HomeMy WebLinkAbout20150885.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0001, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES,
INCLUDING OIL AND GAS SUPPORT AND SERVICE FACILITIES (COMPRESSOR
STATION FOR NATURAL GAS AND ALL RELATED EQUIPMENT) IN THE
A (AGRICULTURAL) ZONE DISTRICT - L&S CAPITAL LTD, C/O BONANZA CREEK
ENERGY OPERATING COMPANY, 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 8th day of
April, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of L&S Capital LTD, 800 U.S. Highway 36, Byers, CO 80103, do Bonanza
Energy Operating Company, LLC, 410 17th Street, Suite 1400, Denver, CO 80202, for a Site
Specific Development Plan and Use by Special Review Permit, USR15-0001, for Mineral
Resource Development Facilities, including Oil and Gas Support and Service Facilities
(compressor station for natural gas and all related equipment) in the A (Agricultural) Zone
District, on the following described real estate, being more particularly described as follows:
All of Section 7, Township 5 North, Range 61 West
of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the board deemed it advisable to continue the matter to
May 13, 2015, to allow the applicant to have a quorum to hear the case, and
WHEREAS, on May 13, 2015, the applicant was represented by Christina White, White
Engineering, 3620 W. 10th Street, Suite 410, Greeley, CO 80634, 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 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
Section 22-6-20.C.1 (ECON.Policy 3.1) states: "County activities and
regulation should protect the rights of private property owners and the
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SPECIAL REVIEW PERMIT (USR15-0001) - L&S CAPITAL LTD, CIO BONANZA ENERGY
OPERATING COMPANY, LLC
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public health, safety and welfare, recognizing that these basic rights and
protections allow the free market to prosper and grow the local economy."
The applicant, Bonanza Creek Energy Operating Company, LLC, is
proposing a natural gas compressor station with four (4) compressors and
three (3) generators. The hours of operation are proposed to be 24 hours
a day, seven (7) days a week. No landscaping is proposed. The
application materials depict lighting and a seven-foot chain link security
fence with three (3) strands of barbed-wire on the top that will surround
the site. The application was revised to remove the telecommunication
tower. This site's southeast corner is located in the floodplain; however,
no structures are in the floodplain. The remote location of this site
ensures compatibility with surrounding land uses.
B. Section 23-2-230.6.2 -- The proposed Use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.A.2 allows for a Site
Specific Development Plan and Use by Special Review Permit for Mineral
Resource Development Facilities, including Oil and Gas Support and
Service Facilities (compressor station for natural gas and all related
equipment including) 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 adjacent
properties are mainly utilized for pastures. The closest residence is
approximately two (2) miles south of the site. There are no other USRs
within one (1) mile of this parcel. The Weld County Department of
Planning Services has not received any communication from the
surrounding property owners concerning this USR. The attached
Development Standards and Conditions of Approval for this proposal will
assist in mitigating the impacts of the facility on the adjacent properties
and ensure compatibility with surrounding land uses.
D. Section 23-2-230.6.4 -- 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 (IGA) area of a municipality.
E. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. 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. The
site is in a Special Flood Hazard Area.
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OPERATING COMPANY, LLC
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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 four (4)
acres of land designated as "Other Land," per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map. This USR will not
take any Prime (Irrigated) Farmland 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 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 L&S Capital LTD, do Bonanza Energy Operating
Company, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR15-0001, for Mineral Resource Development Facilities, including Oil and Gas Support and
Service Facilities (compressor station for natural gas and all 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 map:
A. The applicant shall complete a Nonexclusive License Agreement for the
upgrade and maintenance of Weld County Right-of-Way (CR 58).
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR15-0001.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) The map shall delineate the lighting.
5) 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.
6) County Road (CR) 58 is an unmaintained section line right-of-way.
The applicant shall verify, and delineate on the map, the existing
right-of-way and the documents creating the right-of-way. All
setbacks shall be measured from the edge of right-of-way. This
road is not maintained by Weld County.
