HomeMy WebLinkAbout20142286.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0024, FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY
(UNMANNED COMPRESSOR STATION FACILITY) IN THE A (AGRICULTURAL)
ZONE DISTRICT-TERRY WIEDEMAN, C/O AKA ENERGY GROUP, 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 6th day of
August, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Terry Wiedeman, 13025 CR 42, LaSalle, CO 80645, do Aka Energy
Group, LLC, 65 Mercado Street, Suite 250, Durango, CO 81301, for a Site Specific
Development Plan and Use by Special Review Permit, USR14-0024, for an Oil and Gas
Support and Service Facility (unmanned compressor station facility) in the A (Agricultural) Zone
District, on the following described real estate, being more particularly described as follows:
Lot C of Recorded Exemption, RECX14-0029;
being part of the W1/2 of Section 29, Township 4
North, Range 66 West of the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing, the Board deemed it advisable to continue the matter to
August 13, 2014, to allow them to finalize some access easement issues on a pending
Recorded Exemption (RE) to allow the USR to be contained to a single lot of the RE, versus the
entire parcel..
WHEREAS, at said hearing on August 13, 2014, the applicant was present, and
represented by Gregg Wurtz, 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 (USR14-0024) - TERRY WIEDEMAN, C/O AKA ENERGY
GROUP, LLC
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1) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of
agricultural land to nonurban residential, commercial and industrial
uses should be accommodated when the subject site is in an area
that can support such development, and should attempt to be
compatible with the region."
2) Section 22-2-20.1 (A.Goal 9) states: "Reduce potential conflicts
between varying land uses in the conversion of traditional
agricultural lands to other land uses."
3) Section 22-2-20.1.3 (A.Policy 9.3) states: "Consider mitigation
techniques to address incompatibility issues. Encourage
techniques and incentives, such as but not limited to clustered
development and building envelopes, to minimize impacts on
surrounding agricultural land."A lighting standard and noise limits
are attached as Development Standards to address compatibility
with the existing 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 of the Weld County
Code allows oil and gas support facilities as a Use by Special Review
(USR) 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 nearest
residences are located approximately one-half mile from the USR site. No
phone calls or correspondence have been received from surrounding
property owners in regards to this case. A lighting standard and noise
limits are attached as Development Standards to address compatibility
with the existing 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 located within the three (3) mile referral areas of the Towns of
Gilcrest, Platteville, and Milliken. The town limits of Gilcrest are located
one-half mile from the boundary of the USR site. The site is also located
within the Cooperative Planning (Intergovernmental Agreement) boundary
of the Town of Gilcrest. Notice of a pending USR Application (through a
Notice of Inquiry form) was provided to the Town of Gilcrest by the
applicant prior to submittal of the USR application per the requirements of
Chapter 19 of the Weld County Code. The notice form was signed and
returned by the Town of Gilcrest with no comments. The Towns of Gilcrest
and Milliken, in the referral comments dated May 13, 2014, and June 4,
2014, respectively indicated that they have no concerns. No referral
response has been received from the Town p o n of Platteville.
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SPECIAL REVIEW PERMIT (USR14-0024) - TERRY WIEDEMAN, C/O AKA ENERGY
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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.
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. The Amended Use by Special Review Permit site is
located on land delineated as "Prime," according to the Prime and
Important Farmlands Map of Weld and Larimer Counties. The proposed
USR is to be located on a three (3) acre Recorded Exemption lot
(RECX14-0028).
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 Terry Wiedeman, c/o Aka Energy Group, LLC,
for a Site Specific Development Plan and Use by Special Review Permit, USR14-0024, for an
Oil and Gas Support and Service Facility (unmanned 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 plat:
A. A Road Maintenance Agreement is required for any construction phase of
the project. Road maintenance, including dust control and/or damage
repair, will be included.
B. The applicant shall provide a recorded access agreement granting access
to the compressor station facility USR site from County Road (CR)40.
C. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR14-0024.
2) The attached Development Standards.
