HomeMy WebLinkAbout20100138.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY
SPECIAL REVIEW PERMIT #625 FOR AN OIL AND GAS SUPPORT AND SERVICE
FACILITY (NATURAL GAS PROCESSING FACILITY AMENDED TO INCLUDE AN
ADDITIONAL COMPRESSOR AND STORAGE AREAS) 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 20th day
of January, 2010, 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 Mercado Street, Suite 250, Durango,
Colorado 81601, for a Site Specific Development Plan and Amended Use by Special Review
Permit#625 for an Oil and Gas Support and Service Facility (natural gas processing facility
amended to include an additional compressor and storage areas) in the A (Agricultural) Zone
District, on the following described real estate, being more particularly described as follows:
SE-218; being part of the SW1/4NW1/4 of
Section 27, Township 5 North, Range 64 West of
the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Steve Szabo,
2148 26th Avenue, Greeley, Colorado 80634, 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 22-5-100D.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." The original
Use by Special Review Permit (USR-625) was approved on June 6, 1984,
under reception number 01970997, for a natural gas processing facility.
Since 1984, the Weld County Department of Planning Services has not
2010-0138
PL0568
C� , 1/-, ✓ 1U, /1,f /±Ft, FL--p 037/ O
AMENDED SPECIAL REVIEW PERMIT#625 -AKA ENERGY GROUP, LLC
PAGE 2
received any complaints regarding this facility. Therefore, the addition of
a compressor, storage area, and communication tower shall continue to
be compatible with the surrounding uses, with appropriate screening.
Section 23-2-240.A.10 of the Weld County Codes states, "...that buffering
or screening of the proposed use from adjacent properties may be
required in order to make the determination that the proposed use is
compatible with the surrounding uses." The site is currently screened on
all four sides with slats through the chain link fence.
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 for a Site Specific Development Plan and Amended Use by
Special Review Permit for Oil and Gas Support and Service Facility
(natural gas processing facility amended to include an additional
compressor and storage areas) 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 surrounding
properties to the north, south, east, and west are zoned A (Agricultural).
The property is located with the three-mile referral area for the Town of
Kersey. The Town of Kersey indicated no conflicts with the proposed
development, in the referral response dated September 15, 2009.
Therefore, given the minimal impact of the proposed Amendment
(additional compressor, storage areas, and communication tower) the use
will be compatible with the surrounding land uses, as the surrounding
area is agricultural in nature with a few single-family residences in the
area. The Conditions of Approval and Development Standards will
ensure that the use will be compatible with existing surrounding land
uses.
d. Section 23-2-230.B.4 -- The uses which will be permitted will be
compatible with future development of the surrounding area as permitted
by the existing zoning and with the future development as projected by
Chapter 22 of the Weld County Code, and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The property is not located within an Intergovernmental
Agreement (IGA) area, but is located within the three-mile referral area for
the Town of Kersey. The Town of Kersey indicated no conflicts with the
proposed development, in the referral response dated September 15,
2009. The surrounding area is agricultural in nature, with a few
single-family residences in the area. The Conditions of Approval and
Development Standards will ensure that the use will be compatible with
existing surrounding land uses.
e. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The existing site is located within the
County-Wide Road Impact Fee Area, Capital Expansion Impact Fee Area,
and the Stormwater/Drainage Impact Fee area. Effective January 1,
2010-0138
PL0568
AMENDED SPECIAL REVIEW PERMIT#625 -AKA ENERGY GROUP, LLC
PAGE 3
2003, building permits issued on the proposed lots will be required to
adhere to the fee structure of the County-Wide Road Impact Fee
Program. Effective August 1, 2005, building permits issued on the
subject site will be required to adhere to the fee structure of the Capital
Expansion Impact Fee and the Stormwater/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. The subject site is classified as "Irrigated Land Not
Prime," as delineated on the Important Farmlands of Weld County map,
dated 1979. This size of the parcel is 2.79 acres and it is currently
developed under USR-625, therefore, it is not conducive to agricultural
uses.
