HomeMy WebLinkAbout20141608.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0008, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY (STORAGE AND
STAGING OF OIL AND GAS EQUIPMENT, ALONG WITH BUILDINGS UTILIZED FOR
AN OFFICE, LIGHT VEHICLE MAINTENANCE AND MATERIAL STORAGE) IN THE
A (AGRICULTURAL) ZONE DISTRICT-ANADARKO E&P COMPANY, 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 28th day
of May, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Anadarko E&P Company, LP, P.O. Box 173779, Denver, CO
80217-3779, for a Site Specific Development Plan and Use by Special Review Permit,
USR14-0008, for a Mineral Resource Development Facility, including an Oil and Gas Support
and Service Facility (storage and staging of oil and gas equipment, along with buildings utilized
for an office, light vehicle maintenance and material storage) in the A (Agricultural) Zone District,
on the following described real estate, being more particularly described as follows:
Lot A of RECX13-0096, being part of the N1/2 of
Section 2, Township 3 North, Range 66 West of the
6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by David Grigsby, Landmark
Builders, 3812 Carson Avenue, Evans, Colorado, 80620, 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.
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."
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2) Section 22-2-20. I (A.Goal 9) states: "Reduce potential conflicts
between varying land uses in the conversion of traditional
agricultural lands to other land uses."
3) Section 22-2-20. 1.3 (A.Policy 9.3) states: "Consider mitigation
techniques to address incompatibility issues. Encourage
techniques and incentives, such as but not limited to clustered
development and building envelopes, to minimize impacts on
surrounding agricultural land."
4) Section 22-2-100. A.2 (OG.Policy 1.2) states: "Oil and gas support
facilities which do not rely on geology for locations should locate in
commercial and industrial areas, when possible, and should be
subject to review in accordance with the appropriate sections of
this Code." The Department of Planning Services is
recommending Conditions of Approval (including a Lighting Plan)
to address impacts associated with the use and ensure
compatibility with the surrounding area.
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.2 of the Weld County
Code allows oil and gas support and service facilities as a Use by Special
Review (storage and staging of oil and gas equipment along with
buildings utilized for an office, light vehicle maintenance and material
storage) 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 proposed facility
is located approximately 2,000 feet east of three (3) single-family
residences. The proposed facility is located down slope from the nearest
residences on County Road (CR) 38. The nearest residences are
screened (at least partially) by existing trees. The Department of Planning
Services is not requiring screening along the western end of the storage
area. However, another single family residence is located approximately
1,200 feet to the northeast of the site (on a hill). The Department of
Planning Services is, therefore, requiring a Landscape/Screening Plan to
address screening of outdoor storage at the east end of the facility. An oil
and gas processing facility (approved under 3rd AMUSR-542) and oil and
gas equipment storage facility (USR-1018) are located to the north of the
site. Cropland is located to the east of the site and vacant land is located
to the west and south of the site. The Department of Planning Services is
recommending Conditions of Approval (including a Lighting Plan and a
Landscape/Screening Plan) to address impacts associated with the use
and ensure compatibility with the surrounding area.
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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-mile referral area of the
Towns of Gilcrest and Platteville. The Town of Gilcrest, in the referral
comments dated March 11, 2014, indicated no concerns. No referral
response has been received from the Town of Platteville.
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 23-2-230.6.6 -- 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 "prime if irrigated" land
per the 1979 Soil Conservation Service Important Farmlands of Weld
County Map. The proposed facility will be located on 34.9 acres of a
276-acre parcel.
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 Anadarko E&P Company, LP, for a Site Specific
Development Plan and Use by Special Review Permit, USR14-0008, for a Mineral Resource
Development Facility, including an Oil and Gas Support and Service Facility (storage and
staging of oil and gas equipment, along with buildings utilized for an office, light vehicle
maintenance and material storage) 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 address the requirements of the Department of Public
Works, as stated in the referral response dated March 10, 2014.
Anadarko E & P shall be responsible for acquiring additional drainage
easement with the adjacent property owner (DCP Midstream LP). A
signed and recorded drainage easement shall be submitted to the
Department of Planning Services.
B. The applicant shall address the requirements of the Department of Public
Works, as stated in the referral response dated March 10, 2014. The
applicant shall address the Drainage Report comments outlined in the
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referral from the Department of Public Works, dated March 10, 2014. A
Final Drainage Report, stamped and signed by a professional engineer
registered in Colorado, and accepted by the Department of Public Works
is required.
