HomeMy WebLinkAbout20162470.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR16-0016, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, OIL
AND GAS STORAGE FACILITIES (CRUDE OIL POLISHING TERMINAL),
TRANSLOADING, AND OUTDOOR EQUIPMENT AND CONSTRUCTION MATERIALS
STORAGE YARD IN THE A (AGRICULTURAL) ZONE DISTRICT - SADDLE BUTTE
ROCKIES STORAGE AND TERMINAL, 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 3rd day of
August 2016. at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Saddle Butte Rockies Storage and Terminals, LLC, 858 Main Avenue.
Suite 301. Durango, CO 81301, for a Site Specific Development Plan and Use by Special Review
Permit. USR16-0016, fora Mineral Resource Development Facility. Oil and Gas Storage Facilities
(crude oil polishing terminal), transloading, and outdoor equipment and construction materials
storage yard in the A (Agricultural) Zone District. on the following described real estate. being
more particularly described as follows:
Lot B of Recorded Exemption. RECX13-0069: being
part of the SW1/4 of Section 26. Township 6 North.
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the Board deemed it appropriate to continue the matter to
August 24, 2016, at 10:00 a.m., to allow the applicant to present to Planning Commission, and
WHEREAS, on August 24. 2016. the applicant was present and represented by
Trent Miller. 1900 16th Street. Suite 1550, Denver. CO 80202, 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.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
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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 Saddle Butte Rockies
Storage and Terminals, LLC, is proposing to convert to industrial
uses is non -irrigated agriculture land that has been fallow in recent
years and is located adjacent to an existing regional airport in a rural
area where there is a significant amount of oil and gas activity
already occurring. Therefore, the proposed use is compatible with
the region.
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 Saddle Butte Rockies
Storage and Terminals. LLC, site is located in a rural 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 operational. While 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.
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.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 outdoor
equipment and materials storage yard in the A (Agricultural) Zone District.
(Lucerne Oil Polishing Terminal)
Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The proposed Lucerne Oil
Polishing Terminal and surrounding areas are utilized for production
agriculture on 80 acres or smaller tracts of land with residential
improvements subdivided off through the Recorded Exemption land use
process. The nearest residences listed directionally from each property line
include the Huggan's residence approximately 90 feet north of the property
line: to the east is the Greeley -Weld County Airport; to the south is the
Colorado State University Research Foundation (CSURF) Experimental
Potato Station; and, to the west approximately 600 feet from property line
is the Donoho residence, and further, approximately 1,460 feet from the
west property line are two Hoshiko Farm residences and approximately
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1,690 feet from the west property line is the Reese property and two rental
residences. As of June 7. 2016, staff has received no inquiries from
interested persons regarding this land use application. Saddle Butte does
not anticipate any impact to cultivated lands found nearby. The project is
anticipated to have minimal impact to the existing land use of the subject
parcel and those surround it. The relatively isolated location of the
proposed polishing plant is compatible with the surrounding land uses.
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
City of Greeley and it is not located within an existing Intergovernmental
Agreement Area (IGA). The City of Greeley, in the referral dated
May 27. 2016, indicated that the property is located within the City of
Greeley's Long Range Expected Growth Area (LREGA) in which the
community anticipates development occurring within the coming 20+ years.
The site is also located within the Northeast Industrial Area of Greeley's
2060 Comprehensive Plan. This plan envisions industrial uses in this
vicinity. Additionally. this site is bordered by property within the City of
Greeley that is zoned Industrial Medium Intensity.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, 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. The property is within
the Greeley -Weld County Airport Overlay District and is further impacted
by the air noise contour area associated with the airport activities. Building
Permits issued on the lot will be required to adhere to the fee structure of
the County -Wide Road Impact Fee, the 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 82 acres identified
as "prime if irrigated 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 agricultural lands will be taken out of production. Per the acquisition
documents, the previous land owner has retained all water rights and has
imposed a dry up convent for the property.
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
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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 Saddle Butte Rockies Storage and Terminal, LLC. for a
Site Specific Development Plan and Use by Special Review Permit, USR16-0016, for a Mineral
Resource Development Facility, Oil and Gas Storage Facilities (crude oil polishing terminal),
transloading. and outdoor equipment and construction materials storage yard in the
A (Agricultural) Zone District. on the parcel of land described above be. and hereby is. granted
subject to the following conditions:
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 map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR16-0016.
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) CR 64 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 the
existing right-of-way. All setbacks shall be measured from the edge
of right-of-way. This road is maintained by Weld County.
6) CR 64.5 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 the existing right-of-way. All setbacks
shall be measured from the edge of right-of-way.
7) CR 45 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 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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8) The City of Greeley's 2035 Comprehensive Transportation Plan
indicates that CR 45 will be a two (2) lane collector roadway
requiring a total of 90 feet of public right-of-way (45 -foot half
right-of-way). There is presently 60 feet of right-of-way. An
additional 15 feet shall be delineated as future right-of-way.
9) Show and label the approved access(es) (AP16-00248). and the
appropriate turning radii.
10) Show and label the approved tracking control.
11) Show and label the entrance gate set back a minimum of 100 feet
from edge of shoulder.
12) 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.
13) All recorded easements and rights -of -way shall be delineated on
the USR map by book and page number or reception number.
14) 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.
15) 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 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,
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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.
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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of August, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST`aLi adeo:e.A.
S<
Weld County Clerk to the Board
C<.
APPROVED AS T
ounty Attorney
Date of signature: 6fige/l
Mike Freeman, Chair
I
Sean P. Conway, Pro-Tem
ara Kirkmeyer
Steve Moreno
MCP 2-e..tagtre-
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SADDLE BUTTE ROCKIES STORAGE AND TERMINAL, LLC
USR16-0016
1 The Site Specific Development Plan and Use by Special Review Permit. USR16-0016, is
for Mineral Resource Development Facilities. Oil and Gas Storage Facility (crude oil
polishing terminal); transloading, and outdoor equipment and materials storage yard in the
A (Agricultural) Zone District (Lucerne Terminal) 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 (7) days a week, 365 days a year, as
stated by the applicant(s).
4. The number of employees is limited to five (5).
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, 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.
8. 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.
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. 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
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and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County
and shall contain hand sanitizers.
12. 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.
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 on -site.
15. The facility shall adhere to the maximum permissible noise levels allowed in the Light
Industrial 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 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 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.
21. 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.
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22. 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.
23. The property owner or operator shall be responsible for controlling noxious weeds on the
site. pursuant to Chapter 15, Article I and II, of the Weld County Code.
24. The historical flow patterns and runoff amounts will be maintained on the site.
25. Weld County is not responsible for the maintenance of on -site drainage related features.
26. There shall be no parking or staging of vehicles on County roads. On -site parking shall be
utilized.
27. The access on the site shall be maintained to mitigate any impacts to the public road
including damages and/or off -site tracking.
28. There shall be no tracking of dirt or debris from the site onto publically maintained roads.
The applicant is responsible for mitigation of any off -site tracking and maintaining on -site
tracking 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.
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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
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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