HomeMy WebLinkAbout20161088.tiff RESOLUTION
RE : APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0078 , FOR A MINERAL RESOURCE DEVELOPMENT, INCLUDING
OIL AND GAS SUPPORT AND SERVICE (STORAGE OF TANKS, VESSELS , PIPE
RACKS, OTHER OIL AND GAS PRODUCTION EQUIPMENT AND MORE THAN ONE
CARGO CONTAINER AS AN ACCESSORY STRUCTURE) IN THE
A (AGRICULTURAL) ZONE DISTRICT - CIRCLE B LAND COMPANY, LLC , C/O M3
CONSTRUCTION , 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 30th day of
March . 2016 . at the hour of 10 : 00 a . m . , in the Chambers of the Board . for the purpose of hearing
the application of Circle B Land Company . LLC . 1099 18th Street. Suite 2300 , Denver, CO 80202 .
c/o M3 Construction , LLC . 2861 W. 120th Avenue . Suite 250. Westminster, CO 80234, for a Site
Specific Development Plan and Use by Special Review Permit. USR15-0078 , for a Mineral
Resource Development, including Oil and Gas Support and Service (storage of tanks . vessels,
pipe racks . other oil and gas production equipment and more than one cargo container as an
accessory structure) in the A (Agricultural) Zone District, on the following described real estate,
being more particularly described as follows :
Lot B of Recorded Exemption . RECX14-0110 : being
part of the E1 /2 SE1 /4 of Section 27 , Township 5
North , Range 61 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- 10. D states : "Extraction of natural resources is an
important part of the economy of the County. Such extraction
frovl ATLI Wit° 2016- 1088
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SPECIAL REVIEW PERMIT ( USR15-0078) - CIRCLE B LAND COMPANY . LLC , C/O M3
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operations should minimize the impacts to agricultural lands and
agricultural operations. .. The storage yard will support oil and gas
related activities in the surrounding region . It will be located on
lands that are currently non-irrigated rangeland located in a rural
area with existing oil and gas activity.
2) Section 22-2- 100 . E (C . Goal 5) states: "Minimize the
incompatibilities that occur between commercial uses and
surrounding properties. The proposed facility is located in a
sparsely occupied area of the County and is surrounded by dryland
agricultural properties having low density residential development
and oil and gas encumbrances .
B . Section 23-2-230 . B. 2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. The facility is classified as an Oil and Gas
Support and Service facility. Section 23-3-40 .A. 2 of the Weld County Code
states that these facilities are uses allowed to be constructed . occupied,
operated and maintained and Section 23-3-40 . BB allows for more than one
cargo container as an accessory structure in the A (Agricultural) Zone
District upon approval of the Use by Special Review Permit.
C . Section 23-2-230. B. 3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The proposed facility is surrounded
by dryland prairie and dryland agricultural properties comprised of very
low-density development and oil and gas wells. The NGL Water Solutions
DJ , LLC C- 11 Class II Brinewater Disposal Facility is located immediately
adjacent to this site. There are nine properties and thirteen property
owners within five hundred feet of the proposed facility. Rural residential
properties are 1 . 5 to 2 miles west of the proposed facility. The Department
of Planning Services has received no telephone calls or correspondence
regarding this land use application .
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.
Article V, of the Weld County Code. 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 . The site is
not within the floodplain .
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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 80 acres of "Other "
p p pp Y
Lands , per the 1979 Soil Conservation Service Important Farmlands of
Weld County Map, and therefore will not be taking Prime 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County. Colorado , that the application of Circle B Land Company. LLC . c/o M3 Construction , LLC .
for a Site Specific Development Plan and Use by Special Review Permit , USR15-0078 . for a
Mineral Resource Development, including Oil and Gas Support and Service (storage of tanks ,
vessels, pipe racks, other oil and gas production equipment and more than one cargo container
as an accessory structure) 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 and Road Maintenance Agreement is required for off-site
improvements at this location . Road maintenance , including dust control ,
damage repair, specified haul routes and future traffic triggers for
improvements, will be included .
