HomeMy WebLinkAbout20092535.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1703 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING OIL AND GAS SUPPORT AND SERVICES (COMPRESSOR STATION)
IN THE A (AGRICULTURAL) ZONE DISTRICT - DOUGLAS AND DEBORAH
DUGGAN, C/O PETRO-CANADA RESOURCES (USA) INC.
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 30th day
of September, 2009, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Douglas and Deborah Duggan, P.O. Box 38, Grover, Colorado 80729,
c/o Petro -Canada Resources (USA) Inc., 999 18th Street, Suite 600, Denver, Colorado 80202,
for a Site Specific Development Plan and Use by Special Review Permit #1703 for a Mineral
Resource Development Facility, including Oil and Gas Support and Services (compressor
station) in the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
Part of the NW1/4 of Section 4, Township 10 North,
Range 61 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Sherri Robbins,
Petro -Canada Resources (USA) Inc., 999 18th Street, Suite 600, Denver Colorado 80202, 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:
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, "Oil and gas exploration and
production should occur in a manner which minimizes the impact to
agricultural uses and the environment and reduces the conflicts between
mineral development and current and future surface uses." Further,
Section 22-5-100.B (OG.Goal 2) states, "The extraction of oil and gas
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SPECIAL REVIEW PERMIT #1703 - DOUGLAS AND DEBORAH DUGGAN, CIO
PETRO-CANADA RESOURCES (USA) INC.
PAGE 2
resources should conserve the land and minimize the impact on
surrounding land." The request for a Site Specific Development Plan and
Use by Special Review Permit, for a Mineral Resource Development
Facility, including Oil and Gas Support and Services (compressor station)
in the A (Agricultural) Zone District, is the site of an abandoned
compressor station site which was originally leased by Juniper Gas
Gathering System in 1986. There is no evidence of a land use permit for
this facility. The proposed facility requires the ability to move larger
volumes of gas from the facility onto the Lilli Gas Processing facility
(which is located in the SW1/4 of Section 4, Township 8 North, Range 58
West), due to the recent increases in drilling activity and projected
additional increases in the Grover field system.
B. Section 23-2-230.6.2 -- 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 a Site Specific Development Plan and Use by Special
Review Permit for a Mineral Resource Development Facility, including Oil
and Gas Support and Services (compressor station) 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 facility
is located on a one -acre parcel formerly utilized as a compressor station.
The property is fenced with three -strand barbed wire on wood posts, with
a metal gate at the point of ingress and egress. In all directions,
agricultural lands dominate: to the north of County Road 122 are
undeveloped range and grazing lands with oil and gas wells and tank
batteries; to the south are lands associated with range/grazing and oil and
gas development; to the west are range/grazing lands and the municipal
limits for the Town of Grover; and to the east are range/grazing lands and
oil and gas wells. There are six property owners within five hundred feet
of this property, with the nearest residence being 1,500 feet southwest
and 2,000 feet west of the proposed facility. Staff has received no
correspondence (electronic and/or letters), telephone inquiries, or
inspection of the case file by interested parties.
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 existing site is within the three-mile referral area for
the Town of Grover. In a referral response dated July 28, 2009, the Town
indicated several issues which require mitigation including, noise, traffic,
and visual aesthetics. The Town noted that Petro -Canada appeared
sensitive to the concerns raised and indicated that every effort would be
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PETRO-CANADA RESOURCES (USA) INC.
PAGE 3
undertaken to mitigate the concerns raised. A Screening Plan and a
Lighting Plan are required within the Conditions of Approval.
Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. Effective January 1, 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. This facility is located on a one -acre site within a 136 -acre
parcel on lands formerly utilized as an oil and gas production facility. The
site, which is now abandoned, will be utilized for the Petro -Canada
facility.
G. Section 23-2-230.B.7 -- 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
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 Douglas and Deborah Duggan, do
Petro -Canada Resources (USA) Inc., for a Site Specific Development Plan and Use by Special
Review Permit #1703 for a Mineral Resource Development Facility, including Oil and Gas
Support and Services (compressor station) 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 USR-1703.
2) The plat shall be prepared per Section 23-2-260.D of the Weld
County Code.
3) The attached Development Standards.
4) County Roads 122 and 89 are designated on the Weld County
Road Classification Plan as local gravel roads, which require 60
feet of right-of-way at full buildout. There is presently sixty feet of
right-of-way. The applicant shall verify the existing right-of-way
and the documents creating the right-of-way. All setbacks shall be
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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.
5) The screened trash enclosure for the facility.
6) A graphic key and/or symbol serving to identify each component
which is located within the USR boundary. The key and
corresponding component shall be summarized in tabular format
and be clearly delineated on the plat.
7) The applicant shall delineate contours for the site and 200 feet off
the site, with a minimum of two -foot contour intervals.
