HomeMy WebLinkAbout20201667.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR20-0004, FOR OIL AND GAS STORAGE FACILITIES (FOUR (4)
200,000 BBL STORAGE TANKS, AND ASSOCIATED APPURTENANCES) IN THE
A (AGRICULTURAL) ZONE DISTRICT - COLORADO LIBERTY 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 1st day of
April, 2020, at the hour of 10:00 a.m., in the Chambers of the Board for the purpose of hearing
the application of Colorado Liberty Pipeline, LLC, 2331 City West Blvd., Houston, Texas 77042,
for a Site Specific Development Plan and Use by Special Review Permit, USR20-0004, for Oil
and Gas storage facilities (four (4) 200,000 BBL storage tanks, and associated appurtenances)
in the A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lots A and B of Recorded Exemption, RE-3171;
being part of the W1/2 NE1/4 of Section 26,
Township 3 North, Range 65 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, because of the 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, at 10:00 a.m., and
WHEREAS, on May 13, 2020, the Board, having been fully informed, deemed it advisable
to continue the matter to June 10, 2020, to allow the matter to be heard by the Planning
Commission on May 19, 2020, and
WHEREAS, on June 10, 2020, the Board, having been fully informed, deemed it advisable
to continue the matter to June 17, 2020, to allow the applicant adequate time to submit a Noise
Study, and
WHEREAS, on June 17, 2020, the applicant was represented by Chad Polak, Phillips 66,
3960 E. 56th Avenue, Commerce City, Colorado 80022, 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.
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SPECIAL REVIEW PERMIT (USR20-0004) — COLORADO LIBERTY PIPELINE, LLC
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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 23-2-230.6.1 — The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of
agricultural land to nonurban residential, commercial and industrial
uses should be accommodated when the subject site is in an area
that can support such development, and should attempt to be
compatible with the region."The site is located in a rural area where
there is a significant amount of oil and gas activity, including oil and
gas support and service facilities and oil and gas storage facilities.
This USR is in an area that can support this development and 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.
2) Section 22-5-100.6.6 (OG.Goal 2.6) states: "Promote the safety of
all citizens and structures that are in relatively close proximity to oil
and gas facilities." The Terminal is located adjacent to two (2)
rural residential properties and within 0.5 miles of similar oil and gas
development to the east and north. Since the Terminal will use
piping to bring oil to the tanks, it will generate very little traffic. Once
operating, there will be eight (8) employees daily, and up to 15
employees occasionally. The construction of the site will generate
some impacts because of the extra activity. During operations,
approximately 12 to 18 roundtrip passenger cars and/or trucks are
anticipated, per day. In addition, there will also be two (2) to four(4)
truck and trailer(typically a one (1)ton or one and one-half(1.5) ton
truck towing a flatbed) roundtrips, per day. Occasionally there may
be a semi with a large track hoe or crane.
3) Section 22-2-20.H (A.Goal 8) states: "Ensure that adequate
services and facilities are currently available or reasonably
obtainable to accommodate the requested new land use change for
more intensive development." The proposed facility will utilize an
approved Colorado Division of Water Resources well for drinking
and sanitary facilities. A proposed On-site Wastewater
Treatment System (OWTS) will handle the effluent flows. Access to
the facility is via an access point onto County Road 30.
4) 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 not located within the three (3) mile referral
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area of a municipality or a County. Local and state referral agencies
were contacted for comments concerning this proposed facility,
which are addressed in the Conditions of Approval or Development
Standards. Planning staff has not received any correspondence or
telephone calls concerning this application.
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, in part: "The A (Agricultural) Zone
District is also intended to provide areas for the conduct of uses by
Special Review which have been determined to be more intense or
to have a potentially greater impact than uses Allowed by Right."
This Code section allows the applicant to apply for a Use by Special
Review permit for the subject business which is more intense than
Uses Allowed by Right.
2) Section 23-3-40.V — Uses by special review, of the Weld County
Code states, "Oil and Gas Storage Facilities." This Code section
allows the applicant to apply for a USR for this use.
