HomeMy WebLinkAbout20142942.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0035, FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY
(NATURAL GAS AND CONDENSATE SEPARATOR FACILITY AND COMPRESSOR
FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT - 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 1st day of
October, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Aka Energy Group, LLC, 65 Mercado Street, Suite 250,Durango, CO
81301, for a Site Specific Development Plan and Use by Special Review Permit, USR14-0035,
an Oil and Gas Support and Service Facility (natural gas and condensate separator facility and
compressor facility) in the A (Agricultural) Zone District, on the following described real estate,
being more particularly described as follows:
W1/2 SW1/4 of Section 31, Township 4 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, and represented by Gregg
Wurtz, 65 Mercado Drive, Durango, Colorado, 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.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
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."
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SPECIAL REVIEW PERMIT (USR14-0035) -AKA ENERGY GROUP, LLC
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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." Staff is requiring a Lighting Plan to
be indicated on the USR plat map. The applicant has submitted a
Noise Abatement Plan. The application indicates that the buildings
will be sound attenuated, and mufflers will be installed, if
necessary, to minimize exhaust noise. The application indicates
that the proposed facility will adhere to Colorado Oil and Gas
Conservation Commission (COGCC) noise regulations.
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 allows Oil and Gas Support Facilities (natural gas and condensate
separator facility and compressor facility) as a Use by Special Review 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 nearest
residence is approximately 1,000 feet to the southwest of the proposed
compressor station site. No phone calls or correspondence have been
received from surrounding property owners in regards to this case. A
Lighting Plan needs to be shown on the plat and noise limits are attached
as Development Standards to address compatibility with the existing land
uses.
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,
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 proposed facility is located on approximately 80 acres.
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SPECIAL REVIEW PERMIT (USR14-0035) —AKA ENERGY GROUP, LLC
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The compressor station is proposed to be located on approximately
eight (8) acres on land delineated as "Other," per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map.
G. Section 23-2-230.6.7 — There is adequate provisions for the protection of
the health, safety, and welfare of the inhabitants of the neighborhood and
County. 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 Aka Energy Group, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR14-0035, for an Oil and Gas
Support and Service Facility (natural gas and condensate separator facility and compressor
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 the construction phase of
the project. Road maintenance, including dust control and/or damage
repair will be included.
B. The applicant shall submit a Signage Plan to the Department of Planning
Services, for review and approval, if signage is desired. 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.
C. The applicant shall submit evidence of an Air Pollution Emission Notice
(A.P.E.N.) and Emissions Permit application from the Air Pollution Control
Division (APCD) of the Colorado Department of Public Health and
Environment (CDPHE) to the Environmental Health Services Division of
the Weld County Department of Public Health and Environment
(WCPHE). Alternately, the applicant may provide evidence from the
APCD that they are not subject to these requirements.
D. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR14-0035.
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
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SPECIAL REVIEW PERMIT (USR14-0035) —AKA ENERGY GROUP, LLC
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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. Proposed site lighting.
6. County Road (CR) 38 is designated on the Weld County Road
Classification Plan as a Local Gravel Road, which requires
sixty (60) feet of right-of-way at full buildout. The applicant shall
verify and delineate on the plat the existing right-of-way and the
documents creating the right-of-way. All setbacks shall be
measured from the edge of future right-of-way. This road is
maintained by Weld County.
7. Show the approved access on the plat and label with the
approved access permit number (AP14-00263).
8. The applicant shall label the approved Water Quality Feature on
the plat as, "Water Quality Feature, No Build/Storage Area," and
label the required volume.
•
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
(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
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5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading
Permit will be required.
B. A Right-of-Way Permit is required for any work within the public
right-of-way.
C. A Special Transport Permit is required for any over size or over weight
vehicles.
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. The Applicant
shall submit evidence of acceptance to the Department of Planning
Services.
7. Within six (6) months of operation of the facility:
A. A signed copy of the Spill Prevention, Control and Countermeasure Plan
shall be provided to the Environmental Health Services Division of the
WCDPHE.
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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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of October, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
C� WELD COUNTY, COLORADO C
ATTEST: C/ SC L ��2r 5Li c , C&
Douglas R demach , Chair
Weld County Clerk to the Boars 'East)
'Eas ) EXCUSED
arbara Kirkmeyer Pro-Tem
B
De•ut lerkto the Bo.1�� � ��{=iC7i�'' T
1�'•1i.S,
.ean P. Conway
APP , ORM:� V .. M f.
+ Mike Fre
unty Attorney
// William F. Garcia
Date of signature: �'bf!'�
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
AKA ENERGY GROUP, LLC
USR14-0035
1. The Site Specific Development Plan and Use by Special Review Permit, USR14-0035, is
for an Oil and Gas Support and Service Facility (natural gas and condensate separator
facility and compressor 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, 365 days a year, as stated by the
applicant(s).
4. The signage on the site shall be maintained in accordance with the approved Signage
Plan.
5. The lighting on the site shall be maintained in accordance with the approved Lighting
Plan.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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 statutes and/or regulations. The facility shall be
operated in accordance with the approved Noise Abatement Plan, at all times.
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11. 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.
12. 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 (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 (WCDPHE). Portable toilets shall be serviced by a cleaner licensed in
Weld County and shall contain hand sanitizers.
13. 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.
14. The Spill Prevention, Control and Countermeasure Plan shall be available on-site, at all
times.
15. 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.
I with all applicable rules and
16. The operation shall comply t pp regulations of state and federal
agencies and the Weld County Code.
17. 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.
18. The Emergency Action and Safety Plan shall be reviewed on an annual basis by the
Facility operator, the Fire District and the Weld County Office of Emergency
Management.
19. 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.
20. The historical flow patterns and runoff amounts will be maintained on the site.
21. Weld County is not responsible for the maintenance of onsite drainage related features.
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22. There shall be no parking or staging of vehicles on County roads. On-site parking shall
be utilized.
23. The right-of-way or easement shall be graded and drained to provide an all-weather
access.
24. 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.
25. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
26. 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.
27. 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.
9 9 PP 9
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.
28. 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.
29. 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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