HomeMy WebLinkAbout20180489.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR17-0046, FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY
(STORAGE AND STOCKPILE AREA FOR SOIL AND HAY BALES FOR OFF -SITE
WELL LOCATIONS AND ASSOCIATED OIL AND GAS PRODUCTION FACILITIES) IN
THE A (AGRICULTURAL) ZONE DISTRICT - ANADARKO E & P COMPANY, LP, CIO
KERR-MCGEE OIL AND GAS ONSHORE, LP
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 21st day of
February, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Anadarko E&P Company, LP, 1099 18th Street, Suite 1800, Denver,
CO 80202, do Kerr-McGee Oil and Gas Onshore, LP, P.O. Box 173779, Denver, CO 80217, for
a Site Specific Development Plan and Use by Special Review Permit, USR17-0046, for an Oil
and Gas Support and Service Facility (storage and stockpile area for soil and hay bales for off -site
well locations and associated oil and gas production facilities) in the A (Agricultural) Zone District,
on the following described real estate, being more particularly described as follows:
SW1/4 of Section 23, Township 2 North, Range 67
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 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.G.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."There are existing oil and gas support
and commercial uses in the surrounding area. The proposed
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SPECIAL REVIEW PERMIT (USR17-0046) - ANADARKO E&P COMPANY, LP, C/O
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stockpile facility is located next to a Centralized Exploration and
Production Waste Management Facility on the same parcel, an
existing RV storage facility (USR13-0051) is located to the
southwest and west of the site for a 75 -space RV Park and outdoor
storage area for vehicles, boats, trailers, cars and other
miscellaneous items is located to the southwest of the facility; and
a compressor station facility (for up to eight compressors) approved
under USR14-0015 is located to the west of the site. A Road
Maintenance Agreement and Improvements Agreement is required
as a Condition of Approval to address impacts to County roads
along the haul route (including dust control, tracking control,
damage repair and future traffic triggers for improvements).
Additional Conditions of Approval and Development Standards are
attached, including prohibiting the parking or staging of vehicles on
County Road right-of-way and requiring screening of equipment to
be stored on -site.
2) Section 22-2-100.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 facility is located on a property adjacent to an existing
oil and gas support facility (compressor station facility for up to eight
(8) compressors approved under USR14-0015, also there are
several oil and gas production facilities (tank batteries, wellheads
and associated equipment) located in this area. 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. A Road
Maintenance Agreement and Improvements Agreement is required
as a Condition of Approval to address impacts to county roads
along the haul route (including dust control, tracking control,
damage repair, specified haul routes and future traffic triggers for
improvements). Additional Development Standards prohibiting the
parking or staging of vehicles on County Road right-of-way and
requiring screening of equipment to be stored on -site.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. 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
Facilities including storage and stockpile area for soil and hay bales for
off -site well locations and associated oil and gas production facilities) in the
A (Agricultural) Zone District.
1) Section 23-3-10 — Intent states: "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
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a potentially greater impact than uses Allowed by Right." The
proposed use is in an area that can support this development and
the Conditions of Approval and Development Standards will assist
in mitigating the impacts of the facility on the adjacent properties
and ensure compatibility with surrounding land uses and the region.
A Road Maintenance Agreement and Improvements Agreement is
required as a Condition of Approval to address impacts to County
roads along the haul route (including dust control, tracking control,
damage repair and future traffic triggers for improvements).
Additional development standards and conditions of approval
prohibiting the parking or staging of vehicles on County Road
right-of-way are attached as well.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The facility is located
approximately 1,500 feet to the northwest of the nearest residence and
approximately 1,800 feet to the northeast of the next nearest residence.
Some additional residences are located further to the east (off of County
Road 18) and residences to the north are approximately 2,400 feet from
the stockpile facility site. The site is adjacent to an existing Centralized and
Production Waste Management Facility (mud farm) that is allowed as a use
by right. A USR (USR13-0051) for a 75 -space RV Park and outdoor storage
area for vehicles, boats, trailers, cars and other miscellaneous items is
located to the southwest of the facility and a compressor station facility (for
up to eight compressors) approved under USR14-0015 is located to the
west of the site. Staff has received multiple photos, e -mails and phone calls
from an adjacent property owner to the southeast of the site and another
property owner approximately 1,500 to the east of the site. The main
concerns outlined in the phone calls and e -mails dealt with the amount of
traffic, dust, noise and road impacts. One of the surrounding property
owners feels that the county road should be paved as a requirement of the
USR. Staff has had multiple conversations with Kerr-McGee and have been
told that there has been no hauling from the soil stockpile facility since the
USR application was submitted in October 2017. However, there is still
ongoing truck traffic associated with the use by right Centralized
Exploration and Production Waste Management Facility (mud farm) on the
same property. A Road Maintenance Agreement and Improvements
Agreement is required as a Condition of Approval to address impacts to
county roads along the haul route (including dust control, tracking control,
damage repair and future traffic triggers for improvements). Additional
Conditions of Approval and Development Standards and prohibiting the
parking or staging of vehicles on County Road right-of-way and requiring
screening of equipment to be stored on site are attached as well.
