HomeMy WebLinkAbout20131657.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0016, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY (GAS
PROCESSING FACILITY AND RELATED EQUIPMENT INCLUDING GAS
COMPRESSORS ALONG WITH A LAYDOWN YARD/STORAGE AREA FOR OIL
AND GAS EQUIPMENT) IN THE A (AGRICULTURAL) ZONE DISTRICT - NELSON
RANCHES, INC., C/O WHITING PETROLEUM CORPORATION
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 3rd 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 Nelson Ranches, Inc., 58900 County Road 382, Grover, Colorado 80729, c/o
Whiting Petroleum Corporation, 1700 Broadway, Suite 2300, Denver, Colorado 80290, for a Site
Specific Development Plan and Use by Special Review Permit, USR13-0016, for a Mineral
Resource Development Facility, including an Oil and Gas Support and Service Facility (gas
processing facility and related equipment including gas compressors along with a laydown
yard/storage area for oil and gas equipment) in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
E1/2 of Section 21, Township 10 North, Range 58
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.
Ct'. G�(� L 141- `P W I kp eie,
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1) Section 22-5-100 -- Oil and gas Goals and Policies.
a) OG.Policy 1.2 -- Oil and gas support facilities which do not
rely on geology for locations should locate in commercial
and industrial areas, when possible, and should be subject
to review in accordance with the appropriate sections of
this Code.
b) OG.Policy 2.5 -- The County should use its regulatory
powers, to the extent authorized by law, to minimize the
impacts of oil, gas and other mineral extractions to the land
and land uses and ensure complete restoration of the
areas impacted, from start-up through termination of
production.
c) I.Policy 6.2 -- Support the use of visual and sound barrier
landscaping to screen open storage areas from residential
uses or public roads. The proposed gas processing facility
is located in a rural area. The nearest residence is located
approximately 2/3 of a mile to the northeast of the site.
There is already considerable oil and gas activity along
County Road (CR) 127 and the remote location of this
facility minimizes impacts on adjacent properties.
Conditions of Approval and Development Standards will
adequately mitigate impacts on other potentially
incompatible uses (such as single family residences).
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 Site Specific
Development Plan and Use by Special Review Permits for Mineral
Resource Development Facilities, including Oil and Gas Support and
Service Facilities as a Use by Special Review Permit 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 proposed gas
processing facility is located in a rural area (rangeland). An abandoned
residence on the Nelson Ranches property is located approximately 2/3
of a mile from the proposed gas processing facility. The Department of
Planning Services received one phone call objecting to the proposed
facility from a surrounding property owner who owns land to the east of
the proposed site. The proposed facility (with the exception of the
laydown yard/storage area and office building) will be setback
approximately 600 feet from CR 127). The remote location of the use and
the attached Conditions of Approval and Development Standards will
ensure compatibility with the existing surrounding land uses.
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D. Section 23-2-220.8.4 -- 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 proposed gas processing facility site is not located
within the three-mile referral area of any municipality.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The site is not located within any
overlay district. Building Permits issued on the lot will be required to
adhere to the fee structure of the County -Wide Road Impact Fee Program
and the 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 site is identified as "Prime if Irrigated" according to the
Prime and Important Farmlands Map of Weld and Larimer Counties. The
applicant has applied for a recorded exemption to create a parcel for the
facility. The proposed gas processing facility will encompass less than 35
acres on a 313 -acre parcel.
G. Section 23-2-230.B.7 — The proposed Conditions of Approval and
Development Standards will ensure that there are adequate provisions for
the protection of the health, safety, and welfare of 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 Nelson Ranches, Inc. c/o Whiting Petroleum
Corporation, for a Site Specific Development Plan and Use by Special Review Permit,
USR13-0016, for a Mineral Resource Development Facility, including an Oil and Gas Support
and Service Facility (gas processing facility and related equipment including gas compressors
along with a laydown yard/storage area for oil and gas equipment) 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 applicant shall submit a Final Drainage Report, stamped and signed
by a Professional Engineer registered in the State of Colorado, and
following the Weld County Drainage Criteria is required. (SATISFIED)
B. The applicant shall submit written evidence from the Division of Water
Resources that the well is appropriately permitted for the commercial use.
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C. An Improvements Agreement, including collateral for all off -site
improvements, as well as road maintenance, is required for this site.
Road maintenance, including dust control and damage repairs, will be
required.
