HomeMy WebLinkAbout20160279.tiff RESOLUTION
RE : APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0062, 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 (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 ; AND A
35-FOOT IN HEIGHT COMMUNICATION TOWER IN THE A (AGRICULTURAL) ZONE
DISTRICT - 70 RANCH , LLC , C/O BLUE GRAMA LAND CORPORATION
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 public hearings on the 20th day of
January, 2016, and the 29th day of February. both hearings commenced at the hour of 10: 00 a . m . ,
in the Chambers of the Board . for the purpose of hearing the application of 70 Ranch , LLC , 8301
E . Prentice Avenue, Suite 100 , Greenwood Village , CO 80111 , c/o Blue Grama Land Corporation,
501 South Coltrane , Suite A. Edmond , OK 73034 . for a Site Specific Development Plan and Use
by Special Review Permit. USR15-0062 , 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 (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 ; and a 35-foot in
height Communication Tower in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows :
Subdivision Exemption . SUBX15-0028; being part of
the S1 /2 of Section 24 . Township 5 North , Range 63
West of the P . M . , Weld County, Colorado
WHEREAS , at said hearing , the applicant was present and represented by Anne Best
Johnson . Tetra Tech , 1900 South Sunset Street, Suite 1 -E , Longmont, CO 80501 , and ,
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present at both hearings . 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 deemed this matter be continued to March 28 , 2016 at 10 : 00 a . m . .
to allow the applicant more time to consider an alternative access, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, on March 28 . 2016, the Board of County Commissioners again 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
WA) Alatti ' 2016-0279
PL2396
SPECIAL REVIEW PERMIT ( USR15-0062) - 70 RANCH . LLC , C/O BLUE GRAMA LAND
CORPORATION
PAGE 2
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. 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 Blue Grama is proposing
to convert to an Industrial Use is designated as other land and is
located on a Subdivision Exemption parcel within the 70 Ranch
northeast of the Town of Kersey where there is a significant amount
of oil and gas activity occurring and where there is associated
infrastructure in place .
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 Blue Grama 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
utilize piping to bring oil to the facility it will generate very little
additional oilfield traffic in the area once the facility is fully
operational . Construction of the site will generate some impacts
because of the extra activity and trips to the site , once it is
constructed, the impact on the surrounding land will be minimal .
3) Section 22-6-20. C ( ECON . Goal 3) states : "Structure land use
policies and regulations so that they encourage County-wide
economic prosperity and economic growth " and
Section 22-6-20 . C . 1 (ECON . Policy 3. 1 ) states: "County activities
and regulation should protect the rights of private property owners
and the public health, safety and welfare, recognizing that these
basic tights and protections allow the free market to prosper and
grow the local economy. " The property has historically been utilized
for dryland grazing of livestock and parts of the 70 Ranch were
utilized by National Hog Farms, Inc. . which is now vacated .
2016-0279
PL2396
SPECIAL REVIEW PERMIT ( USR15-0062) - 70 RANCH . LLC . 01O BLUE GRAMA LAND
CORPORATION
PAGE 3
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
provides for Transloading : and Section 23-3-40 . S provides for any Use
permitted as a Use by Right. Accessory Use . or Use by Special Review in
the Commercial or Industrial Zone Districts. 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 (a
construction laydown 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 proposed facility has been
designed to minimally impact the surrounding properties . The surrounding
properties are in agricultural production with rural residential properties
more than 7 , 000 feet from the proposed facility. Surrounding properties
include unincorporated Weld County, oil and gas exploration , agricultural
uses with some rural residential . There are four property owners on ten
( 10) parcels within 500 feet of the proposed facility. The Department of
Planning Services has not received any correspondence 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 V, of the Weld County Code. The site is not in a Special Flood
Hazard Area , Geologic Hazard Area or Airport Overlay 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 on approximately 13 acres identified
as "Other Land ," per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The site is utilized for grazing of livestock
and has no irrigation water.
G . 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
2016-0279
PL2396
SPECIAL REVIEW PERMIT ( USR15-0062) - 70 RANCH , LLC . C/O BLUE GRAMA LAND
CORPORATION
PAGE 4
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 70 Ranch . LLC , c/o Blue Grama Land Corporation . for
a Site Specific Development Plan and Use by Special Review Permit. USR15-0062 . 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 (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 ; and a 35-foot in height Communication Tower 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 provide evidence of legal access .
B . The map shall be amended to delineate the following :
1 ) All sheets of the map shall be labeled USR15-0062 .
