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Home My WebLink About20123211.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR12-0046, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING OIL AND GAS SUPPORT AND SERVICE (GAS PLANT) IN THE A (AGRICULTURAL) ZONE DISTRICT - NELSON RANCHES, INC., C/O WHITING OIL AND GAS 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 14th day of November, 2012, 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 Oil and Gas Corporation, P.O. Box 847, Mills, Wyoming 82644, for a Site Specific Development Plan and Use by Special Review Permit, USR12-0046, for a Mineral Resource Development Facility, including Oil and Gas Support and Service (gas plant) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Subdivision Exemption, SUBX11-0009; being part of the N1/2 of Section 18, Township 10 North, Range 58 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was represented by Michael Brown, P.O. Box 847, Mills, Wyoming 82644, 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 23-2-230.6 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. 1) 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 Cr, L9 ' Pt; -f-iL/P - P 2012-3211 PL2193 SPECIAL REVIEW PERMIT (USR12-0046) - NELSON RANCHES, INC., C/O WHITING OIL AND GAS CORPORATION PAGE 2 that can support such development, and should attempt to be compatible with the region." 2) 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." 3) Section 22-2-20.1.3 (A.Policy 9.3) states: "Consider mitigation techniques to address incompatibility issues. Encourage techniques and incentives, such as, but not limited to, clustered development and building envelopes, to minimize impacts on surrounding agricultural land." 4) Section 22-2-100.A.2 (OG.Policy 1.2) states: "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." The facility is located on a small leasehold parcel within the Nelson Ranches property, a large landholding that almost entirely surrounds the site. The nearest residences are located approximately 1.5 miles to the west of the site. These residences are located on property owned by Nelson Ranches. Access to the site is from County Road (CR) 118, an all-weather east-west road. The site is in a remote rural area. 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 allows oil and gas support facilities 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. This facility is located in a rural area. The nearest residences are located 1.5 miles to the west of the site. No phone calls or correspondence has been received from surrounding property owners in regards to this case. D. Section 23-2-230.6.4 -- 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. This site is not located within the three-mile referral area of any municipality. E. Section 23-2-230.6.5 -- The application complies with Chapter 23, Article V, of the Weld County Code. This site is not located within the Geologic Hazard Overlay District or the Airport Overlay District. 2012-3211 PL2193 SPECIAL REVIEW PERMIT (USR12-0046) - NELSON RANCHES, INC., CIO WHITING OIL AND GAS CORPORATION PAGE 3 Additionally, the site is not located within a floodplain. Effective April 25, 2011, building permits issued on the property will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. Effective April 25, 2011, 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. 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. This is an existing facility. No additional land will be taken out of production. G. Section 23-2-230.B.7 — 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 Nelson Ranches, Inc., c/o Whiting Oil and Gas Corporation, for a Site Specific Development Plan and Use by Special Review Permit, USR12-0046, for a Mineral Resource Development Facility, including Oil and Gas Support and Service (gas plant) in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted subject to the following conditions: 1. The plat shall be amended to delineate the following: A. All sheets of the plat shall be labeled USR12-0046. B. The attached Development Standards. C. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. D. 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. E. Show the access points on the plat and label them with the Access Permit number(AP12-00047). F. Provide a water quality depression for the site. Show and label the depression on the plat. G. Show and label CR 118. CR 118 is a local gravel road and requires a 60-foot right-of-way at full buildout. There is presently a 60-foot 2012-3211 PL2193 SPECIAL REVIEW PERMIT (USR12-0046) - NELSON RANCHES, INC., C/O WHITING OIL AND GAS CORPORATION PAGE 4 right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Code (Section 23-1-90), the required setback is measured from the future right-of-way line. H. The approved Sign Plan. 2. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application from the Air Pollution Control Division (APCD), Colorado Department of Health and Environment, to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. Alternately, the applicant can provide evidence from the APCD that they are not subject to these requirements. 