HomeMy WebLinkAbout20131781.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0022, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
OIL AND GAS SUPPORT AND SERVICE, INCLUDING STORAGE OF PIPE AND
PRODUCTION EQUIPMENT, AND ANY LNG RELATED USE PERMITTED AS A USE
BY RIGHT, ACCESSORY USE OR USE BY SPECIAL REVIEW IN THE
COMMERCIAL OR INDUSTRIAL ZONE DISTRICT; AND A TRUCK PARKING AREA
IN THE A (AGRICULTURAL) ZONE DISTRICT - NOBLE ENERGY, INC.
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 July, 2013, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Noble Energy, Inc., 1625 Broadway, Suite 2000, Denver, CO 80202,
for a Site Specific Development Plan and Use by Special Review Permit, USR13-0022, for a
Mineral Resource Development Facility, Oil and Gas Support and Service, including storage of
pipe and production equipment, and any LNG related Use permitted as a Use by Right,
Accessory Use or Use by Special Review in the Commercial or Industrial Zone District; and a
truck parking area in the A (Agricultural) Zone District, on the following described real estate,
being more particularly described as follows:
Lot B of Recorded Exemption, RECX12-0069;
being located in part of the E1/2 NW1/4 and the
W1/2 NW1/4 of Section 26, Township 6 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present and represented by Vincent
Harris, Baseline Corporation, 700 12th Street, Suite 220, Golden, CO 80401, 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.
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1) Section 22-2-20.G (A.Goal 7) states: "County land use regulations
should protect the individual property owner's right to request a
land use change."
2) Section 22-2-20.G (1. A.Policy 7.1) states: "County land use
regulations should support commercial and industrial uses that are
directly related to, or dependent upon, agriculture, to locate within
the agricultural areas, when the impact to surrounding properties
is minimal, or can be mitigated, and where adequate services are
currently available or reasonably obtainable." The proposed
storage yard will assist with Noble Energy's drilling operations in
the Wattenberg Field and with equipment post well construction.
3) Section 22-2-80.D (I.Goal 4) states: "All new industrial
development should pay its own way" Noble Energy, Inc., and
successors will be paying for all on -site and off -site improvements
associated with this use, as required through the Improvements
Agreement.
4) Section 22-5-140 A (AE.Goal 1) states: "Support and encourage
research, development and use of alternative energy resources."
Further, Section 22-5-140. A.2 (AE.Policy 1.3) states: "Support the
development and use of biofuels." Encana will operate a liquefied
natural gas (LNG) fueling station at this location.
5) 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"
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 a Mineral Resource Development Facility, including Oil
and Gas Support and Service (storage of pipe and production equipment)
and Section 23-3-40.S provides for any Liquefied Natural Gas (LNG) Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in
the Commercial or Industrial Zone Districts, provided that the property is
not a lot in an approved or recorded subdivision plat or part of a map or
plan filed prior to adoption of any regulations controlling subdivisions as a
Use by Special Review 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 facility is located
in a rural agricultural area on a parcel containing no improvements.
Noble Energy has a permitted USR11-0026 and MUSR13-0016 for a
water storage and upload facility immediately adjacent to the north.
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Adjacent properties are utilized for crop production, primarily corn, and for
confined feeding operations, including a dairy. Oil and gas facilities are
existing encumbrances on this parcel and adjacent properties. There are
a few residences in the immediate area. Conditions of Approval and
Development Standards will ensure that this use will be compatible with
surrounding land uses.
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-mile referral area 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.
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
"Prime" per the 1979 Soil Conservation Service Important Farmlands of
Weld County Map. Historically, the entire site has been in crop
production; however, with the change in ownership, there is no irrigation
water associated with the property.
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 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 Noble Energy, Inc., for a Site Specific
Development Plan and Use by Special Review Permit, USR13-0022, for a Mineral Resource
Development Facility, Oil and Gas Support and Service, including storage of pipe and
production equipment, and any LNG related Use permitted as a Use by Right, Accessory Use or
Use by Special Review in the Commercial or Industrial Zone District; and a truck parking area 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 prepared per Section 23-2-260.D of the Weld County
Code.
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B. All sheets of the plat shall be labeled USR13-0022.
C. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) CR 57 is a local gravel road and requires a 60 -foot 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. If the right-of-way cannot be
verified, it shall be dedicated. This road is maintained by Weld
County.
3) CR 64.5 is a local gravel road and requires a 60 -foot 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. If the right-of-way cannot be
verified, it shall be dedicated. This road is maintained by Weld
County.
4) The applicant shall show the approved access(es) on the Plat and
label with the approved access permit number (will be provided).
5) If exterior lighting is a part of this facility, all light standards shall
be delineated in accordance with Section 23-3-250.6.6 of the
Weld County Code.
6) Oil and Gas encumbrances, including appropriate setbacks, shall
be delineated on the plat.
7) All recorded easements of record which encumber this site shall
be delineated and referenced on the plat by the Weld County
Clerk and Recorders reception number.
