HomeMy WebLinkAbout20180163.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
PERMIT, USR17-0057, FOR AN OIL AND GAS SUPPORT AND SERVICE F
(COMPRESSOR STATION FACILITY) IN THE A (ATURAL) ZONE DIST
EQUUS FARMS, INC, CIO BILL BARRETT CORPO
WHEREAS, the Board of County Commissioner of Weld Cou Colorado, pursuant to
Colorado statute and the Weld County Home Rule harter, is veste• 'th the authority of
administering the affairs of Weld County, Colorado, . d
WHEREAS, the Board of County Commis oners -Id a public hearing on t 17th day of
January, 2018, at the hour of 10:00 a.m., in the ambers o - Board, for the purpos- of hearing
the application of Equus Farms, Inc., 555 17Street, Suite 0, Denver, C• :0202, do Bill
Barrett Corporation, 33105 CR 33, Gre= -y, CO 80631, for a Site . -cific Dev •pment Plan and
Use by Special Review Permit, USR1 0057, for an Oil and Gas S► - •ort d Service Facility
(compressor station facility) in the A ( ricultural) Zone District, on the •wing described real
estate, being more particularly describ • as follows:
Subdivision Exe •tion, SUBX17-0024; being p of
the ► 1/2 of the 1/4 of Section 33, Town i. 4
No' , Range 62 est of the 6th P.M., Weld ' o 'ty,
C. •rado
WHEREAS, at • :id hearing, the ap 'cant was present, and
WHEREAS S= tion 23-2-230 of the W- County Code ' ovides standards for review of
said Use by Spe • -1 R: iew Permit, and
WHE - AS, th= Board of my Commis oners heard all of the testimony and
statements ' those pre t, studi= he request of th= applicant and the recommendation of the
Weld Cou Planning Co ' i •n and all of the exhi its and evidence presented in this matter
and, hay • been fully informed, finds that this request all be approved for the following reasons:
The submitted materials are in com• ance with the application requirements of
Section 2 -2-260 of the Weld Count Code.
2. It is th= opinion of the Board of ounty Commissioners that the applicant has
own ompliance with Secti• 3-2-230.6 of the Weld County Code as follows:
A. Section 23-2-230. ' 1 -- The proposed use is consistent with Chapter 22
nd any other a • 'cable code provisions or ordinance in effect.
1) Sectio 22-2-20.1 (A.Goal 9) states: "Reduce potential conflicts
twe n varying land uses in the conversion of traditional
a• ' tural lands to other land uses."The site is in a rural area. The
earest residence is located approximately 1.5 miles to the
no est. A proposed oil and gas well pad will be located adjacent
to the site.
Cc-, PLC CC. Mm) PEC 118), Vi CQlF), Cr0 T3), aPPL./REP
,3/OI/I
2018-0163
PL2515
SPECIAL REVIEW PERMIT (USR17-0057) - EQUUS FARMS, INC, CIO BILL BARRETT
CORPORATION
PAGE 2
2) Section 22-5-100.A (OG.Goal 1) states: "Promote the reasonable
and orderly exploration and development of oil and gas mineral
resources." According to the application materials, the proposed
compressor station will provide gas lift injection to wells in the area.
The station will allow Bill Barrett Corporation to more efficiently
develop existing and planned wells in the area. The proposed use
is in an area that can support this development and the existing
screening, Conditions of Approval and Development Standards, will
assist in mitigating the impacts of the facility on the adjacent
properties and ensure compatibility with surrounding land uses and
the region.
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. Section 23-3-10 —
Intent states: "The A (Agricultural) Zone District is also intended to provide
areas for the conduct of uses by Special Review which have been
determined to be more intense or to have a potentially greater impact than
uses Allowed by Right." Conditions of Approval and Development
Standards are proposed (noise limits, Emergency Action and Safety Plan)
to address/mitigate impacts associated with this use.
C. Section 23-2-230.6.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The proposed compressor station
site is in a rural area. It is proposed to be located adjacent to a proposed
oil and gas well pad. The nearest residence is approximately 1.5 miles to
the north and east. No phone calls or correspondence has been received
from surrounding property owners in regard to this request.
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 not located within a three (3) mile referral area of
any municipality, nor is it located within any existing Intergovernmental
Agreement Area (IGA) of a municipality.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
Geologic Hazard Overlay District, a Special Flood Hazard Area or the
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, the
County Facility Fee, and 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. The proposed facility is located on approximately 5.45 acres as
2018-0163
PL2515
SPECIAL REVIEW PERMIT (USR17-0057) - EQUUS FARMS, INC, CIO BILL BARRETT
CORPORATION
PAGE 3
"Other," per the 1979 Soil Conservation Service Important Farmlands of
Weld County Map.
G. Section 23-2-230.6.7 — 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 can 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 Equus Farms, Inc., do Bill Barrett Corporation, for a Site
Specific Development Plan and Use by Special Review Permit, USR17-0057, for an Oil and Gas
Support and Service Facility (compressor station facility) 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 map:
A. The Subdivision Exemption, SUBX17-0024, plat shall be submitted for
recording.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0057.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) County Road 77 Section Line is shown to have 30 feet of
unmaintained section line right-of-way, per the Weld County GIS
right-of-way map. The applicant shall delineate the existing
right-of-way on the site plan. All setbacks shall be measured from
the edge of right-of-way.
