HomeMy WebLinkAbout20151442.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0016, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES,
INCLUDING AN OIL AND GAS STORAGE FACILITY AND TRANSLOADING IN THE
A (AGRICULTURAL) ZONE DISTRICT - WES MOSER, INC., C/O MAGELLAN
MIDSTREAM PARTNERS, LP
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 27th day
of May, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Wes Moser Inc., 6600 West 20th Street, #11, Greeley, CO 80634, do
Magellan Midstream Partners, LP, 15000 Smith Road, Aurora, CO 80011, for a Site Specific
Development Plan and Use by Special Review Permit, USR15-0016, for Mineral Resource
Development Facilities, including an Oil and Gas Storage Facility and Transloading in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
E112 of Section 25, Township 3 North, Range 65
West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present, and represented by Anne
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 23-2-230.6 of the Weld County Code as follows:
A. Section 23-2-230.6.1 -- 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/and 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 Magellan Midstream
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SPECIAL REVIEW PERMIT (USR15-0016) - WES MOSER, INC., CIO MAGELLAN
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Partners is proposing to convert to industrial uses is non-irrigated
agricultural land that is located in a very 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 Magellan Midstream
Partners 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 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 site's impact on the
surrounding land will be minimal.
B. Section 23-2-230.6.2 -- 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
and Section 23-3-40.A.7 provides for Transloading in the A (Agricultural)
Zone District.
C. Section 23-2-23.B.3 --The uses which will be permitted will be compatible
with the existing surrounding land uses. The proposed Magellan
Midstream Partners Saddlehorn Origination Facility - Oil Polishing
Terminal Facility has been designed to minimally impact the surrounding
properties. The property directly to the north is a similar facility, Rose
Rock's truck unloading facility. The properties to the south, west and east
are range land or in crop production. Oil and Gas activities can be seen
on each parcel surrounding the proposed project location. The nearest
residential structure is more than 1/3 mile to the west and more than 1/2
mile to the east. The project is anticipated to have minimal impact to the
existing land use of the subject parcel and those surrounding 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 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.
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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 80 acres
identified as "irrigated lands — not prime," 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 the site, no prime agricultural lands will be taken out
of production.
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 Wes Moser, Inc., do Magellan Midstream
Partners, LP, for a Site Specific Development Plan and Use by Special Review Permit,
USR15-0016, for Mineral Resource Development Facilities, including an Oil and Gas Storage
Facility and Transloading 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 plat:
A. An Improvements Agreement and Road Maintenance Agreement is
required for off-site improvements at this site. Road maintenance,
including dust control, damage repair, specified haul routes and future
triggers for improvements, will be included.
B. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR15-0016.
2) The attached Development Standards.
3) The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) Show the approved access(es) and label with the approved
Access Permit Number (AP15-00133).
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5) Show the accepted water quality feature with volume and label as
WATER QUALITY FEATURE, NO-BUILD OR STORAGE AREA.
6) Show the drainage flow arrows.
7) Show the facility identification signs.
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 23-2-60.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 Operation:
A. Construction of the approved access and/or tracking control
improvements is required prior to operation.
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.
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7. Prior to the issuance of the Certificate of Occupancy:
A. An on-site wastewater treatment system is required for the proposed
facility and shall be installed according to the Weld County On-site
Wastewater Treatment System Regulations. The septic system is
required to be designed by a Colorado Registered Professional Engineer,
according to the Weld County On-site Wastewater Treatment System
Regulations.
B. The applicant shall submit written evidence of a commercial drinking
water well, or other adequate water source, to the Weld County
Department of Public Health and Environment.
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 27th day of May,A.D.,2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,CO ORADO
ATTEST:d, a.L � h
arbara Kirkmeye,Chair
Weld County Clerk to the Board
Mike Freeman, Pro-Tem
B . ►� .1_� �♦ . �r
De. Clerk to the e Bo:rd
Sean P.Conway
APPROVED AS TO FO : `
ie A.Cozad
County ttorney err � EXCUSED
(.O/9 SOU NI Steve Moreno
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WES MOSER, INC., CIO MAGELLAN MIDSTREAM PARTNERS, LP
USR15-0016
1. A Site Specific Development Plan and Use by Special Review Permit, USR15-0016, is
for Mineral Resource Development Facilities, including an Oil and Gas Storage Facility
and Transloading in the A (Agricultural) Zone District, as indicated in the application
materials on file and subject to the Development Standards stated hereon. (Saddlehorn
Origination Facility)
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(s).
4. The number of on-site employees shall be commensurate with the number of persons
which the septic system may accommodate in accordance with the requirements of the
Weld County Code, pertaining to On-site Waste-Water Treatment System (O.W.T.S.)
Regulations.
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, blowing debris, and other potential nuisance conditions. The applicant
should operate in accordance with the accepted Waste Handling Plan, and with
Chapter 14, Article 1, of the Weld County Code, at all times.
8. Fugitive dust and fugitive particulate emissions should be controlled on this site. The
facility should be operated in accordance with the accepted Dust Abatement Plan, at all
times. 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.
9. 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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10. 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.
11. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. The facility shall utilize the private water supply.
12. 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 (HAP's) and volatile organic compounds (VOC's). All chemicals must be
stored secure, on an impervious surface, and in accordance with manufacturer's
recommendations.
13. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR, Part 112, shall be available on-site.
14. The facility shall adhere to a maximum permissible noise levels allowed in the
Non-Specified Zone, as delineated in Section 14-9-30 of the Weld County Code, or with
all applicable State noise statues and/or regulations.
15. 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.
16. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
17. 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.
18. 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.
19. 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.
20. The historical flow patterns and runoff amounts will be maintained on the site.
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21. Weld County is not responsible for the maintenance of on-site drainage related features.
22. There shall be no parking or staging of vehicles on County roads. On-site parking shall
be utilized.
23. 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.
24. 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.
25. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
26. 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.
27. 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.
28. 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.
29. 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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