HomeMy WebLinkAbout20143598.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0056, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING OIL AND GAS SUPPORT AND SERVICE (WATER HAULING) IN THE
A (AGRICULTURAL) ZONE DISTRICT - UNITED SURFACE AND MINERALS, LLC,
C/O SELECT ENERGY SERVICES
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 26th day
of November, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of United Surface and Minerals, LLC, 201 West California Street,
Gainesville, CA 76240, c/o Select Energy Services, 1551 South Sunset Street, Suite A,
Longmont, Colorado 80501, for a Site Specific Development Plan and Use by Special Review
Permit, USR14-0056, for a Mineral Resource Development Facility, including Oil and Gas
Support and Service (water hauling) in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
W1/2 of Section 33, Township 7 North, Range 60
West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present, represented by William
Fronczak, 1551 South Sunset Street, Suite A, Longmont, Colorado, 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 (A.Goal 7) states: "County land use regulations
should protect the individual property owner's right to request a
land use change."
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2) 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 property contains an 80,000
barrel capacity reservoir with three truck filling bays. The reservoir
is filled by an existing on-site water well. The non-potable water is
used to support oil and gas operations, including drilling and
hydraulic fracturing.
B. Section 23-2-230.8.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.A.2 of the Weld County
Code allows for a Site Specific Development Plan and Use by Special
Review Permit for Mineral Resource Development Facilities, including Oil
and Gas Support and Service (water hauling) in the A (Agricultural) Zone
District.
C. Section 23-2-230.8.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The adjacent lands
consist of pastures, crops, and rural residences. The closest residence is
approximately one-half mile east of the site. There are no USRs within
one mile of this site. The Weld County Department of Planning Services
has not received any correspondence from the surrounding property
owners on this USR. The site is located in a remote area of the County;
therefore, staff is not requesting a landscape plan. The Conditions of
Approval and the Development Standards will assist in mitigating the
impacts of the facility on the adjacent properties.
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,
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. Building permits
issued on the property will be required to adhere to the fee structure of
the County-Wide Road Impact Fee, County Facility Fee and Drainage
Impact Fee Programs.
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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 soils designated as
"Prime if they become Irrigated," "Irrigated Land, Not Prime," and "Other,"
per the 1979 Soil Conservation Service Important Farmlands of Weld
County Map. Therefore, this USR will not take any Prime (Irrigated)
Farmland 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 United Surface and Minerals, LLC, do Select
Energy Services, for a Site Specific Development Plan and Use by Special Review Permit,
USR14-0056, for a Mineral Resource Development Facility, including Oil and Gas Support and
Service (water hauling) 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. If there is any lighting on the site, the applicant shall submit a Lighting
Plan to the Department of Planning Services, for review and approval.
Any lighting poles and lamps shall comply with Section 23-3-360.F, which
states, in part, that: "any lighting shall be designed, located, and operated
in such a manner as to meet the following standards: sources of light
shall be shielded so that beams or rays of light will not shine directly onto
adjacent properties."
B. An Improvements Agreement and Road Maintenance Agreement is
required for this site. Road maintenance, including g dust control, damage
repair, and triggers for improvements P 99 P
s will be included.
C. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR14-0056.
2) The attached Development Standards.
3) The plat shall be prepared per 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.
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5) County Road (CR) 74 is designated on the Weld County Road
Classification Plan as a local gravel road, which requires 60 feet of
right-of-way at full buildout. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way and this
information shall be noted on the plat. All setbacks shall be
measured from the edge of future right-of-way. If the right-of-way
cannot be verified, it shall be dedicated. This road is maintained
by Weld County.
6) The applicant shall show the approved access on the plat and
label with the approved Access Permit Number (AP14-00037).
7) The applicant shall show and label the water quality feature on the
plat as "Water Quality Feature, No Build or Storage Area," and
label the required volume.
8) The applicant shall show and label standard tracking control onto
publicly maintained roadways on the plat.
9) The applicant shall show the drainage flow arrows 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 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 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.
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5. Prior to Construction:
A. A Weld County Grading Permit will be required if disturbing more than
one (1) acre. A Construction Stormwater Permit is also required with the
State for disturbing more than one (1) acre. Contact: Colorado
Department of Public Health and Environment, Water Quality Control
Division, Rik Gay, 303-692-3575.
B. A Right-of-Way Permit is required for any work within the public
right-of-way.
C. A Special Transport Permit is required for any over size or over weight
vehicles.
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 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 26th day of November, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD
COU Y, COLORADO
CC//ATTESTC� C1 , ,,/ ;� a I (�avlrer
Lo Douglas Rademacher, hair
Weld County Clerk to the Board
` / 4 rbara Kirkmeyer ro-Tem
BY.'If
D: . y Clerk to the Boa •��"�, (1/42
I361 f= !
,; ,,��•�; � an P. Conway
APPROVED AS TO FORM: ', 0 UQ
'S J iV��S/ Mike Freeman
Count EXCUSED
William F. Garcia
Date of signature: 2/7
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
UNITED SURFACE AND MINERALS, LLC,
CIO SELECT ENERGY SERVICES
USR14-0056
1. The Site Specific Development Plan and Use by Special Review Permit, USR14-0056, is
for a Mineral Resource Development Facility, including Oil and Gas Support and Service
(water hauling) 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. Hours of operation will be 24-hours a day, seven days per week, as stated by the
applicant.
4. No full-time employees will be stationed on-site.
5. 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.
6. The historical flow patterns and runoff amounts will be maintained on the site.
7. Weld County is not responsible for the maintenance of on-site drainage related features.
8. There shall be no parking or staging of vehicles on County roads. On-site parking shall
be utilized.
9. 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.
10. 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.
11. 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 the approved Waste Handling
Plan, at all times.
12. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall be operated in accordance with the approved Dust Abatement Plan, at all
times.
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13. 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.
14. 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 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 (WCDPHE). Portable toilets shall be serviced by a cleaner licensed in Weld
County and shall contain hand sanitizers.
15. The fresh water storage and loading system shall be operated in a manner to minimize
spills. Fresh water spills should be captured in above-ground containment areas for
reuse or allowed to infiltrate. There shall be no discharge from this process to surface
waters or through the facility's Stormwater Management System, in accordance with the
rules and regulations of the Colorado Water Quality Control Commission, and the
Environmental Protection Agency.
16. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
17. 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.
18. 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.
19. 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.
20. 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
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are permitted. Any other changes shall be filed in the office of the Department of
Planning Services.
21. 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.
22. 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 plat and recognized at all times.
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13. 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.
14. 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 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 (WCDPHE). Portable toilets shall be serviced by a cleaner licensed in Weld
County and shall contain hand sanitizers.
15. The fresh water storage and loading system shall be operated in a manner to minimize
spills. Fresh water spills should be captured in above-ground containment areas for
reuse or allowed to infiltrate. There shall be no discharge from this process to surface
waters or through the facility's Stormwater Management System, in accordance with the
rules and regulations of the Colorado Water Quality Control Commission, and the
Environmental Protection Agency.
16. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
17. 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.
18. 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.
19. 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.
20. 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
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are permitted. Any other changes shall be filed in the office of the Department of
Planning Services.
21. 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.
22. 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 plat and recognized at all times.
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