HomeMy WebLinkAbout20143414.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0034, FOR AN OIL AND GAS STORAGE AND TRANSLOADING
FACILITY (OIL STORAGE TANKS AND MISCELLANEOUS PROCESSING
EQUIPMENT, ALONG WITH A TRUCK LOADING PLATFORM WHERE OIL WILL BE
LOADED ONTO TRUCKS FOR SHIPPING) IN THE A (AGRICULTURAL) ZONE
DISTRICT - DIAMOND VALLEY ENERGY PARK, LLC, CIO EXTRACTION OIL AND
GAS, 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
November, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Diamond Valley Energy Park, LLC, do Extraction Oil and Gas, LLC,
200 Plaza Drive, Suite 100, Highlands Ranch, CO 80129, for a Site Specific Development Plan
and Use by Special Review Permit, USR14-0034, for an Oil and Gas Storage and Transloading
Facility (oil storage tanks and miscellaneous processing equipment, along with a truck loading
platform where oil will be loaded onto trucks for shipping) in the A (Agricultural) Zone District, on
the following described real estate, being more particularly described as follows:
SW1/4 of Section 23, Township 6 North, Range 67
West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present, and represented by Blane
Thingelstad, with Extraction Oil and Gas, LLC, 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.
1) Section 22-2-20.1 (A.Goal 9) states: "Reduce potential conflicts
between varying land uses in the conversion of traditional
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SPECIAL REVIEW PERMIT (USR14-0034) - DIAMOND VALLEY ENERGY PARK, LLC, C/O
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agricultural lands to other land uses." Further,
Section 22-5-100.A (OG.Goal 1) states: "Promote the reasonable
and orderly exploration and development of oil and gas mineral
resources."A maximum noise limit is attached as a Development
Standard to mitigate impacts of the facility and to ensure
compatibility with existing surrounding land uses.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Sections 23-3-40. A.1 and A.7 of the
Weld County Code allow for Oil and Gas Storage Facilities and
Transloading (crude oil tank farm and crude oil truck unloading facility) as
a Use by Special Review in the A (Agricultural) Zone District.
C. Section 23-2-230.6.3 — The uses which will be permitted will be
compatible with the existing surrounding land uses. This site is located to
the north of the former Kodak site, and to the south and west of and
adjacent to existing industrial business located in the Town of Windsor.
The Great Western railroad and Agricultural land are located to the north
of the site. The nearest single family residence is located approximately
one quarter mile to the west of the site. A maximum noise limit is attached
as a Development Standard and will be required to mitigate impacts of
the facility and to ensure compatibility with existing surrounding land
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 located within the three (3) mile referral areas of
the Towns of Windsor and Severance and the City of Greeley. The
property is bordered on two sides by the Town of Windsor and the Town
of Windsor has also annexed Eastman Park Drive (County Road 66). The
Town of Windsor, in the referral comments, dated August 8, 2014, is
recommending that the applicant execute a pre-annexation agreement
prior to developing the site. No referral responses were received from the
City of Greeley or Town of Severance.
E. Section 23-2-230.6.5 -- 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
delineated as "Prime," per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The site will encumber approximately
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seven (7) acres of an approximately 80-acre parcel. A portion of the
remainder of the site is already covered by an existing oil and gas
production 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 Diamond Valley Energy Park, LLC, do Extraction
Oil and Gas, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR14-0034, for an Oil and Gas Storage and Transloading Facility (oil storage tanks and
miscellaneous processing equipment, along with a truck loading platform where oil will be
loaded onto trucks for shipping) 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. The applicant shall attempt to address the comments of the Town of
Windsor as stated in the referral dated August 8, 2014. Written evidence
of such shall be provided to the Department of Planning Services.
B. The applicant shall address the drainage requirements from Engineering
Development Review as defined in correspondence between the
applicant's engineer and the Weld County Department of Planning
Services, dated October 10, 2014.
C. In the event the applicant intends to utilize the existing septic system at
the home and for business use, 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 Environment (WCDPHE). 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 for business use.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
D. The applicant shall submit written evidence from the Colorado Division of
Water Resources, demonstrating that the well is appropriately permitted
for the commercial use.
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E. The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the WCDPHE. The plan shall
include, at a minimum, the following:
1) A list of wastes which are expected to be generated on-site (this
should include expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored
on the site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
4) Solids and sediment will accumulate in the storage tanks. The
Waste Handling Plan shall include a detailed plan that describes
the method of how those solids will be removed, including all
on-site handling procedures.
5) The Waste Handling Plan shall provide a commitment to notify the
WCDPHE, in writing, in the event the plan is amended, for review
and approval.
F. Any lighting poles and lamps shall comply with Section 23-3-360.F of the
County Code, 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."
G. All signage shall be in compliance with Chapter 23, Article IV, Division II
and Appendices 23-C, 23-D and 23-E of the County Code.
H. The applicant shall submit a Dust Abatement Plan.
County Road (CR) 66 has been annexed by the Town of Windsor. The
applicant shall submit the approved access permit number from the Town
of Windsor.
J. The applicant shall submit a Floodplain Development Permit (FHDP) for
all development activities located within the special flood hazard area.
The FEMA definition of development is any man-made change to
improved or unimproved real estate including, by not limited to, buildings
or other structures, mining, dredging, filling, grading, paving, excavation,
drilling operations, or storage of equipment and materials.
K. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR14-0034.
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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) 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. Areas used for storage or trash collection
shall be screened from adjacent properties and public
rights-of-way. These areas shall be designed and used in a
manner that will prevent trash from being scattered by wind or
animals.
