HomeMy WebLinkAbout20082891.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT #1614 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING AN OIL AND GAS STORAGE FACILITY,IN THE A(AGRICULTURAL)ZONE
DISTRICT- SEM CRUDE, L.P.
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 5th day of
November, 2008, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Sem Crude, L.P., 11501 South 1-44 Service Road, Oklahoma City,
Oklahoma 73173-8315,for a Site Specific Development Plan and Amended Use by Special Review
Permit #1614 for a Mineral Resource Development Facility, including an Oil and Gas Storage
Facility, in the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
S1/2 SE1/4 of Section 24, Township 3 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Julie Cozad, Tetra Tech, Inc., 1900 South
Sunset Street, Suite 1-F, Longmont, Colorado 80501, 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.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, "Oil and gas exploration and
production should occur in a manner which minimizes the impact to
agricultural uses and the environment and reduces the conflicts between
mineral development and current and future surface uses." Further,
Section 22-5-100.B (OG.Goal 2) states, "The extraction of oil and gas
resources should conserve the land and minimize the impact on surrounding
land." The applicant is requesting an amendment of the existing Site
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AMENDED USE BY SPECIAL REVIEW PERMIT #1614 - SEM CRUDE, L.P.
PAGE 2
Specific Development Plan and Use by Special Review Permit for a Mineral
Resource Development Facility, including an Oil and Gas storage facility, in
the A (Agricultural) Zone District. The proposal is to include an additional
twenty acres to the facility, increasing the size of the facility from sixty acres
to eighty acres. Two identical oil polishing facilities, one for Noble Energy,
Inc., and one for Anadarko Petroleum Corporation, are proposed on each
10-acre tract (RE-4829).
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.1 of the Weld County Code
provides for a Site Specific Development Plan and Amended Use by Special
Review Permit for a Mineral Resource Development Facility, including an Oil
and Gas Storage Facility, 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 surrounding property is
predominantly agricultural. The property east of and adjacent to the
proposed development is currently permitted under USR-608 for a turkey
hatchery. Other surrounding USRs include: CUP-69 for horse breeding and
SUP-96 for a hog farm. The Department of Planning Services has not
received any written comments from surrounding property owners. The
Conditions of Approval and Development Standards will ensure compatibility
with adjacent properties and the character of the 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 subject property does not lie within the three-mile
referral area of any municipality.
e. Section 23-2-230.B.5--The application complies with Chapter 23,Article V,
of the Weld County Code. The site does not lie within any 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, 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 subject site is designated Prime If They Become Irrigated,
Irrigated Land Not Prime, and Other by the 1979 United States Department
of Agriculture (U.S.D.A.) Soil Conservation Services Map. The property
consists of 80 acres and has an existing tank farm, piping, and associated
auxiliary uses on 60 of the 80 acres.
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AMENDED USE BY SPECIAL REVIEW PERMIT#1614 - SEM CRUDE, L.P.
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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 Sem Crude, L.P., for a Site Specific Development Plan
and Amended Use by Special Review Permit#1614 for a Mineral Resource Development Facility,
including an Oil and Gas Storage 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 applicant shall either enter into a new Improvements Agreement, or
amend the existing Improvements Agreements for USR-1614, and post
adequate collateral only for improvements required to be constructed
immediately. The new or amended Improvements Agreement(s) and the
form of any necessary collateral shall be reviewed by County staff and
accepted by the Board of County Commissioners prior to recording the plat,
and shall include the following provisions:
1) Upon being presented with evidence that traffic counts conducted by
Weld County on County Road ("CR") 30, west of CR 49, exceed
1,000 ADT,the applicant shall design and construct acceleration and
deceleration lanes on CR 30 to serve each of its approved accesses.
The cost for design and construction of such acceleration and
deceleration lanes shall be paid entirely by the applicant. The Weld
County Department of Public Works shall have final approval of the
design. Sufficient collateral for the construction of such acceleration
and deceleration lanes shall be posted with Weld County
immediately prior to the commencement of such construction.
2) Additionally, the applicant shall pay its proportional share of the cost
of improvements and upgrades to CR 30, along its frontage and at
the intersection with CR 49, at such time as Weld County upgrades
that roadway. The applicant's proportional share of CR 30
improvement costs shall be determined to be the applicant's
percentage of the total traffic on CR 30 west of CR 49, as
determined by traffic counts conducted by Weld County and an
updated Traffic Study completed by the applicant.
B. The applicant shall address the requirements and concerns of the Colorado
Division of Water Resources, as stated in the referral response dated
August 4, 2008. Specifically, the Division of Water Resources indicates a
well permit(#65759-F)has been applied for;however,evidence that the well
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AMENDED USE BY SPECIAL REVIEW PERMIT #1614 - SEM CRUDE, L.P.
PAGE 4
has been installed has not been submitted. Evidence of such shall be
submitted, in writing, to the Weld County Department of Planning Services.
