HomeMy WebLinkAbout20093263.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1709 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY (CRUDE OIL
TRUCK UNLOADING FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT -
SUNCOR ENERGY (USA) PIPELINE COMPANY
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 4th day of
November, 2009, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Suncor Energy (USA) Pipeline Company, Attn: Terrence Larson,
1715 Fleischli Parkway, Cheyenne, Wyoming 82001, for a Site Specific Development Plan and
Use by Special Review Permit #1709 for a Mineral Resource Development Facility, including an
Oil and Gas Support and Service Facility (crude oil truck unloading facility) in the A (Agricultural)
Zone District, on the following described real estate, being more particularly described as
follows:
Lot A of Amended Recorded Exemption #2918;
being part of the NW1/4 of Section 20, Township 2
North, Range 66 West of the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing on November 4, 2009, the Board deemed it advisable to
continue the matter to December 16, 2009, at the applicant's request, to allow adequate time for
the applicant to address concerns presented by surrounding property owners and the
Department of Public Works, and
WHEREAS, at said hearing on December 16, 2009, the applicant was represented by
Julie Cozad, Tetra Tech, Inc., 1900 South Sunset Street, Suite 1-F, Longmont, Colorado 80501,
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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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 22-5-100.A (OG.Goal 1) states, "Promote the reasonable and
orderly exploration and development of oil and gas mineral resources."
Section 22-5-100 2. (OG.Policy 1.2) states, "Oil and gas support facilities
which do not rely on geology for locations should locate in commercial
and industrial areas, when possible, and should be subject to review in
accordance with the appropriate sections of this Code." This proposed
facility is in an appropriate location due to the close proximity to existing
oil and gas and industrial uses, as well as its proximity to
U.S. Highway 85.
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 and Oil and Gas Support and Service Facility as a Use
by Special Review in the A (Agricultural) Zone District.
c. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The site is located to
the east of three existing commercial/industrial/oil and gas Use by Special
Review (USR) permits. SUP -359 (for a pump station facility) is located
approximately 1,000 feet to the west of the site; USR-1459 (vehicle sales
and detailing), and USR-1227 (manufacturing facility), along with the
Union Pacific Railroad, are located approximately 1,500 to 1,800 feet to
the west of the site. An existing single-family residence is located
approximately 500 feet to the west of the proposed site (across County
Road 20). The proposed main access to the facility will be located
approximately 850 feet from the access to this single-family residence.
Agricultural land is located immediately to the north, south, and east of
the site. The attached Conditions of Approval and Development
Standards (Screening and Lighting Plans, etcetera) will help to ensure
that the proposed use is compatible with the surrounding area.
d. Section 23-2-230.6.4 -- 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 existing site lies within the
three-mile referral area for the City of Fort Lupton. No referral response
has been received from the City of Fort Lupton.
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
recognized overlay district, including the Geologic Hazard, Flood Hazard
or Airport Overlay Districts. 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,
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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 proposed site is designated as "prime," per the 1979
Soil Conservation Service Important Farmlands of Weld County Map.
The USR site will encompass only 12.3 acres of an existing 34.5 -acre
parcel.
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 Suncor Energy (USA) Pipeline Company, for a
Site Specific Development Plan and Use by Special Review Permit #1709 for a Mineral
Resource Development Facility, including an Oil and Gas Support and Service Facility (crude oil
truck unloading 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 USR-1709.
C. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The approved Screening Plan.
3) County Road 20 is designated on the Weld County Road
Classification Plan as a local gravel road, which requires 60 feet of
right-of-way at full buildout. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way. Existing
and/or future right-of-way shall be identified.
4) The addition of a note, to state, "U.S. Highway 85 Access Control
Plan WCR 20 (MP 245.19). An existing public road access is on
the east side of U.S. Highway 85. This access currently functions
as a full movement, unsignalized intersection. Left turn/right turn
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improved acceleration/deceleration lanes (medium priority) may
be required. The applicant shall verify with CDOT."
5) Identification of lighting locations.
6) The addition of a note to state, "Weld County is not responsible for
maintenance of on -site drainage related structures."
D. The applicant shall submit an updated 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, at
a minimum, the following:
1) A list of the 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).
E. By and through the Improvements Agreement, required in Condition of
Approval #1.F, below, the applicant and the County shall come to a
mutual agreement regarding the proportionate responsibility of the
applicant, as to the requirements and concerns of the Weld County
Department of Public Works, as stated in the referral response dated
August 13, 2009. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
F. The applicant shall enter into an Improvements Agreement (On -site and
Off -site) According to Policy Regarding Collateral for Improvements.
Collateral will be posted for both the on -site and off -site improvements to
be completed. The agreement and form of collateral shall be submitted
to, and reviewed by, the Departments of Planning Services and Public
Works, and accepted by the Board of County Commissioners.
G. The applicant shall submit a Screening Plan to the Department of
Planning Services, for review and approval. The Plan shall address
screening of the facility from the nearest residence located to the north of
the site.
The applicant shall either submit a copy of an agreement with the
property's mineral owner/operators, stipulating that the oil and gas
activities have been adequately incorporated into the design of the site,
or, show evidence that an adequate attempt has been made to mitigate
the concerns of the mineral owner/operators. Drill envelopes may be
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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 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 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
professional engineer shall be required.
