HomeMy WebLinkAbout20120428.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR11-0026, FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY
(WATER SUPPLY AND STORAGE) IN THE A (AGRICULTURAL) ZONE DISTRICT -
NOBLE ENERGY, INC.
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 15th day
of February, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Noble Energy, Inc., 1625 Broadway, Suite 2200, Denver, Colorado
80202, for a Site Specific Development Plan and Use by Special Review Permit, USR11-0026,
for 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:
Lot B of Recorded Exemption #5113; being part of
the W1/2 NW1/4, and part of the E1/2 NW1/4 of
Section 26, Township 6 North, Range 64 West of
the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present/represented by Vince Harris,
Baseline Corporation, 700 12th Street, Suite 220, Golden, Colorado 80401, 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 23-2-230.8.1 -- 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
public water from the North Weld County Water District 1.5-inch
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water tap that will be upsized to a four (4) inch tap. The holding
pond will be approximately four acres in size and will hold an
estimated thirty (30) 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
groundwater load out facility will support oil and gas companies in
the Denver-Julesburg Basin by supplying water for their oil and
gas drilling operations.
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 east of the Townsite of Gill and is
bordered by County Road 66 and County Road 57 to the south
and east, respectively. The facility will be located on an 85-acre
parcel. Treated water will be released into a holding pond that will
be pumped to the fill station/load out facility located on the site.
5) Section 22-2-80.D (I.Goal 4) states, "All new industrial
development should pay its own way." Noble Energy, Inc., and its
successors will be paying for all 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 fill station/load out facility will
provide a valuable and indispensable service to oil and gas
companies. The centralized location for load out 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."
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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 Oil and Gas Support and Service Facilities as a Use by
Special Review in the A (Agricultural) Zone District.
c. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The facility is located
in a rural agricultural area on a parcel containing no improvements.
Adjacent properties are utilized for crop production, primarily corn and for
confined feeding operations, including a Dairy. Oil and gas facilities are
existing encumbrances on this parcel and adjacent properties. There are
a few residences in the immediate area. 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 not located within the three-mile referral area
for a municipality.
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. Effective April 25, 2011, building permits
issued on the proposed lot 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 proposed lot 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" and "Irrigated Land (Not Prime)", per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map. The entire site has
historically been in crop production. The applicant has indicated that the
approximate six (6) acre site will be removed from agricultural production,
with the remaining lands leased as agricultural production fields.
g. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the 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.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Noble Energy, Inc., for a Site Specific
Development Plan and Use by Special Review Permit, USR11-0026, for 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 USR11-0026.
C. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) County Road 57 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) County Road 66 is a Section Line road, with 60 feet of
right-of-way; thirty (30) feet on either side of the Section Line. 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.
4) The facility has proposed two accesses for the site; an entrance
and an exit. Appropriate signage is required for these accesses.
Large radiuses (65 feet) are required at the accesses to allow for
large trucks turning into the site. The applicant shall show the
approved accesses on the plat and label them with the Access
Permit number (will be provided).
5) Show and label the truck staging area and address questions as
to how many trucks may be staged to fill at any one time.
6) A vehicle tracking pad will be required for this site to prevent
tracking of mud and debris onto the County roadway. The
Department of Public Works standard tracking pad detail consists
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of a double cattle guard at the exit of the site. The vehicle tracking
pad option shall be delineated.
7) The applicant shall show and label enough staging areas for
trucks waiting to be filled. No staging can take place on the
County roadway.
8) Identify the location of the office and MCC building.
9) The approved Lighting Plan.
D. The applicant shall address the requirements/concerns of the Weld
County Department of Public Works, as stated in the referral responses
dated December 13, 2011, and January 9, 2012. This includes off-site
improvements, on-site improvements, transportation related items, and
haul route signs and routes as approved by the Department of Public
Works.
E. An Improvements and Road Maintenance Agreement, including upgrade
and maintenance of the haul route, is required. Any haul route
improvements, along with possible improvements required at State
Highway 392, will be determined after the revised Traffic Study has been
received and reviewed.
