HomeMy WebLinkAbout20190369.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0096, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES
INCLUDING OIL AND GAS SUPPORT AND SERVICE FACILITIES (STORAGE AREA
FOR FRESH WATER PIPELINES AND RELATED PIPELINE EQUIPMENT, PARKING
FOR EMPLOYEE VEHICLES AND A 7,380 -SQUARE -FOOT FIELD OPERATIONS
BUILDING) IN THE A (AGRICULTURAL) ZONE DISTRICT - TAPROOT ROCKIES
MIDSTREAM, 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 30th day of
January, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Taproot Rockies Midstream, LLC, 518 17th St., Suite 1800, Denver, Colorado
80202, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0096,
for Mineral Resource Development Facilities including Oil and Gas Support and Service Facilities
(storage area for fresh water pipelines and related pipeline equipment, parking for employee
vehicles and a 7,380 -square -foot field operations building) in the A (Agricultural) Zone District, on
the following described real estate, being more particularly described as follows:
Lot A of RECX18-0115; being part of the N1/2 SE1/4
of Section 11, Township 8 North, Range 61 West of
the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Tim Naylor,
AGPROfessionals, LLC, 3050 67th Avenue, Greeley, Colorado 80634, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.6 of the Weld County Code as follows:
A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.G (A.Goal 7) states: "County land use regulations
should protect the individual property owner's right to request a
land use change." The applicant acquired the dryland agricultural
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property, in June 2018, utilizing the commercial building for the
midstream business. The proposed facility is in close proximity to
the current Taproot Rockies field operations, as the employees
based out of this site will inspect and maintain petroleum pipelines
and water conveyance and delivery infrastructure.
2) 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 land that Taproot
is proposing to convert to a commercial/light-industrial use is
non -irrigated rangeland that is located in a rural area where there is
a significant amount of oil and gas activity and limited residential
development, primarily north and south on County Road 95.
3) Section 22-2-20.1.5 (A.Policy 9.5) states: "Applications for a
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-mile
referral area of a municipality or a County. Local and State referral
agencies were contacted for their comments concerning this
proposed facility and, as appropriate, their comments have been
included as a Condition of Approval or a Development Standard.
Planning staff has not received any correspondence or telephone
calls in opposition of this application.
4) Section 22-5-100.A.2 (OG.Policy 1.2) states: "Oil and gas support
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
[Weld County] Code. " The proposed Taproot Facility site is located
in a sparsely populated area of the County where there is already a
significant amount of oil and gas development. The applicant is
proposing to re -use existing infrastructure for the business. Once
operational, the site will produce limited traffic and the impact on
the surrounding land will be minimal.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Citing the Weld County Code, Section
23-3-40.A.2 provides for a Site Specific Development Plan and Special
Review Permit for Mineral Resource Development facilities including Oil
and Gas Support and Service (storage area for fresh water pipelines and
related pipeline equipment, parking for employee vehicles and a 7,380 -
square -foot field operations building) the A (Agricultural) Zone District.
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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
without the interference of other, incompatible land uses. 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. The A (Agricultural) Zone District regulations are established to
promote the health, safety and general welfare of the present and future
residents of the County. The proposal meets the intent of the
A (Agricultural) Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The Taproot property and
surrounding areas are rangeland that is used for cattle grazing and oil and
gas facilities with limited residential development. The proposed facility will
be similar in use and smaller in scale compared to the surrounding land
uses located near the subject property. There are seven (7) property
owners within 500 feet of the proposed facility and there are no residences
in the immediate area, although there are several residences on large
dryland parcels located north and south of this property on County Road 95.
Planning staff has not received any correspondence or telephone calls
concerning this application.
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 not located within a three (3) mile referral area of
any municipality, nor is it located within any existing Intergovernmental
Agreement Area (IGA) of a municipality.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23, Article
XI, of the Weld County Code. The site is not in a Special Flood Hazard,
Geologic Hazard or the Airport Overlay area. Building Permits issued on
the lot will be required to adhere to the fee structure of the County -Wide
Road Impact Fee, the 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 within a 10.75 -acre tract of land
identified as having 6.5 acres of "Other Lands" and 4.2 acres of "High
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Potential Dry Cropland - Prime if they Become Irrigated" per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. As there
is no irrigation water associated with the proposed facility and currently no
irrigation located on the site, no prime agricultural lands will be taken out of
production.
G. Section 23-2-230.B.7 — There is adequate provisions for the protection of
the health, safety, and welfare of the inhabitants of the neighborhood and
County. 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 Taproot Rockies Midstream, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0096, for Mineral Resource
Development Facilities including Oil and Gas Support and Service Facilities (storage area for
fresh water pipelines and related pipeline equipment, parking for employee vehicles and a 7,380 -
square -foot field operations building) 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 map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0096.
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 delineate the trash collection areas. Section
23-3-350.H of the Weld County Code addresses the issue of trash
collection areas.
5) The applicant shall delineate the outdoor storage area for pipe,
pipeline construction materials and other equipment, including
company vehicles.
6) County Road 95 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
on the site plan the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by
Weld County.
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7) The applicant shall show and label the approved access locations,
approved access width and the appropriate turning radii (60') on the
site plan. The applicant must obtain an access permit in the
approved location(s) prior to construction.
8) 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.
9) The applicant shall show 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.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) paper copy or (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 added for each additional three (3)
month period.
4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable format is a projected ESRI
shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983
UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS
0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us.
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
B. A Change of Use Permit application must be submitted for converting the
structure into a commercial building. A code analysis, floor plan with rooms
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labeled, and architectural details showing compliance with Accessibility
and Egress Regulations will be required with application.
C. Additionally, "As-builts Reports" will be required, since the structure was
built, and utilities were installed without proper Building Permits.
D. A Fire District Notification letter shall be submitted to the Fire District with
jurisdiction for review and comments and submitted with the Commercial
Permit application to Weld County.
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 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 30th day of January, A.D., 2019.
ATTEST: dia.,
Weld County Clerk to the Board
BY:
Deputy Cler
to the Board
APPROVED AS T
orney
Date of signature: 2-12- t'
BOARD OF COUNTY COMMISSIONERS
WE,I�D COUNTY, COLQRADO
- Ak-Q`'���
arbara Kirkmeyer, hair
Mike Freeman, Pro-Tem
K. James
i
Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TAPROOT ROCKIES MIDSTREAM, LLC
USR18-0096
1. A Site Specific Development Plan and Use By Special Review Permit, USR18-0096, is for
Mineral Resource Development Facilities including Oil and Gas Support and Service
Facilities (storage area for fresh water pipelines and related pipeline equipment, parking
for employee vehicles and a 7380 -square -foot field operations building) 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 employees principally employed at the facility is limited to six (6) persons
per day, as stated by the applicant.
4. 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.
5. The outdoor storage area for pipe, pipeline construction materials and other equipment,
including company vehicles does not require screening.
6. 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.
7. 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.
8. 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.
9. 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.
10. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Wastewater Treatment Systems.
11. Adequate drinking, hand washing and toilet facilities shall be provided for employees, at
all times. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
12. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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13. Sources of light shall be shielded so that beams or rays of light 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.
14. 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.
15. The access on the site shall be maintained to mitigate any impacts to the public road
including damages and/or off -site tracking.
16. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
17. 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.
18. The historical flow patterns and runoff amounts on the site will be maintained.
19. 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.
20. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
21. 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.
22. 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.
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23. 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.
24. 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 person moving into these areas must
recognize the various impacts associated with this development. Often times, 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.
25. 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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