HomeMy WebLinkAbout20131931.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0028, 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,
EIGHT (8) COMPRESSORS ASSOCIATED WITH GAS PROCESSING OR WHICH
COMPRESS GAS TO ENTER A PIPELINE FOR TRANSPORT TO MARKET, AND
ONE (1) SEVENTY-FOOT IN HEIGHT COMMUNICATIONS TOWER IN THE
A (AGRICULTURAL) ZONE DISTRICT — KERR-MCGEE GATHERING, 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 31st day
of July, 2013, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Kerr-McGee Gathering, LLC, 1099 18th Street, Suite 1800, Denver,
CO 80202, for a Site Specific Development Plan and Use by Special Review Permit,
USR13-0028, 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, eight (8)
compressors associated with gas processing or which compress gas to enter a pipeline for
transport to market, and one (1) seventy-foot in height communications tower in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Being part of the NW1/4 of Section 14, Township 2
North, Range 67 West of the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing, the applicant was present and represented by Nathan
Smith, 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 23-2-2308 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.
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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 22-2-80.D (I.Goal 4) states: `All new industrial
development should pay its own way." The applicant will be
paying for all on -site and off -site improvements associated with
this use as required through the Improvements Agreement.
3) 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 public health, safety and welfare, recognizing that these
basic rights and protections allow the free market to prosper and
grow the local economy." Kerr-McGee Gathering (KMG), LLC
gathers natural gas, performs gas processing, and transmits final
products to customers via pipelines. In Weld County, KMG
operates an extensive network of gathering pipelines and
compressor stations. The DJ Basin area has recently seen rapid
expansion as new drilling technologies are allowing more oil and
gas to be produced. As a result, gas gathering and processing
capacity needs to be expanded in order to meet the growing
production. To meets these needs, KMG is proposing to construct
a new compressor station to facilitate the movement of this
resource to other Kerr-McGee facilities for processing and to
market. The Vollmer Compressor Station is necessitated by the
need to move larger volumes of gas due to the recent increases in
drilling activity and projected additional production increases. This
proposal has been reviewed by the appropriate referral agencies
and it has been determined that the attached Conditions of
Approval and Development Standards (Noise limits and the
requirement that the applicant submit a Lighting Plan) ensure that
there are adequate provisions for the protection of the health,
safety and welfare of the inhabitants of the neighborhood and
county.
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, including oil and gas processing facilities and related
equipment, including, but not limited to, eight (8) compressors associated
with gas processing or which compress gas to enter a pipeline for
transport to market; and Section 23-3-40.K allows one (1) or more
microwave, radio, television or other communication transmission or relay
tower over seventy (70) feet in height per Lot 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 is
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SPECIAL REVIEW PERMIT (USR13-0028) - KERR-MCGEE GATHERING, LLC
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generally flat with a slight slope to the south. This land and surrounding
lands in each direction are in agricultural production with numerous oil
and gas facilities, well heads and tank batteries present in each direction.
To the north is a rural residence and agricultural fields. To the west is the
Coal Ridge Ditch and agricultural fields, south and east are lands in
agriculture with limited residential development and an overhead electric
transmission line flanks the eastern property line. There are 15 property
owners on 17 parcels within five hundred (500) feet of this facility. There
are five residences, within five hundred (500) feet of the proposed facility,
with the nearest residence being approximately 800 feet to the east from
the proposed facility; to the north is an abandoned residence currently
vacant with agricultural outbuildings. Within 1,000 feet of the proposed
facility there are eight (8) residences, and within one-half mile of the
proposed facility there are twenty-seven (27) residences, predominately
located east and south of the proposed facility. Staff has not received any
telephone calls, electronic mail or letters concerning this proposed facility.
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 within the three (3) mile referral area of the City
of Fort Lupton and the Towns of Firestone and Frederick. The Town of
Frederick returned a referral indicating no conflict with its interests;
responses were not received from the City of Fort Lupton or the Town of
Firestone.
