HomeMy WebLinkAbout20122884.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR12-0048, 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 -
BEAR TRACKER ENERGY
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 17th day
of October, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Bear Tracker Energy, 1512 Larimer Street, Suite 540, Denver,
Colorado 80202-1620, for a Site Specific Development Plan and Use by Special Review Permit,
USR12-0048, 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, on the following described real estate, being more particularly
described as follows:
Lot A of Recorded Exemption, RECX12-0046;
being part of the SE1/4 of Section 14, Township 11
North, Range 63 West of the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing, the applicant was represented by Grant Burchell, Bear
Tracker Energy, 1512 Larimer Street, Suite 540, Denver, Colorado 80202-1620, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the following
reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect. Section
22-5-100.A (OG.Goal 1) states: `Promote the reasonable and orderly
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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 Use by Special Review Permit for a Mineral
Resource Development Facility including oil and gas support and service
in the A (Agricultural) Zone District is for a new three (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 23-2-230.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 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
District.
C. Section 23-2-230.B.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.
D. Section 23-2-230.8.4 -- 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 (3) mile referral
area of any municipality.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, 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. Effective April 25, 2011, building permits
issued on the property will be required to adhere to the fee structure of
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the County-Wide Road Impact Fee Program. Effective April 25, 2011,
building permits issued on the property will be required to adhere to the
fee structure of the County Facility Fee and Drainage Impact Fee
Programs.
F. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. This proposed facility is located on a five (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 23-2-230.6.7 -- The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards 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 Bear Tracker Energy, for a Site Specific
Development Plan and Use by Special Review Permit, USR12-0048, 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, 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 plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR12-0048.
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. Sections
23-2-260.C.11 and 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
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) 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 buildout. The applicant shall verify the existing
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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.
6) CR 71 is a Section Line Access. The applicant shall complete 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 Department of Public Works, to 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.
7) The applicants have an approved access from CR 71. Proposed
traffic includes three to four (3-4) employees visiting the site each
day. The applicant shall show and label, on the Site Plan, the
proposed access width (minimum 20 feet for emergency vehicles),
the turning radiuses into the site (45-60 foot radiuses required to
accommodate trucks), and the proposed 15-inch reinforced
concrete pipe (RCP) culvert at the access.
8) 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.
9) The applicant shall delineate the approved access permit number
(to be provided).
10) The water quality capture feature to be located on-site that will
capture the storm water and hold any contaminates on-site.
11) The approved Sign Plan for the facility.
12) The approved Lighting Plan for the facility.
B. The applicant shall address the concerns of the Weld County Department
of Public Works, as indicated in the referral dated July 30, 2012.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
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 (APCD) of the Colorado Department of Public Health and
Environment to the Environmental Health Services Division of the Weld
County Department of Public Health and Environment. Alternately, the
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applicant may 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.
D. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. Upon completion of Condition of Approval #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 the Department of Planning Services. 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.
3. 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.
4. 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 be added for each additional three (3)
month period.
5. 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of October, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,
COLORADO
ATTEST ~1 (�
\Sean P. ay Chair �1
Weld County Clerk to the oat L f J
kir Wil m . Garcia, Pro Tem
BY: 4
Deputy Clerk to the Board j, - ix
Barbara Kii(rkmeyer
APP D RM: o� c 1 ("c1(
David E. Long
oun y Attorney Ov
DouglasRademacher
Date of signature: //��We
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BEAR TRACKER ENERGY
USR12-0048
1. The Site Specific Development Plan and Use by Special Review Permit, USR12-0048, is
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.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. 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.
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, Section 30-20-100.5, C.R.S.
5. Waste materials shall be handled, stored, and disposed of 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.
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.
7. Adequate drinking, hand washing 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.
8. This facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone District, as delineated in Section 14-9-30 of the Weld County Code, or
with all applicable state noise statutes and/or regulations.
9. The operation shall comply with all applicable rules and policies of the Colorado Oil and
Gas Conservation Commission.
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.
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11. The applicant shall comply with all provisions of the State Underground and Above
Ground Storage Tank Regulations.
12. The applicant shall obtain a Colorado Discharge Permit System Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division,
as applicable.
13. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
14. A building permit will be required for the three (3) compressors and associated buildings
and equipment.
15. A Building Permit Application must be completed and two (2) 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.
16. A Geotechnical Engineering Report, performed by a Colorado registered engineer, shall
be required or an Open Hole 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 have 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.
18. The historical flow patterns and runoff 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 runoff rate and velocity increases,
diversions, concentration and/or unplanned ponding of storm runoff.
19. The applicant shall take into consideration storm water capture/quantity and provide
accordingly for Best Management Practices (BMPs).
20. Weld County is not responsible for the maintenance of on-site drainage related features.
21. The applicant is required to comply with all Colorado Oil and Gas Conservation
Commission (COGCC) rules and regulations including drill pad construction, stormwater
controls, and reclamation.
22. Effective April 25, 2011, building permits issued on the property will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
23. Effective April 25, 2011, building permits issued on the property will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee
Programs.
24. The facility will operate 24 hours per day, 365 days per year.
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25. The facility will comply with the approved Lighting Plan and Section 23-3-250.D.1,
Lighting Standards, of the Weld County Code.
26. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
27. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
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.
29. 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.
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.
31. 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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