HomeMy WebLinkAbout20170403.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR16-0042, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL
AND GAS STORAGE FACILITY WITH TRANSLOADING; AND ANY USE PERMITTED
AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE
COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS AND A CONSTRUCTION
LAYDOWN YARD, PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN
APPROVED OR RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN
FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT - ALVIN DECHANT JR.
AND DAVID DECHANT, CIO NBL MIDSTREAM HOLDINGS, 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 22nd day
of February, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Alvin Dechant Jr. and David Dechant, 11521 CR 29, Hudson, CO
80642, c/o NBL Midstream Holdings, LLC, 1625 Broadway, Suite 2200, Denver, CO 80202, for a
Site Specific Development Plan and Use by Special Review Permit, USR16-0042, for Mineral
Resource Development Facilities, Oil and Gas Storage Facility with Transloading; and any Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts and a construction laydown yard, provided that the property is not a lot in
an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District, on the following described
real estate, being more particularly described as follows:
W1/2 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 represented by Pam Flora,
TetraTech, 1900 S. Sunset St., Suite 1-E, Longmont, CO 80501, 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:
Cc t PLC KO( env)) , PE,CHQ),
NLC6rJ, c-roC �3rs�,c�-�Ptr
319/11
2017-0403
PL2457
SPECIAL REVIEW PERMIT (USR16-0042) - ALVIN DECHANT JR. AND DAVID DECHANT,
CIO NBL MIDSTREAM HOLDINGS, LLC
PAGE 2
A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of
agricultural land to nonurban residential, commercial and industrial
uses should be accommodated when the subject site is in an area
that can support such development, and should attempt to be
compatible with the region." The land that Noble is proposing to
convert to industrial uses is non -irrigated rangeland that is located
in a rural area where there is a significant amount of oil and gas
activity already occurring on adjacent properties. In addition, the
property currently has several oil and gas production wells on it.
2) Section 22-5-100.A (OG.Goal 1) states: "Promote the reasonable
and orderly exploration and development of oil and gas mineral
resources," and Section 22-5-100.B (OG.Goal 2) states: "Ensure
that the extraction of oil and gas resources conserves the land and
minimizes the impact on surrounding land and the existing
surrounding land use." The proposed Roan Storage Facility site is
located in a sparsely populated 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 Phase 1 of
the facility, the site will generate very little oil and gas traffic in the
area once the facility is operational. Phase 2A would also generate
very little traffic because the oil would be piped to the tanks. Phase
2B would generate some irregular traffic with vehicles coming and
going to drop off or pick-up parts from the laydown yard. 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 A (Agricultural) Zone District. Citing the Weld County Code,
Section 23-3-40.A.1 provides for a Site Specific Development Plan and
Use by Special Review Permit for Mineral Resource Development facilities,
including, Oil and Gas Storage Facilities; Section 23-3-40.A.7 for
Transloading; and Section 23-3-40.S for an outdoor equipment and
materials storage yard 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 Roan 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. There are few residences in the area, the
closest one being a farmhouse located approximately 900 feet to the west
off of County Road 30. Noble Energy has reached out to neighbors in the
2017-0403
PL2457
SPECIAL REVIEW PERMIT (USR16-0042) - ALVIN DECHANT JR. AND DAVID DECHANT,
C/O NBL MIDSTREAM HOLDINGS, LLC
PAGE 3
area to let them know about the project and find out if they have any
compatibility concerns that will need to be addressed. Planning staff has
not received any correspondence or telephone calls concerning this
application.
D. Section 23-2-230.B.4 -- The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is not located within a three (3) mile referral area of
any municipality, nor is it located within any existing Intergovernmental
Agreement Area (IGA) of a municipality.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article XI, of the Weld County Code. The existing site is within the
County -Wide Road Impact Fee Area and the Capital Expansion Impact Fee
area. The site is not in a Special Flood Hazard Area. 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 within an approximate 80 -acre tract of
land identified as "other lands," per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. As there is no irrigation water
associated with the proposed facility and currently no irrigation located on
site, no prime agricultural lands will be taken 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 Alvin Dechant Jr. and David Dechant, c/o NBL
Midstream Holdings, LLC, for a Site Specific Development Plan and Use by Special Review
Permit, USR16-0042, for Mineral Resource Development Facilities, Oil and Gas Storage Facility
with Transloading; and any Use permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts and a construction laydown yard, provided
that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan
filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone
District, on the parcel of land described above be, and hereby is, granted subject to the following
conditions:
2017-0403
PL2457
SPECIAL REVIEW PERMIT (USR16-0042) - ALVIN DECHANT JR. AND DAVID DECHANT,
C/O NBL MIDSTREAM HOLDINGS, LLC
PAGE 4
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 dust control,
damage repair, specified haul routes and future traffic triggers for
improvements will be included. The Agreement shall not include any
financial obligations on the Applicant until such time as the Use meets the
traffic triggers.
