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HomeMy WebLinkAbout20123283.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR12-0051, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY (WATER SUPPLY AND STORAGE), IN THE A (AGRICULTURAL) ZONE DISTRICT - ANADARKO E & P COMPANY, 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 28th 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 Anadarko E & P Company, LP, 1099 18th Street, Suite 1800, Denver, Colorado 80202, for a Site Specific Development Plan and Use by Special Review Permit, USR12-0051, for a Mineral Resource Development Facility, including an Oil and Gas Support and Service Facility (water supply and storage), in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Part of the E1/2 of Section 23, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was represented by Nathan Keiser, 1099 19th Street, Room 12011, 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 23-2-230.6 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 use changes are considered." The proposed facility will utilize excess water leased in five-year increments, from the City of CC:, � L�l L� � 2012-3283 CC 0A , p (''I ( I PL1183 SPECIAL REVIEW PERMIT (USR12-0051) -ANADARKO E & P COMPANY, LP PAGE 2 Aurora, Prairie Waters Project Operations. The lease is temporary and would utilize the excess water supply that allows the City of Aurora to efficiently manage the water system while realizing the value for excess water. The lease is for 1,500 acre-feet of fully consumable water, most typically reusable effluent, with water delivery evenly distributed through the water year, either in the main stem of the South Platte River or through temporary use of water to be stored in Aurora's storage facilities. Additionally, 1,200 acre-feet of water has been leased from Front Range Resources (Renew Resources). Delivery of the water will be via two 20-inch lines feeding the pond, buried at a minimum depth of four (4) feet outside the County Road right-of-way in an easement obtained from the adjacent landowners. The existing water tap will be a 1.5-inch water tap that will be upsized to a four (4) inch tap. The holding pond will be approximately 5.5 acres in size and will hold an estimated sixty (60) acre feet of water. 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 22-2-20.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." The proposed facility is located approximately one (1) mile north and one (1) mile southwest of the City of Fort Lupton and is bordered by County Road (CR) 20 to the north, CR 18 to the south and 1.5 miles east of CR 31. The facility will be located on a 320-acre parcel, formerly utilized as the Warren Turkey Farm. The reclaimed site will utilize treated water released from the holding pond, pumped via pipeline to individual oil and gas operation areas for use. 5) Section 22-2-80.D (I.Goal 4) states: "All new industrial development should pay its own way." Anadarko Petroleum Corporation, its affiliates and successors, will be paying for all 2012-3283 PL1183 SPECIAL REVIEW PERMIT (USR12-0051) -ANADARKO E & P COMPANY, LP PAGE 3 on-site and off-site improvements associated with this use, as required through the Improvements Agreement. 6) 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. 7) 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 23-2-230.6.2 -- 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 (water supply and storage), 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 320-acre tract of land that was most recently utilized for the Warren Farms 75,000 turkey facility. The Aristocrat Ranchettes residential subdivision is located approximately one-half mile to the southwest, with all other lands in dryland agriculture and grazing lands. There are numerous existing oil and gas facilities and an equal number of new well sites with associated encumbrances proposed per the Colorado Oil and Gas Conservation Commission electronic data file. In the immediate area, there are three (3) residential structures within 500 feet of the property line, with higher density development within one-half mile (Aristocrat Ranchettes). The 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 City of Fort Lupton, which did not return a referral response. 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 2012-3283 PL1183 SPECIAL REVIEW PERMIT (USR12-0051) -ANADARKO E & P COMPANY, LP PAGE 4 recognized overlay district, including the Geologic Hazard, Flood Hazard or Airport Overlay District. The existing site is within the County-Wide Road Impact Fee Program Area and the Capital Expansion Impact Fee area. 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. The proposed facility is located on soils designated as "Prime if they become Irrigated" and "Other" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The entire site has historically been a turkey farm, originally permitted in 1977, and recently vacated by the Board of County Commissioner's Resolution. The applicant has indicated that the approximately six (6) 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 Anadarko E & P Company, LP, for a Site Specific Development Plan and Use by Special Review Permit, USR12-0051, for a Mineral Resource Development Facility, including an Oil and Gas Support and Service Facility (water supply and storage), 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 USR12-0051. C. The plat shall be amended to delineate the following: 1) The attached Development Standards. 2) CR 20 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 2012-3283 PL1183 SPECIAL REVIEW PERMIT (USR12-0051) -ANADARKO E & P COMPANY, LP PAGE 5 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) CR 18 is designated on the Weld County Road Classification Plan as a local paved 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. 4) The facility has proposed one access for the site, which shall be shown and labeled on the plat with the Access Permit number (will be provided). 5) The 30-foot wide facility access road from CR 20 shall be graded and drained to provide all-weather access (with a minimum width of 20 feet for emergency responders). 6) A vehicle tracking control pad, consisting of a minimum of 50 feet in length, 20 feet in width, 3/4-inch rock, 6-inches in depth (Field Access to Gravel County Road), will be required to prevent tracking of material from the site, in the way of mud or debris, onto Weld County roads. The standard tracking pad detail consists of back-to-back cattle guards. This site specific feature shall be delineated on the plat drawing across all traffic lanes. 7) All approved accesses shall be clearly shown on the plat. The applicant shall contact the Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15-inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger culvert, it must contact the Department of Public Works to adequately size the culvert. 8) The applicant shall identify the 50-foot pipeline easement from CR 20 into the proposed facility. The pipeline easement shall be referenced on the plat by the Weld County Clerk and Recorder's reception number. 9) The applicant shall screen the topography associated with the site at 50 percent. 10) The approved Lighting Plan. 11) The applicant shall identify the Public Service of Colorado Electric Transmission Line owner(s) and the respective easement(s) 2012-3283 PL1183 SPECIAL REVIEW PERMIT (USR12-0051) -ANADARKO E & P COMPANY, LP PAGE 6 associated with the overhead Transmission Line(s). The electric utility service provider easement shall be referenced on the plat by the Weld County Clerk and Recorder's reception number. 12) Oil and Gas encumbrances, including gathering lines with appropriate setbacks. 