HomeMy WebLinkAbout20071606.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND THIRD AMENDED USE BY
SPECIAL REVIEW PERMIT #1002 FOR OIL AND GAS SUPPORT AND SERVICES
(NATURAL GAS PROCESSING,TREATING,COMPRESSION,AND FRACTIONATION
FACILITY) AND AN OFFICE FOR TRAINING AND MEETING PURPOSES IN THE
A(AGRICULTURAL)ZONE DISTRICT-CANNON LAND COMPANY,C/O ENCANA OIL
AND GAS (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 27th day of
June, 2007,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Cannon Land Company, c/o EnCana Oil and Gas(USA)Inc.,Attn: Rodney Barnes,
16157 County Road 22, Fort Lupton, Colorado 80621, for a Site Specific Development Plan and
Third Amended Use by Special Review Permit#1002 for Oil and Gas Support and Services(natural
gas processing, treating, compression, and fractionation facility) and an Office for training and
meeting purposes in the A(Agricultural)Zone District on the following described real estate, being
more particularly described as follows:
Lot AofAmended Recorded Exemption#1474;being
part of the S1/2 SW1/4 of Section 11, Township 2
North, Range 66 West of the 6th P.M.,Weld County,
Colorado
WHEREAS, said applicant was represented by William Crews, CPL, P.O. Box 336337,
Greeley, Colorado 80633-0606, at said hearing, 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 Chapter22 and
all other applicable code provisions or ordinance in effect. Section 22-2-150
(I.Goal 2) states, "Encourage the expansion and diversification of the
industrial economic base." The site has been approved under 2nd
AMUSR-1002 for Oil and Gas Support and Services since April 26, 1993,and
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THIRD AMENDED USE BY SPECIAL REVIEW PERMIT#1002-CANNON LAND COMPANY,C/O
ENCANA OIL AND GAS (USA), INC.
PAGE 2
is currently in operation. The amendment is to expand the existing facility to
include an office for training and meeting purposes. Section 22-5-100
(OG.Policy 1.5)states,"Oil and gas support facilities decisions which do not
rely on geology for locations shall be subjected to review...". This proposal
has been reviewed by the appropriate referral agencies and it has been
determined that the attached 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.
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 Services as a Use by Special Review
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 property is
primarily agricultural with Use by Special Review Permit #211, for a gas
compressor station(approved in 1975),and Use by Special Review#1291,
for an oil and gas support facility(approved in 2006), located to the south of
the property. The Conditions of Approval and Development Standards will
ensure compatibility with adjacent properties.
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 subject
property is not within the three-mile referral area of any municipality
boundary.
e. Section 23-2-230.B.5 -- The site does not lie within any Overlay Districts.
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. The site has been approved for Oil and Gas Support and Services
since April 26, 1993, through Second Amended Use by Special Review
Permit#1002, and is currently in operation on the existing 25 acres.
g. Section 23-2-230.6.7--The Design Standards(Section 23-2-240), Operation
Standards (Section 23-2-250), 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.
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THIRD AMENDED USE BY SPECIAL REVIEW PERMIT#1002-CANNON LAND COMPANY,C/O
ENCANA OIL AND GAS (USA), INC.
PAGE 3
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Cannon Land Company,c/o EnCana Oil and Gas(USA),
Inc.,fora Site Specific Development Plan and Third Amended Use by Special Review Permit#1002
for Oil and Gas Support and Services (natural gas processing, treating, compression, and
fractionation facility)and an Office for training and meeting purposes 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 applicant shall submit a detailed Signage Plan to the Department of
Planning Services. The applicant shall review the sign code in
Sections 23-4-60 through 23-4-120, including Appendices 23-C, 23-D,
and 23-E of the Weld County Code.
B. The applicant shall submit a Landscape/Screening Plan to the Department
of Planning Services, in compliance with Sections 23-2-240.A
and 23-3-350.G and H of the Weld County Code,and demonstrate how the
proposed plant material will be watered.
