HomeMy WebLinkAbout20180856.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR17-0078, FOR MINERAL RESOURCE DEVELOPMENT, OIL AND GAS
SUPPORT AND SERVICE INCLUDING OIL AND GAS PROCESSING FACILITIES
(FOUR (4) GAS COMPRESSORS) AND RELATED EQUIPMENT IN THE
A (AGRICULTURAL) ZONE DISTRICT - KENNETH AND EDNA LANGE, C/O
DISCOVERY DJ SERVICES, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 28th day of
March, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Kenneth and Edna Lange, do Discovery DJ Services, LLC, 7859 Walnut Hill
Lane, Suite 335, Dallas, TX 75230, for a Site Specific Development Plan and Use by Special
Review Permit, USR17-0078, for Mineral Resource Development, Oil and Gas Support and
Service including oil and gas processing facilities (four (4) gas compressors) and related
equipment in the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
Subdivision Exemption, SUBX17-0030; being part of
the SW1/4 of Section 21, Township 1 North, Range
65 West of the 6th P.M., Weld County, Colorado
West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present, 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.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-5-100.A (OG.Goal 1) states: "Promote the reasonable
and orderly exploration and development of oil and gas mineral
resources." Discovery DJ Services, LLC, is in the midstream
segment of the natural gas industry. As part of its business,
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SPECIAL REVIEW PERMIT (USR17-0078) - KENNETH AND EDNA LANGE, C/O DISCOVERY
DJ SERVICES, LLC
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Discovery gathers natural gas from wellheads, performs gas
processing, and transmits final products to customers via pipelines.
The DJ Basin area has seen rapid expansion as new drilling
technologies are allowing more oil and gas to be produced. As a
result, gas gathering and processing capacity needs to be
expanded, in order to meet the growing production. Discovery is
proposing the Lochbuie compressor station necessitated by the
need to move larger volumes of gas due to the increases in drilling
activity and projected additional production increases anticipated by
producers. Further, this need is based on new technology for
uncovering natural gas discoveries and the ability of the DJ Basin
to expand based on these new technologies. The proposed
compressor will be sited on private property leased by Discovery
DJ Services, LLC. 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, and will address and mitigate impacts on the
surrounding area due to the construction of this facility.
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 Mineral Resource Development, Oil and Gas Support
and Service 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 property is generally flat with
a slight slope to the south. This land and surrounding lands in each
direction are in production agriculture with numerous oil and gas
encumbrances present in each direction. There are four (4) property
owners on seven (7) parcels within five hundred feet of this facility, with the
nearest residence being to the northeast of the property line approximately
350 feet and approximately 500 feet to the Compressor station facility.
Staff has received no letters, one telephone call from an interested
neighbor and no electronic mail from 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 site is located within a three (3) mile referral area of the
Towns of Lochbuie and Hudson. The Town of Lochbuie returned a referral
dated Janaury 18, 2018, indicating no concerns. The Town of Hudson did
not respond to the referral request.
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E. Section 23-2-230.B.5 -- The application complies with Chapter 23, Article
V, of the Weld County Code. The existing site is not within a recognized
overlay district, including the Geologic Hazard, Flood Hazard or Airport
Overlay District. Building Permits issued on the lot will be required to
adhere to the fee structure of the County -wide Road Impact Fee, County
Facility Fee and 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 proposed facility is located on a 10 -acre Subdivision Exemption
parcel for the compressor site. The proposed facility is situated on lands
that are designated as "Irrigated Land Not prime," on the Important
Farmlands of Weld County map dated 1979. There is no irrigation water
associated with the use or the property, therefore, no Prime Land has been
taken out of production.
G. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, 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 Kenneth and Edna Lange, do Discovery DJ Services,
LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0078, for
Mineral Resource Development, Oil and Gas Support and Service including oil and gas
processing facilities (four (4) gas compressors) and related equipment 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 USR map:
A. A Road Maintenance Agreement is required for off -site improvements
during construction at this location. Road maintenance including, but not
limited to, dust control, tracking control, damage repair, specified haul
routes and future traffic triggers for improvements will be included.
B. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado is
required.
C. The applicant shall submit written evidence that the Conditions of Approval
have been met and that SUBX17-0030 has been submitted for recordation.
D. The applicant shall submit a Landscaping/Screening Plan delineating
Option C, as developed by the applicant with the surrounding property
owners, and per the presentation to the Department of Planning Services
for review and approval.
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E. The USR map shall be amended to delineate the following:
1) All sheets of the USR map shall be labeled USR17-0078.
2) The attached Development Standards.
3) The USR map shall be prepared in accordance with
Section 23-2-260.D of the Weld County Code.
4) County Road 41 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road which requires
60 feet of right-of-way at full buildout. The applicant shall delineate
on the USR Map the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by
Weld County.
5) Show and label the approved access locations, and the appropriate
turning radii (60') on the site plan. The applicant must obtain an
access permit in the approved location(s) prior to construction.
6) If applicable, show and label the entrance gate. An access
approach that is gated shall be designed so that the longest vehicle
(including trailers) using the access can completely clear the
traveled way when the gate is closed. In no event shall the distance
from the gate to the edge of the traveled surface be less than
35 feet.
