HomeMy WebLinkAbout20100618.tiff RESOLUTION
RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW
PERMIT #1679 FOR AN OIL AND GAS SUPPORT FACILITY (INSTALL ADDITIONAL
TANKS AND OFFICE TRAILER IN AN EXISTING CLASS II OILFIELD WASTE
DISPOSAL FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT - JLW
INVESTMENT, LLC
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 27th day
of January, 2010, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of JLW Investment, LLC, Attn: Jesse White, 351 Glencoe Street,
Denver, Colorado 80220, for a Site Specific Development Plan and Amended Use by Special
Review Permit #1679 for an Oil and Gas Support Facility (install additional tanks and office
trailer in an existing Class II Oilfield Waste Disposal Facility) in the A (Agricultural) Zone District
on the following described real estate, to-wit:
Lot B of Recorded Exemption #748; located in part
of the NE1/4 of Section 18, Township 6 North,
Range 63 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing on January 27, 2010, the Board deemed it advisable to
continue said matter to March 17, 2010, to allow adequate time for the Planning Commission to
review the matter within a hearing scheduled for March 2, 2010, and
WHEREAS, at said hearing on March 17, 2010, at the request of the applicant, the
Board deemed it advisable to continue the matter to March 31, 2010, and
WHEREAS, at said hearing on March 31, 2010, the applicant was represented by Jesse
White and Dan Hull, Lamp, Rynearson & Associates, Inc., 808 8th Street, Greeley, Colorado
80631, 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:
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AMENDED SPECIAL REVIEW PERMIT#1679- JLW INVESTMENT, LLC
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 22-4-140.B (EP. Goal 2) states, "Mineral resource exploration
and production waste facilities should be planned, located, designed and
operated to encourage compatibility with surrounding land uses in terms
of items such as general use, scale, height, traffic, dust, noise and visual
pollution." Section 22-4-140.B.1 (EP. Policy 2.1) states, "In reviewing the
operational and reclamation plans for solid and brine waste disposal
facilities, the County should impose such Conditions as necessary to
minimize or eliminate the potential adverse impact of the operation on
surrounding properties and wildlife resources." No referral response has
been received from the Colorado Division of Wildlife, and no written or
phone correspondence has been received from any surrounding property
owner(s). The Conditions of Approval and Development Standards will
ensure compatibility with the existing surrounding land uses.
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 an Oil and Gas Support Facility 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 proposed facility
is located approximately 500 to 600 feet from three existing residences
within the platted townsite of Barnsville, and approximately 250 to 300
feet north of an existing residential lot. Unimproved parcels are located to
the north and east of the site, and an agricultural parcel is located to the
south (across State Highway 392). The Conditions of Approval and
Development Standards will ensure compatibility with existing
surrounding land uses. The applicant is proposing to haul predominately
during daylight hours, and the total number of truck trips will be limited to
thirty (30) per day (any further increase in trips will require approval by the
Colorado Department of Transportation [CDOT]) and will be accessing
the site via a State Highway. The Conditions of Approval and
Development Standards will mitigate impacts and ensure compatibility
with existing surrounding land uses.
d. Section 23-2-230.B.4 -- The uses which will be permitted will be
compatible with the 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 does not lie within the three-mile
referral area for any municipality and/or county.
e. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The existing site is not within a
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AMENDED SPECIAL REVIEW PERMIT#1679-JLW INVESTMENT, LLC
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recognized Overlay District, including the 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 January 1, 2003, 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 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.
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. The site is classified as "Irrigated Land - Not Prime," per
the 1979 Soil Conservation Service Important Farmlands of Weld County
Map.
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 JLW Investment, LLC, for a Site Specific
Development Plan and Amended Use by Special Review Permit #1679 for an Oil and Gas
Support Facility (install additional tanks and office trailer in an existing Class II Oilfield Waste
Disposal Facility) 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 AMUSR-1679.
C. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The approved Lighting Plan.
3) The access shall be indicated with pavement for either a minimum
of 300 feet on-site, or for 100 feet, with double cattle guards.
4) The plat shall indicate the site layout (on-site roads and layout) as
it has been built, as well as the additional improvements specified
under this amendment.
