HomeMy WebLinkAbout20072060.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1614 FORA MINERAL RESOURCE DEVELOPMENT FACILITY,INCLUDING
AN OIL AND GAS STORAGE FACILITY,IN THE A(AGRICULTURAL)ZONE DISTRICT
- RUSSELL L. GURTLER, JR. FAMILY TRUST AND DORTHY K. GURTLER TRUST,
C/O SEMCRUDE, LP
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 8th day of
August,2007,at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of hearing the
application of Russell L.Gurtler,Jr.Family Trust and Dorthy K.Gurtler Trust,7538 County Road 49,
Hudson,Colorado 80642,do SemCrude L.P.,Attn:Glenn Collum, 11501 South 1-44 Service Road,
Oklahoma City,Oklahoma 73173-8315,fora Site Specific Development Plan and 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 Lauren Light,Tetra Tech, 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,
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it /C, ACv, //C Nit /PCP O9%e77-677
SPECIAL REVIEW PERMIT#1614-RUSSELL L.GURTLER,JR.FAMILY TRUST AND DORTHY
K. GURTLER TRUST, C/O SEMCRUDE, LP
PAGE 2
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 for a Site Specific Development Plan and Use by Special
Review Permit(USR#1614)is for a Mineral Resource Development Facility,
including an Oil and Gas Storage Facility,in the A(Agricultural)Zone District.
This facility is for the operation of a crude oil truck unloading facility and a
crude oil tank farm.
b. Section 23-2-230.6.2--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 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 23-2-230.8.3--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 letters from the surrounding property owners. The Conditions
of Approval and Development Standards will ensure compatibility with
adjacent properties and the character of the area.
d. Section 23-2-230.8.4--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 23-2-230.8.6—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;however, less than one-half of the site will be
developed by the proposed USR.
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SPECIAL REVIEW PERMIT#1614-RUSSELL L.GURTLER,JR.FAMILY TRUST AND DORTHY
K. GURTLER TRUST, C/O SEMCRUDE, LP
PAGE 3
g. Section 23-2-230.6.7 -- 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 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 Russell L.Gurtler,Jr. Family Trust and Dorthy K.Gurtler
Trust,do SemCrude L.P.,for a Site Specific Development Plan and 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 plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1614.
2) The attached Development Standards.
3) County Road 30 is classified by the County as a collector road,which
requires eighty(80)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. The plat shall delineate the existing right-of-way and the
documents which created it, along with any additional future
right-of-way required.
4) County Road 49 is classified by the County as a strategic roadway,
which requires 140 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. The plat shall delineate the existing right-of-way and the
documents which created it, along with any additional future
right-of-way required.
5) The off-street parking spaces, including the intemal circulation
pattern and the access drive, shall be surfaced with asphalt,
concrete,or the equivalent,and shall be graded to prevent drainage
problems. Each paved 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 plantings.
6) This facility shall adhere to the number of on-site parking spaces
indicated in Appendix 23-B of the Weld County Code. The total
number of on-site parking for this facility shall be four(4)spaces,of
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SPECIAL REVIEW PERMIT#1614-RUSSELL L.GURTLER,JR.FAMILY TRUST AND DORTHY
K. GURTLER TRUST, C/O SEMCRUDE, LP
PAGE 4
which one (1) shall be a van-accessible handicapped parking stall
meeting all of the requirements as set forth in the Americans with
Disabilities Act(ADA). The applicant shall address, and adhere to,
the ADA standards for this facility at all times. Non-ambulatory/
ambulatory parking spaces shall be identified and shown on the plat.
This site will be required to meet all ADA requirements. At least
one(1)space must be van-accessible. The parking spaces must be
the closest possible to the entrance. Signing will be required. Curb
cuts, ramps and other methods of providing accessibility, shall be
required to reasonably attempt to meet the ADA requirements.
Should the applicant elect to not adhere to the previously discussed
Federal Standards,the applicant shall outline how the proposed site
design mitigates the ADA requirements.
7) The applicant shall delineate a 150-foot radius from any well head
and/or a 200-foot radius from any tank battery.
8) The applicant shall show all easements on the property,per book and
page, and/or reception number, or remove them from the plat.
9) The plat shall be prepared in accordance with Section 23-2-260.D of
the Weld County Code.
10) The applicant shall delineate all on-site lighting. Section 23-3-360.F
of the Weld County Code addresses the issue of on-site lighting,
including security lighting if applicable,and states"any lighting...shall
be designed,located and operated in such a manner as to meet the
following standards:sources of light shall be shielded so that beams
or rays of light will not shine directly onto adjacent properties...."
11) The applicant shall remove the paved areas from the Seeding Plan.
B. 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 plat. The Improvements Agreement
will not be needed if the necessary improvements are done to the
satisfaction of the Departments of Public Works and Planning Services.
C. The applicant shall enter into an Off-Site Long-Term Road Improvements
and Maintenance Agreement for the impact to County Road 30 and the
intersection of County Road 49. The applicant shall install an acceleration,
deceleration, and left-turn lanes at the intersection of County Roads 49
and 30.