D. The applicant shall submit a Lighting Plan to the Department of Planning
Services, for review and approval.
E. The applicant shall submit documentation demonstrating that the
secondary containment to be constructed around the aboveground tanks
complies with the Colorado Oil and Gas Conservation Commission's
Rule 604.
F. A recorded deed indicating the boundaries of the parcel on which the gas
processing plant will be located (Lot A of RECX13-0014) shall be
submitted to the Department of Planning Services.
G. 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:
1) A list of the type and volume of chemicals expected to be stored
on the site.
H. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0016.
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.
5) CR 127 is designated on the Weld County Road Classification
Plan as a collector road, which requires 80 feet of right-of-way at
full buildout. There is an additional 10 feet from the centerline of
CR 127 that shall be delineated on the plat as future CR 127
right-of-way. The applicant shall verify and delineate on the plat
the existing right-of-way and the documents creating the
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right-of-way. All setbacks shall be measured from the edge of
future right-of-way. If the right-of-way cannot be verified, it shall
be dedicated. This road is maintained by Weld County.
6) Show the approved access(es) on the plat and label with the
approved access permit number (will be provided).
7) The applicant shall designate the location of the proposed septic
system on the plat. The septic system must be protected from
vehicle traffic.
8) The plat shall delineate the approved Lighting Plan.
9) The off-street parking spaces, including the access drive, shall be
surfaced with gravel, asphalt, concrete or the equivalent and shall
be graded to prevent drainage problems.
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
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 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 Grading Permit will be
required prior to the start of construction. The Grading Permit Application
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may contain an Erosion and Sediment Control Plan, a Grading Plan, and
a copy of the approved Colorado Department of Health and Environment
(CDPHE) Stormwater Permit.
6. 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.
7. Prior to the issuance of the 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.
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rdday of July, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD CTY, COLORADO
ATTEST: S)L"
Weld County Clerk to the Board
BY:
Deputy
APPR
Date of signature: AUG 0 6 2013
rney
illiam F. Garcia, Chair
Rss�� �R (/a
ademach r, Pro -Ted
can P. Conway
Kirkmeyer
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
NELSON RANCHES, INC., CIO WHITING PETROLEUM CORPORATION
USR13-0016
1. A Site Specific Development Plan and Use by Special Review Permit, USR13-0016, is
for a Mineral Resource Development Facility, including an Oil and Gas Support and
Service Facility (gas processing facility and related equipment including gas
compressors along with a laydown yard/storage area for oil and gas equipment) 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 hours of operations shall be 24 hours a day, 7 days a week.
4. There will be a maximum of 20 employees on -site.
5. 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.
6. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions.
7. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
8. 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.
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.
12. Adequate toilet facilities (portable toilets) and hand washing units shall be provided
during the construction of the facility.
13. 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.
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14. In accordance with Colorado Oil and Gas Conservation Commission Rule 604, a spillage
retention berm shall be constructed around the aboveground storage tanks. The volume
retained by the spillage berm should be greater than the volume of the largest tank
inside the berm and sufficient freeboard to contain precipitation. Alternative protective
measures may be allowed, provided they comply with the Colorado Oil and Gas
Conservation Commission regulations.
15. 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.
16. The Spill Prevention, Control and Countermeasure Plan shall be available on the site, at
all times.
17. 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.
18. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
19. 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.
20. 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.
21. Off-street parking spaces, including the access drive, shall be surfaced with gravel,
asphalt, recycled asphalt base, concrete or the equivalent and shall be graded to
prevent drainage problems.
22. Historical flow patterns and runoff amounts will be maintained on the site.
23. Weld County is not responsible for the maintenance of on -site drainage related features.
24. Building Permits issued on the property will be required to adhere to the fee structure of
the County -Wide Road Impact Fee Program.
25. Building Permits issued on the property will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Programs.
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26. Building Permits, including Engineered Foundation and Plans, may be required. A Soils
Report will need to be submitted with the plans, as well. For any electrical work done,
Electrical Permits will be required. Weld County has adopted the 2012 International
Building Codes along with the 2011 National Electric Code and 2006 Energy Code.
27. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move,
demolish, or change the occupancy of a building or structure, or to erect, install, enlarge,
alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing
system, or to cause any such work to be done, shall first make application to the building
official and Weld County to obtain the required permit.
28. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
29. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
30. 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.
31. 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.
32. 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.
33. 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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