C. The applicant shall either submit a copy of an agreement with the property's
mineral owner/operators,stipulating that the oil and gas activities have been
adequately incorporated into the design of the site,or show evidence that an
adequate attempt has been made to mitigate the concerns of the mineral
owner/operators. Drill envelopes may be delineated on the plat in
accordance with the State requirements as an attempt to mitigate concerns.
The plat shall be amended to include any possible future drilling sites.
D. The applicant shall address the requirements and concerns of the State of
Colorado Division of Water Resources, as stated in the referral response
dated December 22,2006. Evidence of such shall be submitted, in writing,
to the Department of Planning Services.
E. 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 of the Colorado Department of Public Health and Environment.
Evidence of written approval shall be submitted to the Department of
Planning Services.
F. The applicant shall submit a Dust Abatement Plan,for review and approval,
to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. Evidence of written approval
shall be submitted to the Department of Planning Services.
G. The applicant shall provide current evidence that the facility has an adequate
water supply to the Departments of Public Health and Environment and
Planning Services. A permit to construct a well, permit#171038, has been
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THIRD AMENDED USE BY SPECIAL REVIEW PERMIT#1002-CANNON LAND COMPANY,C/O
ENCANA OIL AND GAS (USA), INC.
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submitted with the application. It is not known at this time if this well has
been constructed. Evidence of approval shall be submitted to the
Department of Planning Services.
H. The applicant shall submit an Odor Abatement Plan for the natural gas
odorization facility, for review and approval, to the Environmental Health
Services Division of the Weld County Department of Public Health and
Environment. Evidence of written approval shall be submitted to the
Department of Planning Services.
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 written approval shall be
submitted to the 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).
J. The applicant shall provide the Department of Planning Services with a
maintenance plan which is in compliance with Section 23-2-250.F of the
Weld County Code.
K. The applicant shall address the requirements and concerns of the
Department of Building Inspection,as stated in the referral response dated
December 27,2006. Evidence of such shall be submitted, in writing,to the
Department of Planning Services.
L. The applicant shall address the requirements and concerns of the Platteville/
Gilcrest Fire Protection District, as stated in the referral response dated
January 2, 2007. Evidence of such shall be submitted, in writing, to the
Department of Planning Services.
M. The applicant shall address the requirements and concerns of the
Department of Public Works, as stated in the referral response dated
January 3, 2007. Evidence of such shall be submitted, in writing, to the
Department of Planning Services.
N. The applicant shall address the requirements and concerns of the
Department of Planning Services, as stated in the referral response dated
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December 13, 2006. Evidence of such shall be submitted, in writing,to the
Department of Planning Services.
O. If applicable, the applicant shall apply for a Non Conforming Use (NCU)
Permit for the existing buildings on the site if the buildings will not meet the
setbacks described in Section 23-3-50 of the Weld County Code.
P. The plat shall be amended to delineate the following:
1) All the pages of the plat shall be labeled 3rd AMUSR-1002.
2) The off-street parking spaces,including the access drive and loading
spaces, shall be surfaced with gravel, asphalt, concrete, or the
equivalent, and shall be graded to prevent drainage problems.
3) Should exterior lighting be a part of this facility, all light standards
shall be delineated on the Third Amended Use by Special Review
plat. Section 23-3-250.6 addresses operation standards for
Commercial uses. The applicant shall address the issue of on-site
lighting,including security lighting,if applicable. Subsection F states
"any lighting...shall be designed, located, and operated in such a
manner as to meet the following standards:sources of light shall be
shielded so that beams or rays of light will not shine directly onto
adjacent properties...".
4) County Road 22 is designated on the Weld County Road
Classification Plan as a strategic roadway,which requires 140 feet
of right-of-way at full buildout. There is presently 60 feet of
right-of-way. A total of 30 feet from the centerline of County Road 22
shall be delineated on the plat as existing right-of-way, and an
additional 40 feet shall be delineated on the plat as future
right-of-way. The applicant shall verify the existing right-of-way and
the documents creating the right-of-way. This road is maintained by
Weld County.
5) The existing two accesses shall be delineated on the plat.
6) Section 23-3-250.A.2 of the Weld County Code addresses parking.
