HomeMy WebLinkAbout20121761.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR12-0023, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (CONTROL ROOM, CARBON BEDS, AMINE UNITS,
UTILITY BUILDINGS, PDC BUILDINGS, DEHYDRATION UNITS, CRYOGENIC
UNITS, REFRIGERATION UNITS, RESIDUE COMPRESSORS, VESSELS, TANKS,
TOWERS, AND FLARE STACKS), PROVIDED THAT THE PROPERTY IS NOT A LOT
IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR PART OF A MAP OR
PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS 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 18th day
of July, 2012, 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 2200, Denver,
Colorado 80202, for a Site Specific Development Plan and Use by Special Review Permit,
USR12-0023, for any Use Permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts (control room, carbon beds, amine units,
utility buildings, PDC buildings, dehydration units, cryogenic units, refrigeration units, residue
compressors, vessels, tanks, towers and flare stacks), provided that the property is not a lot in
an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lot D of Recorded Exemption, RECX12-0045;
located in part of the NW1/4 of Section 14,
Township 2 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Vince Harris, Baseline
Corporation, 700 12th Street, Suite 220, Golden, Colorado 80401, 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.
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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 non urban 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."
4) Section 22-2-100. (A.2 OG.Policy 1.2) states: "Oil and gas support
facilities which do not rely on geology for locations should locate in
commercial and industrial areas, when possible, and should be
subject to review in accordance with the appropriate sections of
this Code."
The proposed cryogenic facility is located in an area containing existing
oil and gas support facilities. A natural gas processing facility (approved
under third AMUSR-1002) is located to the north and two oil and gas
support facilities (approved under USR-1291 and USR-1353) and a
compressor station facility (approved under SUP-211), are located
adjacent to, and west of the proposed site. The attached Conditions of
Approval and Development Standards (noise limits and the requirement
that the applicant submit a Lighting Plan) will address and mitigate
impacts on the surrounding area.
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 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 proposed facility
is located in a rural area and is adjacent to three (3) existing oil and gas
support facilities and a compressor station facility. The nearest single
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family residences are located approximately 1/2 mile to the south of the
proposed improvements associated with this facility.
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. This site is located within the three-mile referral area of the
City of Fort Lupton. No referral response has been received from Fort
Lupton.
E. Section 23-2-230.6.5 -- The application complies with Chapter 23, Article
V, of the Weld County Code. Effective April 25, 2011, building permits
issued on the proposed lot will be required to adhere to the fee structure
of the County-Wide Road Impact Fee Program. Effective April 25, 2011,
building permits issued on the proposed lot will be required to adhere to
the fee structure of the 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 facility is proposed to be located on land designated
as "Prime If Irrigated" and "Other" according to the Prime and Important
Farmlands Map of Weld and Larimer Counties. The parcel is not in
agricultural production. Approximately 2/3 of the site is designated as
"Other."
G. Section 23-2-230.B.7 -- 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 Kerr-McGee Gathering, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR12-0023, for any Use Permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (control room, carbon beds, amine units, utility buildings, PDC buildings, dehydration
units, cryogenic units, refrigeration units, residue compressors, vessels, tanks, towers and flare
stacks), provided that the property is not a lot in an approved or recorded subdivision plat or part
of a map or plan filed prior to adoption of any regulations controlling subdivisions 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 USR12-0023.
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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 public rights-of-way and adjacent
properties. These areas shall be designed and used in a manner
that will prevent trash from being scattered by wind or animals.
5) There is 60 feet of unmaintained section line right-of-way along
the County Road (CR) 33 section line (30 feet on either side of the
section line), which shall be shown and labeled as right-of-way on
the plat.
6) Show and label the tracking control and turning radiuses at the
access point(s) on the plat.
7) Show the approved access(es) on the plat and label with the
approved access permit number (will be provided).
8) CR 22 is designated on the Weld County Road Classification Plan
as an arterial road, which requires 140 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
along with the edge of future right-of-way (70-feet from the
centerline of CR 22). 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.
9) The approved Lighting Plan.
10) Setbacks from oil and gas wells and wellheads.
11) The approved Sign Plan.
B. The applicant shall address the following requirements of the Weld
County Department of Public Works, as stated in the referral dated
May 14, 2012:
1) Submit photos of the proposed accesses (looking up and down
the roadway and into the site). The Traffic Engineer will review the
new access request.
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2) Submit a Final Drainage Report (utilizing the checklist available on
the Public Works website) prepared by a Colorado registered
engineer.
3) An Improvements and Road Maintenance Agreement is required
for this site for transportation and non-transportation
improvements. The Public Works Department will provide a draft
of the agreement after the Board of County Commissioners
hearing for this project.
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 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.
D. The applicant shall submit written evidence from the Colorado Division of
Water Resources, demonstrating that a well can be appropriately
permitted for the industrial use.
E. The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department
of Public Health and Environment. The plan shall include, at a minimum,
the following:
1) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
2) A list of wastes which are expected to be generated on the site
(this should include expected volumes and types of waste
generated).
