HomeMy WebLinkAbout20163263.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR16-0031, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL
AND GAS SUPPORT AND SERVICE, INCLUDING, BUT NOT LIMITED TO, A
NATURAL GAS PROCESSING FACILITY FOR THE PROCESSING OF NATURAL GAS
PRODUCTS, RELATED EQUIPMENT AND STRUCTURES, METERING EQUIPMENT
FOR THE CUSTODY TRANSFER OF GAS, NATURAL GAS LIQUIDS (NGLS) AND
CONDENSATE; TRANSLOADING, OUTDOOR EQUIPMENT AND MATERIALS
STORAGE YARD AND MORE THAN ONE (1) CARGO (CONEX) CONTAINER IN THE
A (AGRICULTURAL) ZONE DISTRICT - ALLIANCE INVESTMENT GROUP -
FT. LUPTON, LLC, C/O DISCOVERY DJ SERVICES, 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 26th day of
October, 2016, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Alliance Investment Group — Ft. Lupton, LLC, 3035 S. Ellsworth Road, Suite
146, Mesa, AZ 85212, c/o Discovery DJ Services, LLC, 7859 Walnut Hill Lane, Suite 335, Dallas,
TX 75230, for a Site Specific Development Plan and Use by Special Review Permit, USR16-0031,
for Mineral Resource Development Facilities, Oil and Gas Support and Service, including, but not
limited to, a Natural Gas Processing Facility for the processing of natural gas products, related
equipment and structures, metering equipment for the custody transfer of gas, natural gas liquids
(NGLS) and condensate; transloading, outdoor equipment and materials storage yard and more
than one (1) cargo (Conex) container in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
SE1/4 and E1/2 SW1/4 of Section 11, Township 1
North, Range 66 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:
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Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
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 Discovery DJ Services, LLC is proposing to utilize for the gas
processing plant is on dryland grasses, and is located in a semi -rural area
where there is a significant amount of oil and gas activity already occurring.
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
Discovery Gas Plant is located within a 20 -acre area of land located in the
northwest quadrant of a 243 -acre parcel. To the east is the Buffalo Ridge
Estates residential development, and there is limited residential
development on Recorded Exemption parcels to the west. To the north is
B.O.S.S. Compost (USR-1190) and to the south is the Kerr McGee
OnShore LP, Duggan Compressor Station (2ndAmUSR-468) and
microwave communication towers. Numerous well heads and tank
batteries populate the south boundary line of this parcel and all new
facilities are operated by Kerr-McGee. LP. New inbound pipelines,
(USR-16-0028) will bring the natural gas to the plant, process the gas and
transfer the product to an outbound pipeline to market. While construction
of the site will generate some impacts because of the extra activity and trips
to the site. once the plant is constructed and fully operational, limited truck
traffic will be present from the facility.
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,
Natural Gas Processing Facilities for the processing of natural gas
products, and related equipment and structures, metering equipment for
the custody transfer of gas, natural gas liquids (NGLs) and condensate;
Section 23-3-40.A.7 for Transloading; Section 23-3-40.S for outdoor
equipment and materials storage yard and Section 23-3-30.BB for more
than one cargo container 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 proposed gas plant facility and
surrounding areas are in dryland grasses and oil and gas encumbrances.
As previously stated, the gas plant facility is located within a 20 -acre area
of land located in the northwest quadrant of a 243 -acre parcel. The Buffalo
Ridge Estates residential subdivision is located adjacent to the east
property line with the nearest residence being about 1.500 feet to the
southwest on County Road 10. The Conditions of Approval and
Development Standards will mitigate concerns with the surrounding land
uses.
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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 located within a three (3) mile referral area of the
Cities of Fort Lupton and Brighton, Towns of Hudson and Lochbuie and is
located within any existing Coordinated Planning Agreement Area (CPA)
of the City of Fort Lupton. The City of Fort Lupton returned two referrals
indicating that the applicant had spoken to the City regarding the
development and has discussed the potential for annexation with the City
of Fort Lupton and has expressed its desire to proceed with its application
through the County process. Any referral requirements with the City have,
therefore. been met. The City of Brighton. and Towns of Hudson and
Lochbuie did not respond to the referral.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V. 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.
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 20 acres of a
243 -acre parcel with the property 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.
