Loading...
HomeMy WebLinkAbout20100152.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT #1695 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING OIL AND GAS SUPPORT AND SERVICES (WATER SUPPLY AND STORAGE, POTASH MIXING AND STORAGE, AND PRODUCTION PIPE AND EQUIPMENT STORAGE AREA) IN THE A (AGRICULTURAL) ZONE DISTRICT - A &W WATER SERVICE, 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 23rd day of December, 2009, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of A & W Water Service, Inc., 1892 Denver Avenue, Fort Lupton, Colorado 80621, for a Site Specific Development Plan and Use by Special Review Permit#1695 for a Mineral Resource Development Facility, including Oil and Gas Support and Services (water supply and storage, potash mixing and storage, and production pipe and equipment storage area) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Part of the E112 of Section 31, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing on December 23, 2009, the Board deemed it advisable to continue the matter to January 27, 2010, since the Planning Commission hearing was continued from December 1, 2009, to January 5, 2010, and WHEREAS, at said hearing on January 27, 2010, the Board deemed it advisable to continue the matter to March 3, 2010, at the applicant's request, because the proper notice sign was not posted on the property at least ten days prior to the hearing date, and WHEREAS, on March 3, 2010, the applicant was represented by Chrysten Hinze, Lind, Lawrence, and Ottenhoff, LLP, 355 Eastman Park Drive#200, Windsor, Colorado 80550, 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: 2010-0152 00 FF , P4u. rh-, )47°,at ALA-' �, ,20� SPECIAL REVIEW PERMIT#1695 -A &W WATER SERVICE, INC. PAGE 2 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 22-2-60.2.G (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 in an appropriate location due to the proximity and direct access to State Highway 60, the proximity to U.S. Highway 85 (which assists in reducing impacts to the County Road system), and to the residents who utilize the County road system. Conditions of Approval and Development Standards regarding screening are proposed, along with limitations of hauling hours, to mitigate impacts associated with the use and ensure compatibility with the surrounding area. Section 22-5- 100.A (OG.Goal 1) states, "Promote the reasonable and orderly exploration and development of oil and gas mineral resources." This use provides a support function for the development of oil and gas mineral resources. Section 22-2-80.D (I.Goal 4) states, "All new industrial development should pay its own way." A&W Water Service, Inc., and any successors, will be paying for all on-site and off-site improvements associated with this use, as required through the Improvements Agreement. 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 Services 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 an existing abandoned residence and outbuilding in the southeast corner of the site. There are existing oil and gas production facilities (tank batteries, wells, and separators operated by Kerr-McGee) located in the eastern and northern areas of the property. The nearest single-family residences are located approximately 700 feet west of the commercial well operation and water storage component of the operation, and approximately 750 to 900 feet north of the proposed pipe and equipment storage area. Another residence is located approximately one-quarter mile to the northeast of the site (off of County Road 25.5). This site is located approximately one-half mile north of an existing oil and gas storage facility (pipe and production equipment storage) approved through USR-1662 in October, 2008. Traffic from the site will access directly onto State Highway 60, via a road directly west of County Road 38.5 (this road will be used exclusively by the applicant). The applicant is proposing to screen the use with a six-foot opaque fence along the south end of the USR boundary, in conjunction with a berm along State Highway 60. The Conditions of Approval and Development Standards require screening of 2010-0152 PL2035 SPECIAL REVIEW PERMIT#1695 -A &W WATER SERVICE, INC. PAGE 3 the property with an opaque fence or berm, limiting truck hauling hours to predominately daylight hours, and submittal of a Noise Control Plan with proposed mitigation measures to address noise concerns raised by property owners adjacent to the water well and tank storage area. d. Section 23-2-230.B.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning, and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located within the three-mile referral area for the Towns of Gilcrest, Platteville, and Milliken. No referral response has been received from the Town of Gilcrest. The Town of Platteville indicated no conflicts with its interests, as stated in the referral response received March 11, 2009. The Town of Milliken, as stated in the referral response received April 2, 2009, indicated that new developments within the growth areas of existing municipalities should be serviced by municipal/district water and sewer systems whenever possible, and that a requirement for connection to water and sewer at an appropriate time, or when proximate to service lines, should be a Condition of Approval for this application. The applicant proposes to connect to the Central Weld County Water District and provide sewage disposal through an Individual Sewage Disposal System (I.S.D.S.). e. Section 23-2-230.6.5 -- 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 January 1, 2003, 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 August 1, 2005, building permits issued on the proposed lot will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/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 (Irrigated)," per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. Portions of the site consist of recharge ponds associated with augmentation of commercial and industrial wells on the property. g. Section 23-2-230.8.7 -- 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. 