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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 2013-1261 PL2216 SPECIAL REVIEW PERMIT (USR13-0008) - ANNA ZIMBLEMAN, CIO ANADARKO E&P ONSHORE, LP PAGE 2 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. 2013-1261 PL2216 SPECIAL REVIEW PERMIT (USR13-0008) - ANNA ZIMBLEMAN, CIO ANADARKO E&P ONSHORE, LP PAGE 3 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. 2013-1261 PL2216 SPECIAL REVIEW PERMIT (USR13-0008) - ANNA ZIMBLEMAN, C/O ANADARKO E&P ONSHORE, LP PAGE 4 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 2013-1261 PL2216 SPECIAL REVIEW PERMIT (USR13-0008) - ANNA ZIMBLEMAN, C/O ANADARKO E&P ONSHORE, LP PAGE 5 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. 2013-1261 PL2216 SPECIAL REVIEW PERMIT (USR13-0008) - ANNA ZIMBLEMAN, CIO ANADARKO E&P ONSHORE, LP PAGE 6 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. 2013-1261 PL2216 SPECIAL REVIEW PERMIT (USR13-0008) - ANNA ZIMBLEMAN, CIO ANADARKO E&P ONSHORE, LP PAGE 7 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. 2013-1261 PL2216 SPECIAL REVIEW PERMIT (USR13-0008) - ANNA ZIMBLEMAN, C/O ANADARKO E&P ONSHORE, LP PAGE 8 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 2013-1261 PL2216 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, 2013-1261 PL2216 DEVELOPMENT STANDARDS (USR13-0008) - ANNA ZIMBLEMAN, CIO ANADARKO E&P ONSHORE, LP PAGE 2 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. 2013-1261 PL2216 DEVELOPMENT STANDARDS (USR13-0008) - ANNA ZIMBLEMAN, C/O ANADARKO E&P ONSHORE, LP PAGE 3 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 2013-1261 PL2216 DEVELOPMENT STANDARDS (USR13-0008) - ANNA ZIMBLEMAN, 0/O ANADARKO E&P ONSHORE, LP PAGE 4 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. 2013-1261 PL2216 Hello