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, rural residences and multiple oil and gas support and
service facilities. There are two (2) residences within 500 feet of the site,
one (1) is located west of the site and the other is located east of the site.
Approximately 0.5 miles east of the site are two (2) other terminal facilities.
There are 15 USRs within one (1) mile of this site. Amended USR-1276 for
a composting facility, USR17-0036 for steel fabrication, 2nd Amended
USR19-17-0034 for a greater than 12-inch (16-20-inch) natural gas
pipeline, USR18-0007 for a greater than 12-inch high pressure natural gas
pipeline, USR18-0103 for a greater than 13-inch, (up to 20-inch crude oil)
pipeline, USR12-0030 for a roust-a-bout and excavating service,
USR-1420 for a Second Single-Family Residence, USR16-0042 for an oil
and gas storage facility with transloading, USR15-0016 for an oil and gas
storage facility and transloading, MUSR13-0011 for oil and gas storage
facilities, 3rd Amended MUSR18-07-1614 for an oil and gas storage facility,
MUSR16-0005 for oil and gas support and service, USR18-0035 for a
crude oil terminal, 2nd MUSR17-15-0012 for a crude oil polishing terminal,
and MUSR16-11-0009 for an oil and gas support and service. The Weld
County Department of Planning Services sent notice to seven (7)
surrounding property owners within 500 feet of the proposed USR
boundary. No correspondence or phone calls were received.
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
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provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is not located with an Intergovernmental Agreement
area (IGA), a Cooperative Planning Agreement area (CPA), a Regional
Urbanization Area (RUA) or Urban Growth Boundary (UGB). The site is not
located within a three (3) mile referral area of any municipality.
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
MS4, the Geologic Hazard Overlay District, a Special Flood Hazard 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.B.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 soils designated as "Other," per the
1979 Soil Conservation Service Important Farmlands of Weld County Map.
This USR will not take any "Prime (Irrigated)" Farmland out of production.
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
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 Colorado Liberty Pipeline, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR20-0004, for Oil and Gas storage
facilities (four (4) 200,000 BBL storage tanks, and associated appurtenances) 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. A Road Maintenance Agreement is required at this location. Road
maintenance includes, but is not limited to, dust control and damage repair
to specified haul routes.
B. The applicant shall submit a Communication Plan to the Department of
Planning Services for review and approval.
C. The applicant shall attempt to address the requirement of Farmer's
Reservoir and Irrigation Company, as stated in the referral response dated
February 18, 2020. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
D. The applicant shall submit a Landscaping/Screening Plan to the
Department of Planning Services for review and approval.
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E. The applicant shall submit a Noise Abatement Plan to the Department of
Planning Services for review and approval.
F. The USR map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR20-0004.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) The applicant shall delineate the trash collection areas on the map.
Section 23-2-240.A.13 of the Weld County Code addresses the
issue of trash collection areas.
5) All signs shall be shown on the map.
6) The map shall delineate the approved Landscaping/Screening
Plan.
7) The map shall delineate the parking area on the map.
8) County Road 30 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.
9) The applicant shall show and label the approved access location,
approved access width and the appropriate turning radii (60 feet)
on the site plan. The applicant must obtain an Access Permit in the
approved location prior to construction.
10) The applicant shall show and label the approved tracking control on
the site plan.
11) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
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12) The applicant shall show and label the accepted drainage features.
Stormwater ponds should be labeled as "Stormwater Detention,
No-Build or Storage Area" and shall include the calculated volume.
13) The applicant shall show and label the drainage flow arrows.
14) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
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. The approved access and tracking control shall be constructed prior to
on-site construction.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
5. Prior to Certificate of Occupancy:
A. An On-site Wastewater Treatment System (OWTS) is required for the
proposed facility and shall be installed according to the Weld County
OWTS Regulations. The septic system is required to be designed by a
Colorado Registered Professional Engineer, according to the Weld County
OWTS Regulations.
B. The applicant shall submit documentation showing the facility has a
permanent, adequate water supply for drinking and sanitary purposes.