7) The applicant shall show and label the accepted drainage features
and drainage flow arrows. Stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include
the calculated volume.
8) Show and label the traffic circulation flow arrows showing how the
traffic moves around the property.
9) The lighting shall be shown on the map in accordance with
Section 23-3-250.B.6 of the Weld County Code.
10) Show the location and dimension of the facility sign. All signs shall
adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C,
23-D and 23-E of the Weld County Code.
2. Prior to Construction
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
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3. Prior to Operation
A. The applicant shall develop an Emergency Action and Safety Plan with the
Office of Emergency Management and the Fire District. The plan shall be
reviewed on an annual basis by the Facility operator, the Fire District and
the Weld County Office of Emergency Management. Submit evidence of
acceptance to the Department of Planning Services.
4. Upon completion of Condition of Approval #1 above, the applicant shall submit an
electronic version (.pdf), or one (1) paper copy, of the plat to the Weld County
Department of Planning Services for preliminary approval. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. Upon approval of the plat, the applicant shall submit a Mylar plat,
along with all other documentation required as Conditions of Approval. The Mylar
plat and additional requirements shall be submitted within one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution. The
Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder
by the Department of Planning Services. The applicant shall be responsible for
paying the recording fee.
5. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable format is a projected ESRI
shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983
UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS
0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us.
6. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required one hundred twenty (120)
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.
7. 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 map
is ready to be recorded in the office of the Weld County Clerk and Recorder.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of March, A.D., 2018.
ATTEST: dithiv ,e1
Weld County Clerk to the Board
BY:
Deputy Clerk to the Bo
APPROV D AS
ounty Attorney
Date of signature: US -0 a -I8
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Steye Moreno, Chair
G'AA .C
Kirkmeyer,
Pro
-Tern
y
Sean P. Conway
Julie A. Cozad
Mike Freeman
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KENNETH AND EDNA LANGE, C/O DISCOVERY DJ SERVICES, LLC
USR17-0078
1. The Site Specific Development Plan and a Use by Special Review Permit, USR17-0078,
is for Mineral Resource Development Facilities including Oil and Gas Support and Service
(four (4) gas compressors) and related equipment 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 signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
4. The landscaping/screening on the site shall be maintained in accordance with the
approved Landscaping/Screening Plan.
5. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
6. During construction, the access on the site shall be maintained to mitigate any impacts to
the public road, including damages and/or off -site tracking.
7. During construction, there shall be no parking or staging of vehicles on public roads.
On -site parking shall be utilized.
8. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall acquire an approved Right -of -Way Use Permit prior to commencement.
9. The historical flow patterns and runoff amounts on the site will be maintained.
10. Weld County is not responsible for the maintenance of on -site drainage related features.
11. 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.
12. 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.
13. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions. The facility shall
operate in accordance with Chapter 14, Article I, of the Weld County Code.
14. Fugitive dust should attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations.
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15. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit Application and obtain a permit from the Air Pollution Control Division, Colorado
Department of Public Health and Environment, as applicable.
16. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. As employees or contractors are on the site for less
than two (2) consecutive hours a day, portable toilets and bottled water are acceptable.
Records of maintenance and proper disposal for portable toilets shall be retained on a
quarterly basis and available for review by the Weld County Department of Public Health
and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County
and shall contain hand sanitizers.
17. All potentially hazardous chemicals must be handled in a safe manner in accordance with
product labeling. All chemicals must be stored secure, on an impervious surface, and in
accordance with manufacturer's recommendations.
18. Secondary containment shall be constructed around tanks to provide containment for the
largest single tank and sufficient freeboard to contain precipitation. Secondary
containment shall be sufficiently impervious to contain any spilled or released material.
Secondary containment devices shall be inspected at regular intervals and maintained in
good condition. All secondary containment will comply with the Colorado Oil and Gas
Conservation Commission (COGCC) Rule 604, and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations.
19. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
20. Any contaminated soils on the facility shall be removed, treated or disposed of in
accordance with all applicable rules and regulations. All spills will be reported to local,
state and federal agencies in accordance with all state and federal regulations.
21. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone District, as delineated in Section 25-12-103, C.R.S.
22. The applicant shall obtain a Colorado Discharge Permit System, or CDPS permit, from the
Colorado Department of Public Health and Environment (CDPHE), Water Quality Control
Division, if applicable.
23. The facility shall notify the County of any revocation and/or suspension of any State issued
permit.
24. The applicant shall notify the County upon receipt of any compliance advisory or other
notice of non-compliance of a State issued permit, and of the outcome or disposition of
any such compliance advisory or other notice of non-compliance.
25. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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26. Sources of light shall be shielded so that beams or rays of light will not shine directly onto
adjacent properties. Sources of light should not cause a nuisance or interfere with the use
on the adjacent properties in accordance with the map. 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.
27. This is an unmanned facility.
28. Building Permits issued on the proposed lot will be required to adhere to the fee structure
of the County -wide Road Impact Fee, County Facility Fee and Drainage Impact Fee
Programs.
29. The facility will operate 24 hours per day 365 days per year.
30. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
31. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment 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 Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
32. 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.
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. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and persons moving into these areas
must recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
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resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
35. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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