HomeMy WebLinkAbout20082595.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1662 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING
AN OIL AND GAS SUPPORT SERVICE (STORAGE OF PIPE (TUBULARS) AND
PRODUCTION EQUIPMENT)IN THE A(AGRICULTURAL)ZONE DISTRICT-WESTERN
EQUIPMENT AND TRUCK, INC., C/O NOBLE ENERGY, 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 1st day of
October, 2008, at the hour of 10:00 a.m., in the Chambers of the Board,for the purpose of hearing
the application of Western Equipment and Truck, Inc.,2055 1st Avenue, Greeley, Colorado 80631,
do Noble Energy, Inc., 1625 Broadway, Suite 2000, Denver, Colorado 80004, for a Site Specific
Development Plan and Use by Special Review Permit#1662 for a Mineral Resource Development
Facility, including an Oil and Gas Support and Service (storage of pipe (tubulars) and production
equipment) in the A(Agricultural)Zone District on the following described real estate, being more
particularly described as follows:
Lot C of Amended Recorded Exemption #4066;
being part of the SE1/4 of Section 31, Township 4
North, Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Curt Moore, Noble Energy, Inc., and
Jennifer Henninger, Baseline Corporation, 1536 Cole Boulevard, Suite 220, Golden, Colorado
80401, at said hearing, 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 23-2-230.6.1 --The proposed use is consistent with Chapter 22 and
any other applicable Code provisions or ordinance in effect.
Section 22-2-150.D(I.Goal 4)states,"All new industrial development should
pay its own way." Noble Energy will be paying for all associated
improvements associated with this facility; no public funds will be utilized in
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any on or off-site improvement. Section 22-2-150.E (I.Goal 5) states, "An
application for industrial development within,or adjoining,an unincorporated
community should be reviewed in accordance with the unincorporated
community and industrial goals and policies; an application for industrial
development within an area designated for agricultural use and located
outside of an area designated as an urban growth boundary area should be
reviewed in accordance with the agricultural and industrial goals and
policies." The proposed facility is sited outside of the corporate city limits for
the Town of Gilcrest, yet adjacent to the Intergovernmental Agreement
boundary as defined by Weld County Code Ordinance #2005-2.
Section 22-2-60.D (A.Goal 4) states, "Conversion of agricultural land to
nonurban residential,commercial,and industrial uses will be accommodated
when the subject site is in an area that can support such development.
Such development shall attempt to be compatible with the region." This
facility is expected to minimize the costs to County taxpayers of providing
additional public services in rural areas for uses that require services on an
urban scale. This request is for an Oil and Gas Support and Service Facility
for Western Equipment and Truck, Inc., Go Noble Energy, Inc., which is an
integral part of the County economy, and will have a direct impact on the
current and future needs of mineral development.
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 a Mineral Resource Development Facility, including Oil and Gas
Support and Service (storage of pipe (tublars) and production equipment)
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. To the north, east, and south are
irrigated agricultural lands with oil and gas encumbrances; to the west is a
single family residence with outbuildings. There are three property owners
within five hundred (500) feet of this facility. No letters or telephone calls
were received from adjacent property owners. Should concerns be raised,
the Conditions of Approval and Development Standards ensure that there
are adequate provisions in place to address the issues.
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 existing site is within the three-mile referral area of the
Towns of Gilcrest, Milliken, and Platteville. The Town of Gilcrest did not
return the referral, and the Town of Milliken, in a referral received July 25,
2008, indicated the site is located within the Town's growth area and
requested that the applicant contact the Town about the possibility of
annexation. The applicant contacted Steve House, Town of Milliken, who
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stated, "As we discussed, Sheryl Trent, the Town Administrator [Milliken],
and I have talked to Bob Condon [property owner's representative] at
different times this year about proposed uses for this site and the
possibilities of annexation at some time in the future when it would be more
feasible to do so." Representatives for Noble Energy, Inc., noted that the
discussions with the Town of Milliken indicate: "It is mutually agreed that
annexation at this time does not serve either the Town's or the owner's
interests, due to the relatively distant location and lack of services." The
Town of Platteville returned a referral, dated July 8, 2008, indicating no
conflicts with its interests.
e. Section 23-2-230.6.5--The application complies with Chapter 23,Article V,
of the Weld County Code. The existing site is within the County-Wide Road
Impact Fee Area, and the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Areas. 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 subject site 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 site is also located outside of the established Colorado Oil and
Gas Conservation Commission drill envelopes, per State statute. The
subject site is under contract by Noble Energy, Inc. The parcel was created
through the Recorded Exemption process in 2005, and amended in 2008.
Previous to this proposed use, the site was in agricultural production.
g. Section 23-2-230.6.7 -- 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 Western Equipment and Truck, Inc., do Noble Energy,
Inc., for a Site Specific Development Plan and Use by Special Review Permit#1662 for a Mineral
Resource Development Facility, including an Oil and Gas Support and Service (storage of pipe
(tubulars) and production equipment) 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 amended to delineate the following:
1) The attached Development Standards.
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2) The approved Screening Plan, to address the outdoor storage of
materials, associated with this facility, which shall be screened from
adjacent properties and all public rights-of-way.
