HomeMy WebLinkAbout20092767.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1712 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING OIL AND GAS SUPPORT AND SERVICE (EQUIPMENT STORAGE) IN
THE A (AGRICULTURAL) ZONE DISTRICT - BRINGLESON RANCH, LLC, 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 21st day
of October, 2009, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Bringleson Ranch, LLC, 48904 County Road 127, New Raymer,
Colorado 80742, 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 #1712 for a Mineral Resource Development Facility, including Oil and Gas Support and
Service (equipment storage) in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
Part of the NW1/4NE1/4, E1/2NE1/4, SE1/4 of
Section 5, Township 8 North, Range 58 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 80242, 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 23-2-230.8 of the Weld County Code as follows:
a. Section 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
Section 22-5-100.A.2 (OG.Policy 1.2) states, "Oil and gas support
facilities which do not rely on geology for locations should locate in
commercial and industrial areas, when possible..." The request is for a
Site Specific Development Plan and Use by Special Review Permit #1712
for a Mineral Resource Development Facility, including Oil and Gas
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SPECIAL REVIEW PERMIT #1712 - BRINGLESON RANCH, LLC, CIO PETRO-CANADA
RESOURCES (USA) INC.
PAGE 2
Support and Service (equipment storage), in the A (Agricultural) Zone
District. This existing equipment storage area (boneyard) was obtained
by Petro -Canada in December, 2008, from Walsh Production, Inc. The
existing facility is utilized for the storage of old equipment related to the
oilfield. The boneyard is utilized to maintain, repair, store, and replace oil
and gas related equipment such as separators, tanks, pipe, pumping
units, etcetera.
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 Oil and Gas Support and Service as a Use by Special
Review in the A (Agricultural) Zone District.
c. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The facility is a
two -acre parcel utilized as a boneyard. The property is fenced with
three -strand barbed wire on wood posts. Adjoining lands to the existing
facility are used for grazing, limited agricultural development, and oil and
gas production, including the Lilli Gas Plat to the east (AmUSR-861).
Aside from Bringleson Ranches, LLC, there is one property owner within
five hundred feet of this property, with the nearest residence located four
(4) miles south of the 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 facility is not within the three-mile referral
area for a municipality. The Town of New Raymer is approximately
five (5) miles to the northwest. The facility is in a remote location with
limited access.
e. Section 23-2-230.B.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 two acres of a 308 -acre parcel of
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SPECIAL REVIEW PERMIT #1712 - BRINGLESON RANCH, LLC, CIO PETRO-CANADA
RESOURCES (USA) INC.
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g.
land utilized by Walsh Production, Inc. The site continues to be utilized
as a Petro -Canada obsolete equipment storage area (boneyard).
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 Bringleson Ranch, LLC, c/o Petro -Canada
Resources (USA) Inc., for a Site Specific Development Plan and Use by Special Review
Permit #1712 for a Mineral Resource Development Facility, including Oil and Gas Support and
Service (equipment storage)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-1712.
2) The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
3) The attached Development Standards.
4) County Road 125 is a Section Line Access which has 30 feet of
right-of-way on the west side of the section line. 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 not
maintained by Weld County.
5) County Road 96 is a Section Line Access which has 30 -feet of
right-of-way on the north side of the section line. 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
not maintained by Weld County.
6) The water quality feature in the drainage easement must be
delineated. The water quality feature must be labeled on the plat
as "Water Quality Feature — No Build/ or Storage Area".
7) The screened trash enclosure for the facility.
8) A graphic key and/or symbol serving to identify each component
that is located within the USR boundary. The key and
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SPECIAL REVIEW PERMIT #1712 - BRINGLESON RANCH, LLC, CIO PETRO-CANADA
RESOURCES (USA) INC.
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corresponding component shall be summarized in tabular format
and be clearly delineated on the plat.
9) The applicant shall delineate contours for the site, and 200 feet
off -site, with a minimum of two -foot contour intervals.
10) The existing buildings and storage areas shall be shown on the
plat. The proposed storage areas shall also be shown on the plat.
11) The water quality feature is shown outside the USR boundary.
The water quality feature shall be located within the USR
boundary. The water quality feature shall be located such that it
captures all the runoff from the site.
12) A legend shall be added to the plat, identifying all symbols which
are used.
13) The distance to the section line and section corner shall be
identified for the access point.