B. Setback and offset distances shall be 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 Fort Lupton Fire Protection District as to
whether a fire permit will be required.
E. A Lighting Plan, 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 Sections 23-4-30.E, 23-3-360.F, and
23-2-250.D of the Weld County Code.
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F. The applicant shall submit written evidence from the Colorado Division of
Water Resources, demonstrating that the site has a water supply
appropriately permitted for the proposed use. The applicant shall do one
of the following:
1) In the event the applicant proposes to share the existing well on
the adjacent property, the applicant shall submit a document
providing for shared well operation and maintenance by both
parcels of land. The declaration shall be recorded and the
recordation number indicated on the plat. A joint access
easement agreement for the shared well shall be indicated on the
plat. The applicant shall also provide an agreement with the
Platteville Ditch Company, authorizing the waterline for the shared
well to pass under the ditch.
OR
2) The applicant shall submit written evidence from the Colorado
Division of Water Resources, demonstrating that an individual well
is available, on this parcel, for the industrial use.
One month prior to construction activities:
A. The applicant shall submit evidence of a Colorado Discharge Permit
System (CDPS) permit from the Colorado Department of Public Health
and Environment (CDPHE), Water Quality Control Division, to cover
stormwater discharges from construction sites (5 CCR-1002-61).
Alternately, the applicant may provide evidence from the CDPHE that
they are not subject to the CDPS requirements.
B. All required Air Emissions Permits must be filed with the Air Pollution
Control Division of the Colorado Department of Public Health and
Environment. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
7. Prior to operation of the facility:
A. A Stop sign will be required to be installed at all points of ingress and
egress before traffic will enter onto County Road 20.
8. Prior to the issuance of the Certificate of Occupancy for the office building:
A. An Individual Sewage Disposal System (I.S.D.S.) is required for the
proposed office facility and shall be installed according to the Weld
County I.S.D.S. Regulations. The septic system is required to be
designed by a Colorado registered professional engineer according to the
Weld County I.S.D.S. Regulations.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of December, A.D., 2009.
ATTEST:
Weld County Clerk to the Bo
BY:
Depu
APPROVED
ORM:
C
County Attorney
Date of signature: I I I3 IIC
BOARD OF COUNTY COMMISSIONERS
ELD creY, COLORADO
m F. Garc Chair
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Sean P. Conway
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David E. Long 1
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SUNCOR ENERGY (USA) PIPELINE COMPANY
USR-1709
1. Site Specific Development Plan and Use by Special Review Permit #1709 is for a
Mineral Resource Development Facility, including an Oil and Gas Support and Service
Facility (crude oil truck unloading 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 hours of operation will be 24 hours per day, 7 days per week.
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 which protects against surface and groundwater contamination.
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.
6. 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.
7. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
8. 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.
9. Any vehicle washing area shall capture all effluent and prevent discharges from drum
washing and the washing of vehicles in accordance with the Rules and Regulations of
the Water Quality Control Commission and the Environmental Protection Agency.
10. 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.
11. 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 is constructed (whichever occurs first). The applicant
may utilize portable toilets for an additional twelve (12) month period (beyond the initial
six (6) month period) if permission is granted by the Board of County Commissioners.
After these periods have elapsed, an Individual Sewage Disposal System (I.S.D.S.) shall
be required.
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12. In the event the applicant intends to utilize the existing septic system at the adjacent site
for employee and driver use, the septic 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 I.S.D.S. Regulations.
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
I.S.D.S. Regulations.
14. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
15. This application proposes a well as its source of water. The applicant shall be made
aware that while it may be possible 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 over time.
16. 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.
17. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
18. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
19. No parking or staging of commercial vehicles shall be allowed on County roads.
20. The maximum number of employees employed at the site shall be fifteen (15).
21. The applicant agrees to excavate, repair, or patch any damage on County Road 20
which has been created by heavy truck hauling from the USR site. The type and method
of repair will be determined by the Public Works Director/County Engineer, or his
representative. The repairs shall commence within thirty (30) days of receipt of written
notice, in accordance with the approved Improvements Agreement.
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22. There will be an annual Spring road inspection to determine actual conditions and what
work is to be performed that Summer, if any repairs are needed in accordance with the
approved Improvements Agreement.
23. At any time in the future, if road damage has increased beyond the point that repair of
the damage may reasonably restore the road, the applicant shall pay a proportional
share for the reconstruction of those parts of County Road 20, in accordance with the
approved Improvements Agreement.
24. The landscaping/screening on the site shall be maintained in accordance with the
approved Landscape/Screening Plan.
25. Sources of light, including light from high -temperature processes such as combustion or
welding, 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.
26. 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.
27. Effective August 1, 2005, building permits issued on the lot will be required to adhere to
the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage
Impact Fee Programs.
28. 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.
29. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
30. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
31. 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.
32. 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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33. 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.
34. Weld County shall not be responsible for the maintenance of on -site drainage related
structures.
35. The applicant shall contact the Utilities Coordinator, at (970) 304-6496, Ext. 3764, to
obtain necessary right-of-way and access permits from the Department of Public Works,
prior to the start of construction activities within the Weld County right-of-way.
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