HomeMy WebLinkAbout20131261.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0008, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING OIL AND GAS SUPPORT AND SERVICE (WATER PUMP STATION AND
WATER SUPPLY AND STORAGE) AND ONE (1) LESS THAN SEVENTY-FOOT IN
HEIGHT [65 -FOOT] COMMUNICATIONS TOWER IN THE A (AGRICULTURAL) ZONE
DISTRICT - ANNA ZIMBLEMAN, C/O ANADARKO E&P ONSHORE, LP
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 29th day
of May, 2013, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Anna Zimbleman, do Anadarko E&P Onshore, LP, 1099 16th Street,
Suite 1800, Denver, Colorado 80202, for a Site Specific Development Plan and Use by Special
Review Permit, USR13-0008, for a Mineral Resource Development Facility, including Oil and
Gas Support and Service (water pump station and water supply and storage) and one (1) less
than seventy-foot in height [65 -foot] Communications Tower in the A (Agricultural) Zone District,
on the following described real estate, being more particularly described as follows:
E1/2 SE1/4 of Section 22, Township 2 North,
Range 63 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Nathan Kaiser, Anadarko
E&P Onshore, LP, 1099 18th, Street, Suite 1800, Denver, Colorado 80202, 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 22-2-20.C (A.Policy 3.3) states: "Land use regulations
should consider the traditional and future operational viability of
water -delivery infrastructure when applications for proposed land
CC '. cxyL( ` (o -IL l lip t
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use changes are considered." The proposed facility will utilize
water leased from Front Range Resources (Renew Resources) in
five-year increments. Delivery of the water will be via a single
20 -inch waterline feeding the twin water storage tanks, buried at a
minimum depth of four (4) feet outside the County Road (CR)
right-of-way in an easement obtained from the adjacent
landowners. The State Engineer, Division of Water Resources,
has permitted all of the wells utilized in the Anadarko/Kerr-McGee
lease. The Lost Creek Basin ground water wells [1775-RFP,
1827-RFP, 4497-RFP, 8499-RFP, 11041-RFP, 12872-RFP,
31562 -FP, and 31596 -FP] are permitted through the Division of
Water Resources for municipal, commercial and other uses as
defined by the State Engineer's Office.
2) 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."
3) 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 water
storage facility will assist with Anadarko's drilling operations in the
Wattenberg Field and will supply water for the drilling and
hydraulic fracturing of oil and gas wells in the area.
4) Section 22-2-80.D (I.Goal 4) states: "All new industrial
development should pay its own way." Anadarko Petroleum
Corporation, their affiliates, and successors will be paying for all
on -site and off -site improvements associated with this use as
required through the Improvements Agreement.
5) Section 22-4-30.A (WA.Goal 1) states: "Support the development
of water that is put to beneficial use, along with associated
infrastructure." The proposed water storage and water
conveyance piping network will provide a valuable and
indispensable service to oil and gas operations conducted by
Anadarko. The centralized location for water storage minimizes
the removal of agricultural land from production.
6) Section 22-4-30.A.1 (WA.Policy 1.1) states: 'Acknowledge a water
right as real property that is held by the individual or entity that has
developed or maintained the water decree." The State Engineer,
Division of Water Resources, has permitted eight (8) wells for
municipal, commercial and other uses.
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7) Section 22-4-30.A (WA.Goal 2) states: "Strive to maintain and
protect water supply storage facilities, conveyances and
infrastructure adequate to sustain continued water use." The
allocation of groundwater and installing a pipeline to transfer
groundwater to a water storage structure centrally located is an
appropriate use in an agricultural area. In fact, the proposed use
would ultimately reduce the impacts of oil and gas operations in
the area because utilizing groundwater for production would
generate less traffic, noise, dust and waste.
8) 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 (pump station and water supply and
storage) and Section 23-3-30.P for one (1) less than seventy-foot in
height [65 -foot] Communications Tower, 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
on a 77.29 -acre tract of land that was most recently utilized for production
agriculture. In the immediate area, there are large tracts of production
agriculture, including center pivots with limited residential development.
There are five (5) residential structures within 500 feet of the property
line, all associated with agriculture. The Department of Planning Services
received a letter from a surrounding property owner, who indicated that
she wanted to see mountains from her window, not tanks.
Representatives from Anadarko met with the concerned property owner
and her concerns have been addressed, as the location of the water
tanks will not restrict her view of the Front Range and mountains.
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 located within the three (3) mile referral area
for the Town of Keenesburg, which indicated no conflict with its interests.