6. Prior to Certificate of Occupancy or within one (1) month of 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
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reviewed on an annual basis by the Facility operator, the Fire District, and
the Weld County Office of Emergency Management. The applicant shall
submit evidence of acceptance to the Department of Planning Services.
7. The Use by Special Review Permit 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 17th day of June, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
��,�� WELD COUNTY, COLORADO
ATTEST: di,„4w JCI4o;(1
Mike Freeman, Chair
Weld County Clerk to the Board
- • Steve oreno, Pro-Tem
BY:
Deputy Clerk to the Board
Sc•tt . James
AP VET OR
��� t a`•'" '' *�` rbara Kirkm
Cam•un y Attorney
* f n \ / Kevin D. Ross
Date of signature: 07/13/2O `�•._.'
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
COLORADO LIBERTY PIPELINE, LLC
USR20-0004
1. The Site Specific Development Plan and Use by Special Review Permit, USR20-0004, is
for Oil and Gas storage facilities (four (4) 200,000 BBL storage tanks, and associated
appurtenances) in the A(Agricultural) Zone District, 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. The number of on-site employees shall be up to 15.
4. The hours of operation are proposed to be 24 hours a day, seven (7) days per week.
5. The applicant shall adhere to the approved Communication Plan.
6. The screening/landscaping shall be maintained, in accordance with the approved
Landscaping and Screening Plan.
7. The parking area shall be maintained.
8. 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.
9. 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.
10. 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.
11. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking.
12. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
13. 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.
14. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
15. The Road Maintenance Agreement for this site may be reviewed on an annual basis,
including a site visit and possible updates.
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16. The historical flow patterns and runoff amounts on the site will be maintained.
17. Weld County is not responsible for the maintenance of on-site drainage related features.
18. 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.
19. 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.
20. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions. The facility shall
operate in accordance with Chapter 14, Article I, of the Weld County Code.
21. 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.
22. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit Application and obtain a permit from the Air Pollution Control Division of the
Colorado Department of Public Health and Environment, as applicable.
23. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. As employees or contractors are onsite 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
and shall contain hand sanitizers. Portable toilets shall be screened from the public road
right-of-way and any adjacent properties.
24. Any septic system located on the property must comply with all provisions of the Weld
County Code pertaining to OWTS. A permanent, adequate water supply shall be provided
for drinking and sanitary purposes.
25. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the
Colorado Department of Public Health and Environment (CDPHE), Water Quality Control
Division, as applicable.
26. All potentially hazardous chemicals onsite must be handled in a safe manner, in
accordance with product labeling. All chemicals must be stored secure, on an impervious
surface, and in accordance with manufacturer's recommendations.
27. Secondary containment shall be constructed around tanks to provide containment for the
largest single tank and sufficient freeboard to contain precipitation. Secondary
containment shall be sufficiently impervious to contain any spilled or released material.
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Secondary containment devices shall be inspected at regular intervals and maintained in
good condition. All secondary containment will comply with the Colorado Oil and Gas
Conservation Commission (COGCC) Rules and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations.
28. As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in
accordance with the applicable provisions of 40 CFR, Part 112, shall be available.
29. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
30. Any contaminated soils on the facility shall be removed, treated or disposed of, in
accordance with all applicable rules and regulations. All spills will be reported to local,
state and federal agencies in accordance with all state and federal regulations.
31. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone, as delineated in C.R.S. §25-12-103.
32. The facility shall notify the County of any revocation and/or suspension of any State-issued
permit.
33. The applicant shall notify the County upon receipt of any compliance advisory or other
notice of non-compliance of a State-issued permit, and of the outcome or disposition of
any such compliance advisory or other notice of non-compliance.
34. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
35. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the Dark Sky Policy. 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.
36. Building Permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2018 International Codes,
2006 International Energy Code, and 2017 National Electrical Code. A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing the
wet stamp of a Colorado registered architect or engineer must be submitted for review. A
Geotechnical Engineering Report, performed by a Colorado registered engineer, shall be
required or an Open Hole Inspection.
37. 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.
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38. 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.
39. The property owner or operator shall be responsible for complying with all 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.
40. 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
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
41. 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.
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