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D. The applicant shall address the requirements of the Colorado Department
of Transportation (CDOT) in regards to the access to the site. The
applicant shall provide written evidence to the Department of Planning
Services that the access has been constructed to CDOT standards and
approved by CDOT.
E. The applicant shall enter into an Improvements Agreement According to
Policy Regarding Collateral with the County to ensure that all
improvements are completed per the accepted design. 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. Alternately, the applicant may submit evidence that
all work has been completed and approved by the Departments of Public
Works and Planning Services.
F. The applicant shall address the requirements and concerns of the Weld
County Department of Public Works, as stated in the referral response
dated February 3, 2010. Evidence of such shall be submitted, in writing,
to the Weld County Department of Planning Services.
G. The applicant shall file an amended Air Pollution Emission Notice with the
Colorado Department of Health and Environment (CDPHE), Air Pollution
Control Division.
H. If appropriate, Stormwater Discharge Permit coverage shall be obtained
from the CDPHE, Water Quality Control Division, for construction
activities.
The applicant shall submit evidence to the Weld County Departments of
Public Health and Environment and Planning Services, from the Colorado
Division of Water Resources, demonstrating that the water supply well is
appropriately permitted for the commercial use.
J. A concrete secondary containment structure (floor and walls) surrounding
each tank or battery of tanks shall be constructed. The volume retained
by the structure shall be 150 percent greater than the volume of the
largest tank inside this structure. A Colorado registered professional
engineer shall design the structure. The structure shall prevent any
release from the tank system from reaching land or waters outside of the
containment area. The operator shall provide evidence from the engineer
to the Weld County Department of Public Health and Environment
(WCDPHE) indicating that the structure has been constructed to meet this
criteria.
K. The applicant shall submit evidence to the Departments of Public Health
and Environment and Planning Services and the Colorado Oil and Gas
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AMENDED SPECIAL REVIEW PERMIT#1679-JLW INVESTMENT, LLC
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Conservation Commission (COGCC), that the facility was constructed in
accordance with the application materials.
L. The applicant shall install the approved Individual Sewage Disposal
System (I.S.D.S.) for sewage flow from the proposed office trailer
(SP-0800131).
M. Financial Assurance, posted with the COGCC, shall be adequate to cover
a third-party closure of the facility, including the plugging and
abandonment of the well, in accordance with industry standards, and the
removal of all structures (including concrete) on the facility. The site shall
be returned to its original grade. The facility shall submit evidence, in
writing, to the WCDPHE that the appropriate financial assurance has
been obtained.
N. The applicant shall submit three (3) paper copies of the plat, for
preliminary approval, to the Weld County Department of Planning
Services.
2. Upon completion of Condition of Approval #1 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
ninety (90) days from the date of the Board of County Commissioners
Resolution. The applicant shall be responsible for paying the recording fee.
3. 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.
4. Prior to the Release of Building Permits for any future construction, alterations, or
Change of Occupancy (not including improvements associated with
Condition 1.J):
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 shall conform to the requirements of the various codes adopted
at the time of permit application. Currently, the following codes have
been adopted by the County and are being enforced: 2006 International
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AMENDED SPECIAL REVIEW PERMIT#1679-JLW INVESTMENT, LLC
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Building, Residential, Plumbing, Mechanical, Fuel Gas and Energy
Conservation Codes, and the 2008 National Electrical Code.
C. A plan review shall be approved, and a permit must be issued, prior to the
start of construction.
D. A letter from the Galeton Fire Protection District shall be submitted,
indicating whether or not a permit will be required from the fire protection
district.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 31st day of March, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
* ELa
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ATTEST: "! � � •;� • � \,, � ..�. -. . .. R�
ouglas demacher C it
Weld County Clerk to th. ya ('s0:: w �>
Mrr A ` AIMMr jA
�`�� y �•. , ^� arbara Kirkmeyer, ro-Tem
Deputy Clerk 46 the Board
Sean P. Conw
APPROV RM:
William F. Garcia
o
unty Attorney „i c 4_9
David E. Long
Date of signature: '�'/�4/oW1,0
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SITE SPECIFIC DEVELOPMENT PLAN
AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JLW INVESTMENT, LLC
AMUSR-1679
1. A Site Specific Development Plan and Amended Use by Special Review Permit#1679 is
for an Oil and Gas Support Facility (install additional tanks and office trailer in an existing
Class II Oilfield Waste Disposal Facility) 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. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
4. A manager, knowledgeable in operating an injection well, shall be on the site when the
facility is receiving waste.
