HomeMy WebLinkAbout20082892.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Robert Grand,that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: AmUSR-1614
APPLICANT: SemCrude LP
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: S2 SE4 of Section 24,T3N, R65W of the 6th P.M.,Weld County, Colorado.
REQUEST: A Site Specific Development Plan and an Amended Special Review Permit fora
Mineral Resource Development Facility including an Oil and Gas Storage
Facility in the A(Agricultural)Zone District.
LOCATION: West of and adjacent to CR 49 and north of and adjacent to CR 30.
be recommended favorably to the Board of County Commissioners 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 Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.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 22-5-100.6(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 for an amendment of the existing
Site Specific Development Plan and a 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 each on a 10
acre tract(RE-4829).
B. Section 23-2-220.A.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 an Amended Site
Specific Development Plan and Special Review Permit for a Mineral Resource Development
Facility including an Oil and Gas Storage Facility in the A(Agricultural)Zone District.
C. Section 23-2-220.A.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 comments from
surrounding property owners. The Development Standards and Conditions of Approval will
ensure compatibility with adjacent properties and the character of the area.
D. Section 23-2-220.A.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 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County
• Code. The site does not lie within any Overlay Districts.
11 EXHIBIT
B2008-2892
Resolution AmUSR-1614
SemCrude LP
Page 2
Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
•
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. (Ordinance 2005-8 Section 5-8-40) (Department of
Planning Services)
F. Section 23-2-220.A.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
USDA 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 acres.
G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall enter into an Improvements Agreement according to policy regarding
collateral for improvements and post adequate collateral for all required improvements. The
• agreement and form of collateral shall be reviewed by County Staff and accepted by the
Board of County Commissioners prior to recording the AMUSR plat. The improvements
agreement will not be needed if the necessary improvements are done to the satisfaction of
the Department of Public Works and the Department of Planning Services. (Department of
Planning Services)
B. 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 (APCD), Colorado
Department of Health and Environment. Alternately, the applicant can provide evidence
from the APCD that they are not subject to these requirements. Evidence of Department of
Public Health and Environment approval shall be submitted to the Department of Planning
Services. (Department of Public Health and Environment)
C. The applicant shall submit a dust abatement plan for all driving and parking areas for review
and approval, to the Environmental Health Services, Weld County Department of Public
Health&Environment. Evidence of Department of Public Health and Environment approval
shall be submitted to the Department of Planning Services. (Department of Public Health
and Environment)
D. A recorded agreement allowing utilization of SemCrudes water and sanitation facilities shall
be provided to the Department of Public Health and Environment. The reception number
shall be noted on the plat. Evidence of Department of Public Health and Environment
approval shall be submitted to the Department of Planning Services. (Department of Public
Health and Environment)
E. The applicant shall submit evidence of a Colorado Discharge Permit System (CDPS)from
the Water Quality Control Division of the Colorado Department of Health and Environment for
any proposed discharge into State Waterways, if applicable. (Department of Public Health
•
and Environment)
Resolution AmUSR-1614
SemCrude LP
Page 3
• F. The applicant shall submit evidence of an Aboveground Storage Tank permit from the
Colorado Department of Labor and Employment (CDL&E), Oil Inspection Section for any
aboveground storage tanks located on the site. Alternately, the applicant can provide
evidence from the (CDL&E), Oil Inspection Section that they are not subject to these
requirements. Evidence of Department of Public Health and Environment approval shall be
submitted to the Department of Planning Services. (Department of Public Health and
Environment)
G. A detailed design and operations plan for the truck washout building shall be submitted to
WCDPHE for review and approval. The design shall demonstrate how all spilled waste,
stormwater and wash down water will be contained. The design shall also include the
method to prevent leakage. A leak detection system shall be designed and installed beneath
the washout bay. The truck washout shall be constructed and operated in accordance with
the approved design. Evidence of Department of Public Health and Environment approval
shall be submitted to the Department of Planning Services. (Department of Public Health
and Environment)
H. A Spill Prevention Control and Countermeasure plan,for the Noble facility,shall be submitted
to Department of Public Health and Environment. Evidence of Department of Public Health
and Environment approval shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
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 &
Environment. Evidence of Department of Public Health and Environment approval shall be
submitted to the Department of Planning Services. The plan shall include at a minimum,the
following:
•
1) A list of wastes which are expected to be generated on 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 site.