F. The applicant shall obtain a Colorado Department of Transportation
(CDOT) Access Permit. A copy of the approved CDOT Access Permit
shall be provided to the County.
G. The applicant shall obtain a Stormwater Discharge Permit from the Water
Quality Control Division of the Colorado Department of Public Health and
Environment.
H. The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department
of Public Health and Environment. The plan shall include, at a minimum,
the waste handler and facility where trash and garbage will be disposed
(including the facility name, address, and phone number).
The applicant shall either submit a copy of an agreement with the
property's mineral owner/operators stipulating that the oil and gas
activities have been adequately incorporated into the design of the site,
or, show evidence that an adequate attempt has been made to mitigate
the concerns of the mineral owner/operators. Drill envelopes may be
delineated on the plat in accordance with the State requirements as an
attempt to mitigate concerns. The plat shall be amended to include any
possible future drilling sites.
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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 sixty (60) days from the date of the Board of County Commissioners
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.
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 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 require permits before the beginning of construction or
the proposed change of use.
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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 Platte Valley Fire Protection District as to
whether a fire permit will be required.
6. One month prior to the start of construction:
A. The applicant shall submit a Grading Permit showing proposed grading,
erosion control placement, typical details for all Best Management
Practices to be utilized, and a Construction Stormwater permit from the
Colorado Department of Public Health and Environment. The permit
must be stamped by a Colorado registered professional engineer. 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 approval by the Department of
Public Works 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 15th day of February, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
c
Sean P. Conway, Chair
Weld County Clerk to the Board # "v s r 1
�w" l- ii, % _ Ate 77 _
�4i iam F. arcia, Pro-Tem
BY: � � F
•
Deputy C k to the Boar {l w{ ` �;CUSED
�qpp �-
ara Kirk eyer
, Prr
`
APPRO D AS TOf ' _se c�
David E. Long
torney a \
Douglas ademac 'r
Date of signature: 3 -01 - /).
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
NOBLE ENERGY, INC.
USR11-0026
1. A Site Specific Development Plan and Use by Special Review Permit, USR11-0026, is
for an Oil and Gas Support and Service Facility (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. Hauling hours (truck trips to and from the facility) shall be 24 hours a day, seven days a
week.
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, fugitive particulate emissions, 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
Commercial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
10. Adequate drinking, hand washing, and toilet facilities shall be provided for employees
and contractors of the facility, at all times. Bottled water, portable toilets, and hand
washing units are acceptable. Records of maintenance shall be retained and made
available upon request.
11. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
12. There shall be no parking or staging of vehicles on County roads.
13. Pursuant to Chapter 15, Articles I and II, of the Weld County Code, if noxious weeds
exist on the property, or become established as a result of the proposed development,
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the applicant/landowner shall be responsible for controlling the noxious weeds. All
vegetation, other than grasses, needs to be maintained at a maximum height of twelve
(12) inches until the area is completely developed.
14. 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.
15. An annual road inspection will be performed in the spring to establish the condition of the
haul route and surrounding roadways to determine if any road damage was caused by
the operation of the loading facility.
16. The applicant will be responsible to excavate, repair, or patch any damage on the
roadways to mitigate for heavy truck traffic volumes created by the loading facility. The
type and method of repair will be determined by the Department Public Works.
17. If road damage is beyond repair, the applicant will pay its proportional share for the
reconstruction to restore the road.
18. The landscaping/screening on the site shall be maintained in accordance with the
approved Landscape/Screening Plan.
19. 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; and neither direct nor reflected light from any light source may create a traffic
hazard to operators of motor vehicles on public or private streets and no colored lights
may be used which may be confused with, or construed as, traffic control devices.
20. Effective April 25, 2011, building permits issued on the proposed lot will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
21. Effective April 25, 2011, building permits issued on the proposed lot will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee
Programs.
22. 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 Colorado registered engineer, shall be required.
23. 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.
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24. 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.
25. 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.
26. 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.
27. A plan review shall be approved, and a permit must be issued, prior to the start of
construction.
28. A letter is required from the Platte Valley Fire Protection District as to whether a fire
permit will be required.
29. 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.
30. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
31. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
32. 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.
33. 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.
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34. 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.
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