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In a second referral response received May 2, 2013, from the Southeast
Weld Fire District, Chief Beach requested that Anadarko work with the fire
district and install fire hydrants at specific locations along their pipeline.
In response to Chief Beach's request, Anadarko E & P Onshore, LP, in a
letter to Planning staff dated May 13, 2013, stated "Anadarko Petroleum
Corporation has reviewed the request from Southwest Weld Fire
Protection District as to whether the water pipeline, associated with the
proposed pump station, could accommodate the installation of fire
hydrants. Unfortunately, this high pressure water transportation line is not
(wholly) owned by Anadarko, nor is it designed to handle the requested
hardware. The line is a private line pumping water designated for
industrial use. The pipeline and associated equipment is specifically
designed to pump intermittently as needed for operations; therefore, it
may not have the necessary capacity in an emergency situation. Because
the presence of fire hydrants establishes an expectation of service that
may not be available, Anadarko is unable to accommodate the fire
districts request"
E. Section 23-2-230.B.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 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. The recently acquired property did not receive water
rights from the Henrylyn Water District, as the water rights were retained
by the seller. The applicant has indicated that the approximate three (3)
acre site will be removed from agricultural production, with the remaining
lands maintained for a buffer from adjacent properties.
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 Anna Zimbleman, c/o Anadarko E&P Onshore,
LP, for a Site Specific Development Plan and Use by Special Review Permit, USR13-0008, for a
Mineral Resource Development Facility, including Oil and Gas Support and Service (water
pump station and water supply and storage and pump station) and one (1) less than
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seventy-foot in height [65 foot] Communications Tower 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.
B. All sheets of the plat shall be labeled USR13-0008.
C. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) CR 69 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 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 right-of-way cannot be verified,
it shall be dedicated. This road is maintained by Weld County.
3) The facility has proposed one access for the site. The applicant
shall show the approved access on the plat and label it with the
Access Permit number AP13-00084.
4) All approved accesses shall be clearly shown on the plat. The
applicant shall contact the Weld County Department of Public
Works to determine if a culvert is necessary at any approved road
access point. If a drainage culvert is required, it must be sized
appropriately per Weld County Code and criteria.
5) The applicant shall identify the 30 -foot pipeline easement from
CR 18 into the proposed facility. The pipeline easement shall be
referenced on the plat by the Weld County Clerk and Recorder's
reception number.
6) If exterior lighting is a part of this facility, all light standards shall
be delineated in accordance with Section 23-3-250.B.6 of the
Weld County Code.
7) Delineate the water quality feature on the plat and label it as "No
Build/Storage Area." Label the volume of the water quality feature
on the plat.
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8) Oil and Gas encumbrances, including appropriate setbacks, shall
be delineated on the plat.
9) All recorded Easements of record, which encumber this site, shall
be delineated and referenced on the plat by the Weld County
Clerk and Recorder's reception number.
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 the Release of Building Permits:
A. A Building Permit Application must be completed and two complete sets
of plans, including Engineered Foundation Plans bearing the wet stamp of
a Colorado registered architect or engineer, must be submitted for review.
A Geotechnical Engineering Report performed by a registered State of
Colorado engineer shall be required.
B. Buildings and structures shall conform to the requirements of the various
codes adopted at the time of permit application. Currently, the following
have been adopted by Weld County: 2012 International Building Code,
2012 International Mechanical Code, 2012 International Plumbing Code,
2006 International Energy Code, 2012 International Fuel Gas Code, 2011
National Electrical Code, 2003 ANSI 117.1 Accessibility Code, and
Chapter 29 of the Weld County Code.
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C. Building height shall be measured in accordance with the 2012
International Building Code for the purpose of determining the maximum
building size and height for various uses and types of construction and to
determine compliance with the Bulk Requirements from Chapter 23 of the
Weld County Code. Building height shall be measured in accordance
with Chapter 23 of the Weld County Code in order to determine
compliance with offset and setback requirements. Offset and setback
requirements are measured to the farthest projection from the building.
D. Building permits may be required for buildings, structures and change of
use for buildings which required permits before the beginning of
construction or the proposed change of use.
E. A building permit may be required for any new construction, alteration, or
addition to any building on the property. It is recommended that a code
analysis be done on the project by a design professional with experience
in this area.
F. A building plan review shall be approved and a building permit must be
issued prior to the start of construction.
G. A letter may be required from the Southeast Weld Fire Protection District
as to whether a fire permit may be required.