B. The applicant shall submit a Dust Abatement Plan, for review and approval,
to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. Written evidence of
approval shall be submitted to the Department of Planning Services.
C. The applicant shall submit evidence of an Air Pollution Emission Notice
(A.P.E.N.) and Emissions Permit application from the Air Pollution Control
Division of the Colorado Department of Health and Environment, if
applicable. Alternately,the applicant may provide evidence from the APCD
that it is not subject to these requirements. Written evidence of approval
shall be submitted to the Department of Planning Services.
D. The applicant shall address the concerns of the Department of Public
Works, as outlined in the referral dated July 22, 2008. Written evidence of
approval by the Department of Public Works shall be submitted to the Weld
County Department of Planning Services.
E. The applicant shall submit a Screening Plan to the Department of Planning
Services, to address the outdoor storage of materials associated with this
facility, which shall be screened from adjacent properties and the public
rights-of-way.
F. The applicant shall complete all proposed improvements, including those
regarding landscaping, screening, access improvements, and parking lot
requirements, or, enter into an Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate collateral
for all required materials. The agreement and form of collateral shall be
reviewed by County staff and accepted by the Board of County
Commissioners prior to recording the plat.
G. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
H. The applicant shall submit an Improvements Agreement According to Policy
Regarding Collateral for Improvements which addresses the timing and
scope of the applicant's participation in paying the costs of improvements
to the intersection of County Road 38 and State Highway 60, based upon
the applicant's proportion of overall use of the intersection.
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
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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 thirty(30)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 the surveyor provide a
digital copy of this Amended Use by Special Review. Acceptable CAD formats are
.dwg, .dxf,and .dgn(Microstation);acceptable GIS formats are ArcView shapefiles,
Arclnfo Coverages and Arclnfo Export files format type is .e00. 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. 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.
5. In accordance with Weld County Code Ordinance#2005-7,approved June 1,2005,
should the plat not be recorded within the required thirty(30)days from the date of
the Board of County Commissioner Resolution, a $50.00 recording continuance
charge shall be added for each additional three (3) month period.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 1st day of October, A.D.; 2008.
BOARD OF COUNTY COMMISSIONERS
IE
Lie) ELD COUNTY, COLORADO
ATTEST: MO . .. r� . � ''h
It" =�bti — Wj am H. Jerke, Chair
Wel. County Clerk to the Bo.:;•� ,,rr
f� g CUSED
�jT�lr.� obec$D. sz n, Pro-Tem
BY: aDe ty, ty Cler o the Board ! --
Wi F. Garcia
ED M: c Fci
David E. Long
ounty Attorney
Dougl s Rademache
Date of signature: Iola-dos
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WESTERN EQUIPMENT AND TRUCK, INC.
CIO NOBLE ENERGY, INC.
USR#1662
1. The request for a Site Specific Development Plan and Use by Special Review Permit#1662
is for a Mineral Resource Development Facility, including an Oil and Gas Support and
Service Facility(storage of pipe(tubulars)and production equipment)in the A(Agricultural)
Zone District, and 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. 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.
4. 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.
5. 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.
6. The applicant shall operate in accordance with the approved Waste Handling Plan.
7. 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.
8. Any vehicle washing area(s)shall capture all effluent and prevent discharges in accordance
with the Rules and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency.
9. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 25-12-103, C.R.S.
10. Adequate hand washing and toilet facilities shall be provided for employees and visitors of
the site.
11. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
12. 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.
13. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
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14. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
15. A building permit application must be completed, and two 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 will be required.
16. A plan review must be approved, and a permit must be issued, prior to the start of
construction.
17. 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.
18. The 2006 International Building, Residential, Plumbing, Mechanical, and Fuel Gas and
Energy Conservation Codes, the 2008 National Electrical Code, and Chapter 23 of the
Weld County Code are being enforced.
19. Building height shall be measured in accordance with the Building Code for the purpose of
determining the maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk Requirements from Chapter 23 of
the Weld County Code. Building height shall be measured in accordance with Chapter 23
of the Weld County Code in order to determine compliance with offset and setback
requirements. Offset and setback requirements are measured to the farthest projection
from the building.
20. The applicant shall provide a letter of approval from the Platteville-Gilcrest Fire Protection
District, to the Department of Building Inspection, prior to setting any equipment or
structures.
21. 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.
22. Effective August 1, 2005, building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
23. The facility operates,outside of emergencies,from 7:00 a.m.,to 7:00 p.m., Monday through
Friday, and from 7:00 a.m., to 12:00 p.m., on Saturday.
24. The facility is limited to five (5) employees.
25. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
26. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
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27. 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.
28. 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.
29. 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.
30. The applicant shall install a "Trucks Turning" sign on County Road 38, before the ditch
crossing, per Manual on Uniform Traffic Control Devices (MUTCD) Standards.
31. The "Blind Hill" sign shall be installed on the applicant's property, per MUTCD Standards.
32. "No Jake Brake"signs shall be installed on County Road 38, to the State Highway 60 Stop
sign, per MUTCD Standards.
33. The maximum number of truck vehicle trips per day shall be 60 trips.
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