HomeMy WebLinkAbout20143401.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0051, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES
AND OIL AND GAS SUPPORT AND SERVICE, INCLUDING, BUT NOT LIMITED TO,
AN OIL AND GAS PRODUCTION EQUIPMENT STORAGE YARD, OFFICE AND
ASSOCIATED BUILDINGS, INCLUDING FOUR (4) CONEX STORAGE
CONTAINERS, A TWENTY (20) FOOT IN HEIGHT COMMUNICATION TOWER, AND
IN GROUND POND IN THE A (AGRICULTURAL) ZONE DISTRICT- CIRCLE B LAND
COMPANY, LLC, C/O BILL BARRETT CORPORATION
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 5th day of
November, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Circle B Land Company, LLC, c/o Bill Barrett Corporation, 1900
Dalrock Road, Rowlett, TX 75088, for a Site Specific Development Plan and Use by Special
Review Permit, USR14-0051, for Mineral Resource Development Facilities and Oil and Gas
Support and Service, including, but not limited to, an oil and gas production equipment storage
yard, office and associated buildings, including four (4) conex storage containers, a twenty (20)
foot in height Communication Tower, and In Ground Pond in the A (Agricultural) Zone District,
on the following described real estate, being more particularly described as follows:
S1/2 SW1/4 of Section 7, Township 6 North,
Range 61 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, represented by Pat Denizon, Bill
Barrett Corporation, 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.
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SPECIAL REVIEW PERMIT (USR14-0051) - CIRCLE B LAND COMPANY, LLC, C/O BILL
BARRETT CORPORATION
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B. The applicant shall submit written evidence of a commercial well to the
Weld County Department of Planning Services and the WCDPHE.
C. The applicant shall submit a Dust Abatement Plan.
D. Signs shall be in compliance with Chapter 23, Article IV, Division II and
Appendices 23-C, 23-D and 23-E of the Weld County Code.
E. The plat shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR14-0051.
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. The applicant shall delineate the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas. Areas used for storage or trash collection
shall be screened from adjacent properties and public
rights-of-way. These areas shall be designed and used in a
manner that will prevent trash from being scattered by wind or
animals.
5. County Road (CR) 85 is designated on the Weld County Road
Classification Plan as a local road, which requires 60 feet of
right-of-way at full buildout. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way and this
information shall be noted on the plat. All setbacks shall be
measured from the edge of future right-of-way. If the right-of-way
cannot be verified, it shall be dedicated. This road is maintained
by Weld County.
6. CR 70 is designated on the Weld County Road Classification Plan
as a Section Line road. The applicant shall verify the existing
right-of-way, and the documents creating the right-of-way, and this
information shall be noted on the plat. All setbacks shall be
measured from the edge of future right-of-way. If the right-of-way
cannot be verified, it shall be dedicated. This road is not
maintained by Weld County.
7. The applicant shall show the approved access for CR 70 on the
plat and label it with the approved Access Permit Number
(AP13-00189).
8. Show the approved access(es) for CR 85 on the map and label it
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with the approved Access Permit Number (AP14-00412).
9. A water quality feature has been designated for this area. The
applicant has supplied design and calculations. The applicant
shall show how storm water drainage gets across internal road to
Water Quality Control Feature location.
10. The applicant shall show the approved non-exclusive license
agreement on the plat and label it with the recorded reception
number and date (Rec. No. 3959867, August 14, 2013).
11. Delineate the location of the in-ground pond.
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 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 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.
6. Within six (6) months of Operation:
A. A signed copy of the Spill Prevention, Control and Countermeasure Plan
shall be provided to Environmental Health Services Division of the Weld
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County Department of Public Health and Environment and 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 5th day of November, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: di/ j/!�r- EXCUSED
/,�` Doy/glas Rademach r, hair
Weld County Clerk to the ' •=rd
arbara Kirkmeyer, ro-Tem
Deputy Cl.. k to he Bo wi"
146U Sean P. Con ay
APPROVED AS TO FORM:
Mike
Fr
IDA •_S
k County tt rney
/ William . Garcia
Date of signature: W/'—
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CIRCLE B LAND COMPANY, LLC,
C/O BILL BARRETT CORPORATION
USR14-0051
1. The Site Specific Development Plan and Special Review Permit, USR14-0051, is for
Mineral Resource Development Facilities and Oil and Gas Support and Service,
including, but not limited to, an oil and gas production equipment storage yard, office and
associated buildings, including four (4) conex storage containers, a twenty (20) foot in
height Communication Tower, and In Ground Pond 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 days a week, as stated by the
applicant(s).
4. The number of full-time employees staffed on-site is fifteen (15), with the number of
employees located at the site restricted to twenty-two (22) persons, as stated by the
applicant(s).
5. 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.
6. 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.
7. 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. The applicant shall operate in accordance with the approved Waste Handling
Plan at all times.
8. This facility shall adhere to the maximum permissible noise levels allowed in the
Non-specified Zone District, as delineated in Section 14-9-30 of the Weld County Code.
9. Any vehicle or equipment washing areas shall capture all effluent and prevent
discharges in accordance with the Rules and Regulations of the Water Quality Control
Commission, and the Environmental Protection Agency.
10. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times.
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11. 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
On-Site Wastewater Treatment Systems (O.W.T.S.)
12. The Spill Prevention, Control and Countermeasure Plan shall be available on-site, at all
times.
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. The applicant shall obtain a Colorado Discharge Permit System (CDPS) Permit from the
Colorado Department of Public Health and Environment (CDPHE), Water Quality Control
Division, as applicable.
15. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
16. 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.
17. 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.
18. The historical flow patterns and runoff amounts will be maintained on the site.
19. Weld County is not responsible for the maintenance of on-site drainage related features.
20. There shall be no parking or staging of vehicles on county roads. On-site parking shall
be utilized.
21. 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.
22. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
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23. 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.
24. 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.
25. 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.
26. 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 plat and recognized at all times.
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