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HomeMy WebLinkAbout20200843.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR20-0002, FOR OIL AND GAS SUPPORT AND SERVICE (MAGAZINE BUNKER STORAGE OF EXPLOSIVES UTILIZED IN FRACKING OF OIL AND GAS WELLS) IN THE A (AGRICULTURAL) ZONE DISTRICT - RICHARD AND DEBRA SHUBERT, C/O GO WIRELINE, 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 18th day of March, 2020, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Richard and Debra Shubert, 24621 CR 53, Kersey, Colorado 80644, c/o Go Wireline, LLC, 320 8th Ave. East, Williston, North Dakota, 58801, for a Site Specific Development Plan and Use by Special Review Permit, USR20-0002, for Oil and Gas Support and Service (magazine bunker storage of explosives utilized in fracking of oil and gas wells) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Subdivision Exemption, SUBX19-0015; being a part of the S1/2 NE1/4 of Section 32, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado WHEREAS, because of the COVID-19 event and to protect the health, safety, and welfare of the general public, the Board, the deemed it advisable to continue the matter to April 29, 2020, at 10:00 a.m. WHEREAS, because of the ongoing COVID-19 event and to protect the health, safety, and welfare of the general public, the Board, deemed it advisable to continue the matter to May 13, 2020, and WHEREAS, on May 13, 2020, the applicant was represented by Brent Kalkwarf, Go Wireline, LLC, P.O. Box 200263, Evans, Colorado 80620, 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. et:PL(,4-0/TP),t--&-1- PVNI /DO 2020-0843 CA-MO I 4PL RAP PL2735 'II I 12-O7-o 41 I 11 (2.O2O SPECIAL REVIEW PERMIT (USR20-0002) - RICHARD AND DEBRA SHUBERT, CIO GO WIRELINE, LLC PAGE 2 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 23-2-230.6.1 — The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. 1) Section 22-6-20.C.1 (ECON.Policy 3.1) states: "County activities and regulation should protect the rights of private property owners and the public health, safety and welfare, recognizing that these basic rights and protections allow the free market to prosper and grow the local economy." The property owner has submitted an application with a signed lease for lands associated with the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) proposed the regulated storage magazine facility. The proposed facility is located within a rural residential property adjacent to unused agricultural buildings. The applicant mailed letters out to all 16 property owners within 500 feet of this proposed facility and seven (7) letters were returned supporting the application. 2) Section 22-5-100.A.2 (OG.Policy 1.2) states: "Oil and gas support and service facilities which do not rely on geology for locations should locate in commercial and industrial areas, when possible, and should be subject to review in accordance with the appropriate sections of this Code." Go Wireline, LLC, is in the business of providing cased-hole wireline services including logging, perforating, tubing-conveyed perforating, pipeline recovery and mechanical services for the industry. The DJ Basin area has seen rapid expansion as new drilling technologies are allowing more oil and gas to be produced. To meet these needs, Go Wireline, LLC, is proposing to establish a facility near the already significant amount of oil and gas development. Once operational, the site will produce limited traffic and the impact on the surrounding land will be minimal. 3) Section 22-2-20.1.5 (A.Policy 9.5) states: "Applications fora change of land use in the agricultural areas should be reviewed in accordance with all potential impacts to surrounding properties and referral agencies. Encourage applicants to communicate with those affected by the proposed land use change through the referral process." The site is located within the three (3) mile referral area of the Town of Kersey, which is located approximately one and a quarter (1.25) miles south of the corporate limits. Local, State, and Federal referral agencies were contacted for their comments concerning this proposed facility and as appropriate, their comments have been included in the staff recommendation as a Condition of Approval or a Development Standard, ensuring that there are adequate provisions for the protection of the health, safety 2020-0843 PL2735 SPECIAL REVIEW PERMIT (USR20-0002) - RICHARD AND DEBRA SHUBERT, C/O GO WIRELINE, LLC PAGE 3 and welfare of the inhabitants of the neighborhood and County, and will address and mitigate impacts on the surrounding area due to the construction of this facility. The applicant has been working with the Platte Valley Fire Department on an Emergency Action Plan that addresses the Muster point in case of emergency or unforeseen event. As a Condition of Approval prior to operation a signed Emergency Action Plan between the Fire Department, Office of Emergency Management and the magazine bunker operator is required. The areas surrounding the site have agricultural land uses, rural residences, as well as oil and gas exploration and development. The secured magazine bunker is designed with minimal impact to the surrounding area. The application materials indicate no electric service is associated with the bunker. The existing site is in natural grasses with a rural residence and limited agricultural improvements. No additional landscaping is proposed. B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of the A (Agricultural) Zone District. 