E. Section 23-2-230.B.5 -- The application complies with Section 23-5 of the
Weld County Code. The existing site is not within a recognized overlay
district, including the Geologic Hazard, Flood Hazard or Airport Overlay
District. 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.B.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 46 -acre parcel
utilizing approximately nine (9) acres 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
designated "Other" on the Important Farmlands of Weld County map
dated 1979.
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 ensure that
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there are adequate provisions for the protection of 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 Kerr-McGee Gathering, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR13-0028, 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, eight (8) compressors associated with gas
processing or which compress gas to enter a pipeline for transport to market, and one (1)
seventy-foot in height 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 USR13-0028.
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 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 22 is designated on the Weld County Road
Classification Plan as a local roadway, which requires 60 feet of
right-of-way at full buildout. The applicant shall verify the existing
60 feet of 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 right-of-way. If the
existing right-of-way cannot be verified, it shall be dedicated. This
road is maintained by Weld County.
6) The applicant shall show the approved accesses and label with
the approved access permit number.
7) The applicant shall indicate the type of right-of-way/easement and
whether it is dedicated, private, or deeded.
8) The approved Lighting Plan for the facility.
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B. 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 Health and Environment, to the
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.
C. The applicant should attempt to address the concerns of the Fort Lupton
Fire Protection District, as stated in the referral dated June 7, 2013
2. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading
Permit will be required.
3. The applicant shall develop an Emergency Operations Plan and a Safety Plan in
coordination with the Office of Emergency Management and the Fort Lupton Fire
Protection District prior to operations.
4. Upon completion of Conditions of Approval #1 and #2 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
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.
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KERR-MCGEE GATHERING, LLC
USR13-0028
1. The Site Specific Development Plan and Use by Special Review Permit, USR13-0028, is
for Mineral Resource Development, Oil and Gas Support and Service, including oil and
gas processing facilities and related equipment, including, but not limited to, eight (8)
compressors associated with gas processing or which compress gas to enter a pipeline
for transport to market, and one (1) seventy-foot in height communications tower in the
A (Agricultural) Zone District, and 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. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
7. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
8. 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 the 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.
9. 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.
10. 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.
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11. The facility shall comply with the Air Pollution Emission Notice (A.P.E.N.) permit
requirements, as stipulated by the Air Pollution Control Division, Colorado Department of
Public Health and Environment, as applicable.
12. The signed Spill Prevention, Control and Countermeasure Plan shall be available on the
site, at all times.
13. The applicant shall comply with all provisions of the State Underground and Above
Ground Storage Tank Regulations.
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. Building permits may be required for the Oil and Gas Support and Service Facility and
associated buildings and equipment.
17. A Building Permit Application must be completed and two (2) complete sets of
Engineered Plans, including Engineered Foundation Plans bearing the wet stamp of a
Colorado registered architect or engineer must be submitted.
18. A plan review shall be approved and a permit must be issued prior to the start of
construction.
19. A Geotechnical Engineering Report performed by a Colorado registered engineer shall
be required or an Open Hole Inspection.
20. Buildings and structures shall conform to the requirements of the various codes adopted
at the time of permit application. Currently, the following have been adopted by Weld
County: 2012 International Building Code, 2012 International Mechanical Code, 2012
International Plumbing Code, 2006 International Energy Code, 2012 International Fuel
Gas Code, 2011 National Electrical Code, 2003 ANSI 117.1 Accessibility Code, and
Chapter 29 of the Weld County Code.
21. The historical flow patterns and runoff amounts will be maintained on the site.
22. 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.
23. Weld County will not maintain on -site drainage related areas or medians.
24. There shall be no parking or staging of vehicles on County roads.
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25. Building permits issued on the property will be required to adhere to the fee structure of
the County -Wide Road Impact Fee Program.
26. 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.
27. The facility will operate 24 hours per day, 365 days per year.
28. The facility will comply with the approved Lighting Plan and Section 23-3-250.D.1,
Lighting Standards, of the Weld County Code.
29. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
30. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
31. 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.
32. 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.
33. 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.
34. 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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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 31st day of July, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTYCOLORADO
ATTEST:
Weld County Clerk to the Board
fl
arbara Kirkmey,
Date of signaturcAU6 2 0 2013
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