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7) The applicant shall show the approved Non-exclusive License
Agreement on the map and label it with the recorded reception
number and date (Reception # , [date recorded]).
8) The applicant shall show the approved access(es) on the map and
label with the approved access permit number (AP14-00489).
9) The applicant shall show the accepted water quality feature on the
map with volume and label as "Water Quality Feature, No-Build or
Storage Area."
10) The applicant shall show and label the drainage flow arrows,
turning radii, and parking and circulation on the map.
2. 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.
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 added for each
additional three (3) month period.
4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
5. Prior to construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading
Permit will be required prior to the start of construction. The applicant
shall contact the Planning Department of Planning Services for
application information.
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OPERATING COMPANY, LLC
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6. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with
the Office of Emergency Management (OEM) 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. The
applicant shall 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 map
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 13th day of May, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, OLORADO
ATTEST: C� �t $( r�.J_
CI.GuW/ �"C.�etc arbara Kirk yer, C air
Weld County Clerk to the Board
Mike Freeman, Pro-Tem
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L/a can P. Conway
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Steve Moreno
Date of signature: //
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
L&S CAPITAL LTD, CIO BONANZA ENERGY OPERATING COMPANY, LLC
USR15-0001
1. A Site Specific Development Plan and Use by Special Review Permit, USR15-0001, is
for Mineral Resource Development Facilities, including Oil and Gas Support and Service
Facilities (compressor station for natural gas and all related equipment) 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. This is an unmanned facility, as stated by the applicant.
4. The hours of operation will be 24 hours a day, seven (7) days a week, as stated by the
applicant.
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 Emergency Action
and Safety Plan on or before March 1st of any given year, signed by representatives of
the Fire District and the Weld County Office of Emergency Management, to the
Department of Planning Services.
7. A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway, as delineated on Federal Emergency
Management Agency (FEMA) FIRM Community Panel Map #080266-0700C dated
September 28, 1982 (Sandborn Draw Floodplain). Any development shall comply with
all applicable Weld County requirements, Colorado Water Conservation Board
requirements as described in Rules and Regulations for Regulatory Floodplains in
Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60,
and 65. The FEMA definition of development is any man-made change to improved or
unimproved real estate, including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment
and materials.
8. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
9. The historical flow patterns and runoff amounts will be maintained on the site.
10. Weld County is not responsible for the maintenance of on-site drainage related features.
11. There shall be no parking or staging of vehicles on County roads. On-site parking shall
be utilized.
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12. The right-of-way or easement shall be graded and drained to provide an all-weather
access.
13. 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.
14. 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.
15. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions. The applicant
shall operate in accordance with the accepted Waste Handling Plan, and with
Chapter 14, Article 1 of the Weld County Code, at all times.
16. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall be operated in accordance with the accepted Dust Abatement Plan, at all
times. Fugitive dust shall attempt to be confined on the property. Uses on the property
shall comply with the Colorado Air Quality Commission's Air Quality Regulations.
17. 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.
18. All potentially hazardous chemicals must be handled in a safe manner in accordance
with product labeling and in a manner that minimizes the release of hazardous air
pollutants (HAP's) and volatile organic compounds (VOC's). All chemicals must be
stored secure on an impervious surface and in accordance with manufacturer's
recommendations.
19. The Spill Prevention, Control and Countermeasure Plan shall be available on-site, at all
times.
20. This facility shall adhere to the maximum permissible noise levels allowed in the
Non-Specified Zone as delineated in Section 14-9-30 of the Weld County Code, or with
all applicable state noise statutes and/or regulations.
21. 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.
22. Secondary containment shall be constructed around tanks to provide containment for the
largest single tank and sufficient freeboard to contain precipitation. A synthetic or
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engineered liner shall be placed directly beneath each above-ground tank. 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.
23. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
24. 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.
25. 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 2011 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.
26. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
27. 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.
28. 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.
29. 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.
30. 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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