5. Any Individual Sewage Disposal System (I.S.D.S.) on the property shall be permitted,
installed, maintained, and operated in compliance with all provisions of the Weld County
Code, pertaining to I.S.D.S. Regulations.
6. Adequate drinking water, hand washing, and toilet facilities shall be provided.
7. No disposal of waste other than Class II, as defined by the Environmental Protection
Agency, is permitted. Any changes from the approved Class II use will require an
amendment to this Amended Use by Special Review permit.
8. Any wastes generated on the facility shall be disposed of in accordance with the
Colorado Solid Waste Act, Section 30-20-100.5, C.R.S., or other appropriate rule,
regulation, or law.
9. The maximum permissible noise level shall not exceed the industrial limit of 70 decibels,
as measured according to Section 25-12-103, C.R.S.
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
11. All chemicals stored on the site must be stored secure, on an impervious surface, and in
accordance with manufacturer's recommendations.
12. The facility shall comply with Colorado Air Quality Control Commission Regulations and
any air permits issued by the Colorado Department of Health and Environment, Air
Pollution Control Division.
13. All liquid wastes received at the facility shall be unloaded on the unloading pad. The
concrete unloading pad shall be cleaned at a frequency which prevents oils and other
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wastes from building up on the pad. During winter months, the facility shall maintain the
unloading pad to be free of ice.
14. Any analysis of waste shall be forwarded to the Weld County Department of Public
Health and Environment, Environmental Health Services Division. The Division reserves
the right to require additional, more extensive monitoring at a later date.
15. The facility must comply with the laws, standards, rules, and regulations of the Air
Quality Control Commission, the Water Quality Control Commission, the Hazardous
Materials and Solid Waste Division, the Colorado Oil and Gas Conservation
Commission, any other applicable agency, and all applicable Weld County Code
provisions.
16. Any liquid or 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 which protects against surface and groundwater contamination.
17. Any contaminated soils on the facility shall be stored on an impervious surface where
any stormwater which comes into contact with the soils would be contained. These
wastes shall be stored, removed, treated, and disposed of in accordance with all
applicable rules and regulations.
18. 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.
19. The facility shall comply with the approved groundwater monitoring plan.
20. All stormwater which has come into contact with waste materials on the site shall be
confined on the site. In the event that stormwater is not adequately controlled on the
site, upon written notification from the Weld County Department of Public Health and
Environment or the Colorado Department of Public Health and Environment, a
comprehensive site-wide stormwater plan shall be developed and implemented. The
plan must be approved, in writing, by the Weld County Department of Public Health and
Environment and the Colorado Department of Public Health and Environment, prior to
implementation.
21. The facility shall operate in compliance with the rules and regulations of the Colorado Oil
and Gas Conservation Commission.
22. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
23. 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.
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24. Pursuant to Chapter 15, Articles I and II, of the Weld County Code, if noxious weeds
exist on the property, or become established as a result of the proposed development,
the applicant/landowner shall be responsible for controlling the noxious weeds.
25. The maximum number of employees employed at the site shall be five (5).
26. The maximum daily number of trucks currently permitted to access the site shall be
thirty (30). Any proposed increase in truck trips above thirty (30) per day will require
written approval from the Colorado Department of Transportation.
27. Buildings 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 Residential Code, 2006 International
Mechanical Code, 2006 International Plumbing Code, 2006 International Fuel Gas and
Energy Code, 2008 National Electrical Code, and Chapter 29 of the Weld County Code.
29. A building permit shall be obtained prior to the construction of equipment, buildings, or
structures.
30. Hauling hours shall be limited from 7:00 a.m., until 10:00 p.m., daily.
31. 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.
32. 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.
33. 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.
34. The Amended Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Amended Use by Special Review
plat is ready to be recorded in the office of the Weld County Clerk and Recorder.
35. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
36. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
37. 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.
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38. The Amended 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.
39. 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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