C. 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."
D. The applicant shall submit a Landscaping/Screening Plan to the
Department of Planning Services for review and approval. All equipment
storage areas adjacent to CR 35 shall be screened from adjacent
properties and public rights-of-way by a six-foot opaque fence or plant
material (trees, bushes). If plant material is proposed, the applicant shall
submit a plan delineating how plant material will be irrigated.
E. The applicant shall submit a Signage Plan to the Department of Planning
Services, for review and approval, if signage is desired. Signs shall be in
compliance with Chapter 23, Article IV, Division II and Appendices 23-C,
23-D and 23-E of the Weld County Code.
F. An Improvements Agreement and Road Maintenance Agreement is
required for this site. Road maintenance, including dust control, damage
repair, and triggers for improvements will be included.
G. The applicant shall address the requirements of the Colorado Division of
Water Resources, dated March 21, 2014. The applicant shall submit a
copy of an approved Well Permit for the facility.
H. The plat shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR14-0008.
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. 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.
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5) The approved Landscape/Screening Plan.
6) The approved Lighting Plan.
7) CR 35 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 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. This road is maintained by Weld County.
8) CR 38 is a 60-foot section line right-of-way. 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
right-of-way is not maintained by Weld County.
9) The applicant shall show a drainage easement on the adjacent
property for outlet culverts and rip rap.
10) The applicant shall show the approved access on the plat and
label it with the approved Access Permit Number (AP13-00172).
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version (.pdf), or three (3) paper copies, 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 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 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
Permit Application to Weld County.
B. Building and Electrical Permits may be required, per Section 29-3-10 of
the Weld County Code, for any new structures, additions or renovation to
any structures. A Building Permit Application must be completed and two
(2) complete sets of engineered plans. Material Safety Data Sheets
(MSDS) for all materials stored shall be submitted with Building Permit
Applications.
6. 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.
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.
7. 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
I.S.D.S. Regulations. The septic system is required to be designed by a
Colorado registered professional engineer, according to the Weld County
I.S.D.S. 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 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 28th day of May, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:LL��(( / C� ���,,// / EXCUSED
C/ G. �C.1�%� Douglas Rademacher, Chair
Weld County Clerk to the Board
EXCUSED
•
Barbara Kirkmeyer, Pro-Tem
De ty Clerk to the Board c
Sean P. Conway
C )
APP ED AS- RM: `i c
Mike
Mi F
othlyAttorney EL �I/���
iam . Garcia
Date of signature: ;,�1=tze
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ANADARKO E&P COMPANY, LP
USR14-0008
1. A Site Specific Development Plan and Use by Special Review Permit, USR14-0008, is
for a Mineral Resource Development Facility, including an Oil and Gas Support and
Service Facility (storage and staging of oil and gas equipment, along with buildings
utilized for an office, light vehicle maintenance and material storage) 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 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 Individual Sewage Disposal Systems (I.S.D.S.)
Regulations.
4. The hours of operation are 24 hours a day, seven (7) days a week, as stated by the
applicant(s).
5. The lighting on the site shall be maintained in accordance with the approved Lighting
Plan.
6. The landscaping/screening on the site shall be maintained in accordance with the
approved Landscaping/Screening Plan.
7. 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.
8. 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.
9. 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.
10. 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.
11. This facility shall adhere to the maximum permissible noise levels allowed in the
Non-specified Zone District, as delineated in Section 14-9-30 of the Weld County Code.
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12. Any vehicle or equipment washing areas shall capture all effluent and prevent
discharges in accordance with the Rules and Regulations of the Water Quality Control
Commission, and the Environmental Protection Agency.
13. All potentially hazardous chemicals must be handled in a safe manner in accordance
with product labeling. All chemicals and used tanks must be stored secure, on an
impervious surface, and in accordance with manufacturer's recommendations.
14. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
15. 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
I.S.D.S.
16. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
17. The applicant shall obtain a Colorado Discharge Permit System (CDPS) from the
Colorado Department of Public Health and Environment (CDPHE), Water Quality Control
Division, as applicable.
18. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
19. 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.
20. 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.
21. The applicant shall be responsible for cleaning and insuring proper drainage.
22. There shall be no parking or staging of vehicles on county roads. On-site parking shall
be utilized.
23. 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.
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24. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
25. 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.
26. 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.
27. 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.
28. 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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