HomeMy WebLinkAbout20112286.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1787 FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY (WATER
SUPPLY AND STORAGE) IN THE A (AGRICULTURAL) ZONE DISTRICT -
DIETZLER WATER RESOURCES 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 24th day
of August, 2011, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Dietzler Water Resources Corporation, 4970 Varsity Drive, Lisle,
Illinois 60532, for a Site Specific Development Plan and Use by Special Review Permit#1787
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:
N1/2 NW1/4 of Section 13, Township 10 North,
Range 61 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Mickey
Leyba-Farnsworth, 1499 West 120th Avenue, Suite 200, Denver, Colorado 80234, 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.Goal 3) states, "County land use regulations
recognize and respect the rights afforded by the State Constitution
and associated statutes of individually decreed water rights.
Water rights are considered real property and should be protected
as any other private property right." The State Engineer's Office,
Division of Water Resources, has permitted four (4) wells for
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SPECIAL REVIEW PERMIT#1787 - DIETZLER WATER RESOURCES CORPORATION
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industrial and commercial use, via truck hauling on a tract of land
3,840 acres in area.
2) Section 22-2-20.C.3 (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
ground water from four (4) wells [74874-F, 74876-F, 74877-F, and
74878-F] that are permitted through the Colorado Division of
Water Resources for irrigation, industrial and commercial use,
livestock, fish rearing, recreation, and pond filling on the 3,840
acres of overlying land, as described, and additionally in all of
Weld County for industrial and commercial use via truck hauling.
3) 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."
4) 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
within a fifty (50) mile radius by supplying water for their oil and
gas drilling operations. Additionally, the facility may also provide
water for irrigation and industrial uses.
5) 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 four (4) miles southeast of the Town of Grover and
is bordered by County Roads 118 and 95 to the north and west,
respectively. The facility will be located on an 80-acre parcel
which is part of a 3,840-acre land holding. Groundwater allocated
from the previously described wells will be pumped to the Load
Out facility through a centrally located water transmission pipeline.
6) Section 22-2-80.D (I.Goal 4) of the Weld County Code states, "All
new industrial development should pay its own way." Dietzler
Water Resources Corporation and its successors will be paying
for all on-site and off-site improvements associated with this use,
as required through the Improvements Agreement.
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7) 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 Groundwater 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.
8) Section 22-4-30.A.1 (WA.Policy 1.1) states, "Acknowledge a water
right as real property that is held by the individual or entity that has
developed or maintained the water decree." The State Engineer's
Office, Division of Water Resources, has permitted four (4) wells
for industrial and commercial use, via truck hauling on a tract of
land 3,840 acres in area.
9) Section 22-4-30.A (WA.Goal 2) states, "Strive to maintain and
protect water supply storage facilities, conveyances, and
infrastructure adequate to sustain continued water use." The
allocation of groundwater and installing a central Groundwater
Load Out facility is an appropriate use in an agricultural area. In
fact, the proposed use would ultimately reduce the impacts of oil
and gas operations in the area because utilizing local groundwater
for production would generate less noise, dust, traffic, and waste.
10) Section 22-6-20.C.1 (ECON.Policy 3.1) states, "County activities
and regulation should protect the rights of private property owners
and the public health, safety, and welfare, recognizing that these
basic rights and protections allow the free market to prosper and
grow the local economy."
b. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.A.2 of the Weld County
Code provides for Oil and Gas Support and Service 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
in a rural agricultural area on a parcel containing no improvements.
Adjacent properties are utilized for grazing of cattle and similar ranching
operations. Oil and gas facilities are existing encumbrances on this
parcel and adjacent properties. There are no 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
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provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within the three-mile referral area for
the Town of Grover; the Town in its referral dated June 10, 2011, stated
"The Town of Grover is gravely concerned about this project and its close
proximity to the Town of Grover. First and foremost we are concerned
about the huge amount of water that will be coming out of the facility and
the effect that will have on the water table in the area. We are also
immensely concerned about the huge amount of truck traffic it will bring to
an area that is already being over-run with this type of traffic. Weld
County Road 390 is already in a state of deterioration and we cannot
imagine what 300 trucks per day, going in and out of this site, will do to
this road, not to mention adding to the dust problem that is already out of
control. Lastly, we would like it noted that we will not allow any truck
traffic through Grover on our main street (Chatoga Avenue); all trucks
should follow the designated truck route using road 122/Wilson Avenue
on the north side of Grover." The maximum projected number of
groundwater delivery loads to be hauled from this facility will be 320 loads
of water per day, utilizing approximately 40 tanker trucks to fill and deliver
eight (8) loads of water per day. This Use by Special Review will be
subject to a designated haul route and any intersection improvements,
such as adequate turning radiuses, dust control, if needed, on-site
improvements, or upgrades necessary to accommodate this type of use.
The Department of Public Works has identified the haul route for this
facility. All trucks will travel north for two miles on County Road 95 to
County Road 122, traveling three miles west to the paved portion of
County Road 122. The four wells on the 3,840-acre tract of land are
permitted for industrial use, per the Colorado Division of Water Resources
referral dated June 15, 2011. The 80-acre tract of land is part of the
3,840 acre tract of land owned by the applicant.
e. Section 23-2-230.8.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The existing site is not within the
recognized Geologic Hazard, Flood Hazard, or Airport Overlay Districts.
