HomeMy WebLinkAbout20191432.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0112, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY
INCLUDING OIL AND GAS SUPPORT AND SERVICE (OUTDOOR STORAGE OF
PIPES, EQUIPMENT, AND OTHER MATERIALS USED BY OIL AND GAS) IN THE
A (AGRICULTURAL) ZONE DISTRICT - GUTTERSEN RANCH, 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 17th day of
April, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Guttersen Ranch, LLC, 2361 Highway 263, Greeley, Colorado 80631, for a Site
Specific Development Plan and Use by Special Review Permit, USR18-0112, for a Mineral
Resource Development Facility including Oil and Gas Support and Service (outdoor storage of
pipes, equipment, and other materials used by oil and gas) in the A (Agricultural) Zone District,
on the following described real estate, being more particularly described as follows:
Lot B of Recorded Exemption, RE -2744; being part
of the NW1/4 of Section 20, Township 3 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Shannon Toomey,
AGPROfessionals, 3050 67th Avenue, Greeley, Colorado 80634, 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 22-6-20.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
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SPECIAL REVIEW PERMIT (USR18-0112) - GUTTERSEN RANCH, LLC
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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.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District Section 23-3-40.A.2 of the Weld County
Code provides for Mineral Resource Development Facilities, Oil and Gas
Support and Service including storage facilities in the Agricultural Zoning
District. Oil and gas production facilities are predominately located in the
A (Agricultural) Zone District so it's logical for many oil and gas support
services to be located near these operations.
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, low density residential and existing oil and gas facilities.
There are two (2) residences within close proximity of the site. There is a
house located directly north of CR 32 and is approximately 904 feet from
the proposed operation. The second closest residence is located
approximately 940 feet to the east, on CR 32. There are two (2) LCO's
(Livestock Confinement Operations) within 0.5 mile to the east
(MUSR13-0015 and USR-606). There are also several high-pressure
natural gas lines in the area. Nine (9) surrounding property owners received
notice of the application and the County received no letters of opposition.
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 three (3) miles of any
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 or Airport Overlay District. The site is
located in a Special Flood Hazard Area and is designated in the "A"
Approximate Zone. The applicant has submitted a Flood Hazard
Development Permit (FHDP18-0102) to store outside equipment in the
floodplain. 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. A small portion of the property is designated as "Prime (Irrigated) -
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Farmlands of National Importance." However, the laydown yard is located
entirely outside this designation, so no prime farm -ground will be lost.
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. The
applicant will be required to enter into a Weld County Improvements
Agreement to address required off -site improvements and haul and traffic
routes to and from the facility, at a minimum.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Guttersen Ranch, LLC, for a Site Specific Development
Plan and Use by Special Review Permit, USR18-0112, for a Mineral Resource Development
Facility including Oil and Gas Support and Service (outdoor storage of pipes, equipment, and
other materials used by oil and gas) 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. An Improvements Agreement for road maintenance and future
improvement triggers. It will detail the approved haul route(s), outline when
off -site improvements will be triggered, and include a maintenance
agreement for the haul routes. Possible mitigations included in the road
maintenance agreement may include but are not limited to: dust control,
specified haul routes, damage repairs, and future improvement triggers.
B. The applicant shall submit a Communication Plan.
C. The USR map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0112.
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 site Lighting.
6) County Road 32 is a gravel road and is designated on the Weld
County Functional Classification Map (Code Ordinance 2017-01)
as a(n) local road, which requires 60 feet of right-of-way. The
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applicant shall delineate the future and existing right-of-way and the
physical location of the road on the site map or plat. If the
right-of-way cannot be verified it shall be dedicated. Pursuant to the
definition of setback in the Weld County Code, Chapter 23,
Article III, Section 23-3-50, the required setback is measured from
the future right-of-way line. Be aware that physical roadways may
not be centered in the right-of-way. This road is maintained by Weld
County.
7) Section 12-4-30.B states: "A Right -of -Way Use Permit is required
for occupying, constructing or excavating facilities within, and for
encroaching upon, any County rights -of -way or easement."
Right -of -Way Use Permit instructions and application can be found
at https://www.weldgov.com/departments/publicworks/permits/.
8) The applicant shall show and label the approved tracking control on
the site plan.
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 drainage flow arrows.
11) 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) paper copy, and 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.
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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. 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. Submit evidence of
acceptance to the Department of Planning Services.
6. The Use by Special Review Permit is not perfected until the Conditions of Approval
are completed and the map is recorded. Activity shall not occur, nor shall any
building or electrical permits be issued on the property, until the Use by Special
Review map is ready to be recorded in the office of the Weld County Clerk and
Recorder or the applicant has been approved for an early release agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of April, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
de-tifo)
Weld County Clerk to the Board
BY: I
Deputy Clerk to
APP
ounty = torney
Date of signature: Fj-l3- is
EXCUSED
Barbara Kirkmeyer, Chair
Mike Freeman, Pro-Tem
7,
ean.
cot t K. James
Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
GUTTERSEN RANCH, LLC
USR18-0112
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0112, is for
a Mineral Resource Development Facility including Oil and Gas Support and Service.
Location and operation bases for businesses whose primary activity includes (outdoor
storage of pipes, equipment, and other materials used by the oil and gas industry) in the
A (Agricultural) Zone District.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The property owner or operator shall provide written evidence of an 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.
4. The number of full-time employees will be up to two (2), according to the application
materials.
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 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.
7. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
8. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
9. 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.
10. The property owner shall comply with all requirements provided in the executed
Improvements Agreement.
11. The Improvements Agreement for this site may be reviewed on an annual basis, including
a site visit and possible updates.
12. The historical flow patterns and runoff amounts on the site will be maintained.
13. Weld County is not responsible for the maintenance of onsite drainage related features.
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14. 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.
15. 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.
16. 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.
17. 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.
18. Adequate drinking, handwashing, and toilet facilities shall be provided for employees and
patrons of the facility, at all times. If employees or contractors are on site for less than
two (2) consecutive hours a day 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 and
shall contain hand sanitizers. Portable toilets shall be screened from existing adjacent
residential properties.
19. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
20. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties 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.
21. A building permit may be required, per Section 29-3-10 of the Weld County Code.
Currently the following has been adopted by Weld County: 2018 International Codes; 2006
International Energy Code; 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 shall be required
or an open hole inspection.
22. 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.
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23. 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.
24. 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.
25. 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.
26. 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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