HomeMy WebLinkAbout20070699.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1598 FORA MINERAL RESOURCE DEVELOPMENT FACILITY,INCLUDING
A NATURAL GAS PROCESSING FACILITY, IN THE A (AGRICULTURAL) ZONE
DISTRICT - ROCKIES EXPRESS PIPELINE, 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 21st day of
March,2007,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Rockies Express Pipeline, LLC,370 Van Gordon Street,P.O.Box 281304,Lakewood,
Colorado 80228-8304, for a Site Specific Development Plan and Use by Special Review
Permit#1598 for a Mineral Resource Development Facility, including a Natural Gas Processing
Facility, in the A (Agricultural) Zone District on the following described real estate, being more
particularly described as follows:
Part of the SE1/4 of Section 5, Township 11 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Dick Sears 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 23-2-230.6 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 request fora Site Specific Development Plan and Use by Special
Review Permit for a Mineral Resource Development Facility, including a
Natural Gas Processing Facility,in the A(Agricultural)Zone District,is a new
Use by Special Review.
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SPECIAL REVIEW PERMIT#1598 - ROCKIES EXPRESS PIPELINE, LLC
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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 a Natural
Gas Processing Facility, 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 property is sited adjacent to
U.S. Highway 85 and the Weld County Road 132 Section Line. To the north,
west, and south, are dry pasture agricultural lands. To the east are lands
owned by the Public Service Company of Colorado. There are seven
property owners within five hundred (500)feet of this facility. No letters or
telephone calls have been received in favor of, or in opposition to, this
proposal.
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
proposed site is not within the three-mile referral area of any municipality.
The application materials state the improvements consist of a compressor
building for three electric compressors,one generator,a supervisory control
system,a motor control center(MCC),and an office/warehouse building. All
improvements are enclosed within a chain link fence with three strands of
barbed wire at the top. There are currently three other Natural Gas
Compressor Stations within one-quarter (1/4) of a mile of this site,
surrounded by non-irrigated grazing lands.
e. Section 23-2-230.6.5--The application complies with Chapter 23,Article V,
of the Weld County Code. The existing site is not within the Airport,Geologic
Hazard,or Flood Hazard Overlay Districts. The existing site is subject to the
County-Wide Road Impact Fee,the Capital Expansion Impact Fee,and the
Stormwater/Drainage Impact Fee Programs. 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 23-2-230.6.6--The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The lands are presently in the Conservation Reserve Program (CRP)
and are designated as"non-prime"on the Important Farmlands Map of Weld
County, dated 1979.
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•
g. Section 23-2-230.8.7--The Design Standards(Section 23-2-240),Operation
Standards (Section 23-2-250), 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 Rockies Express Pipeline, LLC, for a Site Specific
Development Plan and Use by Special Review Permit#1598 for a Mineral Resource Development
Facility,including a Natural Gas Processing 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 amended to delineate the following:
1) The plat shall be prepared in accordance with Section 23-2-260.D of
the Weld County Code.
2) All sheets associated with this plat shall be labeled USR-1598.
3) The attached Development Standards.
4) The approved Screening Plan, to address the outdoor storage of
materials associated with this facility,which shall be screened from
adjacent properties and public rights-of-way.
5) The approved Sign Plan.
6) The Colorado Department of Transportation(CDOT)has jurisdiction
over all accesses to State Highways. The applicant shall contact
CDOT to verify the right-of-way of U.S. Highway 85 at the vicinity of
Weld County Road 132.
7) Weld County Road 132 is designated on the Weld County Road
Classification Plan as a section line road,with 60 feet of right-of-way
on both sides of the centerline. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way. All
setbacks shall be measured from the edge of any future right-of-way.
If the right-of-way cannot be verified, it shall be dedicated. This road
is not maintained by Weld County.
8) The applicant shall provide written and graphic evidence that the
coordinate North 0+00 on the plat identifying the section where Weld
County Road 132 exists. Verification of the south end of the property,
in conjunction with relationship to the section line, needs to be
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clarified on the plat drawing. The applicant shall identify the location
of this section line on the plat drawing.
9) The applicant shall delineate on the plat the circulation and off-street
parking spaces, including the access drives. Further, each parking
space shall be equipped with wheel guards or curb stops, where
needed,to prevent vehicles from extending beyond the boundaries
of the space and from coming into contact with other vehicles,walls,
fences, or plant materials.
10) The screened trash enclosure for the facility.
11) A graphic key and/or symbol serving to identify each component that
is located within the USR boundary. The key and corresponding
component shall be summarized in tabular format and be clearly
delineated on the plat.
