HomeMy WebLinkAbout20112748.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1789 FOR OIL AND GAS STORAGE FACILITIES (LNG LIQUEFACTION
AND STORAGE) AND OIL AND GAS SUPPORT AND SERVICE (FUELING STATION,
MINI-LIQUEFACTION FACILITY, STAGING) IN THE A (AGRICULTURAL) ZONE
DISTRICT- CANNON LAND COMPANY, C/O ENCANA NATURAL GAS, 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 5th day of
October, 2011, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Cannon Land Company, 3575 Cherry Creek North Drive, Denver,
Colorado 80209, c/o Encana Natural Gas, Inc., 370 17th Street, Suite 1700, Denver, Colorado
80202, for a Site Specific Development Plan and Use by Special Review Permit#1789 for Oil
and Gas Storage Facilities (LNG liquefaction and storage) and Oil and Gas Support and Service
(fueling station, mini-liquefaction facility, staging) in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
Subdivision Exemption #1206; being part of the
S1/2 SW1/4 of Section 11, Township 2 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the Board deemed it advisable to continue the matter to
October 19, 2011, to allow adequate time for the matter to be considered by the Planning
Commission in a hearing which was continued to October 4, 2011, and
WHEREAS, at said hearing on October 19, 2011, the applicant was represented by
Cathi Boles, 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.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect.
CC. . CA1, Pt , 41„ A pp .,l y- PL2130
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SPECIAL REVIEW PERMIT #1789 - CANNON LAND COMPANY, C/O ENCANA NATURAL
GAS, INC.
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Section 22-2-10.B states the intent of the Agricultural Goals is, ". . .to
support all forms of the agricultural industry and, at the same time, to
protect the rights of the private property owners to convert their
agricultural lands to other appropriate land uses." Cannon Land
Company has leased a portion of its land to Encana Natural Gas, Inc., for
industrial uses, e.g. LNG fueling station and depot. Cannon Land has
leased other portions of property to similar uses, e.g. Fort Lupton Gas
Plant. The area, in general, is industrial with similar uses to the west and
south. Agricultural Policy 8.1 states, "Demonstrate adequate sanitary
sewage and water systems are available for the intensity of the
development." Encana's proposed project will be phased; Phase one and
two do not require any permanent facilities but they will be required for
Phase three, and the same goes for water.
b. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
Sec 23-2-240 Design standards
1) Adequate water service. Drinking water will be provided prior to
Phase III, by either a well permitted through the Colorado Division
of Water Resources, or via a cistern approved by the Weld County
Board of Public Health.
2) Adequate sewer service. An Individual Sewage Disposal System
(I.S.D.S.) will be required prior to Phase III. The Use of portable
toilets and bottled water is acceptable until Phase III.
3) Structure construction mitigated soil conditions. Geotechnical
investigations were conducted prior to construction.
4) Adequate fire protection. The Fort Lupton Fire Protection District
serves this property.
5) Parking and vehicle storage. Parking is on-site and there will be
no vehicle storage for greater than 24 hours.
6) Agricultural zone setback and offset requirements. The proposed
facility will meet all minimum setback requirements.
7) Access. The proposed access is off of County Road 22, Access
Permit Number AP11-00372.
8) Access to public rights-of-way. Public access to County Road 22
has been approved by the County.
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9) Buffering from adjacent properties. The majority of surrounding
property in the vicinity of this facility is zoned Agricultural with
industrial uses. The nearest residences are .55 miles to the east,
.88 miles to the south, and 1.1 miles to the west.
10) Uses by Special Review in the A (Agricultural) Zone District shall
be located on the least prime soils on the property. The property
was removed from productive farm land sometime ago.
Sec 23-2-250 Operation standards
1) Comply with noise standards, Section 25-12-101. The applicant
will comply with the Industrial noise standards.
2) Comply with lighting standards. Exterior lighting is limited to
security and all lighting will be directed downward and not out or
up.
c. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The Fort Lupton Gas
Plant (3rdAmUSR-1002) is located adjacent to the proposed facility to the
west. USR-1291 and AmUSR-1353 for Oil and Gas Support and Service
Facilities are located adjacent to the proposed facility to the south and
southwest. USR 1317 for Repair and Maintenance of Vehicles is located
approximately one (1) mile to the west.
