HomeMy WebLinkAbout20142853.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0031, FOR AN OIL AND GAS SUPPORT AND SERVICE 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, a public hearing on the 24th day of September, 2014, 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., Suite 200, Lakewood, CO 80228, for a Site Specific
Development Plan and Use by Special Review Permit, USR14-0031, for an Oil and Gas
Support and Service 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 RECX14-0048,
located in a portion of the E1/2 SE1/4 and S1/2
NE1/4 of Section 2, Township 9 North, Range 59
West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant requested the matter be continued until a hearing could take
place before a full quorum of the Board of County Commissioners. The Board deemed it
advisable to continue the matter to October 15, 2014, at 10:00 a.m.
WHEREAS, on October 15, 2014, at said hearing, the applicant was present and
represented by Joseph Natale, Director of Operations for UET Midstream, 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 23-2-230.6.1 -- 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."
2) Section 22-2-20.1.5 (A. Policy 9.5) states: "Applications for a
change of land use in the agricultural areas should be reviewed in
accordance with all potential impacts to surrounding properties
and referral agencies."
3) Section 22-5-100.A. (OG.Goal 1) states: "Promote the reasonable
and orderly exploration and development of oil and gas mineral
resources."The proposed site is in a rural location where oil and
gas development is presently occurring. According to Weld
County Assessor records, the nearest residence is at least one
(1) mile from this site. A Lighting Plan is required as a Condition of
Approval for this case..
B. Section 23-2-230.6.2 -- The proposed Use is consistent with the intent of
the A (Agricultural) Zone District. Sections 23-3-40.A.1 and A.2 of the
Weld County Code allow oil and gas storage facilities and oil and gas
support facilities (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.B.3 — The Uses which will be permitted will be
compatible with the existing surrounding land uses. The proposed site is
in a rural location where oil and gas development is presently occurring.
According to Weld County Assessor records, the nearest residence is at
least one (1) mile from this site. A Lighting Plan is required as a Condition
of Approval for this case. No phone calls or correspondence have been
received from surrounding property owners in regard to this case.
However, one letter has been received from a mineral interest holder
requesting additional information about this case.
D. Section 23-2-230.B.4 -- The Uses 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 23-2-230.6.5 -- 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.
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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 approximately
158 acres; however, the proposed facility operation area will only cover a
portion of the site. The site is delineated as "Other," with a portion of the
property designated as "Prime if Irrigated," per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The Site
Plan indicates that the operations area and facility improvements will be
located within the area of the property designated as "Other".
G. Section 23-2-230.B.7 —There is adequate provisions for the protection of
the health, safety, and welfare of the inhabitants of the neighborhood and
County. The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code),
Development Standards and Conditions of Approval 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, USR14-0031, for an Oil and Gas
Support and Service 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 plat:
A. The applicant shall submit evidence of an Air Pollution Emission Notice
(A.P.E.N.) and Emissions Permit application from the Air Pollution Control
Division (APCD), Colorado Department of Public Health and Environment
(CDPHE), if applicable. Alternately, the applicant may provide evidence
from the APCD that they are not subject to these requirements. Evidence
of acceptance shall be submitted, in writing, to the Weld County
Department of Planning Services. (condition was met 8/19/14)
B. 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."
C. 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.
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D. 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.
E. The applicant shall attempt to address the requirements and
recommendations of the West Greeley Soil Conservation District, as
stated in the referral dated June 13, 2014. Written evidence of such shall
be provided to the Department of Planning Services. (condition was met
8/19/14)
F. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR14-0031.
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. The approved Lighting Plan.
6. The approved Signage Plan.
7. County Road (CR) 119 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. The applicant shall show the approved access(es) on the plat and
label with the approved access permit number (AP14-00169).
9. The applicant shall show the approved water quality feature. Label
the water quality feature on the plat as "Water Quality Feature, No
Build/Storage Area" and label the required volume.
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10. Tracking control (either 300 feet of pavement on-site or 100 feet of
pavement plus double cattle guards) shall be indicated.
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, a roved April pp p 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. If more than one (1) acre is to be disturbed for construction of
non-pipeline items such as structures, parking lots, laydown yards etc...,
a Weld County Grading Permit will be required.
C. A Right-of-way Permit is required for any work within the public
right-of-way.
D. A Special Transport Permit is required for any over size or over weight
vehicles.
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6. Prior to 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.
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of October, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: atteco c acs; EXCUSED
G JG+Gto'r�� Do glas Rademacher Chair
Weld County Clerk to the Boar• t\' E
J ' ara Kirkmeye , Pro-Tem //
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• Clerk tot Board -��
to T n P. Conway
APP
Mike Freem
u ty Attorney
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Date of signature: fin_
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
UET MIDSTREAM, LLC
USR14-0031
1. The Site Specific Development Plan and Use by Special Review Permit, USR14-0031, is
for an Oil and Gas Support and Service Facility and Oil and Gas Storage Facility (crude
oil tank farm and crude oil truck unloading facility) 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 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, 365 days a year, as stated by the
applicant(s).
5. The signage on the site shall be maintained in accordance with the approved Signage
Plan.
6. The lighting on the site shall be maintained in accordance with the approved Lighting
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 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.
14. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
15. Portable toilets are acceptable for employees or contractors on site for less than two (2)
consecutive hours a day. All other 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 Individual Sewage Disposal Systems.
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) permit from the
Colorado Department of Public Health and Environment (CDPHE), Water Quality Control
Division, as applicable.
18. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur. Any contaminated soils on the facility shall be removed,
treated or disposed of in accordance with all applicable rules and regulations.
19. A current Professional Engineer certified and signed copy of the Spill Prevention, Control
and Countermeasure Plan shall be available on-site, at all times.
20. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
21. 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.
22. 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.
23. The historical flow patterns and runoff amounts will be maintained on the site.
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24. Weld County is not responsible for the maintenance of on-site drainage related features.
25. There shall be no parking or staging of vehicles on County roads. On-site parking shall
be utilized.
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, 2011 National Electrical Code [2009 ANSI 117.1
Accessibility Code and Chapter 29 of the Weld County 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. RESOLUTION #35 Factory Built Nonresidential Structured CRS 24-32-3305 - Every
Factory-Built Nonresidential Structure manufactured after the effective date of these
regulations that is manufactured, sold, or offered for sale in this state must display an
insignia issued by the Division of Housing certifying that the unit is constructed in
compliance with the standards adopted in schedule "B" which is incorporated herein and
made a part of these Rules and Regulations by reference, and all other requirements set
forth by this resolution.
28. A Fire District Notification letter shall be submitted to the Fire District with jurisdiction for
review and comments and submitted with the Commercial Permit application to Weld
County.
29. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
30. 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.
31. 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 with the Department of Planning
Services.
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32. 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.
33. 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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