HomeMy WebLinkAbout20111472.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1772 FOR AN OIL AND GAS SUPPORT FACILITY (FIELD OFFICE,
STORAGE YARD, WAREHOUSE, 150-FOOT COMMUNICATION TOWER, SHOP,
POWER GENERATION FACILITY, PROCESSING PLANT, GAS METERING STATION,
TRUCK LOADING FACILITY AND PARKING) IN THE A (AGRICULTURAL) ZONE
DISTRICT- PETERS 313 RANCH, INC., C/O PECAN PIPELINE (RM) 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 June, 2011, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Peters 313 Ranch, Inc., P.O. Box M, Carpenter, Wyoming 82054, c/o
Pecan Pipeline (RM) Inc., 600 17th Street, Suite 1000N, Denver, Colorado 80202, for a Site
Specific Development Plan and Use by Special Review Permit#1772 for an Oil and Gas
Support Facility (field office, storage yard, warehouse, 150-foot communication tower, shop,
power generation facility, processing plant, gas metering station, truck loading facility and
parking) in the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
E1/2 NE1/4 of Section 26, Township 12 North,
Range 63 West of the 6th P.M., Weld County
Colorado
WHEREAS, at said hearing, the applicant was present/represented by Greg Jacobsen,
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.
Section 22-2-20.8.2 (A.Policy 2.2) states, "Allow commercial and
industrial uses, which are directly related to, or dependent upon,
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SPECIAL REVIEW PERMIT #1772 - PETERS 313 RANCH, INC., CIO PECAN PIPELINE
(RM) INC.
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agriculture, to locate within agricultural areas when the impact to
surrounding properties is minimal or mitigated and where adequate
services and infrastructure are currently available or reasonably
obtainable. These commercial and industrial uses should be encouraged
to locate in areas that minimize the removal of agricultural land from
production."
Section 22-2-20.G (A.Goal 7) indicates County land use regulations
should protect the individual property owner's right to request a land use
change. 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."
A.Policy 7.2 states, "Conversion of agricultural land to non-urban
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."
Section 22-2-20.1 (A.Goal 9) states, "Reduce potential conflicts between
varying land uses in the conversion of traditional agricultural lands to
other land uses. The proposed oil and gas support and service facility,
including a processing facility, preserves the property rights of citizens to
own and use their property. The current surface estate owner,
Peter's 313 Ranch, has executed an option to sell an 80-acre tract to
Pecan Pipeline from an existing 470± acre parcel. The remaining
acreage will be preserved for agricultural production and will continue to
provide a natural landscape buffer from surrounding properties.
b. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Commercial and Industrial uses are
supported in the A (Agricultural) Zone District, so long as those uses
conform to the requirements under the Use by Special Review process.
The proposed oil and gas support and service facility is located in the
A (Agricultural) Zone District, which is consistent with other facilities
located throughout Weld County. Commercial and Industrial activities are
already shaping and transforming the landscape in northern Weld County
with the production and exploration from the Niobrara play.
Section 23-3-40.A.2 of the Weld County Code states oil and gas support
and service facilities are allowed as Uses by Special Review.
c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. There is currently a
large number of oil and gas operations, in the vicinity of this project, that
include drilling for oil and natural gas, and a proposed commercial water
facility. The project will look to conserve as much agricultural property, as
possible, and provide natural buffers from adjacent properties. The
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SPECIAL REVIEW PERMIT #1772 - PETERS 313 RANCH, INC., C/O PECAN PIPELINE
(RM) INC.
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majority of the surrounding properties are dryland pasture with the
nearest residence being located one (1) mile south of the proposed
facility on County Road 71. The next nearest residence is the Peter's
homestead, located approximately 1.3 miles to the southwest.
