HomeMy WebLinkAbout20180740.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR17-0070, 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 - GEORGE SACK, 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 21st 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 George Sack, 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,
USR17-0070, 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:
Lot A of Recorded Exemption, RECX17-0205; being
part of the SW1/4 of Section 21, Township 1 North,
Range 66 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 23-2-230.6 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.
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SPECIAL REVIEW PERMIT (USR17-0070) - GEORGE SACK, C/O DISCOVERY DJ
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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 a business that is in the
midstream segment of the natural gas industry. As part of its
business, 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 to meet the growing production. To meet these needs,
Discovery is proposing the Fort Lupton 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
latest technology for uncovering natural gas discoveries and the
ability of the DJ Basin to expand based on these updated
technologies. The proposed compressor will be sited on private
property owned 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 23-2-230.6.3 -- 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 north and east. This land and surrounding lands in each
direction are in production agriculture with numerous oil and gas facilities,
well heads and tank batteries present in each direction. There are ten (10)
property owners on 17 parcels within five hundred feet of this facility. The
nearest residence is west of the property line approximately 165 feet and
approximately 275 feet to the Compressor station facility. A second
residence is north approximately 380 feet from the east property line and
400 feet from the Compressor facility. Staff has received no letters, one
telephone call from an interested neighbor and no electronic mail from
interested parties. The telephone call was inquiring about the facility and
equipment to be located within the fenced enclosure. To address potential
concerns with the neighbors, the applicant is proposing an earthen berm
around the facility, planted in native grasses, trees and shrubs.
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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
Town of Lochbuie and Cities of Brighton and Fort Lupton. The Town of
Lochbuie returned a referral response dated January 18, 2018, indicating
no concerns. The City of Brighton did not return a referral response and the
City of Fort Lupton returned a referral dated February 5, 2018, requesting
120 feet of right-of-way for the future County Road 29 right-of-way. The
City is also requesting a landscape buffering plan be submitted for review
and also a Pre -Annexation Agreement. The applicant indicated that they
are in support of the Pre -Annexation Agreement.
D. 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. The site is within the County -wide Road Impact
Fee Area. Building Permits issued on the lots 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 Recorded Exemption
parcel for the compressor site. The proposed facility is sited on lands that
are designated as "Prime" and "Prime if Irrigated" 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 23-2-230.6.7 -- 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 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 George Sack, c/o Discovery DJ Services, LLC, for a Site
Specific Development Plan and Use by Special Review Permit, USR17-0070, 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:
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SPECIAL REVIEW PERMIT (USR17-0070) - GEORGE SACK, 0/O DISCOVERY DJ
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1. Prior to recording the USR map:
A. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado is
required.
B. The applicant shall complete the Conditions of Approval and submit
evidence of recordation for Recorded Exemption, RECX17-0205, to the
Department of Planning Services.
C. The applicant shall submit a visual mitigation and screening plan to the
Department of Planning Services for review and approval.
D. The applicant shall submit a Noise Mitigation Plan to the Department of
Planning Services for review and approval
E. The applicant shall submit evidence of an accepted Pre -Annexation
Agreement with the City of Fort Lupton.
F. The USR map shall be amended to delineate the following:
1) All sheets of the USR map shall be labeled USR17-0070.
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 6 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 site plan 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) County Road 29 has been annexed by the City of Fort Lupton. The
applicant shall delineate on the site plan the existing right-of-way
and the 120 -foot future right-of-way. All setbacks shall be measured
from the edge of right-of-way.
6) Show the approved Municipality of Fort Lupton access on the site
plan and label with the approved Access Permit number, if
applicable.
7) The applicant shall show and label the accepted drainage features
and drainage flow arrows. Water quality features or stormwater
ponds should be labeled as "Water Quality Feature/Stormwater
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Detention, No -Build or Storage Area" and shall include the
calculated volume.
8) Show and label the parking and traffic circulation flow arrows
showing how the traffic moves around the property.
9) 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.
10) The lighting shall be shown on the map in accordance with Section
23-3-250.6.6 of the Weld County Code.
11) Show and label the approved visual mitigation and screening plan
on the USR Map.
2. Prior to Construction
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
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 a
Mylar USR map along with all other documentation required as Conditions of
Approval. The Mylar USR map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The USR map shall
be prepared in accordance with the requirements of Section 23-2-260.D of the
Weld County Code. The Mylar USR 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.
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.
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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 USR
map is ready to be recorded in the office of the Weld County Clerk and Recorder.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of March, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELL 1COUNTY, COLORADO
ATTEST: dailLet) i.10;t1
Steve Moreno, Chair
Weld County Clerk to the Board
BY:
Deputy Clerk to the Bo
AP".'' DUST
ounty Attorney
Mike Freeman
Date of signature: 011-l7-7 '
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
GEORGE SACK C/O DISCOVERY DJ SERVICES, LLC
USR17-0070
1. The Site Specific Development Plan and Use by Special Review Permit, USR17-0070, 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. The operator shall maintain signage with current points of
contact, including name and phone number.
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. 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.
7. The historical flow patterns and runoff amounts on the site will be maintained.
8. Weld County is not responsible for the maintenance of on -site drainage related features.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
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14. 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
and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County
and shall contain hand sanitizers.
15. 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.
16. 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.
17. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
18. 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.
19. 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.
20. The applicant shall be compliance with the Noise Mitigation Plan at all times.
21. No outside storage is allowed.
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, as 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 lots 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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