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. This property is not located in a municipal referral area or
in an area with an adopted Master Plan of an affected municipality. This
property is zoned A (Agricultural), as are all the properties surrounding
this property. Future development of the area will predominately remain in
agricultural production and retain rural uses.
e. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. 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 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
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SPECIAL REVIEW PERMIT #1789 - CANNON LAND COMPANY, C/O ENCANA NATURAL
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proposed use. The property has been removed from any productive farm
lands.
g. Section 23-2-230.B.7 — The owner of the property has made adequate
provisions for the protection of the health, safety, and welfare of the
inhabitants of the neighborhood and County. The applicant has complied
with all federal, state, and local regulations as they apply to the uses on
the property.
h. Section 22-4-50.A (AIR.Goal 1) states, "Maintain National Air Quality
Standards and, where applicable, improve air quality in the County."
Section 22-4-50.A.3 (AIR.Policy 1.3) states, "The County encourages the
use and development of alternative fuels, alternatively fueled vehicles,
and modes of transportation that reduce pollutants." Section 22-4-50.A.4
(AIR.Policy 1.4) states, "The County encourages innovative and creative
approaches to alternative energy sources." Section 22-5-160.A
(UR.Goal 1) states, "Support and encourage the use of the natural and
other resources available in the County by the residents of the County."
Section 22-5-160.A.1 (UR.Policy 1.1) states, "Support the development of
power-generating facilities in the County that benefit the residents of the
County and employ the resources extracted, developed or available in the
County."
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Cannon Land Company, c/o Encana Natural
Gas, Inc., fora Site Specific Development Plan and Use by Special Review Permit#1789 for Oil
and Gas Storage Facilities (LNG Liquefaction and Storage) and Oil and Gas Support and
Service (fueling station, mini-liquefaction facility, staging) in the A (Agricultural) Zone District, on
the parcel of land described above be, and hereby is, granted subject to the following
conditions:
1. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR-1789.
B. The attached Development Standards.
C. The plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code.
D. The approved access labeled with the approved access permit number.
E. Tracking control is required to prevent the tracking of mud and debris on
to the County roadway. The applicant shall show and label double cattle
guards (2 cattle guards placed back to back to allow for a full rotation of
truck tires) with 50 feet of recycled asphalt (or equivalent) at the access.
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F. The applicant shall place the entry gate far enough back from the
roadway to allow a truck with trailer to completely pull off of the County
roadway before stopping to open the gate.
G. The access must have a minimum of 60-foot radiuses to accommodate
large trucks turning in and out of the site.
H. The applicant shall provide calculations for the Water Quality Areas and
label them as "Water Quality — No Build/Storage Area" on the plat.
2. The project will disturb over one (1) acre of land, therefore, the applicant shall
provide a copy of the Stormwater Management Plan application, as submitted to
the State, and provide a copy of the approved permit once it has been obtained.
The applicant is required to comply with all Colorado Department of Public Health
and Environment, Water Quality Control Division, regulations regarding
stormwater quality permitting and protection, and construction stormwater
discharges.
3. The project will disturb over one (1) acre of land, therefore, a Weld County
Grading Permit is required before construction.
4. The applicant shall enter into a Private Improvements and Road Maintenance
Agreement According to Policy Regarding Collateral for Improvements and post
adequate collateral for all transportation (access drive, parking areas, etcetera)
and non-transportation (fencing, screening, drainage, etcetera). The agreement
and form of collateral shall be reviewed by County staff and accepted by the
Board of County Commissioners prior to recording the USR plat. The applicant
may submit evidence that all the work has been completed and reviewed by the
Departments of Planning Services and Public Works.
5. The applicant shall submit evidence of an Air Pollution Emission Notice
(A.P.E.N.) and Emissions Permit Application from the Air Pollution Control
Division (APCD) of the Colorado Department of Public Health and Environment,
if applicable. Alternately, the applicant may provide evidence from the APCD that
they are not subject to these requirements.
6. The applicant shall submit a revised 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 the following: the waste handler
and facility where the waste will be disposed, including the facility name,
address, and phone number.
7. Upon completion of Conditions of Approval #1 through #6 above, the applicant
shall submit three (3) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. Upon approval of the paper
copies, 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
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SPECIAL REVIEW PERMIT #1789 - CANNON LAND COMPANY, C/O ENCANA NATURAL
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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.
8. In accordance with Weld County Code Ordinance #2006-7, approved June 1,
2006, should the plat not be recorded within the required sixty (60) days from the
date of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge shall be added for each additional three (3) month period.