D. The applicant shall address the requirements/concerns of the Department
of Public Health and Environment, as stated in the referral response
dated April 22, 2013, including:
1) The applicant shall submit evidence of an Air Pollution Emission
Notice (A.P.E.N.) and Emissions Permit Application from the Air
Pollution Control Division (APCD), Colorado Department of Health
and Environment (CDHE), if applicable. Alternately, the applicant
can provide evidence from the APCD that they are not subject to
these requirements. (Note: An A.P.E.N. is also required if the
amount of disturbed area exceeds 25 acres.)
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2) The applicant shall designate the location of the proposed septic
system on the plat. The septic system must be protected from
vehicle traffic.
3) The applicant shall submit documentation from North Weld County
Water District indicating that water service is approved for the
commercial facility.
4) The applicant shall submit evidence of a recorded easement for
the water line crossing two parcels, and the easement shall be
designated on the plat.
5) The applicant shall submit a revised Waste Handling Plan, for
approval, to the Environmental Health Services Division of the
Weld County Department of Public Health and Environment. The
plan shall include at a minimum, the following:
a) A list of the type and volume of chemicals expected to be
stored on the site.
b) Hazardous Material Spill Cleanup and Disposal
Procedures.
c) The waste handler and facility where the waste will be
disposed of (including the facility name, address, and
phone number).
E. A Screening Plan for the property for review and approval by the
Department of Planning Services. Screening will not interfere with
security for the property.
An Improvements Agreement, as well as road maintenance, is required
for this site. Road maintenance including dust control, damage repair, and
triggers for improvements will be included.
G. An accepted Final Drainage Report and a complete set of Construction
Drawings that have been stamped, signed, and dated by a registered
professional engineer licensed in the State of Colorado are required.
H. The applicant will meet with the local Fire Department, as well as the
Weld County Office of Emergency Management to address any concerns
they may have.
2. Upon completion of Condition of Approval #1 above, 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
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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.
3. 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 be added for each additional three (3)
month period.
4. 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.
5. One month prior to the start of construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading
Permit will be required prior to the start of construction.
A State Stormwater Discharge Permit may be required for a development
/ redevelopment / construction site where a contiguous or non-contiguous
land disturbance is greater than, or equal to, one (1) acre in area. The
applicant shall contact the Water Quality Control Division of the Colorado
Department of Public Health and Environment at
www.cdphe.state.co.us/wq/PermitsUnit for application and more
information.
6. Prior to the 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. Regulations.
B. The applicant shall submit evidence of an Underground Injection Control
(UIC) Class V Injection Well Permit from the Environmental Protection
Agency (EPA) for any large -capacity septic system (a septic system with
the capacity to serve 20 or more persons per day). Alternately, the
applicant can provide evidence from the EPA that they are not subject to
the EPA Class V requirements.
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The above and foregoing Resolution
by the following vote on the 17th day of July,
ATTEST:
Weld County Clerk to the
BY:
Deputy Clerk to the Bb
APP
ounty Attorney
Date of signature:
was, on motion duly made and seconded, adopted
A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD NTY, COLORADO
Chair
Sean P. Conway
Mike Freeman /
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
NOBLE ENERGY, INC.
USR13-0022
1. The Site Specific Development Plan and a Use by Special Review Permit, USR13-0022,
is for Mineral Resource Development Facility, Oil and Gas Support and Service,
including storage of pipe and production equipment, and any LNG related Use permitted
as a Use by Right, Accessory Use or Use by Special Review in the Commercial or
Industrial Zone District; and a truck parking area 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, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
6. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
7. 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.
8. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone, as delineated in Section 14-9-30 of the Weld County Code.
9. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
10. 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 (I.S.D.S.).
11. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
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12. Adequate toilet facilities (portable toilets) and hand washing units shall be provided
during the construction of the facility.
13. Bottled water shall be utilized for drinking during construction of the project.
14. All potentially hazardous chemicals must be stored and 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.
15. The facility shall comply with the Air Pollution Emission Notice (A.P.E.N.) permit
requirements as stipulated by the Air Pollution Control Division, Colorado Department of
Public Health and Environment, as applicable.
16. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
17. 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.
18. The historical flow patterns and runoff amounts will be maintained on the site.
19. Weld County is not responsible for the maintenance of on -site drainage related features.
20. This is a manned facility with up to five (5) personnel on -site for the loading and
unloading of equipment and materials with additional employees on -site for the periodic
refueling of vehicles.
21. This facility operates 24 hours a day, 365 days per year.
22. 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 of the adjacent
properties in accordance with the plan. Neither the direct, not 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.
23. Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
24. Building Permits issued on the lot will be required to adhere to the fee structure of the
County Facility Fee and Drainage Impact Fee Programs
25. Building and electrical permits may be required for any new construction, alteration, or
addition to any building on the property per Section 29-3-10 of the Weld County Code.
Currently the following codes cycles have been adopted by Weld County: 2012
International Codes; 2006 International Energy Code; 2011 National Electrical Code.
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26. 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.
27. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
28. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
29. 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.
30. 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.
31. 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.
32. 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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