HomeMy WebLinkAbout20132928.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY
SPECIAL REVIEW PERMIT, USR13-0042 (FKA USR-866), FOR MINERAL
RESOURCE DEVELOPMENT FACILITIES, INCLUDING AN OIL AND GAS SUPPORT
AND SERVICE FACILITY (EXPANSION OF AN EXISTING GAS PROCESSING
FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT - AKA ENERGY GROUP,
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 23rd day
of October, 2013, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of AKA Energy Group, LLC, 65 Mecado Street, Suite 250, Durango,
Colorado, 81301-7317, for a Site Specific Development Plan and Amended Use by Special
Review Permit, USR13-0042 (fka USR-866), for Mineral Resource Development Facilities,
including an Oil and Gas Support and Service Facility (expansion of an existing Gas Processing
Facility) in the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
Lot C of Recorded Exemption, RE -4508; being part
of the NW1/4 of Section 32, Township 4 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, and represented by Steve
Szabo, Project Manager, 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 non urban residential, commercial and industrial
ekf.t 3ALt apek-
2013-2928
"„V3- 2.OV3 PL0455
SPECIAL REVIEW PERMIT (USR13-0042) —AKA ENERGY GROUP, LLC
PAGE 2
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."
2) 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."
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." A number of Conditions of
Approval and Development Standards, including a Lighting Plan,
Noise Abatement Plan, and Noise Standard, are attached to
ensure consistency with the County Code and to address
compatibility with the 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. Section 23-3-40.A.2 of the Weld County
Code allows Oil and Gas Support Facilities 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
Amended USR site is located adjacent to farm ground to the north, south,
east and west. There is a multi -family apartment building located
approximately 750-800 feet to the west of the site. The nearest existing
single family residences are located approximately 1/4 mile to the west
and approximately 1/2 mile to the south of the site. A number of
Conditions of Approval and Development Standards (Lighting Plan, Noise
Abatement Plan, Noise Standard) are attached to ensure compatibility
with the existing surrounding land uses. No phone calls or
correspondence has been received from surrounding property owners in
regards to this case.
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 located within the three (3) mile referral areas of
the Towns of Gilcrest, Platteville and Milliken. The Town limits of Gilcrest
are located 1/2 mile from the boundary of the USR site. The site is also
located within the Cooperative Planning (Intergovernmental Agreement)
boundary of the Town of Gilcrest. Notice of a pending USR application
(through a Notice of Inquiry form) was provided to the Town of Gilcrest by
the applicant prior to submittal of the USR application, per the
requirements of Chapter 19 of the Weld County Code. The notice form
2013-2928
PL0455
SPECIAL REVIEW PERMIT (USR13-0042) —AKA ENERGY GROUP, LLC
PAGE 3
was signed and returned by the Town of Gilcrest with no comments. The
Town of Milliken, in the referral comments dated August 8, 2013,
indicated that they have no concerns. No referral response has been
received from the Towns of Gilcrest or 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 Program, 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 Amended Use by Special Review Permit site is
located on land delineated as "Prime," according to the Prime and
Important Farmlands Map of Weld and Larimer Counties. The proposed
USR area of expansion is located on an existing 8.5 -acre Recorded
Exemption lot that is not a part of the irrigated cropland area that
encompasses the majority of the remainder of the quarter section.
G. Section 23-2-230.6.7 — The attached Conditions of Approval and
Development Standards will have adequate provisions for the protection
of the Health, safety and welfare of the inhabitants of the neighborhood
and the County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of AKA Energy Group, LLC, for a Site Specific
Development Plan and Amended Use by Special Review Permit, USR13-0042 (fka USR-866),
for Mineral Resource Development Facilities, including an Oil and Gas Support and Service
Facility (expansion of an existing Gas Processing 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. In the event the applicant intends to utilize the existing septic system, 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. In the event the system is found to be inadequately sized
or constructed, the system shall be brought into compliance with current
Regulations.
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
to Environmental Health Services Division of the Weld County
2013-2928
PL0455
SPECIAL REVIEW PERMIT (USR13-0042) —AKA ENERGY GROUP, LLC
PAGE 4
Department of Public Health and Environment. Alternately, the applicant
may provide evidence from the APCD that they are not subject to these
requirements.
C. An accepted Final Drainage Report stamped and signed by a
professional engineer registered in the State of Colorado, is required.
D. An Improvements and Road Maintenance Agreement is required for the
site during construction. Road maintenance, including dust control and
damage repair, will be included.
E. The applicant shall submit a Lighting Plan to the Department of Planning
Services, for review and approval.
F. The applicant shall submit a Noise Abatement Plan to the Department of
Planning Services, for review and approval.
G. The applicant shall submit a Sign Plan to the Department of Planning
Services, for review and approval, for all Facility Identification Signs.
H. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR13-0042.
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. County Road (CR) 40 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 delineate on the
plat the existing right-of-way. All setbacks shall be measured from
the edge of right-of-way. This road is maintained by Weld County.
6. The approved Sign Plan.
7. The approved Lighting Plan.
2013-2928
PL0455
SPECIAL REVIEW PERMIT (USR13-0042) -AKA ENERGY GROUP, LLC
PAGE 5
8. Show the approved access(es) on the plat and label with the
approved permit number (will be provided).
9. Reference on the plat for the improvements on U.S. Highway 85
and CR 29 and CR 40, as outlined in the U.S. 85 Access Control
Plan 1-76 to WCR 80 December 1999.
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.
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.
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. 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
2013-2928
PL0455
SPECIAL REVIEW PERMIT (USR13-0042) — AKA ENERGY GROUP, LLC
PAGE 6
and the Weld County Office of Emergency Management. Submit
evidence of acceptance to the Department of Planning Services.
7. The Amended Use by Special Review activity shall not occur, nor shall any
building or electrical permits be issued on the property, until the Amended Use by
Special Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of October, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COU TY, COLORADO
ATTEST:,�e�..,`4,„
i am F. Garcia, Chair
Weld County Clerk to the Board
EXCUSED
ouglas Rademacher, Pro-Tem
Deputy Clerk'fo the
an P. Conway
APP.RO\ED AS TO
Mike Freeman . /
Attorney
arbara Kirkmeyerj
Date of signature: raj/3
2013-2928
PL0455
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
AKA ENERGY GROUP, LLC
USR13-0042
1. A Site Specific Development Plan and Amended Use by Special Review Permit, USR13-
0042 (fka USR-866), is for Mineral Resource Development Facilities, including an Oil
and Gas Support and Service Facility (expansion of an existing Gas Processing Facility)
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 hours of operations shall be 24 hours a day, 365 days a year. Employees will
access the site from 7:30 a.m. to 5:30 p.m. at the primary location.
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. 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.
8. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
9. 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.
10. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
2013-2928
PL0455
DEVELOPMENT STANDARDS (USR13-0042) -AKA ENERGY GROUP, LLC
PAGE 2
11.
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 (I.S.D.S.).
12. The Spill Prevention, Control and Countermeasure Plan shall be available on -site, at all
times.
13. A spillage retention berm shall be installed around the tank battery. The volume retained
by the spillage berm shall be greater than the volume of the largest tank inside the berm.
14. A current list of the maximum quantities of hazardous materials expected at the site shall
be maintained with the State Health Department, Division of Waste Management, and
Weld County Office of Emergency Management pursuant to Section 29-22-107(2)A.
C.R.S.
15. The 300 -barrel condensate tank and 100 -barrel water tank shall be located no closer
than 100 feet to all propane storage tanks.
16. A current map of the location of the gas supply shutoff valves shall be maintained with
the Platteville Fire Protection District.
17. Smoking shall not be permitted at any time on the Use by Special Review area. "NO
SMOKING" signs shall be placed and maintained on the subject site.
18. All vessels containing flammable or dangerous materials shall be identified in
accordance with the National Fire Protection Association, #704M identification system.
19. No less than one (1) 40A 240BC rated fire extinguisher shall be located and maintained
on the Use by Special Review site at all times.
20. All land within twenty-five (25) feet of any oil or gas tanks containing flammable or
combustible materials, or other appurtenant production equipment, shall be kept free of
dry weeds, grass, or rubbish.
21. The soil erosion control plan approved by the Platte Valley Soil Conservation Services
shall be maintained at all times.
22. The appearance of the facility shall be maintained in a neat and orderly manner through
periodic painting and maintenance.
23. A six-foot chain link fence, topped with three strands of barb -wire, shall enclose the Use
by Special Review area.
24. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
25. 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
2013-2928
PL0455
DEVELOPMENT STANDARDS (USR13-0042) — AKA ENERGY GROUP, LLC
PAGE 3
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.
26. 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.
27. The historical flow patterns and runoff amounts will be maintained on the site.
28. Weld County is not responsible for the maintenance of on -site drainage related features.
29. There shall be no parking or staging of vehicles on County roads. On -site parking shall
be utilized.
30. 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. 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 registered State of Colorado
engineer shall be required or an Open Hole Inspection.
a. All Building Permit requirements can be found on the Weld County web -site at:
www.co.weld.co.us/Building Inspection/commercial permits
31. Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program, the County Facility Fee and Drainage Impact
programs.
32. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
33. 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.
34. 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.
2013-2928
PL0455
DEVELOPMENT STANDARDS (USR13-0042) — AKA ENERGY GROUP, LLC
PAGE 4
35. 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.
36. 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.
2013-2928
PL0455
Hello