3) The waste handler and facility where the waste will be disposed(including the facility
name, address, and phone number). (Department of Public Health and
Environment)
J. The applicant shall address the requirements(concerns)of the State of Colorado Division of
Water Resources, as stated in the referral response dated August 4, 2008. Specifically the
Division of Water Resources notes that a well permit (#65759-F) has been applied for but
evidence that it has been installed has not been submitted. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Weld County
Department of Planning Services)
K. The applicant shall address the requirements(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. (Weld
County Department of Planning Services)
L. The applicant shall address the requirements(concerns)of the State of Colorado Division of
Wildlife,as stated in the referral response dated September 2,2008. Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services. (Weld County
Department of Planning Services)
• M. The applicant shall submit a recorded agreement allowing utilization of SemCrudes's internal
road system to the Department of Planning Services. The reception number shall be noted
on the plat. (Department of Planning Services)
Resolution AmUSR-1614
SemCrude LP
Page 4
N. 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 can 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. (Department of Planning
Services)
O. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled AMUSR-1614. (Department of Planning
Services)
2) The attached Development Standards. (Department of Planning Services)
3) The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
P. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
2. Upon completion of 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 Department of Planning Services' Staff. 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 thirty(30)days from the date of the Board of
• County Commissioners resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
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. Contact the Water Quality Control
Division of the Colorado Department of Public Health and the Environment at
www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of Public Health
and Environment)
4. The Department of Planning Services respectively 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(Wco.weld.co.us. (Department of Planning Services)
5. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk
and Recorder. (Department of Planning Services)
6. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005,should the plat not
be recorded within the required sixty(60) days from the date the Board of County Commissioners
resolution was signed a $50.00 recording continuance charge may be added for each additional 3
month period. (Department of Planning Services)
•
Resolution AmUSR-1614
SemCrude LP
Page 5
Motion seconded by Tom Holton.
•
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Doug Ochsner
Erich Ehrlich
Roy Spitzer
Paul Branham
Mark Lawley
Nick Berryman
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on October 21, 2008.
• Dated the 21st of October, 2008.
Kristine Ranslem
Secretary
•
AMENDED SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SemCrude
AMUSR-1614
1. An Amended Site Specific Development Plan and a Special Review Permit for a Mineral Resource
Development Facility including an Oil and Gas Storage Facility in the A(Agricultural)Zone District.
(Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30 20
100.5, C.R.S., as amended)shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Department of Public Health and Environment)
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, 30 20 100.5,C.R.S., as amended. (Department of Public Health and Environment)
5. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank
Regulations (7 CCR 1101-14). (Department of Public Health and Environment)
6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris,and other potential nuisance conditions. (Department
of Public Health and Environment)
7. The applicant shall operate in accordance with the approved"waste handling plan". (Department of
Public Health and Environment)
• 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. (Department of Public
Health and Environment)
9. The operation shall comply with all applicable State noise statutes and/or regulations.(Department of
Public Health and Environment)
10. The truck washout(truck thaw building)shall be operated in accordance with the approved design
and operations plan. (Department of Public Health and Environment)
11. The facility shall be constructed and operated to ensure that contamination of soil and groundwater
does not occur. (Department of Public Health and Environment)
12. Any petroleum contaminated soils on the facility shall be removed, treated or disposed of in
accordance with all applicable rules and regulations. (Department of Public Health and Environment)
13. Reception number (to be filled in)allows for the use of the adjacent parcel for drinking water,
handwashing and toilet facilities for employees and drivers. (Department of Public Health and
Environment)