6. One month prior to the start of construction:
A. Contact the Weld County Public Works Utility Coordinator for a
Right -of -Way Permit for any work that may be required in the County
Right -of -Way. A special transport permit will be required for any
oversized or overweight vehicles that may access the site during
construction.
B. In the event that one (1) or more acres are disturbed during the
construction and development of this site, the applicant shall obtain a
Stormwater Discharge Permit from the Water Quality Control Division of
the Colorado Department of Public Health and Environment (CDPHE).
C. 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, a 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.
Evidence of Department of Public Works approval shall be submitted, in
writing, to the Weld County Department of Planning Services.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of May, A.D., 2013.
Weld County Clerk to the Board
BY:
Deputy C
APP
orney
Date of signature: JUN 1 2 2013
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
CziLr
William F. G
cia, Chair
I^
YouglakRademac er, Pro-Tem
Sean P. Conway
Mike Fr ma
Barbara Kirkmeyer
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ANNA ZIMBLEMAN, C/O ANADARKO E&P ONSHORE, LP
USR13-0008
1. A Site Specific Development Plan and a Use by Special Review Permit, USR13-0008, is
for Mineral Resource Development Facilities, including Oil and Gas Support and Service
(water pump station and water supply and storage) and one (1) less than seventy-foot in
height [65 foot] Communications Tower 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. The applicant shall operate in accordance with the approved Waste Handling
Plan at all times.
6. Fugitive dust shall be controlled on this site. The facility shall be operated in accordance
with the approved Dust Abatement Plan, at all times.
7. This facility shall adhere to the maximum permissible noise levels allowed in the
Non -Specified Zone, as delineated in Section 14-9-30 of the Weld County Code.
8. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times. As employees or contractors are on the site for
less than two (2) consecutive hours a day, portable toilets and bottled water are
acceptable. Records of maintenance and proper disposal for portable toilets shall be
retained on a quarterly basis and available for review by the Weld County Department of
Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed
in Weld County and shall contain hand sanitizers.
9. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
10. There shall be no parking or staging of vehicles on County roads.
11. 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,
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the applicant/landowner shall be responsible for controlling the noxious weeds. All
vegetation, other than grasses, needs to be maintained at a maximum height of 12
inches until the area is completely developed.
12. 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 runoff rate and velocity increases,
diversions, concentration and/or unplanned ponding of storm runoff.
13. The applicant shall take into consideration stormwater quality and provide accordingly
for Best Management Practices.
14. Weld County will not maintain on -site drainage related areas. This must be addressed
by the owner.
15. The applicant shall contact the Weld County Public Works Utility Coordinator for a Right -
of -Way Permit for any work that may be required in the County right-of-way. A special
transport permit will be required for any oversized or overweight vehicles that may
access the site during construction.
16. In the event that one (1) or more acres are disturbed during the construction and
development of this site, the applicant shall obtain a Stormwater Discharge Permit from
the Water Quality Control Division of the Colorado Department of Public Health and
Environment (CDPHE).
17. 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, a 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. Evidence of the
Department of Public Works approval shall be submitted, in writing, to the Weld County
Department of Planning Services.
18. This is an unmanned facility with no personnel on the site for periods exceeding two (2)
hours, except in case of emergency.
19. This facility operates 24 hours a day, 365 days per year.
20. 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.
21. Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
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22. 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.
23. A Building Permit Application must be completed and two (2) complete sets of plans,
including Engineered Foundation Plans bearing the wet stamp of a Colorado registered
architect or engineer, must be submitted for review. A Geotechnical Engineering Report
performed by a registered State of Colorado engineer shall be required.
24. Buildings, equipment, and structures shall conform to the requirements of the various
codes adopted at the time of permit application. Currently, the following have been
adopted by Weld County: 2012 International Building Code, 2012 International
Mechanical Code, 2012 International Plumbing Code, 2006 International Energy Code,
2012 International Fuel Gas Code, 2011 National Electrical Code, 2003 ANSI 117.1
Accessibility Code, and Chapter 29 of the Weld County Code.
25. Building height shall be measured in accordance with the 2012 International Building
Code for the purpose of determining the maximum building size and height for various
uses and types of construction and to determine compliance with the Bulk Requirements
from Chapter 23 of the Weld County Code. Building height shall be measured in
accordance with Chapter 23 of the Weld County Code in order to determine compliance
with offset and setback requirements. Offset and setback requirements are measured to
the farthest projection from the building.
26. A letter is required from the Southeast Weld Fire Protection District as to whether a fire
permit will be required.
27. 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.
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
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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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