HomeMy WebLinkAbout20140972.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0067, FOR A MINERAL RESOURCE DEVELOPMENT, OIL AND
GAS SUPPORT AND SERVICE, INCLUDING OIL AND GAS PROCESSING
FACILITIES AND RELATED EQUIPMENT, INCLUDING, BUT NOT LIMITED TO,
THREE (3) COMPRESSORS ASSOCIATED WITH GAS PROCESSING OR WHICH
COMPRESS GAS TO ENTER A PIPELINE FOR TRANSPORT TO MARKET AND
ONE (1) 25-FOOT COMMUNICATIONS TOWER IN THE A (AGRICULTURAL) ZONE
DISTRICT- RONALD AND BETTY PAPPENHEIM/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 2nd day of
April, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Ronald and Betty Pappenheim, 20112 CR 76, Eaton, CO 80615, and Bill
Barrett Corporation, 1099 18th Street, Suite 2300, Denver, CO 80202, for a Site Specific
Development Plan and Use by Special Review Permit, USR13-0067, for a Mineral Resource
Development, Oil and Gas Support and Service, including Oil and Gas Processing Facilities and
related equipment, including, but not limited to, three (3) compressors associated with gas
processing or which compress gas to enter a pipeline for transport to market and one (1) 25-foot
Communications Tower in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
Subdivision Exemption, SUBX13-0026; being part
of the N1/2 NW1/4 of Section 23, Township 6
North, Range 62 West of the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing, the applicant was present/represented by Doug Dennison,
Bill Barrett Corporation, 1099 18th Street, Suite 2300, Denver, CO 80202, 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:
Cc_: C- (e)Y)RJ(m )PLC K6)Ht(u), Apps
y•a� ao��{
2014-0972
PL2263
SPECIAL REVIEW PERMIT (USR13-0067) - RONALD AND BETTY PAPPENHEIM, C/O BILL
BARRETT CORPORATION
PAGE 2
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 22-5-100.A (OG.Goal 1) states: " Promote the reasonable
and orderly exploration and development of oil and gas mineral
resources."
2) Section 22-5-100.6 (OG.Goal 2) states: "Ensure that the
extraction of oil and gas resources conserves the land and
minimizes the impact on surrounding land and the existing
surrounding land uses." This proposal has been reviewed by the
appropriate referral agencies and it has been determined that the
attached Conditions of Approval (noise limits and the requirement
that the applicant submit a Lighting Plan) 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 and Section 23-3-20.0 allows one (1) telecommunication
antenna tower as an accessory use, 25 foot in height communication
towers 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 property has a
modulating topography sloping southeasterly to the Sanborn Draw. This
land and surrounding lands in each direction are utilized as grazing lands
for livestock and are in native grasses with numerous oil and gas
facilities, well heads and tank batteries present in each direction. To the
west, is a rural residential development of approximately 16 parcels, with
12 residences, outbuildings and corrals. There are 19 property owners
on 14 parcels within 500 feet of this facility. The nearest residences are
1,200 feet to the northeast, 2,400 feet to the east/north east, 2,960 feet
to the west. Planning staff has received no letters, telephone calls or
electronic mail from interested parties.
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 within a three (3) mile referral area of a
municipality.
2014-0972
PL2263
SPECIAL REVIEW PERMIT (USR13-0067) - RONALD AND BETTY PAPPENHEIM, CIO BILL
BARRETT CORPORATION
PAGE 3
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. This proposed facility is located on a 4.7 acre Subdivision
Exemption lot (SUBX13-0027) for the compressor site. Ongoing
agricultural production will continue on lands not impacted by this
proposed facility. The proposed facility is sited on lands that are without a
designation on the Important Farmlands of Weld County map dated 1979.
G. Section 23-2-230.8.7 -- 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 Ronald and Betty Pappenheim, c/o Bill Barrett
Corporation for a Site Specific Development Plan and Use by Special Review Permit,
USR13-0067, for a Mineral Resource Development, Oil and Gas Support and Service, including
Oil and Gas Processing Facilities and related equipment, including, but not limited to, three (3)
compressors associated with gas processing or which compress gas to enter a pipeline for
transport to market and one (1) 25-foot Communications Tower 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. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0067.