B . The applicant shall submit a Signage Plan to the Department of Planning
Services . for review and approval , if signage is desired . Signs shall be in
compliance with Chapter 23 . Article IV. Division II and Appendices 23-C ,
23-D and 23-E of the Weld County Code .
C . The map shall be amended to delineate the following :
1 ) All sheets of the map shall be labeled USR15-0078 .
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 show and label the accepted drainage features
and drainage flow arrows. Water quality features or stormwater
ponds should be labeled as "Water Quality Feature/Stormwater
Detention , No-Build or Storage Area . " and shall include the
calculated volume .
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2 . Upon completion of Condition of Approval #1 above , the applicant shall submit one
( 1 ) paper copy or 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 added for each additional three (3)
month period .
4 . The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate . Acceptable CAD formats are . dwg , . dxf,
and . dgn (Microstation ) ; acceptable GIS formats are ArcView shapefiles or ArcGIS
Personal GeoDataBase (MDB) . The preferred format for Images is .tif (Group 4) .
(Group 6 is not acceptable) . This digital file may be sent to maps@co .weld . co . us.
5 . Prior to Construction :
A. If more than one ( 1 ) acre is to be disturbed . a Weld County Grading Permit
will be required .
6 . The Use by Special Review activity shall not occur. nor shall any building or
electrical permits be issued on the property, until the Use by Special Review map
is ready to be recorded in the office of the Weld County Clerk and Recorder or the
applicant has been approved for an early release agreement.
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The above and foregoing Resolution was , on motion duly made and seconded , adopted
by the following vote on the 30th day of March , A. D . , 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY. COLORADO
ATTEST: W ..k' 11,0•,4 / r tL-G1' _
Mike Freeman . Chair
Weld County Clerk the Board = `�
c)i ___
Sean P. Conway. Pro-Tem r
BY: , ur /[-
Depu . Clerk to the Board � EXCUSED
La 'e A. Cozad
AP . OV - M : SED
361 ( :^•'': . rb . ra Kirkmeyer
ou • ttorney *'
Pt i, a Moreno
Date of signature : 4//32-fib' J /
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CIRCLE B LAND COMPANY, LLC ,
C/O M3 CONSTRUCTION , LLC
USR15-0078
1 . The Site Specific Development Plan and Use by Special Review Permit. USR15-0078, is
for Mineral Resource Development . including Oil and Gas Support and Service (storage
of tanks, vessels . pipe racks . other oil and gas production equipment and more than one
cargo container as an accessory structure) 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 24 hours a day. seven days a week .
4 . This is an unmanned facility.
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 . All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act . Section 30-20- 100. 5 . C . R . S . ) shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination .
7 . 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. Section 30-20- 100. 5. C . R . S .
8 . 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 facility shall operate in accordance with Chapter 14 , Article I . of the Weld
County Code .
9 . 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.
10 . This facility shall adhere to the maximum permissible noise levels allowed in the Light
Industrial Zone District. as delineated in Section 25- 12- 103. C . R. S .
11 . Adequate drinking . handwashing and toilet facilities shall be provided for employees of the
facility, at all times . For employees or contractors 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 .
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12 . The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code .
13 . 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 .
14. The signs on the site shall be maintained .
15. The applicant/landowner shall be responsible for controlling the noxious weeds . pursuant
to Chapter 15, Articles I and II , of the Weld County Code .
16 . The historical flow patterns and runoff amounts will be maintained on the site .
17 . Weld County is not responsible for the maintenance of on-site drainage related features .
18. There shall be no parking or staging of vehicles on County roads . On-site parking shall be
utilized .
19. The access to the site shall be maintained to mitigate any impacts to the public road ,
including damages and/or off-site tracking .
20. Building permits may be required . per Section 29-3- 10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2012 International Codes,
2006 International Energy Code , and 2014 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.
21 . The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
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.
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 .
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24. 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 .
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 person moving into these areas must
recognize the various impacts associated with this development. Often times , 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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