5) County Road 79 Section Line is shown to have 30 feet of
unmaintained section line right-of-way, per the Weld County GIS
right-of-way map. The applicant shall delineate the existing
right-of-way on the site plan. All setbacks shall be measured from
the edge of right-of-way.
6) County Road 40 Section Line is shown to have 30 feet of
unmaintained section line right-of-way, per the Weld County GIS
right-of-way map. The applicant shall delineate the existing
right-of-way on the site plan. All setbacks shall be measured from
the edge of right-of-way.
2018-0163
PL2515
SPECIAL REVIEW PERMIT (USR17-0057) - EQUUS FARMS, INC, CIO BILL BARRETT
CORPORATION
PAGE 4
7) County Road 42 Section Line is shown to have 60 feet of
unmaintained section line right-of-way, per the Weld County GIS
right-of-way map. The applicant shall delineate the existing
right-of-way on the site plan. All setbacks shall be measured from
the edge of right-of-way.
8) Show and label the section line right-of-way as, "CR 77 Section Line
Right -of -Way, not County maintained."
9) Show and label the section line right-of-way as, "CR 79 Section Line
Right -of -Way, not County maintained."
10) Show and label the section line right-of-way as "CR 40 Section Line
Right -of -Way, not County maintained."
11) Show and label the section line right-of-way as "CR 42 Section Line
Right -of -Way, not County maintained."
12) Show the approved Colorado Department of Transportation
(CDOT) access on the site plan and label with the approved access
permit number, if applicable.
13) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code.
14) The applicant shall show the drainage flow arrows.
15) Show and label all recorded easements on the map by book and
page number or reception number and date on the site plan.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) paper copy or one (1) electronic copy (.pdf) of the map for preliminary approval
to the Weld County Department of Planning Services. Upon approval of the map,
the applicant shall submit a Mylar map along with all other documentation required
as Conditions of Approval. The Mylar map shall be recorded in the office of the
Weld County Clerk and Recorder by the Department of Planning Services. The
map shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. The Mylar map and additional requirements shall be
submitted within one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution. The applicant shall be responsible for paying
the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the map 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.
2018-0163
PL2515
SPECIAL REVIEW PERMIT (USR17-0057) - EQUUS FARMS, INC, CIO BILL BARRETT
CORPORATION
PAGE 5
4. 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.
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
6. 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.
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 plat
is ready to be recorded in the office of the Weld County Clerk and Recorder or the
applicant has been approved for an early release agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of January, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: daitt/t) Jeig,0;eA
Weld County Clerk to the Board
BY:
'Gze7
Deputy Clerk to the Boar
APPROV AS TO --FORM'
Coun 'orney
Date of signature: d a--/ -/E'
Steve Moreno, Chair
Mike Freeman
2018-0163
PL2515
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
EQUUS FARMS, INC
C/O BILL BARRETT CORPORATION
USR17-0057
1. The Site Specific Development Plan and Use by Special Review Permit, USR17-0057, is
for an Oil and Gas Support and Service Facility (compressor station facility) in the
A (Agricultural) Zone District, 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. The hours of operation are 24 hours a day, seven (7) days a week.
4. The parking area on the site shall be maintained.
5. 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.
6. The property owner or operator shall provide written evidence of an approved Emergency
Action and Safety Plan, on or before March 15th of any given year, signed by
representatives for the Fire District and the Weld County Office of Emergency
Management to the Department of Planning Services.
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, blowing debris, and other potential nuisance conditions. The facility shall
operate in accordance with Chapter 14, Article I, of the Weld County Code.
10. 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.
11. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit Application and obtain a permit from the Colorado Department of Public Health and
Environment, Air Pollution Control Division, as applicable.
12. 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 -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
2018-0163
PL2515
DEVELOPMENT STANDARDS (USR17-0057) - EQUUS FARMS, INC., 0/O BILL BARRETT
CORPORATION
PAGE 2
and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County
and shall contain hand sanitizers.
13. 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.
14. 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.
15. As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in
accordance with the applicable provisions of 40 CFR, Part 112, shall be available as
applicable.
16. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
17. 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.
18. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 25-12-103, C.R.S.
19. 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, as applicable.
20. The facility shall notify the County of any revocation and/or suspension of any State issued
permit.
21. 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.
22. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
23. 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.
24. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
2018-0163
PL2515
DEVELOPMENT STANDARDS (USR17-0057) - EQUUS FARMS, INC., CIO BILL BARRETT
CORPORATION
PAGE 3
25. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
26. Access will be along unmaintained County right-of-way and maintenance of the
right-of-way will not be the responsibility of Weld County.
27. The historical flow patterns and runoff amounts on the site will be maintained.
28. 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.
29. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2012 International Codes,
2006 International Energy Code, and 2014 National Electrical Code. A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing the
wet stamp of a Colorado registered architect or engineer must be submitted for review. A
Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection.
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,
2018-0163
PL2515
DEVELOPMENT STANDARDS (USR17-0057) - EQUUS FARMS, INC., CIO BILL BARRETT
CORPORATION
PAGE 4
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
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.
2018-0163
PL2515
Hello