3) A list of the type and volume of chemicals expected to be stored
on the site.
4) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
5) A copy of the SPCC Plan.
2. The applicant shall attempt to address the requirements of the Fort Lupton Fire
Protection District, as stated in the referral response dated April 27, 2012.
Written evidence of such shall be submitted to the Weld County Department of
Planning Services.
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3. The applicant shall submit a Lighting Plan to the Department of Planning
Services, for review and approval.
4. The applicant shall submit a Sign Plan to the Department of Planning Services,
for all facility identification signs, including location and size.
5. Upon completion of Conditions of Approval #1-5 above, the applicant shall
submit three (3) paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the paper copies, the
applicant shall submit a Mylar plat, along with all other documentation required
as Conditions of Approval. The Mylar plat shall be recorded in the office of the
Weld County Clerk and Recorder by the Department of Planning Services. The
plat shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. 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 applicant shall be responsible for paying
the recording fee.
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 be added for each additional three
month period.
7. 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.
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.
9. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a grading permit will be
required prior to the start of construction. The Grading Permit Application
must contain an Erosion and Sediment Control Plan, a Grading Plan,
installation details of all Best Management Practices (BMPs) to be
utilized, typical installation and maintenance notes for all BMPs to be
utilized, and a copy of the approved Colorado Department of Public
Health and Environment (CDPHE) Stormwater Permit.
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10. Prior to the Issuance of Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed facility
and shall be installed according to the Weld County Individual Sewage
Disposal System (I.S.D.S.) Regulations. The septic system is required to
be designed by a Colorado registered engineer according to the Weld
County I.S.D.S. Regulations.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of July, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: 'ie.e,„ e_'�'fi5 . 0. r '
Sean P. Co ay, Chair
Weld County Clerk to the Board r ; 1 CV
(J�jt (
�I. ` � Willem F. Garcia, Pro- 'em
BY:Deputy Cle A to the =oar.' p ' �..Sa 4
if
"'�•.M 1861 s� , ra Kirkmeyer�•a
APP DAS M: `� =y/
D vid E. Long
torney { 1 G1� /'
Doug* Rademacher
Date of signature: s3 ,�I 1
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KERR-MCGEE GATHERING, LLC
USR12-0023
1. A Site Specific Development Plan and Use by Special Review Permit, USR12-0023, is
for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in
the Commercial or Industrial Zone Districts (control room, carbon beds, amine units,
utility buildings, PDC buildings, dehydration units, cryogenic units, refrigeration units,
residue compressors, vessels, tanks, towers and flare stacks), provided that the property
is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior
to adoption of any regulations controlling subdivisions in the 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. The number of employees shall be limited to eight (8), as stated in the application
materials.
4. The facility will operate twenty-four (24) hours a day, seven (7) days a week.
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, blowing debris, and other potential nuisance conditions.
8. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
9. The Spill Prevention Control and Countermeasure Plan shall be available on-site, at all
times.
10. 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.
11. This facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone District as delineated in Section 14-9-30 of the Weld County Code, or
with all applicable state noise statutes and/or regulations.
12. The operation shall comply with all applicable rules, policies, and regulations of the
Colorado Oil and Gas Conservation Commission.
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13. 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.
14. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
15. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and contractors of the facility, at all times.
16. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
17. 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.
18. This application is proposing a well as its source of water. The applicant shall be made
aware that while they may be able to obtain a well permit from the Office of the State
Engineer, Division of Water Resources, the quantity of water available for usage may be
limited to specific uses, i.e. domestic use only, etc. Also, the applicant shall be made
aware that groundwater may not meet all drinking water standards as defined by the
Colorado Department of Public Health and Environment. The applicant is strongly
encouraged to test the drinking water prior to consumption and periodically test it over
time.
19. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
20. A building permit shall be obtained prior to the construction of any new structures.
Currently, the following have been adopted by Weld County: 2006 International Building
Code, 2006 International Mechanical Code, 2006 International Plumbing Code, 2006
International Fuel Gas Code, 2011 National Electrical Code and Chapter 29 of the Weld
County Code.
21. The applicant shall provide a letter of notification from the Fort Lupton Fire Protection
District prior to any new construction.
22. Effective April 25, 2011, building permits issued on the proposed lot will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
23. Effective April 25, 2011, building permits issued on the proposed lot will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee
Programs.
24. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
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25. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
26. 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.
27. Pursuant to Chapter 15, Articles I and II, of the Weld County Code, if 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. All
vegetation, other than grasses, needs to be maintained at a maximum height of 12
inches until the area is completely developed.
28. 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.
29. The historical flow patterns and runoff amounts will be maintained on the site in such a
manner that it will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to run off rate and velocity increases,
diversions, concentration and/or unplanned ponding of storm runoff.
30. The applicant is required to comply with all Colorado Department of Public Health and
Environment, Water Quality Control Division regulations regarding stormwater quality
permitting and protection and construction stormwater discharges.
31. 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.
32. 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.
33. 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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