HomeMy WebLinkAbout20193290.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR19-0019, FOR OIL AND GAS SUPPORT AND SERVICE (STORAGE AND
STAGING YARD FOR OIL AND GAS EQUIPMENT ALONG WITH AN EXISTING
OFFICE/SHOP BUILDING, EXISTING WELDING SHOP, EXISTING EQUIPMENT
STORAGE BUILDING, EXISTING FIELD MEASUREMENT AND CALIBRATION
BUILDING AND UP TO TWENTY-FIVE (25) CARGO CONTAINERS FOR STORAGE
OF VALVES, FITTINGS AND ELECTRICAL ITEMS) IN THE A (AGRICULTURAL)
ZONE DISTRICT - CRESTONE PEAK RESOURCE HOLDINGS, 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 31st day of
July, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Crestone Peak Resource Holdings, LLC, 1801 California St., Suite 2500,
Denver, Colorado 80202, for a Site Specific Development Plan and Use by Special Review
Permit, USR19-0019, for Oil and Gas Support and Service (storage and staging yard for oil and
gas equipment along with an existing office/shop building, existing welding shop, existing
equipment storage building, existing field measurement and calibration building and up to
twenty-five (25) cargo containers for storage of valves, fittings and electrical items) in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot B of Recorded Exemption, RECX18-0083; being
part of the SE1/4 of Section 28, Township 1 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, Board deemed it advisable to continue the matter to
August 21, 2019, to allow adequate time to develop a Landscape and Screening Plan, and
WHEREAS, on August 21, 2019, the applicant was present, 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:
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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 22-5-100.A (OG.Goal 1) states: "Promote the reasonable
and orderly exploration and development of oil and gas mineral
resources." The proposed use is in an area that can support this
development and the existing screening, Conditions of Approval
and the Development Standards and will assist in mitigating the
impacts of the facility on the adjacent properties and ensure
compatibility with surrounding land uses and the region. The
property borders the Dry Creek Regional Urbanization Area (RUA)
to the west, north, and east. These locations are identified as buffer
areas on the Dry Creek RUA map.
2) Section 26-4-90.B.3 states: "Buffer development and oil and gas
operations areas: A landscape buffer should be employed for the
outer fifty (50) feet of the setback from an oil and gas well or
operations area. This buffer area may be used for underground
utilities, sidewalks, trails and/or parking, and must be landscaped
with grasses, vertical landscaping or shallow -rooted landscaping."
The site borders an existing injection well facility to the north, a
compressor station facility to the northwest (approved in 2018, and
incorporates a 50 -foot landscape buffer), another oil and gas
support operation to the southwest, and a natural gas quality control
station (Public Service) is located on the property to the east.
Wellheads and tank batteries border the facility to the east. A
Condition of Approval is attached requiring the applicant to submit
a Landscape and Screening Plan that adheres to the Dry Creek
RUA requirements.
B. Section 23-2-230.6.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-40.A.2 of the Weld County Code provides for Mineral
Resource Development, Oil and Gas Support and Service in the
A (Agricultural) Zone District.
2) 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."
C. Section 23-2-230.B.3 —The uses which will be permitted will be compatible
with the existing surrounding land uses. The site consists of an existing
storage yard and buildings. The site is located adjacent to an injection well
and off-load terminal (approved under USR15-0067), and a compressor
station facility (for up to eight (8) compressors) to the north and northwest.
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A natural gas control station (3rd AMUSR-778) is located to the east and
another injection well facility (MUSR12-0003) is partially surrounded by the
site to the southeast. The nearest residences are located approximately
900 feet to the south, 600 feet to the west (along County Road 4), and
1,500 feet to the north. The applicant sent a letter explaining the request to
surrounding property owners within 500 feet of the site in July 2018. The
application indicates that no response was received. The Conditions of
Approval require that the applicant submit an Emergency Action and Safety
Plan, an Improvements Agreement (for roads and traffic), and a
Landscaping/Screening 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 areas of
Brighton, Dacono, Fort Lupton, Northglenn and Adams County. No referral
response has been received from the municipalities or county.
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
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 approximately 48.66 acres
delineated as "Prime," "Prime If Irrigated," and "Hi Potential Dry Cropland
— Prime if Irrigated," per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The property is currently not in production
(it has been used for oil and gas and is covered with existing buildings,
storage and access improvements).
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 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 Crestone Peak Resource Holdings, LLC, for a Site
Specific Development Plan and Use by Special Review Permit, USR19-0019, for Oil and Gas
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Support and Service (storage and staging yard for oil and gas equipment along with an existing
office/shop building, existing welding shop, existing equipment storage building, existing field
measurement and calibration building and up to twenty-five (25) cargo containers for storage of
valves, fittings and electrical items) 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. The applicant shall submit a request to vacate USR-589, and all
amendments to USR-589.