8) The applicant shall delineate the thirty-foot pull -off road access
before the gate to the facility to accommodate vehicles to pull off
of County Road 122 prior to opening the gate, and shall delineate
the extent of the road base into and within the facility.
9) A drainage easement shall be delineated and a legal description
of the easement shall be described on the plat.
10) The dimension and volume of the water quality features shall be
delineated on the plat.
The applicant shall submit additional information for review of the Final
Drainage Report/Stormwater Management Plan, including the placement
of the water quality features on the north side of the site, according to the
Site Plan. Drainage across the site appears to be south and east. The
water quality features are required to be placed so that runoff from the
site may be captured and treated. Evidence of such shall be submitted,
in writing, to the Weld County Department of Planning Services.
C. 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 such 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 the expected volumes and types of waste
generated).
2) A list of the type and volume of chemicals expected to be stored
on the site.
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3) The waste handler and facility where the waste will be disposed of
(including the facility name, address, and phone number).
D. The applicant shall provide evidence of approval by the Department of
Public Works concerning the existing access to the facility and
stormwater drainage, as addressed in the memorandums dated June 24
and 25, 2009. Written evidence of approval shall be submitted to the
Weld County Department of Planning Services.
The applicant shall provide written evidence from the Department of
Building Inspection of compliance with building permits issued by the
Department of Building Inspection, as outlined in the referral dated
July 30, 2008. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
F. The applicant shall provide an approved Screening Plan, which
addresses the outdoor storage of materials, mitigation of noise, security,
and visual aesthetics associated with this facility, which shall be screened
from adjacent properties and public rights -of -way.
G. The applicant shall provide an approved Lighting Plan, to address the
facility lighting, including security lighting, operational lighting, and
emergency lighting.
H. The applicant shall submit two (2) paper copies of the plat, for preliminary
approval, to the Weld County Department of Planning Services.
I. The applicant shall provide a Noise Mitigation Plan, for review and
approval. The plan shall address the concerns presented by the Town of
Grover.
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 Service. 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.
The Department of Planning Services respectfully requests the surveyor provide
a digital copy of this 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 maps@co.weld.co.us.
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4. 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 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of September, A.D., 2009.
ATTEST:
Weld County Clerk to th
BY:
Deputy CI
APP
ounty Attorney
Date of signature: /0.99
BOARD OF CAUNTY COMMISSIONERS
WELD GO COLORADO
William F. Garcia, Chair
Dougla ademache , Pro-Tem
Se i P. Conway
ra Kirkmeyer
David E. Long
'I
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DOUGLAS AND DEBORAH DUGGAN
C/O PETRO-CANADA RESOURCES (USA) INC.
USR-1703
1. The Site Specific Development Plan and Use by Special Review Permit #1703 is for a
Mineral Resource Development Facility, including Oil and Gas Support and Services
(compressor station) 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 which 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 which controls
fugitive dust, blowing debris, and other potential nuisance conditions.
6. Fugitive dust shall be controlled on this site. The facility shall be operated in accordance
with the approved Dust Abatement Plan at all times.
The facility shall adhere to the maximum permissible noise levels allowed in the
non -specified area, as delineated in Section 14-9-30 of the Weld County Code, which is
a maximum of 50 decibels during night hours, and 55 decibels during daytime hours.
8. Adequate toilet facilities (portable toilets) shall be provided during the construction of the
facility.
9. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
10. All potentially hazardous chemicals must be stored and handled in a safe manner in
accordance with product labeling and in a manner which minimizes the release of
hazardous air pollutants and volatile organic compounds.
11. Any equipment washing area 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.
12. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
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13. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
14. 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. The applicant shall
include a Code Analysis Data sheet, provided by the Weld County Department of
Building Inspection, with each building permit 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.
15. A plan review shall be approved, and a permit must be issued, prior to the start of
construction.
16. Buildings shall conform to the requirements of the various codes adopted at the time of
the 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 Fuel Gas Code; 2008 National Electrical
Code; and Chapter 29 of the Weld County Code.
17. All building plans shall be submitted to the Pawnee Fire Protection District, for review
and approval, prior to issuance of building permits.
18. Setback and offset distances shall be determined by 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 facility shall maintain compliance with the Colorado Division of Air Pollution Control,
specific to the Federally mandated program addressing the Weld County Air Quality
Containment Area, at all times.
22. The facility shall comply with the Landscape and Screening Plan at all times.
23. The facility shall comply with the approved Lighting Plan and the lighting standards
within Section 23-3-250.D.1 of the Weld County Code.
24. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
25. The property owner or operator shall be responsible for complying with the Operation
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Standards of Section 23-2-250 of the Weld County Code.
26. 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.
27. 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.
28. 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.
29. 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.
30. The applicant shall contact the Utility Coordinator for Weld County Department of Public
Works, for a Right -of -Way permit for any work which may be required in the right-of-way
on County Roads 122 and 89. A special transport permit will be required for any
oversized or overweight vehicles which may access the site.
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