Sufficient screened,off-street,paved parking areas shall be provided
to meet the requirements of employees,company vehicles,visitors,
and customers of the Uses Allowed by Right and Accessory Uses.
Appendix 23-A describes the design requirements for parking spaces
and Appendix 23-B delineates the number of parking spaces required
by use for this property. A total of forty-five(45)parking spaces shall
be required for this facility, of which three (3) must meet the
requirements of the Americans with Disabilities Act (ADA).
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7) The parking spaces shall be equipped with wheel guards or curb
blocks,when necessary,to prevent vehicles from extending beyond
the boundary of the space and from coming into contact with other
vehicles, walls, fences, or plantings.
8) The parking lots with two-way drives shall have sufficient turning lane
widths to allow two vehicles to pass.
9) Each off-street loading space shall be at least 35 feet in length and
10 feet in width.
10) The attached Development Standards.
11) The plat shall be prepared in conformance with Section 23-2-260.D
of the Weld County Code.
12) 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 thirty(30)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 the surveyor provide a
digital copy of this Third Amended 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.
4. The Third Amended Use by Special Review activity shall not occur, nor shall any
building or electrical permits be issued on the property,until the Third Amended Use
by Special Review plat is ready to be recorded in the office of the Weld County Clerk
and Recorder.
5. Prior to issuance of building permit:
A. One month prior to construction, a Stormwater Discharge Permit may be
required for a development/redevelopment/construction site where a
contiguous or non-contiguous land disturbance is greater than,or equal to,
one(1)acre in area. The applicant shall contact the Water Quality Control
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Division of the Colorado Department of Public Health and Environment at
www.cdphe.state.co.us/wq/PermitsUnit for more information.
B. The applicant shall submit building plans to the Platteville/Gilcrest Fire
Protection District, for review and approval. A letter of approval shall be
submitted to the Department of Building Inspection.
6. Prior to the issuance of the Certificate of Occupancy:
A. The applicant shall install an engineer designed septic system for the
office/meeting building to handle the hydraulic load for a maximum of 45
people. The system design shall comply with all county and state laws,
regulations,and policies. In the event the septic system(s)requires a design
capacity of over 2,000 gallons of sewage per day,the applicant shall provide
evidence that all requirements of the Water Quality Control Division of the
Colorado Department of Public Health and Environment(specifically Policies
WQSA-6 and WQSA-8) have been satisfied. Evidence of compliance
shall be provided to the Weld County Department of Public Health and
Environment.
B. The applicant shall submit evidence of an Underground Injection Control
(UIC) Class V Injection Well permit from the Environmental Protection
Agency(EPA)for any large-capacity septic system(a septic system with the
capacity to serve 20 or more persons per day). Alternately,the applicant can
provide evidence from the EPA that they are not subject to the EPA Class V
requirements.
C. The water system (well) shall comply with the Colorado Primary Drinking
Water Regulations (5 CCR 1003-1). Evidence that the system complies
with the Regulations shall be provided to the Weld County Department of
Public Health and Environment.
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THIRD AMENDED USE BYSPECIAL REVIEW PERMIT#1002-CANNON LAND COMPANY,C/O
ENCANA OIL AND GAS (USA), INC.
PAGE 8
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 27th day of June, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: N% EXCUSED
Q%iavid E. Long, Chair
Weld County Clerk to the�:UY.i�. �•�% � _
I98I / �v�^
'� , �►.. _ . illian . Jar , _ro-Tem
BY:
Deputy Clerk to the Boar. � �JI, LA
a . Garcia
APP, ED AS TO •
Robert D. as en
y ttorney c—ti)CX "Ca\ v wv9Lhksjr
Douglak Radema er
Date of signature: 7-07
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SITE SPECIFIC DEVELOPMENT PLAN
THIRD AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CANNON LAND COMPANY
C/O ENCANA OIL AND GAS (USA) INC.
3RD AMUSR#1002
1. The Site Specific Development Plan and Third Amended Use by Special Review
Permit#1002 is for Oil and Gas Support and Services (natural gas processing, treating,
compression,and fractionation facility) and an Office for training and meeting purposes in
theA(Agricultural)Zone District,as indicated in the application materials on file 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. Hours of operation shall be 24 hours per day, 7 days per week,as stated in the application
materials.
