HomeMy WebLinkAbout20092754.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY
SPECIAL REVIEW PERMIT #861 FOR A MINERAL RESOURCE DEVELOPMENT
FACILITY, INCLUDING OIL AND GAS SUPPORT AND SERVICE (UPGRADE OF
LILLI PLANT) 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 Amended Use by Special Review
Permit #861 for a Mineral Resource Development Facility, including Oil and Gas Support and
Service (upgrade of Lilli Plant) in the A (Agricultural) Zone District, on the following described
real estate, being more particularly described as follows:
Part of the W1/2 NE1/4 NW1/4, SW1/4 NW1/4,
W1/2 SW1/4, NW1/4 NW1/4 of Section 4,
Township 8 North, Range 58 West of 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:
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,
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2009-2754
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AMENDED SPECIAL REVIEW PERMIT #861 - BRINGLESON RANCH, LLC, C/O
PETRO-CANADA RESOURCES (USA) INC.
PAGE 2
Section 22-5-100.B (OG.Goal 2) states, "The extraction of oil and gas
resources should conserve the land and minimize the impact on
surrounding land." The request for a Site Specific Development Plan and
Amended Use by Special Review Permit #861, for a Mineral Resource
Development Facility, including Oil and Gas Support and Service
(upgrade of Lilli Plant) in the A (Agricultural) Zone District, is the site of an
existing compressor station site which was approved in 1989 by Red
Wave, Limited. Petro -Canada obtained the assets at the Lilli Gas Plant in
December, 2008, from Walsh Production, Inc. The proposed facility is
required by the need to move larger volumes of gas from the Grover
Compressor facility (USR-1703) onto the Lilli Gas Processing facility, due
to the recent increases in drilling activity and projected additional
increases in the Grover field system. The proposed upgrades include the
following and associated equipment: an amine gas treating to remove
carbon dioxide; molecular sieve dehydration; propane refrigeration, and a
cryogenic expander gas processing plant. This upgraded facility will also
include a new computer -based process control system for plant and
equipment monitoring.
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 Mineral Resource Development Facilities, including
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 proposed facility
is on a ten -acre parcel utilized as a compressor station. The property is
fenced with three -stand barbed wire on wood posts with a metal gate at
the point of ingress and egress. Adjoining lands to the existing facility are
used for grazing, limited agricultural development, and oil and gas
production. Aside from Bringleson Ranches, LLC, there are two property
owners within five hundred feet of this property, with the nearest
residence located four (4) miles south of the facility. There has been 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.
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AMENDED SPECIAL REVIEW PERMIT #861 - BRINGLESON RANCH, LLC, C/O
PETRO-CANADA RESOURCES (USA) INC.
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e. Section 23-2-230.8.5 -- 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 23-2-230.6.6 -- 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 ten (10) acres of a 203 -acre
parcel of land utilized as an oil and gas production facility. The site
continues to be utilized for the Petro -Canada Lilli Plant facility.
g
Section 23-2-230.8.7 -- 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, do Petro -Canada
Resources (USA) Inc., for a Site Specific Development Plan and Amended Use by Special
Review Permit #861 for a Mineral Resource Development Facility, including Oil and Gas
Support and Service (upgrade of Lilli Plant) 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 AmUSR-861.
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 127.5 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. 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
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.
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AMENDED SPECIAL REVIEW PERMIT #861 - BRINGLESON RANCH, LLC, C/O
PETRO-CANADA RESOURCES (USA) INC.
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5) County Road 96 is a Section Line Access road which has 60 feet
of right-of-way on 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
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.
9) The applicant shall delineate contours for the site, and 200 feet
offsite, with a minimum of two -foot contour intervals.
B. The applicant shall submit evidence of an approved stormwater
construction permit from the Colorado Department of Public Health and
Environment (CDPHE) for this site. Evidence of such shall be submitted,
in writing, to the Weld County Department of Planning Services.
C. The septic system serving the existing office, (septic permit SP -0900096)
was designed to serve one (1) person, per day. The application materials
indicate that three (3) persons, per day, will utilize the site. The
application materials for USR-1712 indicate this facility will be utilized, if
necessary, for sanitation needs. The septic system shall be reviewed by
a Colorado registered professional engineer for the increased usage.
The review shall consist of observation of the system and a technical
review describing the system's ability to handle the proposed hydraulic
load. The review shall be submitted to the Environmental Health Services
Division of the Weld County Department of Public Health and
Environment (WCDPHE). In the event the system is found to be
inadequately sized or constructed, the system shall be brought into
compliance with current regulations. Evidence of such shall be
submitted, in writing, to the Weld County Department of Planning
Services.
D. Installation of any air conditioning or air handling equipment that uses
ozone depleting refrigerants will require analysis for possible registration
in the CDPHE, APCD, CFC Program, as defined in Regulation No. 15
"Control of Emissions of Ozone Depleting Compounds", of the Air Quality
Control Commission. The applicant shall notify the WCDPHE when
equipment has been selected or purchased. Alternately, the applicant
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PETRO-CANADA RESOURCES (USA) INC.