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. There are no communities within the vicinity of this facility
that have an Intergovernmental Agreement (IGA) with the County, or are
located within a three (3) mile area of the site. Oil and gas production
continue to alter the landscape of this region and will continue to do so
well into the future. Weld County can anticipate similar facilities and uses
in this area, and supports this development.
e. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The existing site is located 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 Facilities Fee and Drainage Impact Fee
Programs.
f. Section 23-2-230.6.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. This property is not located in an area described as
"Important Farmlands of National Importance," on the U.S.D.A. Soils Map
of Important Farmlands of Weld County, dated 1979, and the Soil
Conservation District did not object or provide comments. The project will
preserve the remaining balance of a 470-acre tract associated with the
Peters 313 Ranch.
g. Section 23-2-230.6.7 — There are adequate provisions for the protection
of the health, safety, and welfare of the inhabitants of the neighborhood
and County. This facility will be staffed with full-time employees and will
be secured. The facility complies with all federal, state and local laws.
Applicable permits have been obtained.
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SPECIAL REVIEW PERMIT #1772 - PETERS 313 RANCH, INC., CIO PECAN PIPELINE
(RM) INC.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Peters 313 Ranch, Inc., c/o Pecan Pipeline (RM)
Inc., for a Site Specific Development Plan and Use by Special Review Permit #1772 for an Oil
and Gas Support Facility (field office, storage yard, warehouse, 150-foot communication tower,
shop, power generation facility, processing plant, gas metering station, truck loading facility and
parking) 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-1772.
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. Section 23-3-350.H of the Weld County Code addresses the issue of
trash collection areas. Areas used for storage or trash collection shall be
screened from adjacent properties and public rights-of-way. These areas
shall be designed and used in a manner that will prevent trash from being
scattered by wind or animals. In addition, the applicant will screen the lay
down yard with opaque material around the entire perimeter.
E. County Roads 71 and 136.5 are local gravel roads, which require
sixty (60) feet of right-of-way at full buildout. There is presently sixty (60)
feet of right-of-way and these roads are maintained by Weld County.
Pursuant to the definition of setback in Chapter 23 of the Weld County
Code, the required setback is measured from the future right-of-way line.
2. The applicant shall address the requirements and concerns of the Weld County
Department of Building Inspection, as stated in the referral response dated
January 4, 2011. Evidence of such shall be submitted, in writing, to the
Department of Planning Services.
3. An Improvements Agreement, between the applicant and the County, will be
required for this project. It will detail the approved haul route(s), any on-site and
off-site requirements, and a maintenance agreement, including dust control for
the haul routes, and it shall be reviewed and approved by the Departments of
Public Works and Planning Services. The Improvements Agreement shall be
approved by the Board of County Commissioners.
4. A signed and stamped Final Drainage Report, following the checklist available on
the Public Works website, must be reviewed and approved before the Final Plat
is recorded. Please provide full size (24"x36") drawings with the Final Drainage
Report.
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SPECIAL REVIEW PERMIT #1772 - PETERS 313 RANCH, INC., CIO PECAN PIPELINE
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5. Upon completion of Conditions of Approval #1 through #4, listed 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 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.
6. In accordance with Weld County Code Ordinance #2005-7, approved
June 1, 2005, 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.
7. 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.
8. 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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SPECIAL REVIEW PERMIT #1772 - PETERS 313 RANCH, INC., C/O PECAN PIPELINE
(RM) INC.
PAGE 6
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of June, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
� �� �
ATTEST. i E o � L � ;��c.
arbara Kirkmeyer,,Chair /
Weld County Clerk to th �: t '
I.
. ' Sean P. n a , Pro-Tem
BY: .u/� �I.1S��1 , �, � .
D:uty Clerk to the Boar
it . Gar ia -
A GO RM: <, dkik €OL
r' D id E. Long NJ
unty Attorney
ouglas ademach
Date of signature: 4GO/l
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
PETERS 313 RANCH, INC.,
C/O PECAN PIPELINE (RM), INC.
USR#1772
1. A Site Specific Development Plan and Use by Special Review Permit #1772 is for an Oil
and Gas Support and Service Facility (field office, storage yard, warehouse, 150-foot
communication tower, shop, power generation facility, processing plant, gas metering
station, truck loading facility and parking) 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 shall be limited to fifteen (15).