13) 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. D. The applicant shall address the requirements (concerns) of the Division of Water Resources, as stated in the referral response dated September 24, 2012. E. The applicant shall obtain a Stormwater Discharge Permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment. F. The applicant shall submit a Landscape Plan to address the temporary topsoil stockpile area, delineating the method used to control erosion via wind and weather elements. G. 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. 2. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. 3. Upon completion of Conditions of Approval #1 and #2 above, the applicant shall submit a Mylar plat, along with all other documentation required as Conditions of Approval. 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 Commissioner's Resolution. The applicant shall be responsible for paying the recording fee. 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. 2012-3283 PL1183 SPECIAL REVIEW PERMIT (USR12-0051) -ANADARKO E & P COMPANY, LP PAGE 7 5. Prior to the Release of Building Permits: A. 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 Colorado registered 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: 2006 International Building Code, 2006 International Mechanical Code, 2006 International Plumbing Code, 2006 International Energy Code, 2006 International Fuel Gas Code, 2011 National Electrical Code, 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. C. Building height shall be measured in accordance with the 2006 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 are required for buildings, structures and change of use for buildings, which requires permits before the beginning of construction or the proposed change of use. E. A building permit will 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 plan review shall be approved and a permit must be issued prior to the start of construction. G. A letter is required from the Fort Lupton Fire Protection District as to whether a fire permit will be required or the burning/demolition of the turkey sheds. 6. One month prior to the start of 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 Stormwater Discharge Permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment (CDPHE). 2012-3283 PL1183 SPECIAL REVIEW PERMIT (USR12-0051) -ANADARKO E & P COMPANY, LP PAGE 8 B. If more that 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 the following: Erosion and Sediment Control Plan, Grading Plan, installation details for 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. The Erosion and Sediment Control Plan set must be wet stamped, signed, and dated by a registered professional engineer licensed in Colorado. Please note that the grading permit will not be released until the applicant has signed the Improvements Agreement, posted collateral, and submitted the USR plat for recording. Evidence of Department of Public Works approval shall be submitted, in writing, to the Weld County Department of Planning Services. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of November, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: tWay. bOtitul4:41\444.0 - ^ Sean P. Con Chair Weld County Clerk to the Board Wil/a BY: m . Garcia, ro'Tem IE �.� v. lt��ftL � Deputy Clerk t he rd4 , % EXCUSED 11861tep, Barbara Kirkmeyer L APP: : ED EXCUSED si David E. Lon ounty Attorney ".t ugl Rademac er JAN 0 9 2013 Date of signature: 2012-3283 PL1183 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS ANADARKO E & P COMPANY, LP USR12-0051 1. The Site Specific Development Plan and Use by Special Review Permit, USR12-0051, is for a Mineral Resource Development Facility, including an Oil and Gas Support and Service (water supply and storage), 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 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. 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. The fresh water storage and loading system shall be operated in a manner to minimize spills. Fresh water spills should be captured in above-ground containment areas for reuse or allowed to infiltrate. There shall be no discharge from this process to surface waters or to the facility's stormwater management system, in accordance with the Rules and Regulations of the Colorado Water Quality Control Commission, and the Environmental Protection Agency. 9. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado Department of Public Health and Environment, Water Quality Control Division. 10. Adequate hand washing and toilet facilities shall be provided for employees and patrons of the facility. As employees or contractors are on site for less than two (2) consecutive hours a day, portable toilets 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 2012-3283 PL1183 DEVELOPMENT STANDARDS (USR12-0051) -ANADARKO E&P COMPANY, LP PAGE 2 toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. 11. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 12. Adequate toilet facilities (portable toilets) and hand washing units shall be provided during the construction of the facility. 13. Bottled water shall be utilized for drinking during construction of the project. 14. There shall be no parking or staging of vehicles on county roads. 15. 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. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. 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. The applicant must take into consideration stormwater capture/quantity and provide accordingly for Best Management Practices. 18. Weld County will not maintain on-site drainage related areas or medians. 19. This is an unmanned facility with no personnel on-site for periods exceeding two (2) hours, except in case of emergency. 20. This facility operates 24 hours per day, 365 days per year. 21. 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. 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. 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. 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 2012-3283 PL1183 DEVELOPMENT STANDARDS (USR12-0051) -ANADARKO E&P COMPANY, LP PAGE 3 architect or engineer, must be submitted for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be required. 25. 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: 2006 International Building Code, 2006 International Mechanical Code, 2006 International Plumbing Code, 2006 International Energy Code, 2006 International Fuel Gas Code, 2011 National Electrical Code, 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. 26. Building height shall be measured in accordance with the 2006 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. 27. Building permits are required for buildings, structures and change of use for buildings which required permits before the beginning of construction or the proposed change of use. 28. A building permit will 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. 29. A plan review shall be approved and a permit must be issued prior to the start of construction. 30. A letter is required from the Fort Lupton Fire Protection District as to whether a fire permit will be required or the burning/demolition of the turkey sheds. 31. 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. 32. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 33. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 34. 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. 2012-3283 PL1183 DEVELOPMENT STANDARDS (USR12-0051) -ANADARKO E&P COMPANY, LP PAGE 4 35. 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. 36. 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. 37. 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. 2012-3283 PL1183 Hello