HomeMy WebLinkAbout20140296.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0018, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES,
OIL AND GAS SUPPORT AND SERVICE, (CRYOGENIC FACILITY FOR THE
PROCESSING OF NATURAL GAS PRODUCTS), AND RELATED EQUIPMENT AND
STRUCTURES, AND ONE COMMUNICATIONS TOWER (35 FEET IN HEIGHT) IN
THE A (AGRICULTURAL) ZONE DISTRICT - STERLING ENERGY INVESTMENTS,
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 5th day of
February, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Sterling Energy Investments, LLC, 1200 17th Street, Suite 2850,
Denver CO 80202, for a Site Specific Development Plan and Use by Special Review Permit,
USR13-0018, for Mineral Resource Development Facilities, Oil and Gas Support and Service,
gas products), and related equipment and
(Cryogenic Facility for the processing of natural
structures, and one communications tower (35 feet in height) in the A (Agricultural) Zone
9
District, on the following described real estate, being more particularly described as follows:
Lot B of Recorded Exemption, RECX12-0090;
being part of the S1/2 SW1/4 of Section 25,
Township 9 North, Range 61 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was present and represented by Gordon
Stevenson and Daniel Worth, with Sterling Energy, 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 22-5-100.A (OG.Goal 1) states: "Promote the reasonable
and orderly exploration and development of oil and gas mineral
resources."
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2) Section 22-2-80.D (I.Goal 4) states: "All new industrial
development should pay its own way" The applicant, Sterling
Energy Investments, LLC, will be paying for all on-site and off-site
improvements associated with this facility.
3) 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 (Noise limits) 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, and will address and mitigate
impacts on the surrounding area due to the expansion of this
facility.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Citing Section 23-3-40.A.2 that provides
for a Site Specific Development Plan and Special Review Permit for
Mineral Resource Development, Oil and Gas Support and Service,
including a cryogenic facility for the processing of natural gas products,
and related equipment and structures, and one (1) 35-foot in height
communications tower in the A (Agricultural) Zone District.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The property slopes
slightly northwest to southeast. Lands in all directions are in dryland
agriculture with very limited residential improvements. In the immediate
area, there are no residences within the notification area. Approximately
5,700 feet to the northeast is one residence and approximately 7,700 feet
directly west from the proposed facility is the second residence. There
are two (2) property owners and three (3) parcels within five hundred feet
of this proposed facility. Tri-State Generation and Transmission has a
345 kV transmission line to the southwest of this site and there is limited
oil and gas activity to the west of the property.
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 the three (3) mile municipal
referral area.
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E. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The existing site is not within a
recognized overlay district, including the Geologic Hazard, Flood Hazard
or Airport Overlay District. Building permits issued on the property 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 23-2-230.6.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The proposed Cryogenic Natural Gas Processing Facility
is sited on lands that are designated "Prime if they become Irrigated" on
the Important Farmlands of Weld County map, dated 1979. Therefore,
as there is no irrigation water associated with this site, no "Prime"
agricultural lands have been taken out of production.
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 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 Sterling Energy Investments, LLC, for a Site
Specific Development Plan and Use by Special Review Permit, USR13-0018, for Mineral
Resource Development Facilities, Oil and Gas Support and Service, (Cryogenic Facility for the
processing of natural gas products), and related equipment and structures, and one
communications tower (35 feet in height) 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 plat:
A. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0018.
2) The attached Development Standards.
3) The plat 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. Areas used for storage or trash collection shall
be screened from adjacent properties and public rights-of-way.
These areas shall be designed and used in a manner that will
prevent trash from being scattered by wind or animals.
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5) County Road (CR) 100 is designated on the Weld County Road
Classification Plan as a local gravel road, which requires 60 feet of
right-of-way at full buildout. The applicant shall verify the existing
60 feet of right-of-way and the documents creating the
right-of-way and this information shall be noted on the plat. All
setbacks shall be measured from the edge of future right-of-way.
If the existing right-of-way cannot be verified, it shall be dedicated.
This road is maintained by Weld County.
6) The applicant shall show the approved accesses and label with
the approved access permit number (AP12-00388).
