HomeMy WebLinkAbout20160860.tiff RESOLUTION
RE : APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0073 , FOR MINERAL RESOURCE DEVELOPMENT FACILITIES,
INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY (STORAGE OF A
MAXIMUM OF 85 EMPTY FRAC TANKS ) IN THE A (AGRICULTURAL) ZONE
DISTRICT - MILLER HFI , LLC
WHEREAS , the Board of County Commissioners of Weld County . Colorado . pursuant to
Y
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 24th day of
r of
February, 2016 , at the hour of 10 : 00 a . m . , in the Chambers of the Board , for the purpose p p
hearing the application of Miller HFI . LLC . 428 N . 2nd Street. LaSalle . CO 80645, for a Site
Specific Development Plan and Use by Special Review Permit, USR15-0073 . for Mineral
Resource Development Facilities . including an Oil and Gas Support and Service Facility (storage
of a maximum of 85 empty frac tanks) in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows :
S1 /2 of Section 11 , Township 6 North , Range 62
West of the 6th P. M . , Weld County , Colorado
WHEREAS, at said hearing , this case was continued to March 16 . 2016. due to
circumstances related to a County weather closure . On March 16. 2016, at said hearing . the
Board deemed it necessary to continue the matter to April 6 . 2016. to allow the applicant to be
present. On April 6 , 2016 , at said hearing , the applicant could not be present; therefore , the case
was continued to April 20, 2016 , to allow the applicant to be present per the Board's request, and
WHEREAS, at said hearing , the applicant was present and represented by Tim Naylor,
AGPROfessionals , 3050 67th Avenue , Suite 200. Greeley, CO 80634, 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.
CC'. P L , -4 , P E , YYLY h , App1, 2016-0860
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SPECIAL REVIEW PERMIT ( USR15-0073) - MILLER HFI , LLC
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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. - The site is located in a rural
area with some residences located to the southeast and northwest
of the site . A Condition of Approval requiring screening of the site
from existing residences to the southeast is attached . The site
utilizes an existing oil and gas access off of County Road 83 . The
access is not shared with residential uses .
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 toward the
middle of a half-section . Two (2) single family residences (not under Miller
HFI , LLC . ownership) are located approximately 2 , 500 feet to the southeast
of the site . Another single family residence is located approximately 2 ,400
feet to the northwest of the site . The storage area is partially screened by
topography to the north and west. One ( 1 ) letter of concern/opposition was
received in response to this application . The Department of Planning
Services has attached a Condition requiring that the storage area be
screened from the residences to the southeast. The storage area utilizes
an existing oil and gas access (the access is not shared with existing
residential uses) .
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 ,
Articles V and XI , of the Weld County Code . The site is not in a floodplain .
The existing site is within the County-Wide Road Impact Fee Area and the
Capital Expansion Impact Fee 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 381 acres delineated
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as - Prime if Irrigated . - 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 Miller HFI , LLC , for a Site Specific Development Plan
and Use by Special Review Permit, USR15-0073 . for Mineral Resource Development Facilities,
including an Oil and Gas Support and Service Facility (storage of a maximum of 85 empty frac
tanks) 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 Landscaping/Screening Plan to the
Department of Planning Services for review and approval . All storage areas
shall be screened from the adjacent residences , with input from
surrounding property owners .
B . A complete Drainage Narrative is required and shall include where the
water originates , if it flows onto the property from an off-site source. where
it flows to as it leaves the property, the direction of flow across the property,
and if there have been previous drainage problems with the property.
C . The applicant shall submit a Rodent Control Plan to the Department of
Planning Services , for review and approval .
D. The map shall be amended to delineate the following :
1 ) All sheets of the map shall be labeled USR15-0073.
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 map shall delineate the landscaping and/or screening .
5) County Road (CR) 81 and CR 70 Section Lines are shown to have
60 feet of unmaintained section line right-of-way per the Weld
County GIS right-of-way map. The applicant shall delineate the
existing right-of-way on the site plan . All setbacks shall be
measured from the edge of right-of-way.
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6) CR 83 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.
7) Show and label the approved Access Permit Number
(AP16-00035) . and the appropriate turning radii .
8) Show and label the approved tracking control .
9) Show and label the section line right-of-way as "CR 81 and CR 70
Section Line Right-of-Way, not County maintained . "
10) Show and label all recorded easements by book and page number
or reception number and date.
11 ) Delineate the tank storage area (at least 1 /2 mile from nearest
residences) on the plat.
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 .
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 .
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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 20th day of April . A. D . . 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY , COLORADO
ELATTEST: ' ` �' 1,�
Mike Freeman . Chair
Weld County Clerk to the Board �-
Sean P. Conway, Pro-Tem BY: ite/u\gediAr Deputy Clerk to the Board
4tt
Julie A. Cozad ;
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APP ac' AS TO Fe '�� . I �•
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361
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Date of signature : Vca7Ple <..
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MILLER HFI , LLC
USR15-0073
1 . The Site Specific Development Plan and Use by Special Review Permit, USR15-0073 , is
for Mineral Resource Development Facilities . including an Oil and Gas Support and
Service Facility (storage of a maximum of 85 empty frac tanks) 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 ( picking up and dropping off of tanks) are 24 hours a day. 365 days
a year.
4 . 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 .
5 . The landscaping/screening on the site shall be maintained .
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 . Rodents and pests shall be controlled within the storage area. per the approved Rodent
Control Plan .
8. 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 .
9. 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.
10. 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 .
11 . 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 .
12 . 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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13. The property owner or operator shall comply with all applicable rules and regulations of
state and federal agencies and the Weld County Code.
14 . 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 .
15. The property owner or operator shall be responsible for controlling noxious weeds on the
site . pursuant to Chapter 15 , Articles I and II of the Weld County Code . .
16 . The historical flow patterns and runoff amounts will be maintained on the site .
17 . There shall be no parking or staging of vehicles on County roads. On-site parking shall be
utilized .
18 . The access to the site shall be maintained to mitigate any impacts to the public road
including damages and/or off-site tracking .
19. 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 2011 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 .
20 . The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code .
21 . 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 .
22 . 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 .
23. 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 .
24. 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 .
25. 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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