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Home My WebLink About20173386.tiffRESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR17-0031, FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY (STORAGE OF PIPES AND OTHER EQUIPMENT ASSOCIATED WITH OIL AND GAS PRODUCTION) IN THE A (AGRICULTURAL) ZONE DISTRICT - TIMBRO RANCH AND CATTLE COMPANY, LLC, C/O NOBLE ENERGY 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 18th day of October, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Timbro Ranch and Cattle Company, LLC, P.O. Box 367, Springfield, NE 68059, c/o Noble Energy, 2115 117th Avenue, Greeley, CO 80634, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0031, for an Oil and Gas Support and Service Facility (storage of pipes and other equipment associated with oil and gas production) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: E1/2 of the SW1/4 of Section 11, Township 9 North, Range 59 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was present and represented by Anne Best Johnson, Tetra Tech, 1900 Sunset St., Ste. 1-E, Longmont, CO 80504, 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 22-5-100.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 cc.: PLC JJc PL C Htb), HLC�F), tl/(55(17 2017-3386 PL2498 SPECIAL REVIEW PERMIT (USR17-0031) - TIMBRO RANCH AND CATTLE COMPANY, LLC, C/O NOBLE ENERGY PAGE 2 Code." This site is located in a rural (remote) area in proximity to existing oil and gas facilities in the area. 2) Section 22-2-20.1 (A.Goal 9) states: "Reduce potential conflicts between varying land uses in the conversion of traditional agricultural lands to other land uses."The site is in a rural area. The nearest residence is located approximately 1.3 miles to the southwest. An existing produced water recycling and equipment storage facility operated by Noble (approved under USR16-0037) is located to the east of the site. 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.B.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.A.2 of the Weld County Code provides for Mineral Resource Development, Oil and Gas Support and Service 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 a potentially greater impact than uses Allowed by Right." The proposed USR site is located in a rural area west of and adjacent to an existing oil and gas support facility (water recycling and equipment storage facility). Conditions of Approval and Development Standards are proposed (noise limits, Emergency Action and Safety Plan, Road Maintenance and Improvements Agreement) to address/mitigate impacts associated with this use. C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The site is in a rural area. The nearest residence is located approximately 1.3 miles to the southwest. An existing produced water recycling facility is located to the east of the site. Conditions of Approval and Development Standards are proposed (noise limits, Emergency Action and Safety Plan, Road Maintenance and Improvements Agreement) to address/mitigate impacts associated with this use. 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 2017-3386 PL2498 SPECIAL REVIEW PERMIT (USR17-0031) - TIMBRO RANCH AND CATTLE COMPANY, LLC, C/O NOBLE ENERGY PAGE 3 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, Articles V and XI, of the Weld County Code. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs. F. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed facility is located on approximately 5.45 acres 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 Timbro Ranch and Cattle Company, LLC, c/o Noble Energy, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0031, for an Oil and Gas Support and Service Facility (storage of pipes and other equipment associated with oil and gas production) in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted subject to the following conditions: 1. Prior to recording the map: A. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR17-0031. 2) The attached Development Standards. 3) The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. 4) The applicant shall delineate on the map the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. 5) The applicant shall show the drainage flow arrows. 6) The map shall delineate the lighting. 2017-3386 PL2498 SPECIAL REVIEW PERMIT (USR17-0031) -TIMBRO RANCH AND CATTLE COMPANY, LLC, C/O NOBLE ENERGY PAGE 4 7) 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. 8) The map shall delineate the parking area for the vendors, customers and/or employees. 9) County Road 119 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 existing right-of-way. All setbacks shall be measured from the edge of the right-of-way. This road is maintained by Weld County. 10) County Road 106 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. All setbacks shall be measured from the edge of the right-of-way. 11) Show and label the approved access(es) (AP16-00459), and the appropriate turning radii (60') 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 the section line Right -of -Way as "CR 106 Section Line Right -of -Way, not County maintained." 14) Show and label all recorded easements on the map by book and page number or reception number and date on the site plan. 15) Delineate the equipment storage area. 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 2017-3386 PL2498 SPECIAL REVIEW PERMIT (USR17-0031) - TIMBRO RANCH AND CATTLE COMPANY, LLC, C/O NOBLE ENERGY PAGE 5 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 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. 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. 2017-3386 PL2498 SPECIAL REVIEW PERMIT (USR17-0031) - TIMBRO RANCH AND CATTLE COMPANY, LLC, C/O NOBLE ENERGY PAGE 6 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of October, A.D., 2017. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dettAvi)jC.Geo•oi Weld County Clerk to the Board BY: Cam. y Clerk to the Board APP R9 ED ounty Attorney Date of signature: i ttD/17 Julie A. Cozad, Chair Steve Moreno, Pro-Tem Sean P. Conway Barbara Kirkmeyel- 2017-3386 PL2498 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS TIMBRO RANCH AND CATTLE COMPANY, LLC C/O NOBLE ENERGY USR17-0031 1. The Site -Specific Development Plan and Use by Special Review Permit, USR17-0031, is for an Oil and Gas Support and Service Facility (storage of pipes and other equipment associated with oil and gas production) 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 365 days a year. 4. A maximum of four (4) employees will utilize the site (two (2) employees per 12 -hour shift). 5. The parking area on the site shall be maintained. 6. 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. The property owner or operator shall provide written evidence of an approved Emergency Action and Safety Plan on or before March 15th of any given year signed by representatives for the Fire District and the Weld County Office of Emergency Management to the Department of Planning Services. 8. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 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. 9. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S. 10. 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. 11. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's Air Quality Regulations. 12. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application and obtain a permit from the Air Pollution Control Division of the Colorado Department of Public Health and Environment, as applicable. 13. 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 2017-3386 PL2498 DEVELOPMENT STANDARDS (USR17-0031) - TIMBRO RANCH AND CATTLE COMPANY, LLC, C/O NOBLE ENERGY PAGE 2 than two (2) consecutive hours a day, and/or two (2) or less full-time employees, 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. 14. 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. 15. 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 (COGCC) Commission Rules and/or the provisions of the State Underground and Above Ground Storage Tank Regulations. 16. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable provisions of 40 CFR, Part 112, and as applicable, shall be available. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable provisions of 40 CFR, Part 112, and as applicable, shall be available. 17. 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. 18. 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. 19. The facility shall notify the County of any revocation and/or suspension of any State issued permit. 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 be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 22. The access on the site shall be maintained to mitigate any impacts to the public road, including damages and/or offsite 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. 2017-3386 PL2498 DEVELOPMENT STANDARDS (USR17-0031) - TIMBRO RANCH AND CATTLE COMPANY, LLC, C/O NOBLE ENERGY PAGE 3 25. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be the responsibility of Weld County. 26. 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. 27. 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. 28. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 29. 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. 30. 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. 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 2017-3386 PL2498 DEVELOPMENT STANDARDS (USR17-0031) - TIMBRO RANCH AND CATTLE COMPANY, LLC, C/O NOBLE ENERGY PAGE 4 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. 2017-3386 PL2498 Hello