2010-0152 PL2035 SPECIAL REVIEW PERMIT#1695 -A &W WATER SERVICE, INC. PAGE 4 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of A & W Water Service, Inc., for a Site Specific Development Plan and Use by Special Review Permit #1695 for a Mineral Resource Development Facility, including Oil and Gas Support and Services (water supply and storage, potash mixing and storage, and production pipe and equipment storage area) 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 in accordance with Section 23-2-260.D of the Weld County Code. B. All sheets of the plat shall be labeled USR-1695. C. The plat shall be amended to delineate the following: 1) The attached Development Standards. 2) The approved Screening Plan. 3) The approved Lighting Plan (if any on-site lighting is proposed). 4) The applicant shall delineate on the plat drawing a schematic of the improvements at the intersection, the left-turn slot, including lane widening, tapers, adequate turning radii, the extension of the pavement, all rights-of-way, easements, and haul route signs located in the appropriate location prior to entering State Highway 60. The following note shall be added to the plat drawing, "Traffic improvements at the intersection of State Highway 60 and the site access shall be designed and installed per CDOT standards. Permit and planning will be coordinated with CDOT for this construction." Also, as a part of this Condition, a Final Drainage Plan and Report for the site shall be approved by the Department of Public Works. 5) The dimensions of the parking area shall be indicated on the plat (minimum 90-degree parking space dimensions are 9 feet by 19 feet) and the handicapped parking spaces shall meet the Americans with Disabilities Act (ADA) requirements. 6) The equipment storage and the general location of truck parking shall be identified on the plat drawing. The future pipe and equipment storage area shall be moved on the plat to the same location as on the drainage plat. 2010-0152 PL2035 SPECIAL REVIEW PERMIT#1695 -A &W WATER SERVICE, INC. PAGE 5 7) The secondary containment structure(s) surrounding each tank battery used for slurry storage or mixing shall be indicated on the plat. 8) Traffic circulation (to and from the equipment storage area) shall be indicated on the plat. D. A Fugitive Particulate Emissions Control Plan (Dust Control Plan) shall be submitted to, and approved by, the Weld County Department of Public Health and Environment. Written evidence of such shall be provided to the Department of Planning Services. E. The applicant shall submit a Waste Handling Plan, for approval, to the Weld County Department of Public Health and Environment. Evidence of Department of Public Health and Environment approval shall be submitted to the Department of Planning Services. 1) A list of wastes which are expected to be generated on the site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on the site. 3) The waste handler and facility where the waste will be disposed of (including the facility name, address, and phone number). F. 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. G. Building permit applications shall be submitted for the existing water storage tanks currently located on the property. Evidence that the required permits have been applied for shall be submitted to the Department of Planning Services. H. A secondary containment structure surrounding each tank or battery of tanks, used for slurry storage or mixing, shall be constructed. The volume retained by the structure shall be 110 percent greater than the volume of the largest tank inside this structure. The structure shall prevent any release from the tank system from reaching land or waters outside of the containment area, prior to cleanup. The following shall not apply to tanks raised on skids, risers or other means, allowing the bottom of the tanks to be viewed for inspection: For tanks stored in direct contact with the ground, a concrete secondary containment structure (floors and walls) shall be constructed. The structure shall be designed by a 2010-0152 PL2035 SPECIAL REVIEW PERMIT#1695 -A &W WATER SERVICE, INC. PAGE 6 Colorado registered professional engineer. The Department will consider structures, other than those constructed of concrete, so long as a Colorado registered professional engineer provides a certification indicating that the proposed structure meets, or exceeds, the expected functionality of a concrete structure in regard to containment, spills, unintended releases, etcetera. Evidence of approval of the design by the Department of Public Health and Environment, and evidence that appropriate building permits have been applied for the containment facility, shall be provided to the Department of