B. An Improvements and Road Maintenance Agreement is required for off -site
improvements at this location. Road maintenance includes, but is not
limited to, dust control and damage repair to specified haul routes. The
Agreement shall include provisions addressing engineering requirements,
submission of collateral, and testing and approval of completed
improvements.
C. A Final Drainage Report and Certification of Compliance, stamped and
signed by a Professional Engineer registered in the State of Colorado, is
required.
D. The applicant shall attempt to address the requirements of the Brighton
Fire Protection District, as stated in the referral response dated
April 25, 2019. Written evidence of such shall be submitted to the Weld
County Department of Planning Services.
E. The applicant shall submit a Lighting Plan for review and approval by the
Department of Planning Services, in accordance with the Dark Sky Policy
and the Weld County Code.
F. The applicant shall submit a Screening/Landscape Plan that screens the
site from the surrounding property owners and the right-of-way, for review
and approval by the Department of Planning Services. The
Screening/Landscape Plan shall include/incorporate the 50 -foot landscape
buffer, as delineated in Section 26-4-90 of the Weld County Code. An
Irrigation Plan shall be submitted with the Screening/Landscape Plan.
G. The plat shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0019.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
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4) The applicant shall delineate the trash collection areas on the map.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) The map shall delineate the approved landscaping and/or
screening.
6) The map shall delineate the lighting, which shall adhere to the Weld
County Code.
7) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code.
8) County Road 19 is a paved road and is designated on the Weld
County Functional Classification Map as an arterial road, which
requires 140 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) County Road 4 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 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.
10. The applicant shall show and label the approved access locations,
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(s) prior to operation.
11) The applicant shall show and label the approved tracking control on
the site plan.
12) 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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13) 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.
14) The applicant shall show and label the drainage flow arrows.
15) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
16) The applicant shall show and label all recorded easements on the
map by book and page number or reception number and date on
the site plan.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) paper copy or 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 one hundred twenty (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 one hundred
twenty (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 prior to the start of construction.
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. The applicant shall
submit evidence of acceptance to the Department of Planning Services.
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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 21st day of August, A.D., 2019.
ATTEST:e `ki`; 11
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPROVED AS TO FOR
/44, County Attorney
Date of signature: OCVI0 F
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL•RADO
Iarbara Kirkmeyer, hair
Mike Freeman, Pro -Tern
Sean P� Conway
James
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CRESTONE PEAK RESOURCE HOLDINGS, LLC
USR19-0019
1. The Site Specific Development Plan and Use by Special Review Permit, USR19-0019, is
for Oil and Gas Support and Service (storage and staging yard for oil and gas equipment
along with an existing office/shop building, existing welding shop, existing equipment
storage building, existing field measurement and calibration building and up to twenty
five (25) cargo containers for storage of valves, fittings and electrical items) 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 hours of operation are 7:00 a.m. - 5:00 p.m., Monday — Friday.
4. The number of on -site employees shall be one (1), as stated in the application materials.
5. In addition to the on -site employee, up to four (4) contractors and thirty-five (35) truck
drivers may access the site on a daily basis, as stated in the application materials.
6. 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.
7. The landscaping and screening on the site shall be maintained, in accordance with the
approved Landscape and Screening Plan.
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 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.
10. 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.
11. 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.
12. 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.
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13. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges
in accordance with the rules and regulations of the Water Quality Control Commission and
the Environmental Protection Agency.
14. 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.
15. 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.
16. 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.
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.
17. As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in
accordance with the applicable provisions of 40 CFR, Part 112, shall be available.
18. 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.
19. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
20. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as delineated in C.R.S. §25-12-103.
21. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Wastewater Treatment Systems. A permanent,
adequate water supply shall be provided for drinking and sanitary purposes.
22. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
23. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Article I and II, of the Weld County Code.
24. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
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25. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
26. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall require an approved Right -of -Way Use Permit prior to commencement.
27. The property owner shall comply with all requirements provided in the executed
Improvements Agreement.
28. The Improvements Agreement for this site may be reviewed on an annual basis, including
a site visit and possible updates.
29. The historical flow patterns and runoff amounts on the site will be maintained.
30. Weld County is not responsible for the maintenance of on -site drainage related features.
31. 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.
32. 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 has been adopted by Weld County: 2018 International Building Codes, 2006
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.
33. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
34. 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.
35. 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
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permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
36. 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.
37. 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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