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
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provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within the Town of Firestone/Weld County
Cooperative Planning Agreement boundary and referral area as well as the
Fort Lupton/Weld County Cooperative Planning Agreement boundary. Staff
received an e-mail dated September 18, 2017, indicating that the Town of
Firestone had no comments as it is two (2) miles from town limits and does
not include any town roadways. Staff confirmed via phone with the City of
Fort Lupton Planner that they had discussions with Kerr-McGee regarding
this application prior to setting up the case on October 25, 2017, as
required per the Cooperative Planning Agreement. The representative for
Kerr-McGee indicated that they were not interested in annexation at this
time. The site is located within the three (3) mile referral area of the City of
Fort Lupton and the Town of Frederick. The City of Fort Lupton in the
referral comments, dated November 21, 2017, indicated that they would
like to discuss the option of annexation or pre -annexation agreement with
the applicant. The Town of Frederick, in the referral response dated
October 26, 2017, indicated no conflicts with their interests. No referral
response has been received from the Town of Firestone.
E. Section 23-2-230.6.5 -- 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 23-2-230.6.6 -- 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 6.75 acres on a
larger 149.94 -acre parcel delineated as "Other," per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map.
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 Anadarko E & P Company, LP, c/o Kerr-McGee Oil and
Gas Onshore, LP, for a Site Specific Development Plan and Use by Special Review Permit,
USR17-0046, for an Oil and Gas Support and Service Facility (storage and stockpile area for soil
and hay bales for off -site well locations and associated oil and gas production facilities) 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 plat:
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A. The applicant shall attempt to address the comments of the City of Fort
Lupton, as stated in the referral response dated November 21, 2017.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
B. An Erosion Control Plan, stamped and signed by a Professional Engineer
registered in the State of Colorado shall be submitted prior to recording the
USR Map.
C. 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 will be included. The agreement will
include annual review with possible updates.
D. The applicant shall develop a Communications Plan to be submitted to the
Department of Planning Services, after consultation with area property
owners. Such Communications Plan shall be updated on an annual basis.
E. The applicant shall submit a written request to vacate SUP -62. SUP -62
shall be vacated by the Board of County Commissioners.
F. The plat shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0046.
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) 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.
6) The applicant shall show the drainage flow arrows.
7) Show and label the parking and traffic circulation flow arrows
showing how the traffic moves around the property.
8) County Road 21 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
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measured from the edge of right-of-way. This road is maintained by
Weld County.
9) County Road 18 is a gravel 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.
10) 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.
11) Show and label the approved tracking control on the site plan.
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.
13) Show and label all recorded easements on the map by book and
page number or reception number and date on the site plan.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) paper copy or one (1) electronic copy (.pdf) of the plat for preliminary approval
to the Weld County Department of Planning Services. 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 shall be recorded in the office of the
Weld County Clerk and Recorder by the Department of Planning Services. The
plat shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. 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 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 plat 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
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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 approved access and tracking control shall be constructed prior to
on -site construction.
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 21st day of February, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dad,g4) ..•vk.
Weld County Clerk to the Board
BY:
Deputy Clerk to the
D AS
ounAttorney
Date of signature: D3 .2O-/ '
Ste Moreno, Chair
c___Arbara Kirk e e
ro-Tem
Sean P. Co.way
.Y.(cat�
-Jaire�A. Cozad
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Mike Freeman
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ANADARKO E&P COMPANY, LP
C/O KERR-MCGEE OIL AND GAS ONSHORE, LP
USR17-0046
1. The Site -Specific Development Plan and Use by Special Review Permit, USR17-0046, is
for an Oil and Gas Support and Service Facility (storage and stockpile area for soil and
hay bales for off -site well locations and associated oil and gas production facilities) 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 (vehicles accessing or leaving the site) shall be 7:00 a.m. to
6:00 p.m.
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. Signage is required to include current points of contact.
6. The Communications Plan shall be reviewed and updated on an annual basis.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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
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and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County
and shall contain hand sanitizers.
13. All potentially hazardous chemicals on -site 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.
14. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone District, as delineated in Section 25-12-103, C.R.S.
15. The facility shall notify the County of any revocation and/or suspension of any State issued
permit.
16. The applicant shall notify the County upon receipt of any compliance advisory or other
notice of non-compliance of a State issues permit, and of the outcome or disposition of
any such compliance advisory or other notice of non-compliance.
17. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
18. The Improvements and Road Maintenance Agreement shall be reviewed on an annual
basis with possible updates.
19. 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.
20. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
21. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
22. The historical flow patterns and runoff amounts on the site will be maintained.
23. Weld County is not responsible for the maintenance of on -site erosion control features.
24. 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.
25. 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
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Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection.
26. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
27. 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.
28. 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.
29. The facility shall notify the County of any revocation and/or suspension of any State issued
permit.
30. 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.
31. 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.
32. 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.
33. 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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