HomeMy WebLinkAbout20131478.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0002, FOR A MINERAL RESOURCE DEVELOPMENT, INCLUDING
OIL AND GAS SUPPORT AND SERVICE (NATURAL GAS PROCESSING FACILITY
WITH A FIELD OFFICE, STORAGE YARD, PROCESSING PLANT, AND A GAS
METERING STATION) IN THE A (AGRICULTURAL) ZONE DISTRICT (REPLACES
USR-1772 ON LOT A OF RECX12-0082) - MEADOWLARK MIDSTREAM COMPANY,
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 19th day
of June, 2013, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Meadowlark Midstream Company, LLC, 999 18th Street, Denver,
Colorado, 80202, for a Site Specific Development Plan and Use by Special Review Permit,
USR13-0002, for a Mineral Resource Development, including Oil and Gas Support and Service
(natural gas processing facility with a field office, storage yard, processing plant, and a gas
metering station) in the A (Agricultural) Zone District (Replaces USR-1772 on Lot A of
RECX12-0082), on the following described real estate, being more particularly described as
follows:
Lot A of Recorded Exemption, RECX12-0082;
being part of the E1/2 NE1/4 of Section 26,
Township 12 North, Range 63 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was present, and represented by Grant
Burchell, 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.
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1) Section 22-6-20.A.1 (ECON.Policy 1.1) states: "Promote the
expansion and diversification of the industrial economic base to
achieve a well-balanced industrial sector in order to provide a
stable tax base and a variety of job opportunities for County
citizens."
2) Section 22-2-80.D (I.Goal 4) states: "All new industrial
development should pay its own way." The applicant will be
responsible for covering all costs for all on -site and any applicable
off -site improvements associated with this use, as required
through the Improvements Agreement and Conditions of Approval.
3) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of
agricultural land to nonurban residential, commercial, and
industrial uses should be accommodated when the subject site is
in an area that can support such development, and should attempt
to be compatible with the region."
4) 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." The improvements on the
property consist of an oil and gas processing plant, office, and up
to two (2) control rooms. The remote location, along with the
Conditions of Approval and Development Standards, will assist in
mitigating the impacts of the facility on the adjacent properties.
5) 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." This USR is adjacent to USR-1772 which was
approved for an Oil and Gas Support and Service Facility. The
adjacent properties are primarily dry farmland and grazing land.
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.1 of the Weld County
Code allows for A Site Specific Development Plan and Use By Special
Review Permit for Mineral Resource Development, including Oil and Gas
Support and Service (natural gas processing facility with a field office,
storage yard, processing plant, and a gas metering station) 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 site is
approximately 11 miles northwest of the Town of Grover. The adjacent
properties are primarily dry farmland and grazing land. The closest
residence is one (1) mile south of the proposed facility on CR 71.
USR-1772 for an oil and gas facility is north of and adjacent to this USR
request. This site is currently part of USR-1772 and is required to submit
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a partial vacation for USR-1772. USR-817 for gravel mining is
approximately one (1) mile west and USR-432 for a 172 -head dairy is
approximately one (1) mile south of this site.
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 three (3) miles of any
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 Program, County Facility Fee and Drainage Impact Fee
Programs.
Section 23-2-230.8.6 -- 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
"High Potential Dry Cropland - Prime if they become irrigated" per the
1979 Soil Conservation Service Important Farmlands of Weld County
Map. There are improvements on the site already. The proposed USR
will not take any Prime (Irrigated) Farmland out of production.
Section 23-2-230.8.7 -- 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 Meadowlark Midstream Company, LLC, for a Site
Specific Development Plan and Use by Special Review Permit, USR13-0002, for a Mineral
Resource Development, including Oil and Gas Support and Service (natural gas processing
facility with a field office, storage yard, processing plant, and a gas metering station) in the
A (Agricultural) Zone District (Replaces USR-1772 on Lot A of RECX12-0082), 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 request to partially vacate USR-1772 for
Lot A of RECX12-0082, per Section 23-2-260.D.
B. 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.
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C. A Lighting Plan, including cut -sheets of the lamps proposed, shall be
provided to the Department of Planning Services for review and approval.
The Lighting Plan shall adhere to the lighting requirements for off-street
parking spaces per Section 23-4-30.E of the Weld County Code and shall
adhere to the lighting standards, in accordance with Section 23-3-360.F
and Section 23-2-250.D of the Weld County Code. Further, the approved
Lighting Plan shall be delineated on the plat.
