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HomeMy WebLinkAbout20122885.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Robert Grand,that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR12-0048 APPLICANT: KENYON AYARS PLANNER: KIM OGLE REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR OIL AND GAS SUPPORT AND SERVICE, INCLUDING OIL AND GAS PROCESSING FACILITIES AND RELATED EQUIPMENT, INCLUDING,BUT NOT LIMITED TO, THREE (3) COMPRESSORS ASSOCIATED WITH GAS PROCESSING OR WHICH COMPRESS GAS TO ENTER A PIPELINE FOR TRANSPORT TO MARKET, IN THE A(AGRICULTURAL)ZONE DISTRICT. LEGAL DESCRIPTION: LOT A RECX12-0046;PART OF THE SE4 OF SECTION 14,T11 N,R63W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: NORTH OF CR 128 SECTION LINE;WEST OF CR 71 SECTION LINE. be recommended favorably to the Board of County Commissioners 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 Planning Commission that the applicant has shown compliance with Section 23- 2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-5-100.A. (OG.Goal 1.)states" Promote the reasonable and orderly exploration and development of oil and gas mineral resources;"and Section 22-5-100.B.(OG.Goal 2.)states"Ensure that the extraction of oil and gas resources conserves the land and minimizes the impact on surrounding land and the existing surrounding land uses;" and Section 22-5-100.B. (OG.Policy 2.9.) states "Impose protective measures through available state, County and federal regulations to ensure that the mineral operator conducts operations in a manner that will minimize current and future environmental impacts." The request for a Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development Facility including a Natural Gas Processing Facility in the A (Agricultural) Zone District is for a new 3 unit gas compressor facility, being part of a pipeline and gas processing plant network necessitated by the need to move larger volumes of gas due to the recent increases in drilling activity and projected additional production increases anticipated by producers. B. Section 23-2-220.A.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 provides for Oil and Gas Support and Service, including oil and gas processing facilities and related equipment, including,but not limited to,compressors associated with gas processing or which compress gas to enter a pipeline for transport to market, in the A (Agricultural)Zone. C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing surrounding land uses. The property is generally flat with little slope and the surrounding lands in each direction are in rangeland for the pasturing of livestock, with a well head and tank battery immediately adjacent to the west. There are several oil and gas encumbrances in the general area with no residential dwellings in the immediate vicinity of the proposed facility. There are two(2)property owners within five hundred feet of this facility. The entire property is presently in pasture lands and similar grasses. There have been no letters, telephone calls, or electronic mail received from interested parties. EXHIBIT A RESOLUTION USR12-0048 KENYON AYARS PAGE 2 D. Section 23-2-220.A.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 existing site is not within the three mile referral area of any municipality. E. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code. The existing site is not within a recognized overlay district, including the Geologic Hazard, Flood Hazard or Airport Overlay District. The existing site is within the County-wide Road Impact Fee Area. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2) Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2) F. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. This proposed facility is located on a 5 acre parcel for the compressor site. The proposed facility is sited on lands that are designated"High Potential Dry Cropland Prime if they become Irrigated"on the Important Farmlands of Weld County map dated 1979. G. Section 23-2-220.A.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 ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part,upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. The plat shall be amended to delineate the following: 1. All sheets of the plat shall be labeled USR12-0048 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4. The applicant shall delineate the trash collection areas. Section 23-2-260.C.11 and Section 23-3-350.A.6 of the Weld County Code address the issue of trash collection areas. Areas used for storage or trash collection shall be screened from adjacent public rights-of-way and adjacent properties. These areas shall be designed and used in a manner that will prevent wind or animal scattered trash. (Department of Planning Services) RESOLUTION USR12-0048 KENYON AYARS PAGE 3 5. County Road 130 is designated on the Weld County Road Classification Plan as a local gravel road,which requires 60 feet of right-of-way at full build out.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. (Department of Public Works) 6. County Road 71 is a Section Line access. The applicant shall compete a Nonexclusive License Agreement for the upgrade and Maintenance of weld County right-of-way. The applicant shall finalize the Nonexclusive License Agreement by providing an original signature to the Public Works Department so it can be processed with the Weld county Board of County Commissioners to provide access utilizing the County Section line access[right-of-way]to the facility. (Department of Public Works) 7. The applicants have an approved access from County Road 71. Proposed traffic includes three-four employees visiting the site each day. Please show and label on the Site Plan,the proposed access width(minimum 20 foot for emergency vehicles), the turning radiuses into the site (45-60 foot radiuses required to accommodate trucks), and the proposed 15" RCP culvert at the access. (Department of Public Works) 8. Tracking control is required to prevent tracking of mud and debris on to