9. 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.
10. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of October, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:--. ..„.e.,,,,___7"-, "4--- �-,...------_,/,/,, - , 12cu�f
tiara Kirkmeyer Chair
Weld County Clerk to the Board G.D C--
_ Sean P. C way, Pro-Tem ! �
BY: �J01'Lt. l�•�� •ice .
Deputy to Prk to the Boar r 't�\ I , I. 4 -�
R „h. F. Garcia
7 t 1861 1 L "1 . pl
APPR9VED S FORM: ` t s A\
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Date of signature: //-S'//
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CANNON LAND COMPANY,
CIO ENCANA NATURAL GAS, INC.
USR#1789
1. A Site Specific Development Plan and Use by Special Review Permit #1789 is for Oil
and Gas Storage Facilities (LNG liquefaction and storage) and Oil and Gas Support and
Service (fueling station, mini-liquefaction facility, and staging) in the A (Agricultural) Zone
District.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The number of on-site employees, as listed and described in the application prepared by
the applicant, are as follows: During Phase I and II, the facility will be unmanned with an
operator checking it once daily; Phase III will have three (3) employees on the site during
daylight hours.
4. The hours of operations, as listed and described in the application, shall be from sunrise
to sunset. From time to time, the hours of operation may be extended. The owner
agrees to provide written notice of the request to extend the hours within twenty-four (24)
hours to the Department of Planning Services.
5. 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.
6. 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.
7. 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.
8. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
9. The applicant shall comply with all provisions of the Underground and Above Ground
Storage Tank Regulations (7 CCR 1101-14), as applicable.
10. The facility shall be operated in a manner to prevent odors. Odors detected off the site
shall not equal, or exceed, the level of fifteen-to-one dilution threshold, as measured
pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations. Additional
controls shall be implemented, at the request of the Weld County Department of Public
Health and Environment, in the event odor levels detected off the site of the facility meet,
or exceed, the level of fifteen-to-one dilution threshold, or in the judgment of the Weld
County Health Officer, there exists an odor condition requiring abatement.
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DEVELOPMENT STANDARDS - CANNON LAND COMPANY, C/O ENCANA NATURAL GAS,
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11. 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.
12. This facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone District, as delineated in Section 14-9-30 of the Weld County Code or
with all applicable State noise statutes and/or regulations.
13. The operation shall comply with all applicable oil and gas regulations of the Colorado Oil
and Gas Conservation Commission.
14. Adequate drinking, hand washing, and toilet facilities shall be provided for employees
and patrons of the facility, at all times. Portable toilets and bottled water would be
provided for Phases I and II.
15. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems. A septic system shall
be installed when Phase III is completed.
16. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V
Injection Well Permit from the Environmental Protection Agency (EPA) for any
large-capacity septic system (a septic system with the capacity to serve 20, or more,
persons per day).
17. A permanent, adequate water supply shall be provided when Phase III is completed.
18. In the event an individual well is utilized and is serving more than 25 persons on a daily
basis, the water system shall comply with the Colorado Primary Drinking Water
Regulations (5 CCR 1003-1). Evidence of such shall be provided to the Weld County
Department of Public Health and Environment.
19. All potentially hazardous chemicals must be stored and handled in a safe manner, in
accordance with product labeling and in a manner that minimizes the release of
hazardous air pollutants and volatile organic compounds.
20. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
21. 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.
22. 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
Programs.
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DEVELOPMENT STANDARDS - CANNON LAND COMPANY, C/O ENCANA NATURAL GAS,
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23. Should 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, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
24. 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.
25. An increase of delivery truck traffic over the maximum of 40 roundtrips per day will
trigger additional review and possibly additional improvements.
26. The applicant must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices.
27. Weld County is not responsible for the maintenance of on-site drainage related features.
28. 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.
29. The Use by Special Review area shall be limited to the plans shown hereon and
governed by the foregoing standards and all applicable Weld County regulations.
Substantial changes from the plans or Development Standards, as shown or stated,
shall require the approval of an amendment of the Permit by the Weld County Board of
County Commissioners before such changes from the plans or Development Standards
are permitted. Any other changes shall be filed in the office of the Department of
Planning Services.
30. The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Noncompliance with any of the foregoing
Development Standards may be reason for revocation of the Permit by the Board of
County Commissioners.
31. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the plat.
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