HomeMy WebLinkAbout20152215.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0013, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING AN OIL AND GAS SUPPORT FACILITY AND OIL AND GAS STORAGE
FACILITY (CRUDE OIL TANK FARM AND CRUDE OIL TRUCK UNLOADING
FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT- UET MIDSTREAM, 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 5th day of
August, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of, UET Midstream, LLC, 225 Union Blvd., Lakewood, CO 80228-1861, for a Site
Specific Development Plan and Use by Special Review Permit, USR15-0013, for a Mineral
Resource Development Facility, including an Oil and Gas Support Facility and Oil and Gas
Storage Facility (crude oil tank farm and crude oil truck unloading facility) in the A (Agricultural)
Zone District, on the following described real estate, being more particularly described as follows:
Lot A of Recorded Exemption, RECX14-0059; being
part of the SW1/4 of Section 34, Township 8 North,
Range 59 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Mickey Leyba-Farnsworth,
Permontes Group, 625 Main Street, 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.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 22-2-20.1 (A.Goal 9) states: "Reduce potential conflicts
between varying land uses in the conversion of traditional
agricultural lands to other land uses."The proposed site is located
approximately 650 feet from the nearest residence. Conditions of
Approval and Development Standards (on-site lighting is required
to be downcast and a noise limit is attached) will address
compatibility with the surrounding area.
2) Section 22-2-20.1.5 (A.Policy 9.5) states: "Applications fora change
of land use in the agricultural areas should be reviewed in
accordance with all potential impacts to surrounding properties and
referral agencies." Conditions of Approval and Development
Standards (on-site lighting is required to be downcast and a noise
limit is attached) address compatibility with the surrounding area.
3) Section 22-2-80.C (I.Goal 3) states: "Consider how transportation
infrastructure is affected by the impacts of new or expanding
industrial developments."An Improvements and Road Maintenance
Agreement is a Condition of Approval for this case to address any
potential off-site impacts to County roads generated by this use.
B. Section 23-2-230.6.2 -- 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 (Crude Oil Tank Farm) and Section
23-3-40.A.2 of the Weld County Code allows Oil and Gas Support and
Service Facilities (crude oil truck unloading facility) 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 in a rural
(predominately dry land and rangeland) area. The nearest single family
residence is located approximately 650 feet to the west of this site. A few
additional residences are located further north of the site and are not
immediately visible to the site based on the topography of the land between
the proposed facility and these residences. Staff has received three (3)
phone calls from a neighbor expressing concerns with the proposed
injection well and the potential for impact to water wells in the area. A letter
of objection/concern was received from a surrounding property owner
dated, May 21, 2015, expressing concerns regarding contaminated runoff,
traffic and dust causing health issues, lack of a turn lane onto Highway 14
from either County Road (CR) 86 or CR 86.5, and contamination of nearby
domestic/irrigation wells. The letter requested a study of the proposed
injection well by the Colorado Oil and Gas Conservation Commission to
ensure a safe water supply for existing wells in the area. The letter also
suggested blacktopping roads between the injection well facility and State
Highway 14 to address dust. The Colorado Department of Transportation,
in their response received May 19, 2015, is not requiring turn lanes or
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acceleration/deceleration lanes onto State Highway 14. The Conditions of
Approval and Development Standards (on-site lighting is required to be
downcast and a noise limit is attached) address compatibility with the
surrounding area. The application has been amended to remove the
injection well component from the proposed site. Secondary containment
structures are required to address potential spills and runoff from the site.
Development Standards are attached addressing fugitive dust and an
Improvements and Road Maintenance Plan is attached as a Condition of
Approval to address the potential for dust and damage to County roads
generated by this facility.
D. Section 23-2-230.6.4--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. 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 10.12 acres
delineated as "High Potential Dry Cropland — 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 UET Midstream, LLC, for a Site Specific Development
Plan and Use by Special Review Permit, USR15-0013, for a Mineral Resource Development
Facility, including an Oil and Gas Support Facility and Oil and Gas Storage Facility (crude oil tank
farm and crude oil truck unloading facility) 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 site. Road maintenance, including dust control,
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damage repair, specified haul routes and future triggers for improvements,
will be included.
B. The Final Drainage Report must be stamped and signed by a Professional
Engineer (P.E.) registered in the State of Colorado and must include a
Certification of Compliance.
C. The applicant shall submit written evidence of a commercial drinking water
well or other adequate water source to the Department of Planning
Services and the Department of Public Health and Environment.
D. The map shall be amended to delineate the following:
1. All sheets shall be labeled USR15-0013.
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. Delineate the site lighting for compliance with Section 23-3-250.B.6
of the Weld County Code.
Delineate theparking for customers and/or employees.
6.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit an
electronic version (.pdf), or one (1) paper copy, of the plat to the Weld County
Department of Planning Services for preliminary approval. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. 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 and additional requirements shall be submitted within one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution. The
Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder
by the Department of Planning Services. 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 be 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,
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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 prior to the start of construction. Contact the Department of
Planning Services for application information.
6. Prior to Operation:
A. Construction of the approved access and/or tracking control improvements
is required prior to operation.
B. 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. 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.
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 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 5th day of August, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO ADO
i
ATTEST:d ���� C,( ui
CI,�Q hov v• ;� Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
6.) • Mi a Freeman, Pro-Tem BY: /70144,01A)De\ y Clerk to the Bf and ,� EXCUSED
Sean P wad
APP__ROD AS T
1861 ( : �1!lie £ . Cozad
oun y £ttorney �r� *
$ %OU S -Steve Moreno
Date of signature: ALP ♦ ,rI
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
UET MIDSTREAM, LLC
USR15-0013
1. The Site Specific Development Plan and Use by Special Review Permit, USR15-0013, is
for a Mineral Resource Development Facility, including an Oil and Gas Support Facility
p Y�
and Oil and Gas Storage Facility (crude oil tank farm and crude oil truck unloading facility)
in the A (Agricultural) Zone District, to the Development Standards stated hereon.
( 9 ) subject P
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, 365 days a year as stated by the applicant(s).
4. The parking on the site shall be maintained.
5. 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.
6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
q
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 facility shall operate in accordance with Chapter 14, Article 1 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. 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, or with
all applicable State noise statutes and/or regulations.
12. Fugitive dust and fugitive particulate emissions should be controlled on this site. The
facility should operate 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.
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13. 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.
14. 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.
15. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
The facility shall utilize the existing private water supply.
16. 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.
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. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the
applicable provision of 40 CFR, Part 112, shall be available on-site, at all times.
19. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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. 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.
22. The historical flow patterns and runoff amounts will be maintained on the site.
23. Weld County is not responsible for the maintenance of on-site drainage related features.
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County roads. On-site parking shall be
24. There shall be no parking or staging of vehicles on
utilized.
25. There shall be no tracking of dirt or debris from the site onto publically maintained roads.
and applicant is responsible for mitigation of any off site tracking a d maintaining on-site
tracking control devices.
26. 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.
27. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
28. 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.
29. 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.
30. 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.
31. 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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