B. The applicant shall submit evidence of an Air Pollution Emission Notice
(A.P.E.N.)and Emissions Permit application from the Colorado Department
of Public Health and Environment, Air Pollution Control Division (APCD).
Written evidence of approval shall be submitted to the Department of
Planning Services.
C. 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.
D. The applicant shall submit a 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 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
(including the facility name,address,and phone number). Evidence
of such shall be submitted in writing to the Weld County Department
of Planning Services.
E. The applicant shall submit written evidence,from the State Engineer's Office,
demonstrating that a commercial well has been obtained for this facility.
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F. The applicant shall submit written evidence,from the Colorado Department
of Transportation(CDOT),demonstrating two approved points of ingress and
egress and an access permit onto U.S. Highway 85.
G. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. One month prior to construction activities:
A. 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 Division of the Colorado Department of
Public Health and Environment at www.cdphe.state.co.us/wq/PermitsUnit for
more information. Written evidence of approval shall be submitted to the
Department of Planning Services.
3. Prior to the issuance of a Certificate of Occupancy:
A. An Individual Sewage Disposal System is required for the proposed
office/warehouse building, and shall be installed according to the Weld
County(I.S.D.S.)Regulations. Written evidence of such shall be submitted
to the Department of Planning Services.
B. The septic system is required to be designed by a Colorado registered
professional engineer, according to Weld County I.S.D.S. Regulations.
4. 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 thirty(30)days from the
date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee.
5. The Department of Planning Services respectfully requests the surveyor provide a
digital copy of this 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.
6. 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.
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7. 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 Commissioners 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 21st day of March, A.D., 2007.
BOARD 0 COUNTY COMMISSIONERS
WELD C TY, COLORADO
� J avid E. Long, Chair
ATTEST: / ����.: �� Cl
Weld County Clerk to the bar.
��
I861 F5( � q
illia rte,Prroo-Tem
BY: Deputy Cler to the Bo' , \,"`r,,.f` C
•j, r �'
William F. Garcia
AP' 'O DASTO .. 7r EXCUSED
� Robert D. Masden
ounty Attorney L arc.,rvuzirsr
Douglas ademacher
Date of signature: 9-767-C7
2007-0699
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ROCKIES EXPRESS PIPELINE, LLC
USR#1598
1. The request fora Site Specific Development Plan and Use by Special Review Permit#1598
is for a Mineral Resource Development Facility,including a Natural Gas Processing Facility,
in the A (Agricultural) Zone District, as indicated in the application materials on file 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. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone District, as delineated in Section 25-12-103, C.R.S.
9. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
10. 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.
11. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.
12. 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.
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. The applicant is required to comply with all Colorado Department of Public Health and
Environmental regulations regarding berming and spill prevention for materials and liquids
stored on the site.
16. The applicant is required to comply with all Colorado Department of Public Health and
Environment, Water Quality Control Division, regulations regarding stormwater quality,
permitting and protection, and construction stormwater discharges.
17. The historical flow patterns and runoff amounts will be maintained on the site in such a
manner that 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. The applicant must take into
consideration stormwater capture/quantity and provide accordingly for Best Management
Practices.
18. A building permit shall be obtained prior to the construction of buildings or structures,
including the office building.
19. A plan review is required for each building for which a building permit is required. Plans shall
bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of
plans are required when applying for each permit.
20. 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: 2003
International Building Code,2003 Intemational Mechanical Code,2003 International Plumbing
Code,2003 International Fuel Gas Code,2005 National Electrical Code,and Chapter29of
the Weld County Code.
21. The office will require an engineered foundation based on a site-specific Geotechnical
Report or an open hole inspection performed by a Colorado registered engineer.
Engineered foundations shall be designed by a Colorado registered engineer.
22. The structure will probably be classified as B(Office)occupancy. Fire resistance of walls
and openings,construction requirements,maximum building height,and allowable areas will
be reviewed at the plan review. Setback and offset distances shall be determined by
Chapter 23 of the Weld County Code.
23. Building height shall be measured in accordance with the 2003 International 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. When measuring buildings to determine offset and setback
requirements,buildings are measured to the farthest projection from the building. Property
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lines shall be clearly identified and all property pins shall be staked prior to the first site
inspection.
24. The applicant shall provide a letter of approval from Nunn Fire Protection District prior to the
placement of the office building.
25. 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.
26. 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.
27. The facility operates twenty-four(24)hours a day,seven(7)days a week, as stated in the
application materials.
28. The Cheyenne Station, Number 905 Facility, is limited to four(4)full-time employees, as
stated in the application materials.
29. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
30. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, 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 complywith 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.
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.
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