g. Section 23-2-230.B.7 — There are 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 of the Weld
County Code), Operation Standards (Section 23-2-250 of the Weld
County Code), Conditions of Approval, and Development Standards will
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 Aka Energy Group, LLC, for a Site Specific
Development Plan and Amended Use by Special Review Permit #625 for an Oil and Gas
Support and Service Facility (natural gas processing facility amended to include an additional
compressor and storage areas) in the A (Agricultural) Zone District, on the parcel of land
described above be, and hereby is, granted subject to the following conditions:
1. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled AmUSR-625.
B. The attached Development Standards.
C. The plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code.
D. County Road 55 is classified by the County as a local gravel road, which
requires 60 feet of right-of-way at full buildout. The applicant shall verify
the existing right-of-way and the documents creating the right-of-way.
The plat shall delineate the existing right-of-way and the documents
which created it.
E. The off-street parking areas shall be surfaced with gravel, or the
equivalent.
2010-0138
PL0568
AMENDED SPECIAL REVIEW PERMIT#625 -AKA ENERGY GROUP, LLC
PAGE 4
F. Each parking space shall be equipped with wheel guards or curb blocks.
G. The plat shall include a detail of the sign and placement location.
H. A Lighting Plan, including cut sheets of the intended lights, shall be
provided to the Department of Planning Services, for review and
approval. The Lighting Plan shall adhere to the lighting requirements for
off-street parking spaces, per Section 23-4-30.E of the Weld County
Code, and shall adhere to the lighting requirements in accordance with
Sections 23-3-360.F and 23-2-250.D of the Weld County Code. Further,
the approved Lighting Plan shall be indicated on the plat.
2. The applicant shall address the requirements and concerns of the Weld County
Department of Building Inspection, as stated in the referral response dated
October 6, 2009. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
3. The applicant shall address the requirements and concerns of the Weld County
Department of Public Works, as stated in the referral responses dated
September 21, and December 14, 2009. Evidence of such shall be submitted, in
writing, to the Weld County Department of Planning Services.
4. The applicant shall submit a Dust Abatement Plan (on-site dust), for review and
approval, to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. Evidence of approval shall be
submitted, in writing, to the Weld County Department of Planning Services.
5. The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department of Public
Health and Environment. Evidence of approval shall be submitted, in writing, to
the Weld County Department of Planning Services. The plan shall include, at a
minimum, the following:
1) A list of wastes which are expected to be generated on the site (this
should include expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on the
site.
3) The waste handler and facility where the waste will be disposed of
(including the facility name, address, and phone number).
6. The applicant shall enter into a Private Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate collateral for all
transportation (access drive, parking areas, drainage, etcetera) and
non-transportation improvements. The agreement and form of collateral shall be
reviewed by County staff and accepted by the Board of County Commissioners
prior to recording the USR plat. Alternately, the applicant may submit evidence
2010-0138
PL0568
AMENDED SPECIAL REVIEW PERMIT#625 -AKA ENERGY GROUP, LLC
PAGE 5
that all the work has been completed and accepted by the Departments of
Planning Services and Public Works.
7. Upon completion of Conditions of Approval #1 through #6 above, the applicant
shall submit three (3) paper copies of the plat, for preliminary approval, to the
Weld County Department of Planning Services. Upon approval of the paper
copies, 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 thirty (30) days from the date of the Board
of County Commissioners Resolution. The applicant shall be responsible for
paying the recording fee.
8. In accordance with Weld County Code Ordinance #2005-7, approved June 1,
2005, should the plat not be recorded within the required thirty (30) 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.
9. 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.
10. 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.