7) The applicant shall show the standard tracking control for access
onto gravel roads; this design includes double cattle guards
across both lanes at the access point.
8) The applicant shall show the permanent fifty (50) foot in width
pipeline easement north of CR 100 for the gas plant, and label this
easement with the reception number.
9) The applicant shall show the permanent 160-foot in width pipeline
easement northwest of the gas plant, which will be utilized for the
custody transfer from the Centennial Gas plant to either the
Southern Star pipeline or the Overland pass pipeline, and label
this easement with the reception number.
2. Prior to Construction
A. If more than one (1) acre is to be disturbed, a Weld County Grading
Permit will be required prior.
3. Prior to issuance of a Certificate of Occupancy:
A. An Individual Sewage Disposal System (I.S.D.S.) is required for the
proposed facility and shall be installed according to the Weld County
I.S.D.S. Regulations. The septic system is required to be designed by a
Colorado Registered Professional Engineer, according to the Weld
County I.S.D.S.
4. One month prior to operation:
A. A signed copy of the Spill Prevention, Control and Countermeasure Plan
shall be provided to the Environmental Health Services Division of the
Weld County Department of Public Health and Environment.
B. 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
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evidence of acceptance to the Department of Planning Services.
5. Upon completion of Condition of Approval #1, the applicant shall submit an
electronic version (.pdf), or three (3) paper copies, of the plat to the Weld County
Department of Planning Services for preliminary approval. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. Upon approval of the plat, the applicant shall submit a Mylar plat,
along with all other documentation required as Conditions of Approval. The Mylar
plat and additional requirements shall be submitted within one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution. The
Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder
by the Department of Planning Services. The applicant shall be responsible for
paying the recording fee.
6. 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.
7. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat 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.
8. 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 plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of February, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d frJchp;A Do lasryad a Cha r\n
Weld County Clerk to the Board /
1 ��s Barbara Kirkmey, r, Pro-Terra'
BY:
De• A Clerk to the Board I l -- 4
t ,�i 1 s n P. Conway
1861ti.b
APPROVED A FORM:
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✓. y At or ey
WiRia . Garcia
Date of signature: 9.o90 VI
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
STERLING ENERGY INVESTMENTS, LLC
USR13-0018
1. The Site Specific Development Plan and Use by Special Review Permit, USR13-0018, is
for Mineral Resource Development Facilities, Oil and Gas Support and Service,
(cryogenic facility for the processing of natural gas products), and related equipment and
structures, and one (1) communications tower (35 feet in height) in the A (Agricultural)
Zone District, and 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. 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.
4. 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.
5. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions. The applicant
shall operate in accordance with the approved Waste Handling Plan, at all times.
6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall be operated in accordance with the approved Dust Abatement Plan, at all
times.
7. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
8. 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
Individual Sewage Disposal Systems.
9. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
10. This facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone District, as delineated in Section 14-9-30 of the Weld County Code, or
with all applicable state noise statutes and/or regulations.
11. All 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.
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12. The Spill Prevention, Control and Countermeasure Plan shall be available on-site, at all
times.
13. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
14. Building and Electrical Permits will be required for the cryogenic facility and any new
construction, alternation, or addition to any building on the property per Section 29-3-10
permits of the Weld County Code. Currently, the following codes have been adopted by
Weld County: 2012 International Codes, 2006 International Energy Code and 2011
National Electrical Code.
15. Pursuant to Chapter 15, Articles I and II, of the Weld County Code, if 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.
16. The historical flow patterns and run-off amounts will be maintained on-site.
17. The number of on-site employees shall commensurate with the number of persons
which the septic system may accommodate in accordance with the requirements of the
Weld County Code, pertaining to Individual Sewage Disposal Systems (I.S.D.S.)
Regulations.
18. Building Permits issued on the proposed lot will be required to adhere to the fee
structure of the County Wide Road Impact Program.
19. Building Permits issued on the proposed lot will be required to adhere to the fee
structure of the County Facility Fee and Drainage Impact Fee Programs
20. The facility will operate 24 hours per day, 365 days per year.
21. The facility will comply with the approved Lighting Plan.
22. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
23. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
24. 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.
25. 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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26. 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.
27. 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.
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28. 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 plat and recognized at all times.
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