Planning Services. If the applicant intends to use the septic system serving the existing residence, the system shall be reviewed by a Colorado registered professional engineer. The review shall consist of observation of the system and a technical review describing the system's ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed, the system shall be brought into compliance with current Weld County I.S.D.S. regulations. Written evidence of Department of Public Health and Environment approval shall be provided to the Department of Planning Services. In lieu of the foregoing, a written statement submitted to the Department of Public Health and Environment, stating that the applicant will not be putting the existing septic system into use but will, instead, be installing a new system to be permitted by the Department, will satisfy this Condition. J. The applicant shall address the requirements and concerns of the Weld County Department of Public Works, as stated in the referral response dated December 9, 2009, except as is otherwise set forth in the Conditions of Approval and Development Standards of this Resolution, and except as follows: 1) that the reference to 300 feet of paving shall be limited to paving of the east 100 feet of the site access road with a double cattle guard, and installing the Stop sign and haul route sign in the appropriate locations, approved by the Department of Public Works, prior to recording the plat; 2) the spillway as presently proposed, with rip-rap and erosion protection, is acceptable if located on property owned by A and W Water Service, Inc., and not within the existing right-of-way for State Highway 60; 3) existing USGS topographical data is acceptable to show the topography for 200 feet outside the USR boundary; and 4) otherwise approved by the Department of Public Works. Evidence shall be submitted, in writing, to the Weld County Department of Planning Services. K. The applicant shall enter into an Improvements Agreement According to Policy Regarding Collateral for Improvements and collateral shall be posted for the work to be completed. The agreement and form of collateral shall be submitted to, and reviewed by, the Departments of 2010-0152 PL2035 SPECIAL REVIEW PERMIT#1695 -A &W WATER SERVICE, INC. PAGE 7 Planning Services and Public Works and accepted by the Board of County Commissioners prior to recording the Use by Special Review plat. L. The applicant shall submit a Screening Plan to the Department of Planning Services, for review and approval. M. Screening, west and north of the water supply and storage area, as delineated on the Screening Plan, shall be accomplished prior to recording the plat. Temporary opaque screening may be utilized if the applicant proposed to install a berm with cover vegetation which cannot be installed until the spring season. Evidence that screening has been installed shall be provided to the Department of Planning Services, for review and approval prior to recording the plat. N. A Lighting Plan (if any on-site lighting is proposed), including cut sheets of the intended lights, shall be provided to the Department of Planning Services, for review and approval. The Lighting Plan shall adhere to the lighting requirements for off-street parking spaces, per Section 23-4-30.E of the Weld County Code, and shall adhere to the lighting requirements in accordance with Sections 23-3-360.F and 23-2-250.D of the Weld County Code. Further, the approved Lighting Plan shall be indicated on the plat. O. The applicant shall attempt to address the requirements of the Platteville/Gilcrest Fire Protection District, as stated in the referral response received April 2, 2009. Written evidence of such shall be provided to the Department of Planning Services. P. The applicant shall address the requirements of the Farmers Independent Ditch Company, as outlined in the letter from Bernard Lyons Gaddis and Kahn, dated October 28, 2009. Written evidence of such shall be provided to the Department of Planning Services. Q. The Colorado Department of Transportation (CDOT) has jurisdiction over the accesses onto State Highways. The applicant shall address the requirements of CDOT, as stated in the referrals received December 2, December 9, and December 28, 2009, including CDOT's requirements concerning the secondary access on the north side of the USR, which is limited to emergency and oil and gas uses. Written evidence of such shall be provided to the Department of Planning Services. R. The applicant shall submit a Noise Control Plan, for review and approval, to the Environmental Health Services Division of the Weld County Department of Public Health and Environment and to the Department of Planning Services. Evidence of Health Department approval shall be provided to the Department of Planning Services. S. The applicant shall either submit a copy of an agreement with the property's mineral owner/operators stipulating that the oil and gas 2010-0152 PL2035 SPECIAL REVIEW PERMIT#1695-A &W WATER SERVICE, INC. PAGE 8 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 one hundred eighty (180) 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. Setback and offset distances shall be determined by the appropriate codes in effect at the time of submittal of building permit application. Currently, setbacks are determined by the 2006 International Building Code (Offset and setback distances are measured from the farthest projection from the structure). C. A plan review shall be approved, and a permit must be issued, prior to the start of construction. D. A letter is required from the Platteville/Gilcrest Fire Protection District, as to whether a fire permit will be required. 