2010-0138
PL0568
AMENDED SPECIAL REVIEW PERMIT #625 -AKA ENERGY GROUP, LLC
PAGE 6
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of January, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: y f �P
12 Doug s Radema er, Chair
Weld County Clerk to the ar a
1 �� " i i µ y_,,„ rbara Kirkmeyer, P4Zo-Tem
BY: �. < :. t3 / — �/�
Deputy Clerk to the BoaPd f —
Sean P. Cpnway --
APP ED
William F. Garcia
ounty ttorney EXCUSED
/ David E. Long
Date of signature: 02/.2 �!0
2010-0138
PL0568
SITE SPECIFIC DEVELOPMENT PLAN
AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
AKA ENERGY GROUP, LLC
AMUSR-625
1. Site Specific Development Plan and Amended Use by Special Review Permit #625 is for
an Oil and Gas Support and Service Facility (natural gas processing facility amended to
include an additional compressor and storage areas) in the A (Agricultural) Zone District
and is subject to the Development Standards stated hereon.
2. The appearance of the facility shall be maintained in a neat and orderly condition
through periodic painting and maintenance.
3. Upon cessation of the proposed use, the natural gas processing facility shall be removed
and the land shall be reclaimed to its prior use.
4. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
5. 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 which protects against surface and groundwater contamination.
6. 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.
7. Waste materials shall be handled, stored, and disposed of in a manner which controls
fugitive dust, blowing debris, and other potential nuisance conditions.
8. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
9. Fugitive dust shall be controlled on this site. The facility shall be operated in accordance
with the approved Dust Abatement Plan, at all times.
10. 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.
11. All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations.
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. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. The facility shall utilize the existing private water supply (Well permit 161427).
2010-0138
PL0568
DEVELOPMENT STANDARDS -AKA ENERGY GROUP, LLC (AMUSR-625)
PAGE 2
14. Adequate drinking, hand washing, and toilet facilities shall be provided for employees
and patrons, at all times.
15. This application is proposing a well as its source of water. The applicant shall be made
aware that while it may be possible to obtain a well permit from the Office of the State
Engineer, Division of Water Resources, the quantity of water available for usage may be
limited to specific uses, i.e. domestic use only, etcetera. Also, the applicant shall be
made aware that groundwater may not meet all drinking water standards, as defined by
the Colorado Department of Public Health and Environment. The applicant is
encouraged to test the drinking water prior to consumption and periodically thereafter.
16. 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.) Regulations.
17. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
18. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
19. Effective January 1, 2003, building permits issued on the lot will be required to adhere to
the fee structure of the County-Wide Road Impact Fee Program.
20. Effective August 1, 2005, building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
21. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
22. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
23. A building permit shall be obtained prior to the change of use, or the construction of any
new structures.
24. A plan review is required for each building for which a building permit is required. Two
complete sets of plans are required when applying for each permit. A Code Analysis
Data sheet, provided by the Weld County Department of Building Inspection, shall be
provided with each building permit application. Submittal plans shall include a floor plan
showing the specific uses of each area for the building. The Occupancy Classification
will be determined by Chapter 3 of the 2006 International Building Code. The plans shall
also include the design for fire separation and occupancy separation walls, when
required by Chapters 5 and 7 of the 2006 International Building Code. Fire Protection
shall conform to Chapter 9 and exiting requirements by Chapter 10.
25. Buildings 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,
2010-0138
PL0568
DEVELOPMENT STANDARDS -AKA ENERGY GROUP, LLC (AMUSR-625)
PAGE 3
2006 International Plumbing Code, 2006 International Fuel Gas Code, 2008 National
Electrical Code, and Chapter 29 of the Weld County Code.
26. All building plans shall be submitted to Platte Valley Fire Protection District, for review
and approval, prior to the issuance of building permits.
27. 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.
28. The screening on the site shall be maintained in accordance with the approved
Screening Plan.
29. Hours of operation for the facility shall be 24 hours per day, 7 days per week.
30. 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.
31. Weld County Government personnel 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 Development Standards stated herein and all applicable Weld County regulations.
32. The historical flow patterns and runoff amounts will be maintained on the 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.
33. The Amended 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.
34. 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.
35. 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.
2010-0138
PL0568
Hello