HomeMy WebLinkAbout20180834.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR17-0074, FOR MINERAL RESOURCE DEVELOPMENT, OIL AND GAS
STORAGE FACILITY AND TRANSLOADING IN THE 1-3 (INDUSTRIAL) ZONE
DISTRICT - WES MOSER, INC., C/O DISCOVERY MIDSTREAM PARTNERS
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 28th day of
March, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Wes Moser Inc., do Discovery Midstream Partners, 4041 Bruin Boulevard,
Unit #3, Frederick, CO 80504, for a Site Specific Development Plan and Use by Special Review
Permit, USR17-0074, for Mineral Resource Development, Oil and Gas Storage Facility and
Transloading in the 1-3 (Industrial) Zone District, on the following described real estate, being
more particularly described as follows:
Subdivision Exemption, SUBX17-0032; being part of
the E1/2 of Section 25, Township 3 North, Range 65
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 23-2-230.6 of the Weld County Code as follows:
A. Section 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-80.F (I.Goal 6) states: "Minimize the incompatibilities
that occur between industrial uses and surrounding properties. "The
property was approved for a Change of Zone from A (Agriculture) to
1-3 (Industrial) in 2015. Land use activities in the immediate area
include USR16-0042 for the Noble Energy crude oil storage facility,
USR15-0016 for the Magellan Midstream Partners oil and gas
storage facility with transloading, 2MUSR17-15-0012 for the Saddle
Butte Rockies Midstream, LLC, crude oil storage facility,
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MUSR16-0005 for the Anadarko Petroleum Corporation COSF
crude oil storage facility, MUSR14-0025 for the Rose Rock
Midstream, White Cliffs truck offload terminal and crude oil storage,
and several pipelines serving each of the facilities and also providing
the transmission of the crude oil mineral resource product to market.
Given the intensity and type of permitted uses surrounding the
Winchester site, including the proximity of the closest residential
property at 3,650 feet to the west, the facility is located in an area
that would be compatible to the surrounding properties.
2) 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
Code."The proposed Winchester Crude Oil Storage Facility is to be
located in an area of the County where there is already a significant
amount of oil and gas development. Since the site will primarily
utilize piping to bring oil to the tanks in the facility, the site will
generate very little oil and gas traffic in the area once the facility is
operational. While construction of the site will generate some
impacts because of the extra activity and trips to the site, once it is
constructed, the site 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 1-3 (Industrial) Zone District. Citing the Weld County Code,
Section 23-3-330.D.4 provides for a Site Specific Development Plan and
Use by Special Review Permit for Oil and Gas Storage Facilities in the
1-3 (Industrial) 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 Winchester Crude Oil Storage
Facility property and surrounding areas are rangeland that is used for cattle
grazing and oil and gas facilities. The proposed facility will be similar in use
and smaller in scale compared to the surrounding oil and gas facilities
located north and east of the subject property. 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.
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E. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article XI, of the Weld County Code. The proposed site is within the Capital
Expansion Impact Fee and County -Wide Road Impact Fee Area Programs.
The site is in a Special Flood Hazard Area.
F. 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 Wes Moser, Inc., do Discovery Midstream Partners, for
a Site Specific Development Plan and Use by Special Review Permit, USR17-0074, for Mineral
Resource Development, Oil and Gas Storage Facility and Transloading in the 1-3 (Industrial) 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. An Improvements and Road Maintenance Agreement is required for off -site
improvements at this location. Road maintenance including, but not limited
to, dust control, tracking control, damage repair, specified haul routes and
future traffic triggers for improvements during construction, will be included.
B. A 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 submit a recorded copy of any agreement signed by all
of the owners of the property crossed by the access. The access shall be
for ingress, egress, and utilities, and shall be referenced on the USR map
by the Weld County Clerk and Recorder's Reception number.
D. The applicant shall submit written evidence that the Conditions of Approval
have been met and that SUBX17-0032 has been submitted to the
Department of Panning Services for recording.
E. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0074.
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.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) The applicant shall show and label all external lighting and provide
documentation that the lighting is designed in accordance with
Section 23-2-160.U.6 of the Weld County Code.
6) Show the location and dimension of the facility sign. 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) Show all oil and gas production facilities and related setbacks.
8) County Road 30 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road which
requires 80 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the future and existing right-of-way. All
setbacks shall be measured from the edge of future right-of-way.
This road is maintained by Weld County.
9) 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.
10) 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.
11) 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.
12) Show and label the traffic circulation flow arrows showing how the
traffic moves around the property.
13) Show the floodplain and floodway (if applicable) boundaries on the
map. Label the floodplain boundaries with the FEMA Flood Zone
and FEMA Map Panel Number or appropriate study.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit an
electronic version (.pdf), or one (1) paper copy, of the plat to the Weld County
Department of Planning Services for preliminary approval. The plat shall be
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prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. Upon approval of the plat, the applicant shall submit a Mylar plat,
along with all other documentation required as Conditions of Approval. The Mylar
plat and additional requirements shall be submitted within one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution. The
Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder
by the Department of Planning Services. 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.
6. Within one month of operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the
Office of Emergency Management and the Fire District. The plan shall be
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 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 28th day of March, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELT COUNTY, COLORADO
ATTEST: ddtAd4) �' jC,Gto•ok,
Weld County Clerk to the Board
BY:
Deputy Clerk to the B
APe AS
ounty £ ttorney
Date of signature: O`l- /7-6
Mike Freeman
Steve Moreno, Chair
arbara Kirkmeyer,
Sean P. Conway
1,r(f
Julie A. Cozad
Pro -Tern
(1--)
L()
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WES MOSER, INC., C/O DISCOVERY MIDSTREAM PARTNERS
USR17-0074
1. The Site Specific Development Plan and Use by Special Review Permit, USR17-0074, is
for Mineral Resource Development Facilities, Oil and Gas Storage Facility and
Transloading in the 1-3 (Industrial) 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(s).
4. The number of employees is limited to four (4) persons per shift, as stated by the
applicant(s).
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. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S.) 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, Section 30-20-100.5, C.R.S.
8. 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.
9. During construction, 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. 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.
11. 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 -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.
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12. 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.
13. 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.
14. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
15. 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.
16. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone District, as delineated in Section 25-12-103, C.R.S.
17. 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.
18. The facility shall notify the County of any revocation and/or suspension of any State issued
permit.
19. 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.
20. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
21. 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.
22. Lighting will be on demand, which may include motion -sensor lighting for the facility.
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
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public or private streets. No colored lights may be used which may be confused with, or
construed as, traffic control devices.
23. 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.
24. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
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 acquire an approved Right -of -Way Use Permit prior to commencement.
27. The historical flow patterns and runoff amounts on the site will be maintained.
28. Weld County is not responsible for the maintenance of on -site drainage related features.
29. 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 2014 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.
30 The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
31. 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.
32. 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.
33. 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.
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34. 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.
35. 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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