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SPECIAL REVIEW PERMIT#1614-RUSSELL L.GURTLER,JR.FAMILY TRUST AND DORTHY
K. GURTLER TRUST, C/O SEMCRUDE, LP
PAGE 5
D. The applicant shall attempt to address the requirements and concerns of the
Weld County Paramedic Services,as stated in the referral response dated
April 25, 2007. Evidence of such shall be submitted,in writing,to the Weld
County Department of Planning Services.
E. 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) of the Colorado Department of Public Health and
Environment. Altemately,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.
F. The applicant shall submit a Dust Abatement Plan for all driving and parking
areas,for review and approval,to the Environmental Health Services Division
of the Weld County Department of Public Health and Environment. Evidence
of Department of Public Health and Environment approval shall be submitted
to the Department of Planning Services.
G. The applicant shall submit evidence of a Colorado Discharge Permit System
(C.D.P.S.) from the Water Quality Control Division of the Colorado
Department of Public Health and Environment for any proposed discharge
into state waterways, if applicable.
H. 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.
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. 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 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).
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SPECIAL REVIEW PERMIT#1614-RUSSELL L.GURTLER,JR.FAMILY TRUST AND DORTHY
K. GURTLER TRUST, C/O SEMCRUDE, LP
PAGE 6
J. The applicant shall address the requirements and concerns of the Weld
County Department of Public Works,as stated in the referral response dated
May 3, 2007, and May 17, 2007. Evidence of such shall be submitted, in
writing, to the Weld County Department of Planning Services.
K. The applicant shall attempt to address the requirements and concerns of the
Weld County Sheriffs Office, as stated in the referral response dated
April 29,2007. Evidence of such shall be submitted, in writing,to the Weld
County Department of Planning Services.
L. 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.
M. The applicant shall submit, to the Weld County Department of Planning
Services, a copy of a recorded deed describing the S1/2 of the SE1/4 of
Section 24, Township 3N, Range 65W of the 6th P.M., Weld County,
Colroado.
N. 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 thirty(30)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. 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(1)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.
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SPECIAL REVIEW PERMIT#1614-RUSSELL L.GURTLER,JR. FAMILY TRUST AND DORTHY
K. GURTLER TRUST, C/O SEMCRUDE, LP
PAGE 7
4. Prior to issuance of the Certificate of Occupancy:
A. An Individual Sewage Disposal System (I.S.D.S.) is required for the
proposed office and public restroom and shall be installed according to the
Weld County I.S.D.S. Regulations.
B. The septic system is required to be designed by a Colorado registered
professional engineer according to the I.S.D.S. Regulations.
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.
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 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 8th day of August, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
WELOUNTY, COLORADO
ATTEST: ti IE � I
� :�� E. Long, Chair
0, •
Weld County Clerk to the Boar'1861 It j
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yy�� • �� ,� , , i ���� H. Jerk ro-Tem
BY: C/A Cl
Deputy C erk to the Board �'!� \ �A
iam F. Garcia
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AP VE AS TO
Robert D. Masden
unty A ey
9_y 77 Douglas ademach
Date of signature:
2007-2060
PL1918
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RUSSELL L. GURTLER, JR. FAMILY TRUST AND DORTHY K. GURTLER TRUST
C/O SEMCRUDE, L.P.
USR#1614
1. Site Specific Development Plan and 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 forfinal 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 Aboveground Storage
Tank Regulations.
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. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
11. 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 (I.S.D.S.)
12. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.
13. 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.
14. 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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DEVELOPMENT STANDARDS - RUSSELL L. GURTLER, JR. FAMILY TRUST AND DORTHY
K. GURTLER TRUST, C/O SEMCRUDE, LP (USR#1614)
PAGE 2
15. The operation shall comply with all applicable rules and regulations of state and federal
agencies and Weld County Code.
16. 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.
17. 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.
18. The landscaping/screening on the site shall be maintained in accordance with the approved
Landscape/Screening Plan.
19. A chain-link security fence shall be installed and maintained around the operational portion
of the facility.
20. There shall be no staging or parking along County Road 30. The applicant shall utilize the
on-site parking and staging areas.
21. As indicated by the application material,the hours of operation will be 24 hours a day,7 days
week.
22. The number of on-site employees for the business shall be limited to three (3) persons.
23. All vehicles located on the property must be operational and have current license plates and
tags.
24. 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.
25. 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,preformed by
a Colorado registered architect or engineer, shall be required.
26. A plan review must be approved, and a permit must be issued, prior to the start of
construction on the site.
27. Setback and offset distances shall be determined by the 2003 International Building Code
and Chapter 23 of the Weld County Code. Offset and setback distances are measured
from the farthest projection from the structure.
28. Any building plans shall be submitted to the LaSalle Fire Protection District for approval.
29. On-site lighting, including security lighting if applicable, shall maintain compliance with
Section 23-3-250.6.6 of the Weld County Code.
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DEVELOPMENT STANDARDS - RUSSELL L. GURTLER, JR. FAMILY TRUST AND DORTHY
K. GURTLER TRUST, C/O SEMCRUDE, LP (USR#1614)
PAGE 3
30. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
31. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
32. 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.
33. 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.
34. 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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