3) The plat 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
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SPECIAL REVIEW PERMIT (USR14-0024) - TERRY WIEDEMAN, C/O AKA ENERGY
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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) The applicant shall show the approved access on the plat and
label with the approved access permit number AP14-00158.
6) The proposed site lighting.
7) The applicant shall indicate specifically on the plat the type of
right-of-way/easement and indicate whether it is dedicated,
private, or deeded to provide adequate access to the parcel.
8) The applicant shall label the water quality feature on the plat as
"Water Quality Feature, No Build/Storage Area" and label the
required volume.
D. The applicant shall submit evidence of an Air Pollution Emission Notice
(A.P.E.N.) and Emissions Permit Application, per the Air Pollution Control
Division (APCD), Colorado Department of Public Health and
Environment, to the Environmental Health Services Division of the Weld
County Department of Public Health and Environment (WCDPHE).
Alternately, the applicant may provide evidence from the APCD that they
are not subject to these requirements.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version (.pdf), or three (3) paper copies, 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
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SPECIAL REVIEW PERMIT (USR14-0024) - TERRY WIEDEMAN, C/O AKA ENERGY
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(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.
B. A Construction Stormwater Permit is required with the State for disturbing
more than one (1) acre.
C. A Right-of-Way Permit is required for any work within the public
right-of-way unless work involves construction of an approved access.
6. Within 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
WCDPHE.
7. 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. The applicant
shall submit evidence of acceptance to the Department of Planning
Services.
8. 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.
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SPECIAL REVIEW PERMIT (USR14-0024) - TERRY WIEDEMAN, C/O AKA ENERGY
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of August, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO Q ' `
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TERRY WIEDEMAN, CIO AKA ENERGY GROUP, LLC
USR14-0024
1. The Site Specific Development Plan and Use by Special Review Permit, USR14-0024, is
for an Oil and Gas Support and Service Facility (unmanned compressor station facility)
in the A (Agricultural) Zone District.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. 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.
4. 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.
5. 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.
6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall be operated in accordance with the approved Dust Abatement Plan, at all
times.
7. 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
or with all applicable state noise statues and/or regulations.
8. 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
n
Pollutants (HAP's) and Volatile Organic Compounds (VOC's).). All chem
icals must be
stored secure, on an impervious surface, and in accordance with manufacturer's
recommendations.
9. Adequate drinking, hand washing 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 consecutive hours per 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 WCDPHE. Portable toilets shall be
serviced by a cleaner licensed in Weld County and shall contain hand sanitizers.
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DEVELOPMENT STANDARDS (USR14-0024) -TERRY WIEDEMAN, C/O AKA ENERGY
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10. 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.
11. The Spill Prevention, Control and Countermeasure Plan shall be available on-site, at all
times.
12. In accordance with Colorado Oil and Gas Conservation Commission (COGCC)
Rule 604, a spillage retention berm shall be constructed around the aboveground
storage tanks. The volume retained by the spillage berm should be greater than the
volume of the largest tank inside the berm and sufficient freeboard to contain
precipitation. Alternative protective measures may be allowed provided they comply with
the COGCC Regulations.
13. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
14. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
such would cause a nuisance or interfere with the use of the adjacent
properties where
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.
15 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 Section 15-1-180, of the Weld County Code.
16. The historical flow patterns and runoff amounts will be maintained on the site.
17. Weld County is not responsible for the maintenance of on-site drainage related features.
18. There shall be no parking or staging of vehicles on County roads. On-site parking shall
be utilized.
19. 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.
20. A building and electrical permit may be required, per Section 29-3-10 of the Weld County
Code, for any new structures, additions or renovation to any structures. A Building
Permit Application must be completed and two complete sets of engineered plans.
Material Safety Data Sheets (MSDS) sheets for all materials stored shall be submitted
with Building Permit Applications.
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DEVELOPMENT STANDARDS (USR14-0024) -TERRY WIEDEMAN, C/O AKA ENERGY
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21. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
22. 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.
23. 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.
24. 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.
25. 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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