HomeMy WebLinkAbout20153320.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0037, FOR MINERAL RESOURCE FACILITIES, OIL AND GAS
STORAGE FACILITIES WITH TRANSLOADING, A LAYDOWN YARD AND A LESS
THAN 35-FOOT IN HEIGHT COMMUNICATION TOWER IN THE A (AGRICULTURAL)
ZONE DISTRICT- 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 a public hearing on the 21st day of
October, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Blue Grama Land Corporation, 501 South Coltrane, Suite A, Edmond, OK
73034, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0037,
for Mineral Resource Facilities, Oil and Gas Storage Facilities with transloading, a laydown yard
and a less than 35-foot in height Communication Tower in the A (Agricultural) Zone District, on
the following described real estate, being more particularly described as follows:
Lot B of Recorded Exemption, RECX15-0080; being
part of the E1/2 NE1/4 of Section 27, Township 6
North, Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was not present, and the Board deemed it
advisable to continue the matter to October 21, 2015, to allow the applicant adequate time to
finalize the grading and drainage plans to be reviewed concurrently with the USR application, and
WHEREAS, on October 21, 2015, the applicant was present/represented by Anne Best
Johnson, Tetra Tech, 1900 South Sunset Street, Suite 1-E, Longmont, CO 80501, 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 Blue Grama is proposing
to convert to Industrial Use is irrigated Prime Agriculture land and
is located in a rural area east of the Greeley-Weld County Airport
where there is a significant amount of oil and gas activity occurring
and where there is associated infrastructure in place. The existing
PSCO Pleasant Valley Substation will be expanded to provide
reliable electrical service for the facility operation.
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 22-5-100.6 (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. 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.
3) Section 22-6-20.C (Econ.Goal 3.1) states: "Structure land use
policies and regulations so that they encourage County-wide
economic prosperity and economic growth," and 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 rights and protections allow the free
market to prosper and grow the local economy."The property has
historically been utilized for irrigated production agriculture and was
recently conveyed to the current property owner and applicant for
uses that are associated with the expanding oil and gas industry,
including the transfer and processing of oil from the field to market,
initially via tanker truck and at buildout via pipeline.
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 for
Transloading; and Section 23-3-40.S 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
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adoption of any regulations controlling subdivisions. PUD development
proposals shall not be permitted to use the Use by Special Review Permit
process to develop a construction laydown yard in the A (Agricultural)Zone
District. (Blue Grama Land Corporation, Lucerne Origination Facility)
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 will minimally
impact the surrounding properties. Surrounding properties include
unincorporated Weld County in agricultural uses with some rural
residential. There are two residential structures north of the property and
one immediately west of and adjacent to the property. The property is
within the Airport Overlay District. The applicants have been in contact with
the Greeley-Weld County Airport Authority and the FAA for possible
permitting requirements. The nearest residential structure is adjacent to,
and north of, the proposed facility. The applicants held an Open House on
May 27, 2015, and invited those within one-half mile of the facility. Five
individuals representing three (3) of the 24 properties within this radius
attended. Of those that attended, no negative comments or concerns over
the proposed facility were made. The project is anticipated to have minimal
impact to the existing land use of the subject parcel and those that surround
it.
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. The City of Greeley, in their referral response dated
July 24, 2015, provided advisory comments derived from the City of
Greeley Development Code and the City of Greeley Design Criteria and
Construction Specifications Volumes I, II and III. The City of Greeley stated
that the property was located in the City of Greeley's Long Range Expected
Growth Area and the City anticipates community development occurring in
this area in the next twenty years. Additional comments addressed site
development criteria, water service provided by North Weld County Water
District in accordance with the executed Water Service Agreement dated
February 5, 2013, and a request for future right-of-way on both County
Road 66 and County Road 45.
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 65 acres identified
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as "Prime Agricultural," per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. Of the approximately 73 acres in area, 45
acres will be utilized for the facility. The remaining area will be seeded in
an agricultural seed crop to prevent wind and water erosion and maintain
the soil condition. The site is currently irrigated; however, the irrigation well
may be re-permitted in the future upon approval for a commercial/industrial
water source for the facility.
G. Section 23-2-230.6.7 — 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 Blue Grama Land Corporation, for a Site Specific
Development Plan and Use by Special Review Permit, USR15-0037, for Mineral Resource
Facilities, Oil and Gas Storage Facilities with transloading, a laydown yard and a less than 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. 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.
B. A Final Drainage Report and Certification of Compliance stamped and
9 p P p
signed by a Professional Engineer registered in the State of Colorado is
required.
C. The map shall be amended to delineate the following:
1) The attached Development Standards.
2) Show and label the approved access turning radii.
3) Show and label the emergency access from CR 45.
4) 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, Volume = TBD."
D. The Lighting Plan shall be designed so that direct or reflective light is
shielded from surrounding properties so as not to create a nuisance
condition.
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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 plat for preliminary approval
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
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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.
B. The approved access and tracking control shall be constructed.
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. Prior to the issuance of the Certificate of Occupancy:
A. In the event the applicant intends to utilize the existing septic system, the
septic system shall be reviewed by a Colorado Registered Professional
Engineer. The review shall consist of observation of the system and a
technical review describing the system's ability to handle the proposed
hydraulic load. The review shall be submitted to the Environmental Health
Services Division of the Weld County Department of Public Health and
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Environment. In the event the system is found to be inadequately sized or
constructed the system shall be brought into compliance with current
Regulations. Alternately, a new septic system may be installed. Evidence
of such shall be submitted, in writing, to the Weld County Department of
Planning Services.
8. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of October, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO RADO
ATTEST:de :e WJ G1 k.J • 4aKirkmeye , Chair /t (--
Weld County Clerk to the Board
EXCUSED
• Mike Freeman, Pro-Tem
De y Clerk to he Board f
,ice,, I� :an P. Conway
jt . o,' L
APPROVED AS TO FORM: F `;�i�., •
p ��
11861 (` ;;' . : Co ad
County Attorney
iy ®` OWr Steve Moreno
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BLUE GRAMA LAND CORPORATION
USR15-0037
1. The Site Specific Development Plan and Special Review Permit, USR15-0037, is for
Mineral Resource Facilities, Oil and Gas Storage Facilities with transloading, a laydown
yard, and a less than 35-foot in height Communication Tower in the A (Agricultural) Zone
District.
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 days a week, 365 days a year, as stated
by the applicant.
4. The number of employees are restricted to eight (8) persons per shift, as stated by the
applicant.
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 1 of the
Weld County Code.
8. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
9. 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.
10. 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.
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. Sewage disposal for the facility shall be by septic system. Any septic system located on
the property must comply with all provisions of the Weld County Code, pertaining to
On-site Wastewater Treatment Systems.
13. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
The facility shall utilize the public water supply.
14. 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.
15. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR, Part 112, shall be available on-site.
16. 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.
17. 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.
18. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
19. 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.
20. 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.
21. Direct or reflected light will be shielded and directed from residences, so as to not create
a nuisance, as determined by the Department of Planning Services.
22. 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.
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23. The historical flow patterns and runoff amounts will be maintained on the site.
24. Weld County is not responsible for the maintenance of on-site drainage related features.
25. There shall be no parking or stain of vehicles on County roads. On-site parking shall be
staging
utilized.
26. The site shall be maintained to mitigate any impacts to the public road including damages
and/or off-site tracking.
27. At the intersections of CR 43 and CR 66, and CR 47 and CR 66, the applicant will need
to make the necessary improvements when the triggers are met.
28. 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
9 9
Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection.
29. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
30. 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.
31. 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.
32. 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.
33. 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;
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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
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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