HomeMy WebLinkAbout20160456.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0063, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY (STORAGE OF
PIPING AND EQUIPMENT IN SUPPORT OF OIL AND GAS OPERATIONS) IN THE
A (AGRICULTURAL) ZONE DISTRICT- HIGH PLAINS DISPOSAL, INC
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 3rd day of
February, 2016, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of High Plains Disposal, Inc., 13025 CR 16, Fort Lupton, CO 80621, for a
Site Specific Development Plan and Use by Special Review Permit, USR15-0063, for a Mineral
Resource Development Facility, including an Oil and Gas Support and Service Facility (storage
of piping and equipment in support of oil and gas operations) in the A (Agricultural) Zone District,
on the following described real estate, being more particularly described as follows:
Lot B of Recorded Exemption, RE-4560; being part
of the NW1/4 of Section 25, Township 5 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.8.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) 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." Conditions of Approval and
Development Standards (noise limit and screening requirement)
will address impacts and compatibility with the surrounding area.
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2) Section 22-2-80.C (I.Goal 3) states: "Consider how transportation
infrastructure is affected by the impacts of new or expanding
industrial developments."An Improvements and Road Maintenance
Agreement is a Condition of Approval for this case to address any
potential off-site impacts to county roads generated by this use.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 24-3-40.A.1 of the Weld County
Code allows for Oil and Gas Storage (storage of piping and equipment in
support of oil and gas operations) as a Use by Special Review Permit 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 site is located east of and
adjacent to an existing single-family residence. An Oil and Gas Support
and Service Facility (saltwater disposal facility approved under
MUSR13-0002) is located immediately to the east of the site. Two single
family residences are located to the north and west. The site is bordered
by the Union Pacific Railroad and farmland to the south. No phone calls or
correspondence has been received from surrounding property owners in
regards to this case. Conditions of Approval and Development Standards
(noise limit and screening requirement) will address impacts and
compatibility with the surrounding area. No lighting is proposed for 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 located within the three (3) mile referral area of
the City of Greeley and the Town of Kersey. The City of Greeley, in the
referral response dated October 15, 2015, indicated no concerns. The
Town of Kersey, in the referral response dated November 3, 2015,
recommended that the applicant work with the Town of Kersey to annex
the property once eligible for annexation, control weeds and vegetation
inside and outside the fencing, require ongoing maintenance to control mud
tracked on roads and at site entrances, and maintain the site in a neat and
orderly manner. An Improvements and Road Maintenance Agreement is
required to address impacts to County roads and a Development Standard
is noted requiring that noxious weeds be controlled on the site.
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.
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 53.2 acres
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delineated as "Irrigated Land (Not Prime)," 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 High Plains Disposal, Inc., for a Site Specific
Development Plan and Use by Special Review Permit, USR15-0063, for a Mineral Resource
Development Facility, including an Oil and Gas Support and Service Facility (storage of piping
and equipment in support of oil and gas operations) 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 applicant shall submit a Non-Storage Area Plan to the Department of
Planning Services for review and approval.
B. The applicant shall submit a Landscaping/Screening Plan to the
Department of Planning Services for review and approval. All storage
areas shall be screened from adjacent properties and public rights-of-way.
The site shall be screened by either an opaque fence or live vegetation. No
screening is required along the eastern property line due to the proximity
to an existing saltwater disposal facility and no screening is required along
the southern property line (north of the railroad).
C. 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.
D. A Final Drainage Report and Certification of Compliance, stamped and
signed by a Professional Engineer registered in the State of Colorado, is
required.
E. The applicant shall attempt to address the comments from the Town of
Kersey, as stated in the referral dated November 3, 2015. Written evidence
of such shall be provided to the Department of Planning Services.
F. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR15-0063.
2) The attached Development Standards.
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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 map shall delineate the landscaping and/or screening.
6) County Road (CR) 54 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.
7) Show and label the approved accesses (AP#15-00512 and
AP#13-00355), and the appropriate turning radii on the site plan. At
no time shall access to Lot B (USR15-0063) be across Lot A.
8) Show and label all recorded easements and rights-of-way on the
map by book and page number or reception number and date on
the site plan.
9) Show and label the approved tracking control on the site plan.
10) Show and label the accepted drainage features and drainage flow
arrows on the site plan. Stormwater ponds should be labeled as
"Stormwater Detention, No-Build or Storage Area"and shall include
the calculated volume.
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.
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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
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. The approved access and tracking control shall be constructed prior to
on-site construction.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
6. 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 3rd day of February, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
doh& �C11o•K Mike Freeman, Chair
W- • aunty Clerk to the Board �^
' Sean P. Conway, Pro-Ter
Dep "Clerk to the Boar• .��"'+� i ( 2(
*e A. Cozad
APP:e . EDASTzs. +'' f :"►., �.'��j �
r' -ra Kirkmeyer
C- tyA'torney ® q� ,
„, • eve Moreno
Date of signature: '
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HIGH PLAINS DISPOSAL, INC
USR15-0063
1. The Site Specific Development Plan and Use by Special Review Permit, USR15-0063, is
for a Mineral Resource Development Facility, including an Oil and Gas Support and
Service Facility (storage of piping and equipment in support of oil and gas operations) 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, as stated by the application.
4. A maximum of 65 trucks per day (pickup trucks and tractor trucks) will access the site on
a daily basis, as stated by the application.
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. No permanent employees will be located on the site. Site will be accessed by transient
truck drivers only to pick-up and drop-off equipment.
8. The landscaping/screening on the site shall be maintained.
9. 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.
10. 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.
11. 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 facility shall operate in accordance with Chapter 14, Article I, of the Weld
County Code.
12. 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.
13. This facility shall adhere to the maximum permissible noise levels allowed in the
Non-Specified Zone District, as delineated in Section 14-9-30 of the Weld County Code.
14. 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
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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
15. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
16. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would 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.
17. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
18. The historical flow patterns and runoff amounts will be maintained on the site.
19. Weld County is not responsible for the maintenance of on-site drainage related features.
20. There shall be no parking or staging of vehicles on County roads. On-site parking shall be
utilized.
21. The access to the site shall be maintained to mitigate any impacts to the public road
including damages and/or off-site tracking.
22. 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.
23. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
24. 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.
25. 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
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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.
26. 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.
27. 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 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.
28. 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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