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) County Road (CR) 54 section line is shown to have 60 feet of
unmaintained section line right-of-way. per the Weld County GIS
right-of-way maps. The applicant shall delineate the existing
right-of-way on the site layout map . All setbacks shall be measured
from the edge of right-of-way.
5) Show the approved access on the Vicinity map and label with the
approved Access Permit Number, AP15-00472 .
6) Show the legal access on the site plan and label with document
reception number and date .
7) Show and label the section line Right-of-Way as "County Road 54
Section Line Right-of-Way, not County maintained. "
8) Label the three structures east of the PCR Building .
9) Show and label the site lighting for the entire facility.
2016-0279
PL2396
SPECIAL REVIEW PERMIT USR15-0062 - 70 RANCH . LLC . C/O BLUE GRAMA LAND
CORPORATION
PAGE 5
10) Show the site circulation for the entire facility.
2 . Upon completion of Condition of Approval #1 above , the applicant shall submit one
p p
( 1 ) paper copy or one ( 1 ) electronic copy ( . pdf) of theplat for preliminary approval
PP
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 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
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 .
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 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.
2016-0279
PL2396
SPECIAL REVIEW PERMIT (USR15-0062) - 70 RANCH , LLC, C/O BLUE GRAMA LAND
CORPORATION
PAGE 6
The above and foregoing Resolution was, on motion duly made and seconded , adopted
by the following vote on the 28th day of March , A. D. , 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Wid" 711412-tilt
Mike Freeman, Chair
Weld County Clerk to he Board
• bean P. Conway, Pro-Tem
BY:
Depu Clerk to the Board i
Juice /CC zad
, i oimiartAP DASTo " O . M: I\\ E f � cAbS
�/ ,; (1) rbara Kirkmeyer
6unty Attorney i ' t1C0,4C9 '
• *ti e Moreno
Date of signature: �t r I
�nA ��x
`'"
2016-0279
PL2396
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
70 RANCH , LLC , C/O BLUE GRAMA LAND CORPORATION
USR15-0062
1 . The Site Specific Development Plan and Use by Special Review Permit. USR15-0062 . 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 (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; and a
35-foot in height Communication Tower 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. 7 days a week. 365 days a year.
4 . 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.
5 . The oil and gas storage facility is unmanned , although company employees will visit the
site weekly for maintenance and inspection .
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 . The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
10 . 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 .
11 . 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 .
2016-0279
PL2396
DEVELOPMENT STANDARDS ( USR15-0062) - 70 RANCH , LLC . 0/O BLUE GRAMA LAND
CORPORATION
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 and in a manner that minimizes the release of Hazardous Air Pollutants
(HAPs) and Volatile Organic Compounds (VOCs) . All chemicals must be stored securely,
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 on-site .
15. This facility shall adhere to the maximum permissible noise levels allowed in the
Non-Specified Zone , as delineated in Section 14-9-30 of the Weld County Code .
16. Secondary containment shall be constructed around tanks to provide containment for the
largest single tank and sufficient freeboard to contain precipitation . A synthetic or
engineered liner shall be placed directly beneath each above-ground tank. 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 .
17 . The applicant shall comply with all provisions of the State Underground and Above Ground
Storage Tank Regulations .
18 . The facility shall comply with the Air Pollution Emission Notice (A. P . E . N . ) Permit
requirements as stipulated by the Air Pollution Control Division of the Colorado
Department of Public Health and Environment . as applicable .
19 . The applicant shall obtain a Colorado Discharge Permit System (CDPS) Permit from the
Colorado Department of Public Health and Environment (CDPHE) , Water Quality Control
Division , as applicable .
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 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 .
22 . 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
2016-0279
PL2396
DEVELOPMENT STANDARDS ( USR15-0062) - 70 RANCH , LLC . C/O BLUE GRAMA LAND
CORPORATION
PAGE 3
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 .
23. The applicant/landowner shall be responsible for controlling the noxious weeds . pursuant
to Chapter 15. Articles I and II . of the Weld County Code .
24 . The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking .
25 . There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized .
26 . The historical flow patterns and runoff amounts will be maintained on the site .
27 . Weld County is not responsible for the maintenance of on-site drainage related features .
28. Access will be along or cross unmaintained County right-of-way and maintenance of the
right-of-way will not be the responsibility of Weld County.
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
2016-0279
PL2396
DEVELOPMENT STANDARDS ( USR15-0062) - 70 RANCH , LLC , C/O BLUE GRAMA LAND
CORPORATION
PAGE 4
Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
34 . 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.
35 . 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 .
2016-0279
PL2396
Hello