D. The applicant shall update the Waste Handling Plan to include the
following:
1) A list of wastes which are expected to be generated on the site
(this should include expected volumes and types of waste
generated).
2) A list of the type and volume of chemicals expected to be stored
on the site.
3) The waste handler and facility where the waste will be disposed of
(including the facility name, address, and phone number).
E. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0002.
2) The attached Development Standards.
3) The plat shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) The approved Signage Plan.
5) The approved Lighting Plan.
6) All easements of record.
7) 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.
8) County Roads 71 and 136.5 are designated on the Weld County
Road Classification Plan as local gravel roads, which require 60
feet of right-of-way at full buildout. The applicant shall verify the
existing right-of-ways and the documents creating the
right-of-ways. This information shall be noted on the plat. All
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setbacks shall be measured from the edge of future right-of-ways.
If the right-of-ways cannot be verified, it shall be dedicated. These
roads are maintained by Weld County.
9) The applicant shall show the approved accesses on the plat and
label them with the approved access permit numbers
(AP11-00202 for the CR 71 access and AP12-00065 for the CR
136.5 access).
10) Label the recording information with the reception number and
date for the drainage easement for conveyance and detention
facilities on the neighboring property.
11) Show and label the tracking control at the site accesses.
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. 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.
6. Prior to Construction:
A. In the event that one (1) or more acres are disturbed during the
construction and development of this site, the applicant shall obtain a
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Stormwater Discharge Permit from the Water Quality Control Division of
the Colorado Department of Public Health and Environment (CDPHE).
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
must contain an Erosion and Sediment Control Plan, Grading Plan,
installation details of all Best Management Practices (BMPs) to be
utilized, typical installation and maintenance notes for all BMPs to be
utilized, and a copy of the approved CDPHE Stormwater Permit.
7. Prior to operation:
A. A signed copy of the Spill Prevention, Control and Countermeasure Plan
shall be provided to Environmental Health Services Division of the Weld
County Department of Public Health and Environment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of June, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD TY, COLORADO
ATTEST:
Weld County Clerk to the Board
to the Board
APP c Ir D AS TO FO
ty torney
Date of signature: JUL 3 0 2013
Pro-Tem
ike Freeman
EXCUSED
Barbara Kirkmeyer
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MEADOWLARK MIDSTREAM COMPANY, LLC
USR13-0002
1. A Site Specific Development Plan and Use By Special Review Permit, USR13-0002, is
for a Mineral Resource Development, including Oil and Gas Support and Service
(natural gas processing facility with a field office, storage yard, processing plant, and a
gas metering station) 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 number of on -site employees shall be limited to fifteen (15) full-time employees.
4. The hours of operations shall be 24 hours a day, 7 days a week, as stated in the
application materials.
5. All signs, if any, shall be in compliance with the Weld County Code.
6. 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.
7. 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.
8. The existing access point shall be modified from being temporary to being permanent
and gated.
9. The historical flow patterns and runoff amounts will be maintained on the site in such a
manner that it will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to run-off rate and velocity increases,
diversions, concentration and/or unplanned ponding of storm runoff.
10. The applicant will take into consideration stormwater capture/quantity and provide
accordingly for BMPs.
11. Weld County is not responsible for the maintenance of on -site drainage related features.
12. 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.
13. 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.
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14. 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.
15. The applicant shall operate in accordance with the approved Waste Handling Plan and
Spill Prevention, Control and Counter Measure (SPCC) Plan, at all times.
16. Any vehicle or equipment washing areas shall capture all effluent and prevent
discharges from the washing in accordance with the Rules and Regulations of the Water
Quality Control Commission, and the Environmental Protection Agency.
17. 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.
18. 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.
19. Adequate drinking, hand washing and toilet facilities shall be provided at all times.
20. 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.).
21. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
22. Floor drain wastes shall be captured in a watertight vault and hauled off for proper
disposal. Records of installation, maintenance, and proper disposal shall be retained.
23. The SPCC Plan shall be available on the site, at all times.
24. Groundwater may not meet all drinking water standards as defined by the Colorado
Department of Public Health and Environment. The Weld County Department of Public
Health and Environment strongly encourages well users to test their drinking water prior
to consumption and periodically thereafter.
25. 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.
26. The applicant shall comply with all provisions of the State Underground and Above
Ground Storage Tank Regulations.
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27. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
28. 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.
29. Building Permits issued on the property will be required to adhere to the fee structure of
the County -Wide Road Impact Fee Program.
30. 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.
31. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, of the Weld County Code.
32. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, of the Weld County Code.
33. 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.
34. 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.
35. 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.
36. 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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