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
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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
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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
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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
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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)
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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.
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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).
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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:
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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
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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
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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.
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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.
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