the County roadway. Please show and label a double cattle guard(2 cattle guards placed back to back to allow for a full rotation of truck tires)at the access. Place the cattle guards far enough back from the County roadway to allow a tractor trailer to completely pull off the main roadway before crossing the cattle guards. (Contact the Utility Coordinator for Weld County Public Works for a right-of-way permit for any work that may be required in the right-of-way. A special transport permit will be required for any oversized or overweight vehicles that may access the site. (Department of Public Works) 9. Based upon the proposed traffic volumes to this facility a traffic study was not required.As this is an unmanned facility the applicant is indicating a pick-up will visit the site one or two times a day. 10. The applicant shall delineate the approved access permit number and referenced the approved access permit number[AP No.]on the USR Plat. (Department of Public Works) 11. The water quality capture feature to be located on site that will capture the storm water and hold any contaminates on site. (Department of Public Works) 12. The approved Sign Plan for the facility. (Department of Planning Services) 13. The approved Lighting Plan for the facility. (Department of Planning Services) B. The applicant shall address the concerns of the Department of Public Works as indicated in their referral dated July 30,2012. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Works) RESOLUTION USR12-0048 KENYON AYARS PAGE 4 C. 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, Colorado Department of Health and Environment to Environmental Health Services Division of the Weld County Department of Public Health &Environment.Altemately, the applicant can provide evidence from the APCD that they are not subject to these requirements. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services (Department of Public Health and Environment) D. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 2. Upon completion of 1.above 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 Department of Planning Services' Staff. 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. (Department of Planning Services) 3. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Amended Use by Special Review. Acceptable CAD formats are.dwg, .dxf, and .dgn(Microstation); acceptable GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is.e00. The preferred format for Images is.tif(Group 4).(Group 6 is not acceptable).This digital file may be sent to dhuereter(Wco.weld.co.us. (Department of Planning Services) 4. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005,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 be added for each additional 3 month period. (Department of Planning Services) 5. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning) Motion seconded by Jordan Jemiola. VOTE: For Passage Against Passage Absent Robert Grand Bill Hall Jordan Jemiola Bret Elliott Benjamin Hansford Mark Lawley Nick Berryman Jason Maxey Joyce Smock RESOLUTION USR12-0048 KENYON AYARS PAGE 5 The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I,Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on October 2, 2012. Dated the 2n° of October, 2012. Digitally signed by Kristine Ranslem 7 K(Ilduk . Location:1555 N 17th Ave Date:2012.10.05 10:17:47-06'00' Kristine Ranslem Secretary SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Bear Tracker Energy-Angus Compressor Facility USR12-0048 1. The Site Specific Development Plan and a Special Review Permit for Oil and Gas Support and Service,including oil and gas processing facilities and related equipment,including,but not limited to, three(3)compressors associated with gas processing or which compress gas to enter a pipeline for transport to market, in the A(Agricultural)Zone District, and subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 4. 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,30-20-100.5,C.R.S.,as amended.(Department of Public Health and Environment) 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with the approved"waste handling plan",at all times. (Department of Public Health and Environment) 6. 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. (Department of Public Health and Environment) 7. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. Portable toilets and bottled water are allowed for employees or contractors that are on-site for less than two (2)consecutive hours per day. (Department of Public Health and Environment) 8. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in Section 14-9-30 of the Weld County Code, or with all applicable State noise statutes and/or regulations. (Department of Public Health and Environment) 9. The operation shall comply with all applicable rules and policies regulated by the Colorado Oil and Gas Conservation Commission. (Department of Public Health and Environment) 10. 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. (Department of Public Health and Environment) 11. The applicant shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations. (Department of Public Health and Environment) 12. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado Department of Public Health and Environment (CDPH&E), Water Quality Control Division, as applicable. (Department of Public Health and Environment) 13. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 14. A building permit will be required for the 3 compressors and associated buildings and equipment. (Department of Building Inspection) RESOLUTION USR12-0048 KENYON AYARS PAGE 7 15. A building permit application must be completed and two complete sets of engineered plans including engineered foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. (Department of Building Inspection) 16. A geotechnical engineering report performed by a registered State of Colorado engineer shall be required or a open hole inspection. (Department of Building Inspection) 17. Buildings,equipment and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2006 International Building Code;2006 International Mechanical Code;2006 International Plumbing Code: 2006 International Energy Code; 2006 International Fuel Gas Code; 2011 National Electrical Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. Surgery center shall conform to Section 422 of the 2006 International Plumbing Code. (Department of Building Inspection) 18. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases,diversions,concentration and/or unplanned ponding of storm run-off. (Department of Public Works) 19. The applicant must take into consideration storm water capture/quantity and provide accordingly for best management practices. (Department of Public Works) 20. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 21. The applicant is required to comply with all Colorado Oil and Gas Conservation Commission (COGCC)rules and regulations including drill pad construction,storm water controls,and reclamation. (Department of Planning) 22. Effective April 25,2011,Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program.(Ordinance 2011-2)(Department of Planning) 23. Effective April 25,2011,Building Permits issued on the proposed lots,will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2) (Department of Planning) 24. The facility will operate 24 hours per day 365 days per year. (Department of Planning Services) 25. The facility will comply with the approved Lighting Plan and Section 23-3-250.D.1 Lighting Standards of the Weld County Code. (Department of Planning Services) 26. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. (Department of Planning Services) 27. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. (Department of Planning Services) 28. 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. (Department of Planning Services) RESOLUTION USR12-0048 KENYON AYARS PAGE 8 29. The 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. (Department of Planning Services) 30. 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. (Department of Planning Services) 31. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views,spaciousness,wildlife, lack of city noise and congestion,and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts,including noise from tractors and equipment;slow-moving farm vehicles on rural roads;dust from animal pens,field work,harvest and gravel roads;odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102,C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved"out of the way"of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000)square miles in size(twice the size of the State of Delaware)with more than three thousand seven hundred(3,700)miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County,and the distances which must be traveled may delay all emergency responses,including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed,will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas,in many cases,will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. RESOLUTION USR12-0048 KENYON AYARS PAGE 9 People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment,ponds and irrigation ditches,electrical power for pumps and center pivot operations, high speed traffic,sandburs,puncture vines,territorial farm dogs and livestock,and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. The Chair asked if there was anyone in the audience who wished to speak for or against the continuance of this case. No one wished to speak. ▪ Motion: Continue Case USR12-0047 to the October 16, 2012 Planning Commission hearing, Moved by Bill Hall, Seconded by Benjamin Hansford. Motion passed unanimously. CASE NUMBER. USR12-0048 APPLICANT: KENYON AYARS PLANNER: KIM OGLE REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR OIL AND GAS SUPPORT AND SERVICE, INCLUDING OIL AND GAS PROCESSING FACILITIES AND RELATED EQUIPMENT, INCLUDING,BUT NOT LIMITED TO, THREE (3) COMPRESSORS ASSOCIATED WITH GAS PROCESSING OR WHICH COMPRESS GAS TO ENTER A PIPELINE FOR TRANSPORT TO MARKET, IN THE A (AGRICULTURAL)ZONE DISTRICT. LEGAL DESCRIPTION: LOTA RECX12-0046, PART OF THE SE4 OF SECTION 14,T11N,R63W OF THE 6TH P.M.. WELD COUNTY, COLORADO. LOCATION: NORTH OF CR 128 SECTION LINE; WEST OF CR 71 SECTION LINE. CJ Kim Ogle, Planning Services, presented Case USR12-0048, reading the recommendation and comments into the record. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. In addition, Public Works and Environmental Health presented their reports and stated that they have no concerns with this request. ▪ Grant Burchell. Engineering Manager for Bear Tracker Energy, 1512 Larimer Street, Suite 540, Denver CO, stated that many of the oil wells are flaring gas in the area. They have contracted with the producer to gather that flare gas and bring it to market. They will install a gathering system from each wellhead to this location and compress it and then it will go north 1 mile to the processing plant,which is permitted under USR- 1772, for Pecan Pipeline. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. The Chair asked the applicant if he read through the Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that he is in agreement. aMotion: Forward Case USR 12-0048 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Robert Grand, Seconded by Jordan Jemiola Vote: Motion carried by unanimous roll call vote (summary: Yes = 9). Yes: Benjamin Hansford, Bill Hall Bret Elliott, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman, Robert Grand. tJ CASE NUMBER: USR12-0049 APPLICANT: COLORADO DEPARTMENT OF HIGHWAYS PLANNER: KIM OGLE REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW PERMIT(FORMERLY USR-993 AND USR-883)FOR A RECREATIONAL FACILITY(SHOOTING RANGE)AND A PUBLIC UTILITIES FACILITY INCLUDING EQUIPMENT STORAGE OR REPAIR FACILITIES IN THE A (AGRICULTURAL) ZONE DISTRICT LEGAL DESCRIPTION: LOT B RE-2692; PART W2NE4 SECTION 21, T5N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: SOUTH OF AND ADJACENT TO CR 60.5 AND EAST OF CR EXHIBIT 13 LI3ZZi3-Dc' K Hello