4. The hours of operations shall be twenty-four (24) hours per day, seven (7) days a week.
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. No third party
sale of power is allowed, as specified by the applicant.
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. Any vehicle or equipment washing area(s) shall capture all effluent and prevent
discharges from the washing, in accordance with the Rules and Regulations of the
Water Quality Control Commission, and the Environmental Protection Agency.
10. 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.
11. 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.
12. Adequate drinking, hand washing and toilet facilities shall be provided at all times.
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DEVELOPMENT STANDARDS - PETERS 313 RANCH, INC., C/O PECAN PIPELINE (RM)
INC., ATTN: GREG JACOBSEN (USR#1772)
PAGE 2
13. Sewage disposal for the facility shall be by septic system. Any septic system located on
the property must comply with all provisions of the Weld County Code, pertaining to
Individual Sewage Disposal Systems (I.S.D.S.) Regulations.
14. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
15. In the event the facility's water system serves more than twenty-five (25) persons on a
daily basis, the water system shall comply with the Colorado Primary Drinking Water
Regulations (5 CCR 1003-1) Evidence shall be provided to the Weld County
Department of Public Health and Environment, that the system complies with the
regulations.
16. Floor drain wastes shall be captured in a watertight vault and hauled off for proper
disposal. Records of installation, maintenance, and proper disposal shall be retained.
17. The Spill Prevention, Control and Countermeasure Plan shall be available on the site, at
all times.
18. This application is proposing a well as its source of water. The applicant shall be made
aware that while they may be able to obtain a well permit from the Office of the State
Engineer, Division of Water Resources, the quantity of water available for usage may be
limited to specific uses, (i.e. domestic use only, etcetera). Also, the applicant shall be
made aware that groundwater may not meet all drinking water standards as defined by
the Colorado Department of Public Health and Environment. The applicant is strongly
encouraged to test the drinking water, prior to consumption, and periodically test it over
time.
19. All potentially hazardous chemicals must be 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. All chemicals must be stored secure, on an
impervious surface, and in accordance with manufacturer's recommendations.
20. The applicant shall comply with all provisions of the State Underground and Above
Ground Storage Tank Regulations.
21. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
22. 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.
23. Effective April 25, 2011, building permits issued on the proposed lots will be required to
adhere to the fee structure of the County Facilities Fee and Drainage Impact Fee
Programs.
24. 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
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DEVELOPMENT STANDARDS - PETERS 313 RANCH, INC., C/O PECAN PIPELINE (RM)
INC., ATTN: GREG JACOBSEN (USR #1772)
PAGE 3
properties in accordance with the plan. Neither the direct, nor reflected light from any
light source, shall create a traffic hazard to operators of motor vehicles on public or
private streets. No colored lights will be permitted, which may be confused with, or
construed as, traffic control devices.
25. The screening, on the site, shall be maintained in accordance with the approved
Screening Plan.
26. 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.
27. 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.
28. Weld County is not responsible for the maintenance of drainage related features.
29. The project will disturb over an acre of land; therefore, a Weld County Grading Permit
will be required before construction.
30. The project will disturb over an acre of land; therefore, a State-approved Stormwater
Management Plan will be required. With the submittal of the Final Drainage Report, the
applicant shall provide a copy of the Storm Water Management Plan application, as
submitted to the State. The applicant shall provide a copy of the approved permit, once
it has been obtained. The applicant is required to comply with all Colorado Department
of Health and Environment, Water Quality Control Division, regulations regarding
stormwater quality permitting and protection, and construction stormwater discharges.
31. The applicant shall consider stormwater capture/quantity and provide accordingly for
Best Management Practices.
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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DEVELOPMENT STANDARDS - PETERS 313 RANCH, INC., C/O PECAN PIPELINE (RM)
INC., ATTN: GREG JACOBSEN (USR#1772)
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34. The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Non-compliance with any of the foregoing
Development Standards may be reason for revocation of the Permit by the Board of
County Commissioners.
35. 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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