PAGE 5
may provide evidence that they are not subject to these requirements.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
E. 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 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).
F. The applicant shall submit evidence of an Aboveground Storage Tank
permit from the Colorado Department of Labor and Employment (CDLE),
Oil Inspection Section, for any aboveground storage tanks located on the
site. Alternately, the applicant may provide evidence from the CDLE, Oil
Inspection Section, that they are not subject to these requirements.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
G. A signed copy of the Spill Prevention, Control, and Countermeasure Plan
shall be provided to Environmental Health Services Division of the Weld
County Department of Public Health and Environment. The plan shall be
in accordance with Section 3-6-1 of the Colorado Department of Labor
and Employment, Division of Oil and Public Safety Storage Tank
Regulations (7 C.C.R. 1101-14), as well as EPA regulations (40 CFR Part
112). Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
H. The applicant shall submit written evidence from the Colorado Division of
Water Resources, demonstrating that the well is appropriately permitted
for the business use. Evidence of such shall be submitted to the Weld
County Department of Planning Services.
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.
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AMENDED SPECIAL REVIEW PERMIT #861 - BRINGLESON RANCH, LLC, C/O
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PAGE 6
J.
The approved Lighting Plan, to address the facility lighting, including
security lighting, operational lighting, and emergency lighting.
K. 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.
L. 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 Amended 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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AMENDED SPECIAL REVIEW PERMIT #861 - 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: <✓e
Weld County Clerk to the
BY
Depute Clerk tb'the Board
APPROVVED'AS TO FQRfv1
unty-Attorney
Date of signature: illgitel
BOARD OF COUNTY COMMISSIONERS
WELl COUNTY, COLORADO
F. Garcia, Chair
Dougla Rademac er, Pro-Tem
P. Conway
arra Kirkmey
David E. Long
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SITE SPECIFIC DEVELOPMENT PLAN
AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BRINGLESON RANCH, LLC,
C/O PETRO-CANADA RESOURCES (USA) INC.
AMUSR-861
1. The Site Specific Development Plan and Amended Use by Special Review Permit #861
is for a Mineral Resource Development Facility, including Oil and Gas Support and
Service (upgrade of Lilli Plant) 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.
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 employees
and patrons of this facility, as well as for USR-1712, at all times.
9. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
10. All potentially hazardous chemicals must be stored in a manner which minimizes the
release of hazardous air pollutants and volatile organic compounds. All chemicals must
be stored secure, on an impervious surface, and in accordance with manufacturer's
recommendations.
11. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal System (I.S.D.S.) Regulations.
12. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. The facility shall utilize the existing private water supply (Permit 163306).
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DEVELOPMENT STANDARDS - BRINGLESON RANCH, LLC, C/O PETRO-CANADA
RESOURCES (USA) INC. (AMUSR-861)
PAGE 2
13. The Spill Prevention, Control, and Countermeasure Plan shall be available on site, at all
times.
14. The applicant shall comply with all provisions of the State Underground and Above
Ground Storage Tank Regulations.
15. In accordance with the Underground and Above Ground Storage Tank Regulations
(7 CCR 1101-14), a spillage retention berm shall be constructed around the tank battery.
The volume retained by the spillage berm shall be greater than the volume of the largest
tank inside the berm. Alternative protective measures may be allowed, provided they
comply with the Above Ground Storage Tank Regulations.
16. This facility shall comply with the laws, standards, rules, and regulations of the Water
Quality Control Commission, Air Quality Control Commission, Hazardous Materials and
Solid Waste Division, and any other applicable agency.
17. 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.
18. 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 strongly
encouraged to test the drinking water prior to consumption, and periodically test it over
time.
19. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
20. 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.
21. A plan review shall be approved, and a permit must be issued, prior to the start of
construction.
22. 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
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DEVELOPMENT STANDARDS - BRINGLESON RANCH, LLC, C/O PETRO-CANADA
RESOURCES (USA) INC. (AMUSR-861)
PAGE 3
Plumbing Code, 2006 International Fuel Gas Code, 2008 National Electrical Code, and
Chapter 29 of the Weld County Code.
23. All building plans shall be submitted to the New Raymer Fire Protection District, for
review and approval, prior to issuance of building permits.
24. Setback and offset distance shall be determined by the Weld County Code.
25. 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.
26. 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.
27. The facility shall maintain compliance with the State of Colorado Air Pollution Control
Division, specific to the federal mandated program addressing the Weld County Air
Quality Containment Area, at all times.
28. The facility shall comply with the approved Lighting Plan and Section 23-3-250.D.1,
Lighting Standards, of the Weld County Code.
29. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
30. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 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 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.
33. 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.
34. 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.
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DEVELOPMENT STANDARDS - BRINGLESON RANCH, LLC, C/O PETRO-CANADA
RESOURCES (USA) INC. (AMUSR-861)
PAGE 4
35. The applicant shall contact the Utility Coordinator for the Weld County Department of
Public Works, for a Right -of -Way Permit for any work which may be required in the
right-of-way for County Roads 127.5 and 96. A special transport permit will be required
for any oversized or overweight vehicles which may access the site.
36. 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.
37. The facility shall maintain compliance with the approved Noxious Weed and
Re -vegetation Management Plan for all areas associated with the Lilli Gas Plant.
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