HomeMy WebLinkAbout20182806.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0052, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL
AND GAS SUPPORT AND SERVICE, 60 MILLION STANDARD CUBIC FEET PER DAY
CRYOGENIC NATURAL GAS PROCESSING FACILITY AND ASSOCIATED
EQUIPMENT, ONE (1) UP TO ONE HUNDRED SIXTY (160) FEET IN HEIGHT
COMMUNICATIONS TOWER AND UP TO FIVE (5) TEMPORARY CONSTRUCTION
TRAILERS AND UP TO ELEVEN (11) TEMPORARY CONEX STORAGE CONTAINERS
IN THE A (AGRICULTURAL) ZONE DISTRICT - OUTRIGGER DJ OPERATING, 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 19th day of
September, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Outrigger DJ Operating, LLC, 1200 Seventeenth Street, Suite 900,
Denver, Colorado 80202, for a Site Specific Development Plan and Use by Special Review
Permit, USR18-0052, for Mineral Resource Development Facilities, Oil and Gas Support and
Service, 60 million standard cubic feet per day cryogenic Natural Gas Processing Facility and
associated equipment, one (1) up to one hundred sixty (160) feet in height communications tower
and up to five (5) temporary construction trailers and up to eleven (11) temporary conex storage
containers in the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
E1/2 SE1/4 of Section 25, Township 8 North, Range
62 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:
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.
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1) Section 22-2-100.E. (C.Goal 5) states: "Minimize the
incompatibilities that occur between commercial uses and
surrounding properties." The facility is located on an 80 +1- acre
parcel with all equipment fenced and gated. The proposed facility
will not result in a substantial adverse impact on the other properties
in the vicinity of the subject property. The uses which will be
permitted will be compatible with the existing surrounding land
uses. The surrounding properties are generally large, dryland
agricultural lots with oil and gas encumbrances. The nearest
residences are located approximately 3.0 miles to the west in the
townsite of Briggsdale. The proposed Conditions of Approval and
Development Standards address lighting, screening, noise
standards, access and tracking control. The Department of
Planning Services has not received any comments from the
surrounding property owners or other interested persons regarding
the proposed modification. The proposed use is in an area that can
support this development and the existing screening, 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.
B. Section 23-2-230.6.2 -- 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
Use by Special Review Permit for Mineral Resource Development
Facilities, Oil and Gas Support and Service, Natural Gas Processing
Facilities and related equipment and structures, and Section 23-3-40.K
allows for a Telecommunication Tower in the A (Agricultural) Zone District.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The existing site is surrounded by
dryland agricultural fields and there are no residences in the immediate
area. Outrigger DJ Operating, LLC, is committed to mitigating potential
off -site lighting and noise impacts generated by this facility and will, through
a combination of equipment changes and engineering measures, maintain
and comply with the applicable noise standard for the proposed Makena
Gas Plant. Once the construction is completed, the disturbed area will be
replanted with native grasses compliant with the Weld County, seed mix
requirements. There is a residence located approximately one (1) mile to
the southwest of the proposed facility and there are four (4) Use by Special
Review Permits within two miles of the proposed facility. To the west is
USR-1750 for a 300 -foot communications tower permitted in 2010; to the
south is the Sterling Energy Compressor Station, USR15-0071, permitted
in 2016; and to the east is the Sterling Energy Compressor Station,
USR15-0069, and for an electric Transmission Line, USR18-0062.
D. Section 23-2-230.6.4 -- 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 the three (3) mile referral area
of an incorporated municipality or County.
E. Section 23-2-230.6.5 -- The application complies with Chapter 23, Articles
V and XI, of the Weld County Code. The site is not in a floodplain, geologic
hazard area or 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 gas plant expansion will be located on approximately
8.2 acres of "High Potential Dry Cropland — Prime if they become Irrigated"
and approximately 72.7 acres of "Other Land," per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. There is
no irrigation water associated with the parcel and, therefore, the property
owner will not be taking any prime agricultural land out of production.
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 Outrigger DJ Operating, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0052, for Mineral Resource
Development Facilities, Oil and Gas Support and Service, 60 million standard cubic feet per day
cryogenic Natural Gas Processing Facility and associated equipment, one (1) up to one hundred
sixty (160) feet in height communications tower and up to five (5) temporary construction trailers
and up to eleven (11) temporary conex storage containers 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 USR map:
A. The applicant shall verify the unmaintained County Road 85 right-of-way
prior to recording the USR map.