1) Section 23-3-10 — Intent, states: "Agriculture in the County is considered a valuable resource, which must be protected from adverse impacts resulting from uncontrolled and undirected business, industrial and residential land uses. The A (Agricultural) Zone District is established to maintain and promote agriculture as an essential feature of the County. the A (Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production, and for areas for natural resource extraction and energy development, without the interference of other, incompatible land uses."This code section allows the applicant to apply for a Use by Special Review permit for the subject explosive magazine facility, which is related to energy development and is more intense than Uses Allowed by Right. 2) Section 23-3-40.W — Uses by special review, of the Weld County Code states: "Oil and gas support and service."This code section allows the applicant to apply for the explosive storage magazine facility. The explosives and associated articles are used in the down-hole hydraulic fracturing process, which is part of oil and gas extraction. C. Section 23-2-230.B.3—The uses which will be permitted will be compatible with the existing surrounding land uses. The adjacent lands consist of pastures, crops, and rural residences with limited oilfield development. The closest residences are located more than 500 feet from the proposed ATF permitted magazine bunker and meet the minimum ATF setback requirements. There are several USR within one (1) mile of the site. 2020-0843 PL2735 SPECIAL REVIEW PERMIT (USR20-0002) - RICHARD AND DEBRA SHUBERT, 0/O GO WIRELINE, LLC PAGE 4 USR-570 for two (2) Single-Family Dwellings on a parcel and USR18-0032 for Mineral Resources Development Facilities are located to the north; to the west is the DCP Lucerne Gas Plant, 2MJUSR18-12-1792 and multiple high pressure natural gas lines, to the south is a 16-inch natural gas pipeline, USR13-0004, an equestrian facility, USR-663 and a kennel with a second dwelling, USR-1701; to the east are irrigated lands associated with a center pivot. The Weld County Department of Planning Services sent notice to 16 surrounding property owners. Planning staff received seven (7) letters in support of the application and have received no telephone calls surrounding property owners within 500 feet of the parent parcel. The Conditions of Approval require that the applicant submit an Emergency Action and Safety Plan. The Conditions of Approval and Development Standards will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region. 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 site is located within the three (3) mile referral area of the Town of Kersey. The Town of Kersey did not return a referral response. The site is located within the Coordinated Planning Agreement (CPA) boundary of the Town of Kersey. Kersey returned signed Notice of Inquiry (NOI) form dated July 1, 2019. and provided comments regarding the request for the Town's Police Chief to be notified prior to operation. The site is not located within Regional Urbanization Area (RUA). E. Section 23-2-230.6.5 — The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The property is not within the Geologic Hazard Overlay District, a Special Flood Hazard Area, MS4 area or the Airport Overlay District. Building Permits issued on the lot will be required to adhere to the fee structure of the County-Wide Road Impact Fee, County Facility Fee, and 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 proposed facility is located on approximately two (2) acres of High Potential Dry Cropland — Prime if they become Irrigated, per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The entire property is comprised of 20.23 acres of High Potential Dry Cropland — Prime if they become Irrigated, and 17.22 acres of Irrigated Land Not Prime and is utilized for grazing. G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County 2020-0843 PL2735 SPECIAL REVIEW PERMIT (USR20-0002) - RICHARD AND DEBRA SHUBERT, CIO GO WIRELINE, LLC PAGE 5 Code), Conditions of Approval and Development Standards can 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 Richard and Debra Shubert, do Go Wireline, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR20-0002, for Oil and Gas Support and Service (magazine bunker storage of explosives utilized in fracking of oil and gas wells) 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 map: A. SUBX19-0015 shall be recorded prior to USR20-0002. B. The applicant shall submit a recorded copy of any agreement signed by all the owners of the property crossed by the access. The access shall be for ingress, egress, utilities and shall be referenced on the USR map by the Weld County Clerk and Recorder's Reception number. C. The applicant shall submit a Decommissioning Plan to the Department of Planning Services for review and approval. D. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR20-0002. 2) The attached Development Standards. 3) The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. 4) The applicant shall show and label the location of proposed explosive magazines and any other proposed improvements, including the extent of the gravel area. 5) The applicant shall show and label the location of Subdivision Exemption SUBX19-0015 boundary for reference. 6) County Road 53 is a paved road and is designated on the Weld County Functional Classification Map as a collector road, which requires 80 feet of right-of-way at full buildout. The applicant shall delineate and label the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road on the site map or plat. All setbacks shall be measured from the edge of the right-of-way. This road is maintained by Weld County. 2020-0843 PL2735 SPECIAL REVIEW PERMIT (USR20-0002) - RICHARD AND DEBRA SHUBERT, C/O GO WIRELINE, LLC PAGE 6 7) The applicant shall show and label the approved access location. 8) The applicant shall show and label a 30-foot minimum access and utility easement to provide legal access to the site on the site plan. 9) The applicant shall show and label the drainage flow arrows. 10) The applicant shall show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. 11) The applicant shall show and label the location of the emergency signage. The applicant shall include a drawing and dimensions of the sign on the USR map. Signs shall adhere to Chapter 23, Article IV, Division 2, Section 23-2-240.A.12 and Appendices 23-C, 23-D and 23-E of the Weld County Code. 12) The applicant shall show and label the location of the security fence and gate, if applicable. 13) The applicant shall show and label the location of the employee gravel parking area, if applicable. 14) The applicant shall show and label the location of the trash collection area, if applicable. Section 23-3-240.A.13 of the Weld County Code addresses the issue of trash collection areas. 15) The applicant shall show and label any lighting, if applicable. All lighting shall be downcast and shielded so that light rays will not shine directly onto adjacent properties. 16) The applicant shall show and label the setback radiuses for existing oil and gas tank batteries and wellheads, if applicable. Setback requirements are located in Section 23-3-50.E of the Weld County Code. 17) County Road 53 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80 feet of right-of-way at full buildout. The applicant shall delineate and label the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road on the plat. If the existing right-of-way cannot be verified, it shall be dedicated. The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code Sec. 23-1-90, the required setback is measured from the future right-of-way line. This road is maintained by Weld County. 2020-0843 PL2735 SPECIAL REVIEW PERMIT (USR20-0002) - RICHARD AND DEBRA SHUBERT, CIO GO WIRELINE, LLC PAGE 7 18) The applicant shall show and label all recorded easements and rights-of-way on the map by book and page number or reception number. 19) The applicant shall show and label the drainage flow arrows. 20) The applicant shall show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. 21) The map shall delineate the existing landscaping and proposed screening. 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within 120 days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map not be recorded within the required 120 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. 4. Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. B. The applicant must obtain an Access Permit in the approved location. 5. Prior to Operation: A. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility operator, the Fire District and the Weld County Office of Emergency Management. Submit evidence of acceptance to the Department of Planning Services. B. Representatives for Go Wireline, LLC, shall contact the Town of Kersey Police Chief to provide notification of the facility operation. 2020-0843 PL2735 SPECIAL REVIEW PERMIT (USR20-0002) - RICHARD AND DEBRA SHUBERT, C/O GO WIRELINE, LLC PAGE 8 6. The Use by Special Review is not perfected until the Conditions of Approval are completed and the map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of May A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dith,,t) Ci,,,/v• •aC1�►•(di Mike Freeman, Chair Weld County Clerk to the Board _ Steve M eno, Pro-Tern BY: eputy Clerk to the Board 4 � sc tt . James AP ED " >♦� =arbara Kirkm- •un Attorney ! ��� (U N � Kevin D. Ross Date of signature: '►s— " 2020-0843 PL2735 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS RICHARD AND DEBREA SHUBERT C/O GO WIRELINE, LLC USR20-0002 1. The Site Specific Development Plan and Use by Special Review Permit, USR20-0002, for Oil and Gas Support and Service (magazine (bunker) storage of explosives utilized in fracking of oil and gas wells) in the A (Agricultural) Zone District, is 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. This is an unmanned facility. Employees will only temporarily access the site to store and retrieve explosive articles. No other operations or activities are permitted. No outdoor storage is permitted. 