5) Site lighting shall be indicated on the plat.
6) Signage shall be indicated on the plat.
7) Eastman Park Drive (CR 66) is located within the incorporated
limits of the Town of Windsor and is designated as a Rural Minor
Arterial which required 130 feet of road right-of-way. A total of 65
feet from the edge of Eastman Park Drive shall be indicated as
edge of future right-of-way on the USR plat. The applicant shall
verify and delineate on the plat the existing right-of-way and the
documents creating the right-of-way. All setbacks shall be
measured from the edge of future right-of-way.
8) Show and label the floodplain and floodway (if applicable)
boundaries on the plat. Label the floodplain boundaries with the
FEMA Flood Zone and FEMA Map Panel Number or appropriate
study.
9) Label the approved Town of Windsor access onto the plat with the
approved permit number.
10) The Water Quality Feature
F t re should be labeled (No Build/No
t
Storage) and label volume required.
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
q
(120) days from the date of the Board of County Commissioners Resolution. The
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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 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. A Special Transport Permit is required for any over size or over weight
vehicles utilizing county maintained roads.
6. Prior to Release of Building Permits:
A. A Fire District Notification letter shall be submitted to the Fire District with
jurisdiction for review and comments and submitted with Commercial
Building Permit application to Weld County.
B. Detailed Plans for a concrete unloading pad shall be submitted for
approval. A leak detection system shall be designed and installed
beneath the concrete unloading pad(s) and sump(s). Plans shall be
submitted to, and approved by, Weld County Department of Public Health
and Environment.
C. Detailed plans for the concrete secondary containment structure for all
storage and processing tanks shall be submitted for approval. In
accordance with Colorado Oil and Gas Conservation Commission Rule
604, the volume retained by secondary containment should be greater
than the volume of the largest tank inside the berm and sufficient
freeboard to contain precipitation.
7. One Month Prior to Operation:
A. A Professional Engineer (PE) certified and signed copy of the Spill
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Prevention, Control and Countermeasure Plan, prepared in accordance
with the applicable provisions of 40 CFR, Part 112 shall be provided to
Environmental Health Services Division of the Weld County Department
of Public Health and Environment.
B. The applicant shall submit documentation to the Weld County Department
of Public Health and Environment that the facility was constructed in
accordance with the application materials.
8. Prior to Operation:
A. Accepted construction drawings and construction of the offsite roadway
improvements are required.
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.
9. Prior to the issuance of the Certificate of Occupancy:
A. An Individual Sewage Disposal System (I.S.D.S.) is required for the
proposed facility and shall be installed according to the Weld County
Regulations. The septic system is required to be designed by a Colorado
registered professional engineer according to the Weld County
Regulations.
10. 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.
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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 November, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:W , ii( jdo;64. EXCUSED
Douglas Rademacher, hair
Weld County Clerk to the Board I �'► n _
• I �pe• ''=,bara Kirkmeyer, P -Tern
4119
De. O Clerk to th- Boar.
t •.u��
an P. Conway
AP O D FORM: ®= ~ "( a0 0�
Mike Freeman
of
my Attorney
l William F. Garcia
Date of signature: /�f l9
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DIAMOND VALLEY ENERGY PARK, LLC,
C/O EXTRACTION OIL AND GAS, LLC
USR14-0034
1. The Site Specific Development Plan and Use by Special Review Permit, USR14-0034, is
for Mineral Resource Development Facilities including an Oil and Gas Storage and
Transloading Facility (oil storage tanks and miscellaneous processing equipment along
with a truck loading platform where oil will be loaded onto trucks for shipping) 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 are 24 hours a day, 7 days a week, as stated by the applicant(s).
4. 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.
5. 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.
6. 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.
7. If applicable, the applicant shall comply with all provisions of the State Aboveground
Storage Tank Regulations.
8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall operate in accordance with the approved Dust Abatement Plan, at all times.
9. 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.
10. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times.
11. Any contaminated soils on the facility shall be removed, treated or disposed of in
accordance with all applicable rules and regulations.
12. A current Professional Engineer (PE) certified and signed copy of the Spill Prevention,
Control and Countermeasure Plan shall be available on-site, at all times.
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13. The operation 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. 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 Section 15-1-180 of the Weld County Code.
16. Weld County is not responsible for the maintenance of on-site drainage related features.
17. There shall be no parking or staging of vehicles on County roads. On-site parking shall
be utilized.
18. The right-of-way or easement shall be graded and drained to provide an all-weather
access.
19. All construction or improvements occurring in the floodplain or floodway as delineated on
Federal Emergency Management Agency (FEMA) FIRM Community Panel Map #
080266-0605D, dated September 27, 1991, which is also part of the John Law Ditch
Physical Map Revision (PMR) (2009) shall comply with all applicable Weld County
requirements, Colorado Water Conservation Board requirements as described in Rules
and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and
requirements as described in 44 CFR parts 59, 60, and 65. The property owner shall
comply with all applicable Weld County requirements, Colorado Water Conservation
Board requirements as described in Rules and Regulations for Regulatory Floodplains in
Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60,
and 65.
20. 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, 2011 National Electrical Code, 2009 ANSI 117.1
Accessibility Code and Chapter 29 of the Weld County Code.
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21. The Emergency Action and Safety Plan shall be reviewed on an annual basis by the
Facility operator, the Fire District and the Weld County Office of Emergency
Management.
22. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
23. 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.
24. 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 Commercial Building 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.
25. 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.
26. 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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