B. 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
such shall be submitted, in writing, to the Weld County Department of
Planning Services.
C. In the event that washing of vehicles or equipment will occur on the site,
the applicant shall ensure that any washing area shall capture all effluent
and prevent discharges from the washing of vehicles in accordance with
the rules and regulations of the Water Quality Control Commission and
the Environmental Protection Agency. Vehicle or equipment washing
areas shall be designated on the plat. Evidence of such shall be
submitted, in writing, to the Weld County Department of Planning
Services.
D. 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 the 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.
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SPECIAL REVIEW PERMIT #1712 - BRINGLESON RANCH, LLC, CIO PETRO-CANADA
RESOURCES (USA) INC.
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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).
E. The applicant shall submit a Noxious Weed and Re -vegetation
Management Plan, for review and approval by the Departments of Public
Works and Planning Services, for all areas where there will be ground
disturbances due to construction activities.
F. 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 Mylar plat and additional
requirements shall be submitted within sixty (60) 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 #2005-7, approved June 1,
2005, should the plat not be recorded within the required sixty (60) 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 plat is ready to be recorded
in the office of the Weld County Clerk and Recorder.
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SPECIAL REVIEW PERMIT #1712 - BRINGLESON RANCH, LLC, C/O PETRO-CANADA
RESOURCES (USA) INC.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of October, A.D., 2009.
ATTEST: P te;,�i`J(i:
Weld County Clerk to the Bo
BY:
Dep
Clerk iothe Board
AP,PROV63S-TO FORM: -
-County Attorney
Date of signature: ll ltd(XI
BOARD OF COUNTY COMMISSIONERS
ELtD COUNTY, COLORADO
ougla- Rademach: r, Pro -Tern
Sean P Conway
ara Kirkmeyer
David E. Long
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BRINGLESON RANCH, LLC,
CIO PETRO-CANADA RESOURCES (USA) INC.
USR-1712
1. The Site Specific Development Plan and Use by Special Review Permit #1712 is for a
Mineral Resource Development Facility, including Oil and Gas Support and Service
(equipment storage) 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 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. The 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.
8. Adequate drinking, hand washing, and toilet facilities shall be provided for personnel
utilizing the facility. The sanitary facilities located at the Lilli Gas Plant (AmUSR-861)
shall be available for use.
9. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
10. Any vehicle or equipment washing area shall capture all effluent and prevent discharges
from the washing of vehicles or equipment, in accordance with the rules and regulations
of the Water Quality Control Commission and the Environmental Protection Agency.
11. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
12. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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DEVELOPMENT STANDARDS - BRINGLESON RANCH, LLC, C/O PETRO-CANADA
RESOURCES (USA) INC. (USR-1712)
PAGE 2
13. 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 Chapter 5 and 7 of the 2006 International Building Code. Fire Protection
shall conform to Chapter 9 and exiting requirements by Chapter 10.
14. A plan review shall be approved, and a permit must be issued, prior to the start of
construction.
15. 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, 2006 International
Plumbing Code, 2006 International Fuel Gas Code, 2008 National Electrical Code, and
Chapter 29 of the Weld County Code.
16. All building plans shall be submitted to the New Raymer Fire Protection District, for
review and approval, prior to issuance of building permits.
17. Setback and offset distance shall be determined by the Weld County Code.
18. 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.
19. 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.
20. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
21. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
22. 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.
23. 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.
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DEVELOPMENT STANDARDS - BRINGLESON RANCH, LLC, C/O PETRO-CANADA
RESOURCES (USA) INC. (USR-1712)
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24. 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.
25. 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.
26. The applicant shall contact the Utility Coordinator for Weld County Department of Public
Works, for a Right -of -Way permit for any work that may be required in the right-of-way
for County Roads 127.5, 125, and 96. A special transport permit will be required for any
oversized or overweight vehicles which may access the site.
27. County Road 96 is a Section Line Access. A blue and white sign identifying section line
access and non -county maintenance has been installed at the intersection of County
Road 96 section line and County Road 127.5. This sign will provide identification for
location of the Lilli Gas Plant for emergency access such as fire and EMT responders.
This sign shall be maintained by Petro -Canada.
28. The facility shall maintain compliance with the approved noxious weed and re -vegetation
management plan for all areas associated with the equipment storage facility.
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