HomeMy WebLinkAbout20181634.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND MAJOR AMENDED USE BY
SPECIAL REVIEW PERMIT, 1 MJUSRI8-15-0078, FOR MINERAL RESOURCE
DEVELOPMENT, INCLUDING OIL AND GAS SUPPORT AND SERVICE (STORAGE
OF TANKS, VESSELS, PIPE RACKS, OTHER OIL AND GAS PRODUCTION
EQUIPMENT AND MORE THAN TWO (2) CARGO CONTAINERS AS ACCESSORY
STRUCTURES) TO ALSO INCLUDE A NATURAL GAS COMPRESSOR STATION
(WITH UP TO FOUR (4) NATURAL GAS -POWERED COMPRESSORS, STORAGE
BUILDINGS, TANKS, PRODUCTION EQUIPMENT, METERS, FENCING AND
OUTDOOR LIGHTING) IN THE A (AGRICULTURAL) ZONE DISTRICT - HIGHPOINT
RESOURCES CORPORATION
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
May, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of HighPoint Resources Corporation, 1099 18th Street, Suite 2300, Denver, CO
80220, for a Site Specific Development Plan and Major Amended Use by Special Review Permit,
1MJUSR18-15-0078, for Mineral Resource Development, including Oil and Gas Support and
Service (storage of tanks, vessels, pipe racks, other oil and gas production equipment and more
than two (2) cargo containers as accessory structures) to also include a Natural Gas Compressor
Station (with up to four (4) natural gas -powered compressors, storage buildings, tanks, production
equipment, meters, fencing and outdoor lighting) in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
Lot B of Recorded Exemption, RECX14-0110; being
part of the E1/2 SE1/4 of Section 27, Township 5
North, Range 61 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, 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.B of the Weld County Code as follows:
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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 22-2-10.D states: "Extraction of natural resources is an
important part of the economy of the County. Such extraction
operations should minimize the impacts to agricultural lands and
agricultural operations." The storage yard and the compressor
station will support oil and gas related activities in the surrounding
region. It will be located on lands, owned by a HighPoint Resources
Corporation subsidiary, that are currently non -irrigated rangelands
located in a rural area with existing oil and gas activity. The
compressor station will also limit the need for other stations like it in
the immediate region. This will further minimize the impacts that
current and future oil and gas production facilities will have on the
ongoing agricultural operations in the surrounding region.
2) Section 22-2-80.F (I.Goal 6) states: "Minimize the incompatibilities
that occur between industrial uses and surrounding properties."The
proposed facility is located in a sparsely occupied area of the
County and is surrounded by dryland agricultural properties having
low -density residential development and many oil and gas
encumbrances.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-40.A.2 of the Weld County Code allows for mineral
resource development facilities including oil and gas support and
service though approval of a Use by Special Review Permit in the
A (Agricultural) Zone District. Also, Section 23-3-40.BB allows for
more than two (2) cargo containers as an accessory structure in the
A (Agricultural) Zone District upon approval of the Use by Special
Review Permit.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The proposed facility is surrounded
by dryland prairie and dryland agricultural properties comprised of very
low -density development and oil and gas wells. The NGL Water Solutions
DJ, LLC, C-11 Class II Brine -water Disposal Facility is located immediately
adjacent to this site. There are nine properties and thirteen property owners
within five hundred feet of the proposed facility. Rural residential properties
are 1.5 to 2 miles west of the proposed facility. The Department of Planning
Services has received no telephone calls or correspondence regarding this
land use 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
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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) or Coordinated Planning Agreement area of a
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
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 80 acres of "Other
Lands," per the 1979 Soil Conservation Service Important Farmlands of
Weld County Map, and therefore, will not be taking Prime 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 HighPoint Resources Corporation, for a Site Specific
Development Plan and Major Amended Use by Special Review Permit, 1 MJUSRI8-15-0078, for
Mineral Resource Development, including Oil and Gas Support and Service (storage of tanks,
vessels, pipe racks, other oil and gas production equipment and more than two (2) cargo
containers as accessory structures) to also include a Natural Gas Compressor Station (with up to
four (4) natural gas -powered compressors, storage buildings, tanks, production equipment,
meters, fencing and outdoor lighting) 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. During construction, an Improvements Agreement and Road Maintenance
Agreement is required for this site. Road maintenance including, dust
control, damage repair, and triggers for improvements will be included.
B. An accepted Final Drainage Report stamped and signed by a Professional
Engineer registered in the State of Colorado is required.
C. The map shall be amended to delineate the following:
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1) All sheets of the map shall be labeled 1 MJUSRI 8-15-0078.
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 on the map the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) The map shall delineate all existing and proposed outdoor lighting.
The lighting will need to adhere to Section 23-2-250.D of the Weld
County Code.
6) 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.
7) Show and label all recorded easements and rights -of -way on the
map by book and page number or reception number and date on
the site plan map.
8) County Road 52 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 map the existing right-of-way. This road is
maintained by Weld County.
9) County Road 93 Section Line is shown to have 60 feet of
unmaintained section line right-of-way. The applicant shall
delineate the existing right-of-way on the site plan map.
10) Show and label the section line right-of-way as "CR 93 Section Line
Right -of -Way, not County maintained."
11) Show and label the approved access locations, 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.
12) 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
and drainage flow arrows. Stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include
the calculated volume.
14) 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 an
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. 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 State Plane 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 prior to the start of construction.
B. A Right -of -Way Permit is required for any work within the public
right-of-way.
C. A Special Transport Permit is required for any over size or over weight
vehicles.
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6. 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.
7. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder 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 May, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD OUNTY, COLORADO
ATTEST: dit.441
St
Weld County Clerk to the Board
BY:
Deputy CI
AP
County Attorney
Mike Freeman
Date of signature: 07- to -fa
Sean P. Conway
EXCUSED
Julie A. Cozad
(
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HIGHPOINT RESOURCES CORPORATION
1 MJUSRI8-15-0078
1. The Site Specific Development Plan and Major Amended Use By Special Review Permit,
1 MJUSRI8-15-0078, is for Mineral Resource Development, including Oil and Gas Support
and Service (storage of tanks, vessels, pipe racks, other oil and gas production equipment
and more than two (2) cargo containers as accessory structures) to also include a Natural
Gas Compressor Station (with up to four (4) natural-gas powered compressors and associated
storage buildings, tanks, production equipment, meters, fencing and outdoor lighting) 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 24 hours a day, seven days a week, as stated by the applicant.
4. This is an unmanned facility, as stated by the applicant.
5. 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.
6. 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 plan. 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.
7. 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.
8. 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.
9. 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.
10. 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.
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11. 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.
12. 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.
13. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone, as delineated in C.R.S. §25-12-103.
14. Adequate drinking, handwashing and toilet facilities shall be provided for employees, at
all times. For employees or contractors on -site for less than two (2) consecutive hours a
day, and two (2) or less full-time employees on -site, 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.
15. All potentially hazardous chemicals 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) Rule 604 and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations.
17. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
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. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR, Part 112, shall be available on -site or as applicable.
20. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the
Water Quality Control Division of the Colorado Department of Public Health and
Environment (CDPHE), as applicable.
21. The facility shall notify the County of any revocation and/or suspension of any State -issued
permit.
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22. 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.
23. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
24. 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.
25. The historical flow patterns and runoff amounts on the site will be maintained.
26. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
27. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
28. 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.
29. The property owner shall comply with all requirements provided in the executed
Improvements Agreement.
30. Weld County is not responsible for the maintenance of on -site drainage related features.
31. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2012 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.
32. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
33. 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.
34. 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.
35. 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.
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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