HomeMy WebLinkAbout20153029.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0029, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY (OUTDOOR
STORAGE OF OUT OF SERVICE VEHICLES, AND STORAGE UNITS ASSOCIATED
WITH AN OIL FIELD SERVICE COMPANY) IN THE A (AGRICULTURAL) ZONE
DISTRICT- KIMZEY CASING SERVICE, 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 23rd day of
September, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Kimzey Casing Service, LLC, 3401 Quebec Street, #3200, Denver, CO
80207, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0029,
for a Mineral Resource Development Facility, including an Oil and Gas Support and Service
Facility (outdoor storage of out of service vehicles, and storage units associated with an oil field
service company) in the A(Agricultural)Zone District, on the following described real estate, being
more particularly described as follows:
Lot B of Corrected Recorded Exemption,
CORR RE-784; being part of the N1/2 NW1/4 of
Section 29, Township 5 North, Range 64 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:
-- The proposed use is consistent with Chapter 22
A. Section 23-2-230.B.1 p
p p
and any other applicable code provisions or ordinance in effect.
1) 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." And Section 22-2-20.1.5
(A.Policy 9.5) states: "Applications for a change of land use in the
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SPECIAL REVIEW PERMIT (USR15-0029) - KIMZEY CASING SERVICE, LLC
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agricultural areas should be reviewed in accordance with all
potential impacts to surrounding properties and referral agencies."
Conditions of Approval and Development Standards (a noise limit
is attached and screening of the storage area is required) are
included to address compatibility with the surrounding 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 Oil and Gas
Support and Service Facilities (outdoor storage of out of service vehicles,
and storage units associated with an oil field service company) as a Use
by Special Review Permit in the A (Agricultural) Zone District.
C. Section 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The proposed USR site is located
adjacent to a substation to the west and agricultural land to the north. The
nearest single family residences are located approximately 800 feet, 1,000
feet and 1,800 feet to the south, north and east of the facility, respectively.
A letter of opposition/concern, dated June 17, 2015, was received from a
surrounding property owner expressing concerns with trash being dumped
on the property along with human waste. The letter indicates that this type
of use should be located in an industrial area. In the event this permit gets
approved, the surrounding property owner requests that the equipment
vehicle storage be completely inside an enclosed building and that the
weeds be removed from the property. Conditions of Approval and
Development Standards (a noise limit is attached and screening of the
storage area is attached as a condition of approval) are included to address
compatibility with the surrounding area. The application indicates that there
will be a dumpster on the site (and is required to be shown on the plat as a
Condition of Approval).
D. Section 23-2-230.B.4--The uses which will be permitted will be compatible
with future development of the surrounding area as permitted by the
existing zoning and with the future development as projected by Chapter 22
of the Weld County Code and any other applicable code provisions or
ordinances in effect, or the adopted Master Plans of affected municipalities.
The site is located within the three (3) mile referral area of the Town of
Kersey. No referral response has been received from the Town of Kersey
in regards to this case.
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.
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 2.02 acres
delineated as "Other," per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map.
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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 Kimzey Casing Service, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR15-0029, for a Mineral Resource
Development Facility, including an Oil and Gas Support and Service Facility (outdoor storage of
out of service vehicles, and storage units associated with an oil field service company) 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 submit a Screening Plan to the Department of Planning
Services for review and approval. All parking and storage areas shall be
screened on the north and east from adjacent properties and public
rights-of-way by either an opaque fence or by live plant material that will
serve to adequately screen the area.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR15-0029.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) Delineate the approved Landscaping/Screening Plan.
6) Show the approved access(es) and label with the approved Access
Permit Number (AP15-00217).
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
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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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of September, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dIttdigivw EXCUSED
adz.�� Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
/ I / Mike Freeman, Pro-Tem
BY:
De y Clerk to the B.c rd ,.,,
nP. Con ay
APP RM:
Cozad
oun torney \ \cY
/6/)
/ ® e Moreno
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KIMZEY CASING SERVICE, LLC
USR15-0029
1. The Site Specific Development Plan and Use by Special Review Permit, USR15-0029, is
for a Mineral Resource Development Facility, including an Oil and Gas Support and
Service Facility (outdoor storage of out of service vehicles, and storage units associated
with an oil field service company) 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.
IV, Division 2 and Appendices 23 C 23-D and
3. All signs shall adhere to Chapter 23, Articlepp ,
23-E of the Weld County Code.
4. The landscaping/screening on the site shall be maintained.
5. Unoccupied man-camp structures on the site shall be stored for a period not to exceed
sixty (60) days.
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 1, 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
Non-specified Zone District, as delineated in Section 14-9-30 of the Weld County Code.
11. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. Sewage disposal for the facility shall be by septic
system. Any septic system located on the property must comply with all provisions of the
Weld County Code, pertaining to On-site Wastewater Treatment Systems.
12. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
The facility shall utilize the existing public water supply.
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13. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
14. 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.
15. Should noxious weeds exist on the property, or become established as a result of the
proposed development, 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 site shall be maintained to mitigate any impacts to the public road, including damages
and/or off-site tracking.
17. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
18. The historical flow patterns and runoff amounts will be maintained on the site.
19. 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 2011 National Electrical Code. A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing the
wet stamp of a Colorado registered architect or engineer must be submitted for review. A
Geotechnical Engineering Report, performed by a Colorado registered engineer, shall be
required or an Open Hole Inspection.
20. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
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 of 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 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.
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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