4. The site shall be limited to no more than forty-five (45) employees, as stated in the
application materials.
5. There shall be no parking or staging of trucks within the public right-of-way.
6. 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.
7. 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.
8. 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.
9. Waste materials shall be handled,stored,and disposed of in a manner that controls fugitive
dust,fugitive particulate emissions,blowing debris,and other potential nuisance conditions.
10. The applicant shall operate in accordance with the approved Waste Handling Plan.
11. 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.
12. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone District, as delineated in Section 25-12-103, C.R.S.
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INC. (3RD AMUSR#1002)
PAGE 2
13. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
14. Sewage disposal for the facility shall be by septic system. Any septic system located on the
property must comply with all provisions of the Weld County Code, pertaining to Individual
Sewage Disposal Systems. Two septic permits, for up to 15 persons each, have been
issued, Septic Permits #G19930221 and SP9700527. A new septic system shall be
installed for the office/meeting building.
15. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.
16. The water system shall comply with the requirements for a community water system as
defined in the Primary Drinking Water Regulations (5 CCR 1003-1), if applicable.
17. One month prior to operation, a Stormwater Discharge Permit may be required for a
development/redevelopment/construction site where a contiguous or non-contiguous land
disturbance is greater than,or equal to,one(1)acre in area. The applicant shall contact the
Water Quality Control Division of the Colorado Department of Public Health and
Environment at www.cdphe.state.co.us/wq/PermitsUnit for more information.
18. The applicant shall submit building plans to the Platteville/Gilcrest Fire Protection District,
for review and approval, prior to the issuance of building permits. A letter of approval shall
be submitted to the Department of Building Inspection.
19. All potentially hazardous chemicals must be stored and handled in a safe manner in
accordance with product labeling,and in a manner that minimizes the release of hazardous
air pollutants and volatile organic compounds.
20. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
21. 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.
22. The site must take into consideration stormwatercapture/qualityand provide accordingly for
Best Management Practices.
23. A plan review is required for any additional building. Plans shall bear the wet stamp of a
Colorado registered architect or engineer.
24. 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: 2003
International Building Code,2003 Intemational Mechanical Code,2003 International Plumbing
Code, 2002 National Electrical Code, and Chapter 29 of the Weld County Code.
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DEVELOPMENT STANDARDS-CANNON LAND COMPANY,C/O ENCANA OIL AND GAS(USA)
INC. (3RD AMUSR#1002)
PAGE 3
25. Buildings may require an engineered foundation based on a site-specific Geotechnical
Report, or an open hole inspection preformed by a Colorado registered engineer.
Engineered foundations shall be designed by a Colorado registered engineer.
26. Fire resistance of walls and openings,construction requirements,maximum building height,
and allowable areas will be reviewed at the plan review. Setback and offset distances shall
be determined by the Weld County Code.
27. Building height shall be measured in accordance with the 2003 International Building Code
for the purpose of determining the maximum building size and height for various uses and
types of construction, and to determine compliance with the Bulk Requirements from
Chapter 23 of the Weld County Code. Building height shall be measured in accordance with
Chapter 23 of the Weld County Code, in order to determine compliance with offset and
setback requirements. Offset and setback requirements are measured to the farthest
projection from the building. Property lines shall be clearly identified.
28. 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.
29. 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.
30. The property shall be maintained in such a manner that grasses and weeds are not
permitted to grow taller than twelve(12)inches. In no event shall the property owners allow
the growth of noxious weeds.
31. The landscaping and screening on the site shall be maintained in accordance with the
approved Landscape/Screening Plan.
32. The property owner shall allow any mineral owner the right of ingress or egress for the
purposes of exploration,development,completion,re-completion,re-entry,production,and
maintenance operations associated with existing or future operations located on these
lands.
33. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
34. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
35. 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.
36. The Third 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.
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DEVELOPMENT STANDARDS-CANNON LAND COMPANY,C/O ENCANA OIL AND GAS(USA)
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PAGE 4
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.
37. 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.
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