B. The Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado is
required.
C. The applicant shall develop a Lighting Plan for review and approval, in
accordance with the Weld County Code.
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D. The applicant shall develop a Noise Mitigation Plan for review and approval
by the Department of Planning Services.
E. The applicant shall develop a Decommissioning Plan for review and
approval by the Department of Planning Services.
F. The applicant shall develop a Sign Plan in compliance with Chapter 23,
Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld
County Code and submit to the Department of Planning Services for review
and approval.
G. Prior to Recording the USR Map, the map shall be amended to delineate
the following:
1) All sheets of the map shall be labeled USR18-0052.
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. Section
23-3-350.H of the Weld County Code addresses the issue of trash
collection areas.
5) County Road 85 Section Line is shown to have 60 feet of
unmaintained section line right-of-way, per the Weld County GIS
right-of-way, map. The applicant shall delineate the existing
right-of-way on the site plan.
6) The applicant shall show and label the section line Right -of -Way as
"CR 85 Section Line Right -of -Way, not County maintained."
7) 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.
8) 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) or one (1) printed copy 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
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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 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. The applicant shall submit evidence of a Right -of -Way Permit for any work
that may be required in the right-of-way.
6. Prior to the issuance of the Certificate of Occupancy:
A. An On -site Wastewater Treatment System is required for the proposed
facility and shall be installed according to the Weld County On -site
Wastewater Treatment, System Regulations. The septic system is required
to be designed by a Colorado Registered Professional Engineer according
to the Weld County On -site Wastewater Treatment System Regulations.
7. 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.
8. 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of September, A.D., 2018.
ATTEST: ddeAtiv Xito;ei
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
AP A
I -Attorney
Date of signature: 9/FCoIIr
BOARD OF COUNTY COMMISSIONERS
WE�Y,COLORADO
Steve Moreno, Chair
EXCUSED
Barbara Kirkmeyer Pro-Tem
ke Freeman
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
OUTRIGGER DJ OPERATING, LLC
USR18-0052
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0052, is
for Mineral Resource Development Facilities, Oil and Gas Support and Service, 60 million
standard cubic feet per day cryogenic Natural Gas Processing Facility and associated
equipment, one (1) up to one hundred sixty (160) feet in height communications tower and
up to five (5) temporary construction trailers and up to eleven (11) temporary conex
storage containers 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 (7) days a week.
4. The number of employees is five (5).
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. The applicant shall maintain compliance with the approved Lighting Plan.
7. The applicant shall maintain compliance with the approved Decommissioning 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, blowing debris, and other potential nuisance conditions. The facility 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. 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.
14. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. As employees or contractors are on the site for less
than two (2) consecutive hours a day, portable toilets and bottled water are acceptable.
Records of maintenance and proper disposal for portable toilets shall be retained on a
quarterly basis and available for review by the Weld County Department of Public Health
and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County
and shall contain hand sanitizers.
15. 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.
16. 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.
17. 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.
18. As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in
accordance with the applicable provisions of 40 CFR, Part 112, shall be available.
19. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
20. 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.
21. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault
and hauled off for proper disposal. Records of installation, maintenance, and proper
disposal shall be retained.
22. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone, as delineated in C.R.S. §25-12-103.
23. The applicant shall obtain a Colorado Discharge Permit System (CDPS) permit from the
Water Quality Control Division of the Colorado Department of Public Health and
Environment (CDPHE), as applicable.
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24. The facility shall notify the County of any revocation and/or suspension of any State -issued
permit.
25. 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.
26. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
27. 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.
28. 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.
29. 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.
30. 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.
31. Access will be along unmaintained County right-of-way and maintenance of the
right-of-way will not be the responsibility of Weld County.
32. The historical flow patterns and runoff amounts on the site will be maintained.
33. Weld County is not responsible for the maintenance of on -site drainage related features.
34. 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.
35. Building Permits issued on the proposed lot will be required to adhere to the fee structure
of the County Wide Road Impact Fee Program.
36. Building Permits issued on the proposed lot, will be required to adhere to the fee structure
of the County Facility Fee and Drainage Impact Fee Programs.
37. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
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38. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
39. 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.
40. 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.
41. 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.
42. 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.
43. 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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