3. The applicant shall address the following requirements of the Department of Public Works, as stated in the referral dated July 12, 2012: A. An Improvements and Road Maintenance Agreement is required. Access improvements shall include 60-foot radiuses and tracking control, including double cattle guards at the exit of the site. The Improvements Agreement and collateral (if collateral is required) shall be accepted by the Board of County Commissioners prior to recording the plat. 4. The applicant shall address the requirements of the Department of Building Inspection as stated in the referral dated July 30, 2012: A. There are no building permits on file for any of the structures on the site. A building permit will be required for each structure, as well as for the covers over the compressor units. An engineer will need to investigate the foundations and provide a letter for each foundation stating that it meets the current adopted Weld County Codes. B. Electrical permits will also be required. Any existing electrical wiring that has not been permitted will need to be inspected and the proper permits pulled. 5. The applicant shall submit a Sign Plan to the Department of Planning Services for all Facility identification signs, including location and size. 6. Upon completion of Conditions of Approval #1 through #5 above, the applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. 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 applicant shall be responsible for paying the recording fee. 2012-3211 PL2193 SPECIAL REVIEW PERMIT (USR12-0046) - NELSON RANCHES, INC., CIO WHITING OIL AND GAS CORPORATION PAGE 5 7. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall be added for each additional three (3) month period. 8. 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. 9. 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 14th day of November, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ;� sue,. �3 - , ATTEST: • a , , 1.2Pj ira Rs!m©rit�+�s./ Sean PCCay fair Weld County Cle to the Board,I E L° / CC// CD n �! �• '� �,� ��i liarp F. Garcia, Pro-Tern BY: u.1. IR�a.A i` °Y•., . Deputy Cler t i the Boa ' l �1 4 7�,t 1,..b7u-c, ` %uii� �* �-�+ ..r�Kirkme}yerF / `' �I w X `' £ CCC AP E� TO FORM: au� � ri % - David E. ong my Attorney EXCUSED Douglas Rademacher JAN 0 92913 Date of signature: 2012-3211 PL2193 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS NELSON RANCHES, INC., C/O WHITING OIL AND GAS CORPORATION USR12-0046 1. A Site Specific Development Plan and Use by Special Review Permit, USR12-0046, is for a Mineral Resource Development Facility, including Oil and Gas Support and Service (gas plant) 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 site operates twenty-four (24) hours a day, seven (7) days a week, 365 days a year. 4. 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. 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. 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. 10. The operation shall comply with all applicable rules and policies regulated by the Colorado Oil and Gas Conservation Commission. 11. 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. 12. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and patrons of the facility, at all times. Portable toilets and bottled water are allowed for employees or contractors that are on-site for less than two (2) consecutive hours a day. 2012-3211 PL2193 DEVELOPMENT STANDARDS (USR12-0046) - NELSON RANCHES, INC., C/O WHITING OIL AND GAS CORPORATION PAGE 2 13. The applicant shall obtain a Colorado Discharge Permit System (CDPS) Permit from the Colorado Department of Public Health and Environment (CDPHE), Water Quality Control Division, as applicable. 14. The applicant shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations. 15. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 16. 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. 17. There shall be no parking or staging of vehicles on County Road (CR) 118. for the maintenance r in r l f res. 18. Weld County is not responsible of drainage age related features. 19. A building permit will be required for any new construction, alteration, or addition to any buildings and or equipment on the property. All buildings shall be required to have a Code Analysis done on the project by a design professional with experience in this area. A Building Permit Application must be completed and two (2) complete sets of engineered 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 Colorado registered engineer shall be required or an Open Hole Inspection. 20. A building permit shall be obtained prior to the construction of any new structures. Currently, the following have been adopted by Weld County: 2006 International Building Code, 2011 National Electrical Code, 2006 International Mechanical Code, 2006 International Plumbing Code, 2006 International Energy Code, 2006 International Fuel Gas Code, 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. 21. The applicant shall provide a letter of notification from the New Raymer Fire Protection District prior to any new construction. 22. Effective April 25, 2011, building permits issued on the property will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. 23. Effective April 25, 2011, 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. 24. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 2012-3211 PL2193 DEVELOPMENT STANDARDS (USR12-0046) - NELSON RANCHES, INC., CIO WHITING OIL AND GAS CORPORATION PAGE 3 25. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 26. 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 on the adjacent properties, in accordance with the plan. Neither the direct, nor 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. 27. 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. 28. 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. 29. 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. 30. 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. 31. 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. 2012-3211 PL2193 Hello