B. The applicant shall submit a Final Drainage Report and Certification of
Compliance stamped and signed by a Professional Engineer registered in
the State of Colorado.
C. The applicant shall attempt to address the concerns of the Division of Water
Resources, as stated in their referral dated November 30, 2016.
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR16-0042.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) County Road 30 is a paved road and is designated on the Weld
County Road Classification Plan 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.
6) Show the approved access(es) on the map and label with the
approved Access Permit number, AP16-00591.
7) Show and label the entrance gate set back a minimum of 100 feet
from edge of shoulder.
8) The applicant shall show and label the accepted drainage features
and drainage flow arrows. Water quality features or stormwater
ponds should be labeled as "Water Quality Feature/Stormwater
Detention, No -Build or Storage Area" and shall include the
calculated volume.
2017-0403
PL2457
SPECIAL REVIEW PERMIT (USR16-0042) - ALVIN DECHANT JR. AND DAVID DECHANT,
0/O NBL MIDSTREAM HOLDINGS, LLC
PAGE 5
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 map for preliminary approval
to the Weld County Department of Planning Services. Upon approval of the map
the applicant shall submit a Mylar map along with all other documentation required
as Conditions of Approval. The Mylar map shall be recorded in the office of the
Weld County Clerk and Recorder by the Department of Planning Services. The
map shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. The Mylar map and additional requirements shall be
submitted within one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution. The applicant shall be responsible for paying
the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the map not be recorded within the required one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution, a
$50.00 recording continuance charge shall added for each additional three (3)
month period.
4. The Department of Planning Services respectfully requests a digital copy of this
"Use by Special Review", as appropriate. Acceptable format is a projected ESRI
shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983
UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS
0501 (US Feet, etc.). This digital file may be sent to maps@co.weld.co.us.
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
B. The approved access and tracking control shall be constructed prior to
on -site construction.
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.
2017-0403
PL2457
SPECIAL REVIEW PERMIT (USR16-0042) - ALVIN DECHANT JR. AND DAVID DECHANT,
CIO NBL MIDSTREAM HOLDINGS, LLC
PAGE 6
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of February, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:d0
Weld County Clerk to the Board
BY: C .
ty Clerk to the Board
APPAS T
fy t orney
Date of signature: c3/art -7
Julie A. Cozad, Chair
Steve Moreno, Pro-Tem
Sean P. Conway
ike Freeman
2017-0403
PL2457
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ALVIN DECHANT JR. AND DAVID DECHANT, C/O NBL MIDSTREAM HOLDINGS, LLC
USR16-0042
1. The Site Specific Development Plan and Use by Special Review Permit, USR16-0042, is
for Mineral Resource Development Facilities, Oil and Gas Storage Facility with
Transloading; and any Use permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts and a construction laydown yard,
provided that the property is not a lot in an approved or recorded subdivision plat or part
of a map or plan filed prior to adoption of any regulations controlling subdivisions 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.
4. Number of employees principally employed at the crude oil storage facility is limited to
two (2) persons per shift.
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, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The applicant shall operate in accordance with Chapter 14, Article I, of the
Weld County Code.
9. Fugitive dust and fugitive particulate emissions 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 facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
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.
2017-0403
PL2457
DEVELOPMENT STANDARDS (USR16-0042) - ALVIN DECHANT JR. AND DAVID DECHANT
0/O NBL MIDSTREAM HOLDINGS, LLC.
PAGE 2
12. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. If 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.
13. 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.
14. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR, Part 112, shall be available.
15. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 25-12-103, C.R.S.
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) Rules and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations.
17. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit Application and obtain a permit from the Colorado Department of Public Health and
Environment, Air Pollution Control Division, as applicable.
18. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
19. 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 and submitted to the Department of Planning Services.
20. 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.
21. 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.
2017-0403
PL2457
DEVELOPMENT STANDARDS (USR16-0042) -ALVIN DECHANT JR. AND DAVID DECHANT
C/O NBL MIDSTREAM HOLDINGS, LLC.
PAGE 3
22. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
23. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
24. The historical flow patterns and runoff amounts on the site will be maintained.
25. Weld County is not responsible for the maintenance of on -site drainage related features.
26. 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.
27. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23, of the Weld County Code.
28. 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.
29. 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.
30. 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.
31. 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
2017-0403
PL2457
DEVELOPMENT STANDARDS (USR16-0042) - ALVIN DECHANT JR. AND DAVID DECHANT
C/O NBL MIDSTREAM HOLDINGS, LLC.
PAGE 4
locations are widespread throughout the County and person moving into these areas must
recognize the various impacts associated with this development. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
32. 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.
2017-0403
PL2457
Hello