2010-0152 PL2035 SPECIAL REVIEW PERMIT#1695-A &W WATER SERVICE, INC. PAGE 9 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of March, A.D., 2010. BOARD OF COUNTY COMMISSIONERS E 1, %WELD COUNTY, COLORADO ATTEST:"3 i % . - ,e •�Lij] gl.s Rade acher, Chair •Weld County Clerk to the B . fl? )' 21,',..../../. „.A.— , . 4,4:arbaraKi ye�em / Cl �, De. ty Cler t. the Board Sean P. or L---) AP ED AS2O M: l` / : Wi niGt-unty Attorney Q cv/ 1„.-\) David E. Long Date of signature: 316)10 2010-0152 PL2035 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS A &W WATER SERVICE, INC. USR-1695 1. Site Specific Development Plan and Use by Special Review Permit #1695 is for a Mineral Resource Development Facility, including Oil and Gas Support and Services (water supply and storage, potash mixing and storage, and production pipe and equipment storage area) in the A (Agricultural) Zone District, and is 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 as follows: most hauling will occur between the hours of 6:00 a.m., and 8:00 p.m., Monday through Sunday. Oil field demands may require hauling outside of daylight hours, between the hours of 8:00 p.m., and 6:00 a.m., Monday through Sunday. The applicant shall make all reasonable attempts to mitigate any adverse effects caused by hauling operations outside of daylight hours. 4. The maximum number of employees employed at the site shall be fifteen (15). 5. Trucks from the project site accessing U.S. Highway 85 must use State Highway 60 south, or County Roads 40, 42, or 44, or other paved roads east, as direct access to U.S. Highway 85 from the site. Trucks shall not use County Roads 38 or 38.5, east of Highway 60, to access U.S. Highway 85. 6. The applicant shall be required to obtain any overweight or overwidth permits, as needed, from the Weld County Department of Public Works and/or the Colorado Department of Transportation (CDOT). 7. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does not occur. 8. Slurry unloading/truck loading operations shall be conducted, so as to prevent any release from the tank system from reaching land or waters outside of the containment area or portable containment devices prior to clean up. Spill prevention measures shall be employed when making connections and during loading/unloading operations. Portable containment, such as drip pans, shall be available for use. 9. The fresh water storage and loading system shall be operated in a manner to minimize spills. Fresh water spills shall be captured in aboveground containment areas and allowed to infiltrate. There shall be no discharge from this process to surface waters or to the facility stormwater management system in accordance with the Rules and Regulations of the Colorado Water Quality Control Commission and the Environmental Protection Agency. 2010-0152 PL2035 DEVELOPMENT STANDARDS -A &W WATER SERVICE, INC. (USR-1695) PAGE 2 10. 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 which protects against surface and groundwater contamination. 11. Fugitive dust shall be controlled on this site. The facility shall comply with the approved Fugitive Dust Control Plan. 12. 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. 13. Adequate hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. Portable toilets may be utilized on the site for up to six (6) months, or until the office building, pipe storage yard, or potash facilities are utilized (whichever occurs first). The applicant may utilize portable toilets for an additional twelve (12) month period (beyond the initial 6 month period) if permission is granted by the Board of County Commissioners. After these periods have elapsed, an Individual Sewage Disposal System shall be required. 14. Upon implementation of the pipe and storage yard, the potash mixing facility, or the office, whichever first occurs, a permanent adequate water supply shall be provided for drinking and sanitary purposes. 15. Waste materials shall be handled, stored, and disposed of in a manner which 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. 16. All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. 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 screening on the site shall be maintained in accordance with the approved 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. 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 January 1, 2003, building permits issued on the lot will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. 21. Effective August 1, 2005, building permits issued on the proposed lots will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/drainage Impact Fee Programs. 2010-0152 PL2035 DEVELOPMENT STANDARDS -A &W WATER SERVICE, INC. (USR-1695) PAGE 3 22. With the exception of the existing commercial well operation, 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. 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. Weld County Government personnel 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 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. 28. Weld County shall not be responsible for the maintenance of on-site drainage related structures. 2010-0152 PL2035 Hello