C. The applicant shall address the requirements and concerns of the Weld
County Department of Public Works, as stated in the referral response
dated August 4, 2008. Evidence of such shall be submitted, in writing, to
the Weld County Department of Planning Services.
D. The applicant shall submit a recorded agreement, allowing utilization of the
applicant's internal road system, to the Department of Planning Services.
The Reception Number shall be noted on the plat.
E. The applicant shall 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 shall 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.
F. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled AMUSR-1614.
2) The attached Development Standards.
3) The plat shall be prepared in accordance with Section 23-2-260.D of
the Weld County Code.
G. The applicant shall submit two (2) 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 one hundred
twenty(120)days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
3. Prior to Construction:
A. One month prior to construction, a Stormwater Discharge Permit may be
required for a development/redevelopment/construction site where a
contiguous or non-contiguous land disturbance is greater than, or equal to,
one acre in area. The applicant shall contact the Water Quality Control
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AMENDED USE BY SPECIAL REVIEW PERMIT#1614 - SEM CRUDE, L.P.
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Division of the Colorado Department of Public Health and Environment, at
www.cdphe.state.co.us/wq/PermitsUnit, for more information.
4. 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.
5. 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.
6. In accordance with Weld County Code Ordinance#2005-7,approved June 1, 2005,
should the plat not be recorded within the required one hundred twenty(120)days
from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance charge may 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 5th day of November, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
/ ` WELD COUNTY, COLORADO
ATTEST: 'li �` �:.✓
� -=; illiam H. Jerke, Chair
Weld County Clerk to the ,+.. ►.�`�
P'"' 'EXCUSED
� 1/' Robert D. sden, Pro-Tem
BY: Ati Je41 CCi� .�r•ai►a,.
DeptI.y Cle/tito the Boar• {/(/t 11,C
Willi . arcia
APPROVEQ,AS TO M�
David E. Long
ty Attorney
uglas adema er
Date of signature: IAP
2008-2891
PL1918
SITE SPECIFIC DEVELOPMENT PLAN
AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SEM CRUDE, L.P.
AMUSR#1614
1. A Site Specific Development Plan and Amended Use by Special Review Permit#1614 is
for a Mineral Resource Development Facility, including an Oil and Gas Storage Facility, in
the A (Agricultural) Zone District.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
3. 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. The applicant shall comply with all provisions of the Underground and Above Ground
Storage Tank Regulations (7 CCR 1101-14).
6. 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.
7. The applicant shall operate in accordance with the approved Waste Handling Plan.
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. The operation shall comply with all applicable State noise statutes and/or regulations.
10. The truck washout(truck thaw building)shall be operated in accordance with the approved
Design and Operations Plan.
11. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
12. Any petroleum contaminated soils on the facility shall be removed, treated, or disposed of
in accordance with all applicable rules and regulations.
13. Reception number (to be filled in) allows for the use of the adjacent parcel for
drinking water, hand washing, and toilet facilities for employees and drivers.
14. Reception number (to be filled in)allows for the use of the applicant's internal road
system.
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DEVELOPMENT STANDARDS - SEM CRUDE, L.P. (AMUSR #1614)
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15. 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 System (I.S.D.S.) Regulations.
16. A Spill Prevention Control and Countermeasure Plan shall be kept on the site at all times.
17. All potentially hazardous chemicals must be stored and 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.
18. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
19. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
20. 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.
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.
22. The landscaping and screening on the site shall be maintained in accordance with the
approved Landscape/Screening Plan.
23. The hours of operation will be 24 hours a day, 7 days a week.
24. The number of on-site employees for the business shall be limited to five (5) persons.
25. All vehicles located on the property must be operational, with current license plates and
tags.
26. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
27. A building permit shall be obtained prior to a change of use or construction of any new
structures.
28. A plan review is required for each building for which a building permit is required. Two
complete sets of plans are required when applying for each permit. The applicant shall
include a Code Analysis Data Sheet, provided by the Weld County Department of Building
Inspection,with each building permit. Submittal plans shall include a floor plan showing the
specific uses of each area for the building. The Occupancy Classification will be
determined by Chapter 3 of the 2006 International Building Code (IBC). The plans shall
also include the design for fire separation and occupancy separation walls, when required
by Chapters 5 and 7 of the 2006 IBC. Fire protection shall conform to Chapter 9 and exiting
requirements by Chapter 10 of the 2006 IBC.
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DEVELOPMENT STANDARDS - SEM CRUDE, L.P. (AMUSR#1614)
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29. All building plans shall be submitted to the LaSalle Fire Protection District, for review and
approval, prior to the issuance of building permits.
30. On-site lighting, including security lighting, if applicable, shall maintain compliance with
Section 23-3-250.B.6 of the Weld County Code.
31. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
32. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
33. 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.
34. 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.
35. 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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