The existing site is within the County-Wide Road Impact Fee Area and
the Capital Expansion Impact Fee area. Effective April 25, 2011, building
permits issued on the proposed lots 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 lots, will be
required to adhere to the fee structure of the County Facility Fee and
Drainage Impact Fee.
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," per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. The entire site is presently in
rangeland and employed with ranching activities. Well permit#56473-F is
also located on this parcel and is approved for the withdrawal from the
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alluvium for watering of livestock. Well permit #56473-F is not part of the
water source for the proposed water supply and storage component.
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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Dietzler Water Resources Corporation, for a Site
Specific Development Plan and Use by Special Review Permit #1787 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 USR-1787.
C. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) Add note: "Weld County shall not be responsible for maintenance
of on-site drainage related structures."
3) The improvements at the intersection of the access drive and
County Road 95, including the Stop sign, the tapers, adequate
turning radii of sixty (60) feet minimum, all rights-of-way,
easements, and the haul route sign located in the appropriate
location prior to entering onto County Road 95, and any other red
line items associated with either drainage or traffic, as stated in
the referral from the Department of Public Works, dated July 1,
2011.
4) Dimensions of parking area (minimum 30-degree parking space
dimensions are 9 feet by 94 feet.
5) Identify the location and layout of the water storage components.
6) The access will have a 60-foot radius to accommodate the larger
trucks entering and exiting the site.
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D. The applicant shall address the requirements/concerns of the Weld
County Department of Public Works, as stated in the referral response
dated July 1, 2011. This includes transportation related items, e.g.,
installing the Stop sign and haul route sign in the appropriate location, as
approved by the Department of Public Works, and site drainage related
items.
E. The applicant shall enter into an Improvements Agreement According to
Policy Regarding Collateral for Improvements. Collateral will be posted
for work to be completed. The agreement and form of collateral shall be
submitted to, and reviewed by, the Departments of Planning Services and
Public Works and accepted by the Board of County Commissioners prior
to recording the Use by Special Review plat.
F. The applicant shall attempt to address the requirements of the Town of
Grover, as stated in the referral received June 10, 2011. Written
evidence of such shall be provided to the Department of Planning
Services.
G. If applicable, the applicant shall obtain Stormwater Discharge Permit
coverage from the Colorado Department of Public Health and
Environment, Water Quality Control Division, for construction activities.
Written evidence of such shall be provided to the Departments of
Planning Services and Public Health and Environment.
H. 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.
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.
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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; 2008
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.
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. The applicant or the applicant's representative shall, at a minimum,
submit drawings and specifications for the diesel storage tank.
G. A plan review shall be approved and a permit must be issued prior to the
start of construction.
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H. A letter is required from the Pawnee Fire Protection District as to whether
a fire permit will be required.
A letter is required from the electric service provider indicating that
adequate electrical service is available to the site.
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 (BMPs) to be utilized, and a Construction Stormwater Permit
from the Colorado Department of Public Health and Environment. The
permit must be stamped by a registered professional engineer licensed in
the State of 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 24th day of August, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO ORADO
ATTEST � �w tintRi c-.
arbara Kirkmeyer, Chair
Weld County Clerk to the BJA IE La P. e"."
Sean P. Con =y, Pro-Tem
: .,
BY: ►. . ,�1 � �15 _
Deputy C e k to the B.a d
.• F. Errci
1 1 d
APPRO D AS TO F
David E. Long
you y torney EXCUSED
Douglas Rademacher
Date of signature: 10 3- I I
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DIETZLER WATER RESOURCES CORPORATION
USR#1787
1. A Site Specific Development Plan and Use by Special Review Permit #1787 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. The haul route for this facility from the primary entrance is to travel two (2) miles north on
County Road 95 to County Road 122, traveling three (3) miles west to the paved portion
of County Road 122. Additional routes or modifications to the haul route will be
determined within the Improvements Agreement.
5. 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.
6. 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.
7. If road damage is beyond repair, the applicant will pay its proportional share for the
reconstruction to restore the road.
8. Roadway Improvements may be triggered due to heavy truck traffic associated with the
facility:
a. Full Depth Magnesium Chloride will be required when the traffic volumes reach
200 vehicles per day (vpd).
b. CTB (Concrete Treated Base) with a Chip Seal or Recycled Asphalt Pavement
(RAP) is required when the traffic volumes reach 300 vpd.
c. Pavement is required when the traffic volumes reach 500 vpd.
9. Turn lanes will be triggered once traffic volumes meet the following warrants:
a. 25 vehicles per day (vpd) turning right into the facility during a peak hour.
b. 10 vph turning left into the facility during a peak hour.
c. 50 vph turning right out of the facility during a peak hour.
10. No parking or staging of commercial vehicles on the County road is allowed. The
applicant shall use the on-site parking area.
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(USR#1787)
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11. Weld County shall not be responsible for the maintenance of on-site drainage related
structures.
12. 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.
13. No permanent disposal of wastes shall be permitted at this site. Any liquid or solid
wastes shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. 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.
14. Fugitive dust shall be controlled on this site. The facility shall comply with the approved
Fugitive Dust Control Plan.
15. 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.
16. Portable toilets shall be provided for employees and patrons of the facility, at all times.
17. This facility shall comply with the laws, standards, rules, and regulations of the Water
Quality Control Commission, Air Quality Control Commission, Hazardous Materials and
Solid Waste Division, and any other applicable agency.
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 lots 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 lots will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee.
22. 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.
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23. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
24. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
25. 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.
26. 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.
27. 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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