."
3) 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
without the interference of other, incompatible land uses. The
A (Agricultural) Zone District is also intended to provide areas for
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agricultural land through consolidating the storage of oil and gas
equipment that is not in use.
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
pastures and crops with four (4) residences within 450 feet of the site. The
closest residence is approximately 95 feet northeast of the site. There are
four (4) USRs within one (1) mile of this site. MUSR13-0021 for a church,
is located south of the site, USR-1236 for a powerline, is located north and
adjacent to the site, USR18-0007 for a greater than 12-inch natural gas
pipeline, is located east of the site, and 1MUSR17-11-0013 for truck
parking and repair, is west of and adjacent to the site on lands owned by
the same property owner. The Weld County Department of Planning
Services has received one (1) letter from a surrounding property owner,
which outlined concerns about lights, the access point, and traffic impacts.
Per an email dated September 3, 2019, the applicant's representative
addressed the questions and concerns of the surrounding property owner.
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 located within a three (3) mile referral area of the
Town of Hudson. The Town of Hudson did not submit any referral agency
comments. The site is not within an Intergovernmental Agreement Area.
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, a Special Flood Hazard Area or the
Airport Overlay District. 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 soils designated as "Irrigated Land,
Not Prime," per the 1979 Soil Conservation Service Important Farmlands
of Weld County Map. This USR will not take any "Prime (Irrigated)"
Farmland 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 SS Storage Hudson, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR19-0047, for Mineral Resource
Development Facilities including Oil and Gas Support and Service Facility (oil and gas laydown
yard) 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 Final Drainage Report and Certification of Compliance, stamped and
signed by a Professional Engineer registered in the State of Colorado, is
required.
B. The applicant shall submit evidence that they have permission to cross
under the overhead transmission lines (USR-1236).
C. The USR map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0047.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) The applicant shall delineate the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) If applicable, the map shall delineate the lighting.
6) County Road 41 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.
7) County Road 24 Section Line is shown to have 30 feet of
unmaintained section line right-of-way, per the Weld County GIS
right-of-way map. The applicant shall delineate the existing
right-of-way on the site plan. The applicant shall show and label the
section line right-of-way as "CR 24 Section Line Right-of-Way, not
County maintained." All setbacks shall be measured from the edge
of the right-of-way.
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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(s) prior to construction.
9) 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.
10) 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.
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
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.
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
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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 16th day of October, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: daA„,t) G. JC�Lto• '. U/l�fit�{ , ,2�
Barbara Kirkm eye , Chair
Weld County Clerk to the Board
In442,u42,
•
/V Mike Freeman, Pro-Tem
BY: — — �---�
eputy Clerk to the Board C_
EL Sean P onway
APP' S • =DA •t �
�`��� is�t (�:`•` .. 'I James
---
au Attorney �7 /994j
Oej � � Steve Moreno
Date of signature: to/241/1
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SS STORAGE HUDSON, LLC
USR19-0047
1. The Site Specific Development Plan and Use by Special Review Permit, USR19-0047, is
for Mineral Resource Development Facilities including Oil and Gas Support and Service
Facility (oil and gas laydown yard) 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. This is an unmanned facility.
4. 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.
5. 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.
6. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages.
7. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
8. 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.
9. Access will be along unmaintained County right-of-way and maintenance of the
right-of-way will not be the responsibility of Weld County.
10. The historical flow patterns and runoff amounts on the site will be maintained.
11. Weld County is not responsible for the maintenance of on-site drainage related features.
12. 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.
13. 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.
14. 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. The accepted Waste Handling Plan shall be adhered to.
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15. 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. The accepted
Dust Abatement Plan shall be adhered to.
16. 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.
17. Adequate drinking, handwashing, and toilet facilities shall be provided for employees and
patrons, at all times. The adjacent property identified as parcel #130709200015 can be
utilized for sanitary accommodations providing the property is owned by the applicant.
Otherwise a temporary portable toilet is required for this facility, during the moving of rigs.
18. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
19. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any light
source may create a traffic hazard to operators of motor vehicles on public or private
streets. No colored lights may be used which may be confused with, or construed as,
traffic control devices.
20. A building permit 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 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 registered State of Colorado engineer
and shall be required or an Open Hole Inspection.
21. 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.
22. 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.
23. The property owner or operator shall be responsible for complying with all the foregoing
Development Standards. Noncompliance with any of the foregoing Development
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Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
24. 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.
25. 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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