Section 23-2-230.B.7 — There is adequate provisions for the protection of
the health, safety, and welfare of the inhabitants of the neighborhood and
County. 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 Alliance Investment Group — Ft. Lupton. LLC, c/o
Discovery DJ Services, LLC. for a Site Specific Development Plan and Use by Special Review
Permit, USR16-0031, for Mineral Resource Development Facilities. Oil and Gas Support and
Service, including, but not limited to, a Natural Gas Processing Facility for the processing of
natural gas products, related equipment and structures, metering equipment for the custody
transfer of gas, natural gas liquids (NGLS) and condensate; transloading, outdoor equipment and
materials storage yard and more than one (1) cargo (Conex) container in the A (Agricultural) Zone
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District, on the parcel of land described above be, and hereby is. granted subject to the following
conditions:
Prior to recording the map:
A. The applicant shall attempt to address the concerns of the Fort Lupton Fire
Protection District, specific to the internal access width constructed of an
all-weather surface capable of supporting emergency vehicles, including
fire apparatus within the facility, as stated in the referral dated
September 23, 2016.
The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR16-0031.
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 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 lighting shall be shown on the map in accordance with
Section 23-3-250.B.6 of the Weld County Code.
7) Setback radiuses for existing oil and gas tank batteries and
wellheads, or plugged and abandoned wellheads, shall be indicated
on the USR map per the setback requirements of Section 23-3-50.E
of the Weld County Code.
8) All recorded easements and rights -of -way shall be delineated on
the USR map by book and page number or reception number.
9) County Road (CR) 35 is a paved road and is designated on the
Weld County Road Classification Plan 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 measured from the edge of right-of-way. This road is
maintained by Weld County.
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10) CR 35 Section Line is shown to have 30 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
right-of-way.
11) Show and label the section line right-of-way as "CR 35 Section Line
Right -of -Way, not County maintained.''
12) CR 10 is a gravel road and is designated on the Weld County Road
Classification Plan 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 measured from
the edge of right-of-way.
13) Show and label the entrance gate set back a minimum of 100 feet
from edge of shoulder.
14) Show the approved access on the map and label with the approved
Access Permit Number (AP16-00371).
15) The applicant shall show the drainage flow arrows.
16) Show and label the parking and traffic circulation flow arrows
showing how the traffic moves around the property.
2. Upon completion of Condition of Approval #1 above. the applicant shall submit 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
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 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 CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS
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Personal GeoDataBase (MDB). The preferred format for Images is .tif (Group 4).
(Group 6 is not acceptable). 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 prior to the start of 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.
The above and foregoing Resolution was. on motion duly made and seconded. adopted
by the following vote on the 26th day of October. A.D. . 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY. COLORADO
ATTEST: ddelf4A) G: •aCLto•oc
Mike Freeman. Chair
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPROVED AS TO FOR
County Attorney
Date of signature: " li c1 / < <°
Sean P. Conway. Pro-Tem
irkmeyer
Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ALLIANCE INVESTMENT GROUP - FT. LUPTON, LLC
CIO DISCOVERY DJ SERVICES, LLC
USR16-0031
The Site Specific Development Plan and Use by Special Review Permit. USR16-0031, is
for Mineral Resource Development Facilities, Oil and Gas Support and Service, including,
but not limited to. a Natural Gas Processing Facility for the processing of natural gas
products, related equipment and structures, metering equipment for the custody transfer
of gas. natural gas liquids (NGLS) and condensate; transloading, outdoor equipment and
materials storage yard and more than one (1) cargo (Conex) container 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. Number of employees is limited ten (10), as stated on the application.
4. The hours of operation are 24 hours a day, seven days a week.
5. 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.
6. 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.
7 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.
8. 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.
9. 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.
10. 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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11. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Wastewater Treatment Systems. A permanent,
adequate water supply shall be provided for drinking and sanitary purposes.
12. All potentially hazardous chemicals on the 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.
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) Rules and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations.
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 be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
16. 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.
17. 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.
18. 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.
19. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
20. The historical flow patterns and runoff amounts on the site will be maintained.
21. Weld County is not responsible for the maintenance of on -site drainage related features.
22. The property owner shall control noxious weeds on the site.
23. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
24. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
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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. For any hazardous chemical used or stored in the workplace, facilities must maintain
Safety Data Sheets (SDS) and submit the SDSs, or a list of chemicals, and the facility's
annual inventory. to the State Emergency Response Commission. the Local Emergency
Planning Committee and the Fire Protection District on or before March 15th of any given
year.
27. 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.
28. Sources of light shall be shielded so that light rays 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 plan. Neither the direct, nor reflected, light
from any light source may create a traffic hazard to operators of motor vehicles on public
or private streets. No colored lights may be used which may be confused with, or
construed as, traffic control devices.
29. 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
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Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
34. 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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