4. The operator shall notify the Department of Planning Services when the explosive storage magazine facility is decommissioned or removed from the property. 5. The facility shall adhere to the best management practices of the Institute for Makers of Explosives (IME). 6. The parking area on the site shall be maintained. 7. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. 8. The existing landscaping and proposed screening on the site shall be maintained. 9. The property owner shall maintain compliance with the approved Decommissioning Plan. 10. The property owner or operator shall provide written evidence of an approved Emergency Action and Safety Plan on or before March 15th of any given year signed by representatives for the Fire District and the Weld County Office of Emergency Management to the Department of Planning Services. 11. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 12. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off-site tracking. 13. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized. 14. Any work that may occupy and/or encroach upon any County rights-of-way or easement shall acquire an approved Right-of-Way Use Permit prior to commencement. 2020-0843 PL2735 DEVELOPMENT STANDARDS (USR20-0002) - RICHARD AND DEBRA SHUBERT, C/O GO WIRELINE, LLC PAGE 2 15. The historical flow patterns and runoff amounts on the site will be maintained. 16. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30 20 100.5) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 17. 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, C.R.S. §30-20-100.5. 18. 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. The applicant shall operate in accordance with Chapter 14, Article I, of the Weld County Code. The accepted Waste Handling Plan shall be adhered to. 19. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's Air Quality Regulations. 20. Adequate drinking, handwashing, and toilet facilities shall be provided for employees or contractors, at all times. For employees or contractors on site for less than two (2) consecutive hours a day, portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County, contain hand sanitizers and be screened from existing adjacent residential properties and public rights-of-way. 21. The operation shall comply with the Colorado Department of Labor and Employment, Division of Oil and Public Safety Explosive Regulations (7 C.C.R. 1101-9), as well as the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) regulations. 22. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 23. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in accordance with the map. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. 24. Building permits may be required, for any new construction or set up manufactured structure, per Section 29-3-10 of the Weld County Code. A building permit application must be completed and submitted. Buildings and structures 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: 2018 International Building Codes, 2006 2020-0843 PL2735 DEVELOPMENT STANDARDS (USR20-0002) - RICHARD AND DEBRA SHUBERT, C/O GO WIRELINE, LLC PAGE 3 International Energy Code, 2017 National Electrical Code, and Chapter 29 of the Weld County Code. A plan review shall be approved, and a permit must be issued prior to the start of construction. 25. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 26. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment 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 Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 27. 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. 28. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within three (3) years from the date of Board of County Commissioners signed Resolution, unless otherwise specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall be vacated. 29. This Use by Special Review shall terminate when the use is discontinued for a period of three (3) consecutive years, the use of the land changes or the time period established by the Board of County Commissioners through the approval process expires. The landowner may notify the Department of Planning Services of a termination of the use, or Planning Services staff may observe that the use has been terminated. When either the Department of Planning Services is notified by the landowner, or when the Department of Planning Services observes that the use may have been terminated, the Planner shall send certified written notice to the landowner asking that the landowner request to vacate the Use by Special Review Permit. 30. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under Title 34, of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and persons moving into these areas must recognize the various impacts associated with this development. Oftentimes, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these 2020-0843 PL2735 DEVELOPMENT STANDARDS (USR20-0002) - RICHARD AND DEBRA SHUBERT, C/O GO WIRELINE, LLC PAGE 4 resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 31. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the Weld County Code, shall be placed on the map and recognized at all times. 2020-0843 PL2735 Hello