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) County Road (CR) 68 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.
2014-0972
PL2263
SPECIAL REVIEW PERMIT (USR13-0067) — RONALD PAPPENHEIM
PAGE 4
5) The applicant shall show the approved accesses on the plat and label
with the approved access permit number, AP13-00144.
B. The applicant shall provide an accepted Water Quality Control Feature Report
stamped and signed by a Colorado registered engineer.
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), Colorado Department of Public Health and Environment, to
Environmental Health Services Division of the Weld County Department of Public
Health and Environment. Alternately, the applicant may provide evidence from
the APCD that they are not subject to these requirements.
D. The applicant shall submit a Noise Abatement Plan to the Department of
Planning Services, for review and approval.
2. 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 Right-of-way Permit is required for any work done in the Weld county
right-of-way.
C. A permit is required for any oversize/overweight vehicles.
3. Prior to Operation
A. A signed copy of the Spill Prevention, Control and Countermeasure Plan shall be
provided to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment.
B. 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
4. 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.
2014-0972
PL2263
SPECIAL REVIEW PERMIT (USR13-0067) — RONALD PAPPENHEIM
PAGE 5
5. 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.
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 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 plat 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 2nd day of April, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: thrti _so � ;u m7,Il2U„i lG rLn r
Dougl ade r Chair
Weld County Clerk to the B`j IT" La',
A.
Barbara Kirkm�evr - Pro Tem
BY: E �1 � I �l fns.:., I� � = f D re -
Dep y Clerk to the B�Tir!'
r � Sean P. Conway
APPROVED AS TO FORM: ® �j L�yLc
��g n� Mike F an
,¢cs i. County Attorney
lam F. Garcia
Date of signature: 4"fig'/g
2014-0972
PL2263
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RONALD AND BETTY PAPPENHEIM, C/O BILL BARRETT CORPORATION
USR13-0067
1. The Site Specific Development Plan and Use by Special Review Permit, USR13-0067,
is for a Mineral Resource Development, Oil and Gas Support and Service, including Oil
and Gas Processing Facilities and related equipment, including, but not limited to, three
(3) compressors associated with gas processing or which compress gas to enter a
pipeline for transport to market and one (1) 25-foot Communications Tower in the
A (Agricultural) Zone District, are 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 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, blowing debris, and other potential nuisance conditions.
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. 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. Portable toilets shall be serviced by a cleaner licensed in Weld County
and shall contain hand sanitizers.
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
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.
9. The Spill Prevention, Control and Countermeasure Plan shall be available on-site, at all
times.
10. This facility and operation shall adhere with all applicable state noise statutes and/or
regulations.
2014-0972
PL2263
DEVELOPMENT STANDARDS (USR13-0067) - RONALD AND BETTY PAPPENHEIM, C/O
BILL BARRETT CORPORATION
PAGE 2
11. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
12. 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.
13. 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
14. The historical flow patterns and runoff amounts will be maintained on the site.
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 Chapter 15, Articles I and II, of the Weld County Code.
16. Building permits issued on the property will be required to adhere to the fee structure of
the County-Wide Road Impact Fee Program.
17. Building permits issued on the property will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Programs.
18. The unmanned facility will operate 24 hours per day, 365 days per year.
19. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
20. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
21. The property owner or operator shall provide written evidence of an approved
Emergency Action and Safety Plan, on or before January 15th of any given year, signed
by representatives for the Fire District and the Weld County Office of Emergency
Management to the Department of Planning Services.
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.
2014-0972
PL2263
DEVELOPMENT STANDARDS (USR13-0067) - RONALD AND BETTY PAPPENHEIM, C/O
BILL BARRETT CORPORATION
PAGE 3
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.
2014-0972
PL2263
Hello