14. Reception number (to be filled in)allows for the use of the SemCrude's internal road system.
(Department of Planning Services)
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
Systems (Department of Public Health and Environment)
411
Resolution AmUSR-1614
SemCrude LP
Page 7
16. A Spill Prevention Control and Countermeasure plan shall be kept on site at all times. (Department of
•
Public Health and Environment)
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(HAP's)and
• volatile organic compounds (VOC's). (Department of Public Health and Environment)
18. If applicable,the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Department of Public Health and
Environment)
19. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and Weld County Code. (Department of Public Health and Environment)
20. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department of Planning
Services)
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.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
22. The Landscaping/Screening on site shall be maintained in accordance with the approved
Landscape/Screening Plan. (Department of Planning Services)
23. The hours of operation will be 24 hours a day 7 days a week. (Department of Planning Services)
24. The number of on site employees for the business shall be limited to five(5)persons.(Department of
• Planning Services)
25. All vehicles located on the property must be operational and with current license plates and tags.
(Department of Planning Services)
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. (Department of Planning Services)
27. A building permit shall be obtained prior to the change of use, or construction of any new structures.
(Department of Building Inspection)
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. Include a Code Analysis Data sheet provided by
the Weld County Building Department 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. The plans shall also include the
design for fire separation and occupancy separation walls. When required by Chapter 5 and 7 of the
2006 International Building Code. Fire protection shall conform to Chapter 9 and exiting requirements
by Chapter 10. (Department of Building Inspection)
29. All building plans shall be submitted to the LaSalle Fire District fire protection district for review and
approval prior to the issue of building permits. (Department of Building Inspection)
30. On-site lighting, including security lighting if applicable shall maintain compliance with Section 23-
3-250.B.6 of the Weld County Code. (Department of Planning Services)
•
Resolution AmUSR-1614
SemCrude LP
Page 8
31. The property owner or operator shall be responsible for complying with the Design Standards of
4111 Section 23-2-240, Weld County Code.
32. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
33. Personnel from the Weld County Government 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 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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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
• Tuesday, October 21, 2008
A regular meeting of the Weld County Planning Commission was held in the Weld County Department of
Planning Services, Hearing Room, 918 10th Street, Greeley, Colorado. The meeting was called to order by
Chair, Doug Ochsner, at 1:30 p.m.
ROLL CALL ABSENT
Doug Ochsner-Chair
Tom Holton -Vice Chair
Nick Berryman
Paul Branham
Erich Ehrlich
Robert Grand
Bill Hall
Mark Lawley
Roy Spitzer
Also Present: Jacqueline Hatch, Chris Gathman,Tom Honn,Department of Planning Services; Don Carroll,
Department of Public Works; Lauren Light, Department of Health; Bruce Barker, County Attorney, and Kris
Ranslem, Secretary.
Robert Grand moved to approve the October 7, 2008 Weld County Planning Commission minutes,seconded
by Bill Hall. Motion carried.
The Chair read the first case on the Consent Agenda into record.
• — CASE NUMBER: AmUSR-1614
APPLICANT: SemCrude LP
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: S2 SE4 of Section 24, T3N, R65W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and an Amended Special Review
Permit for a Mineral Resource Development Facility including an Oil and
Gas Storage Facility in the A(Agricultural)Zone District.
LOCATION: West of and adjacent to CR 49 and north of and adjacent to CR 30.
The Chair asked Ms. Hatch if she wishes for this case to remain on consent. Ms. Hatch replied that she does
wish for this case to remain on the consent agenda.
The Chair asked the applicant if they wish for this case to remain on consent. The applicant indicated yes.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The Chair asked the Planning Commissioners if they would like to have this case pulled from consent. No one
wished to have it pulled.
The Chair read the next case on the Consent Agenda.
CASE NUMBER: USR-1669
APPLICANT: Kelly&Sally Harmon
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Part S2 SW4 Section 19, TIN, R67W of the 6th P.M., Weld County, t
•
Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review Permit for
a Use Permitted as a Use by Right, Accessory Use, or Use by Special X C
Review in the Commercial or Industrial Zone Districts (truck parking)
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