HomeMy WebLinkAbout20122218.tiff LAND USE APPLICATION
SUMMARY SHEET
Planner: C. Gathman
Case Number: USR12-0040 Hearing Date: August 7, 2012
Applicant: Kerr-McGee Gathering LLC C/O Trisha Phillips
Request: A Site Specific Development Plan and Amended Use by Special Review Permit for a
Mineral resource development facilities including: an Oil and Gas Support and Service
Facility (an amendment to 2nd AMUSR-468 to add an intermediate pressure (IP)
system - 2 IP Compressors, 3 IP Separators, and 4 IP slug catchers with piping along
with a new electrical building and associated equipment) in the A (Agricultural) Zone
District.
Legal Description: Part of the NW4 of Section 14 Ti N R66W of the 6th PM, Weld County, Colorado
Location: South of and adjacent to County Road 10 and approximately 1.25 miles east of
County Road 31.
Size of Parcel: +/-40.11 Acres
Parcel Number: 147114000012
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received responses from the following agencies:
Without Comments:
Weld County Zoning Compliance, referral received 6/20/2012
Division of Water Resources, referral received 6/27/2012
With Comments:
Weld County Department of Public Works, referral received 7/20/2012
Weld County Department of Public Health & Environment, referral received 7/26/2012
Weld County Department of Building Inspection, referral received 7/5/2012
The following agencies have not responded:
Office of Emergency Management
Sheriffs Office
City of Fort Lupton
Town of Lochbuie
City of Brighton
Colorado Oil and Gas Conservation Commission
Colorado Parks and Wildlife
USR12-0040, Kerr-McGee Gathering, LLC Page 1
Hudson Fire Protection District
Platte Valley Soil Conservation District
USR12-0040, Kerr-McGee Gathering, LLC Page 2
8 1 SPECIAL REVIEW PERMIT
� R' - ADMINISTRATIVE REVIEW
Planner: C. Gathman
Case Number: USR12-0040 Hearing Date: August 7, 2012
Applicant: Kerr-McGee Gathering LLC C/O Trisha Phillips
Request: A Site Specific Development Plan and Amended Use by Special Review Permit for a
Mineral resource development facilities including: an Oil and Gas Support and Service
Facility (an amendment to 2nd AMUSR-468 to add an intermediate pressure (IP)
system - 2 IP Compressors, 3 IP Separators, and 4 IP slug catchers with piping along
with a new electrical building and associated equipment) in the A (Agricultural) Zone
District.
Legal Description: Part of the NW4 of Section 14 Ti N R66W of the 6th PM, Weld County, Colorado
Location: South of and adjacent to County Road 10 and approximately 1.25 miles east of
County Road 31.
Size of Parcel: +/-40.11 Acres
Parcel Number: 147114000012
Case Summary: This site has an existing 2n° Amended USR (2"° AMUSR-468). The original USR (USR-
468) was approved by the Board of County Commissioners on August 26, 1981 for three (3) 4,000
horsepower compressor units. An amendment to USR-428 was approved by the Board of County
Commissioners on September 15, 1993 to add a 400-foot guyed microwave tower to the site. The 2n°
amendment to USR-468 was approved February 27, 2008 to address additional equipment added to the
site since AMUSR-468 was approved and to address the one or more communication towers over 70-feet
proposed for the facility. This second amendment proposes to add an intermediate pressure system - 2 IP
Compressors, 3 IP Separators, and 4 IP slug catchers with piping along with a new electrical building and
associated equipment. The site/existing buildings and equipment are presently enclosed by a chain-link
fence.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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 Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
USR12-0040, Kerr-McGee Gathering, LLC Page 3
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."
Section 22-2-20 I. A.Goal 9. States: "Reduce potential conflicts between varying land
uses in the conversion of traditional agricultural lands to other land uses."
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."
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 USR amendment is proposing additional equipment and compressors for the
Frederick Compressor Station Site which was originally approved under USR-468 in
1981 and that has been subsequently amended in 1993 and in 2008. No additional
agricultural land will be taken out of production as the additional equipment and buildings
are located within the improved Dougan Compressor Station site. The facility is to the
west/southwest of three (3) existing residences. The nearest residence is approximately
350-feet from the facility. The proposed compressors are to be located within buildings
and a lighting plan is required.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the Agricultural
(A) 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 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
No phone calls or correspondence has been received from surrounding property owners
in regards to this case.
D. Section 23-2-220.A.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 3-mile referral areas of the City of
Brighton, Town of Lochbuie, and City of Fort Lupton. No referral responses have been
received from Brighton, Lochbuie and Fort Lupton.
E. Section 23-2-220.A.5 -- The application complies with Article V of the Weld County Code.
The existing site is within the County Road Impact Fee Area and the Capital Expansion
Impact Fee area.
Effective April 25, 2011, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-
2)
Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee.
(Ordinance 2011-2)
USR12-0040, Kerr-McGee Gathering, LLC Page 4
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use. No additional land
will be taken out of production. The additional equipment and buildings are proposed to
be located on the existing Dougan compressor station site.
G. Section 23-2-220.A.7 —There are adequate provisions for the protection of health, safety,
and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
1. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR12-0040 (Department of Planning
Services)
B. The attached Development Standards. (Department of Planning Services)
C. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
D. 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 wind or animal scattered trash. (Department of
Planning Services)
E. The applicant needs to label all the sheets identifying the water quality feature
area and also label it as a no-build zone. (Department of Public Works)
F. Show and label the unmaintained County Road 10 as section line right-of-way.
CR 10 is a local gravel road and requires a 60-foot right-of-way at full build out.
There is presently a 60-foot right-of-way. This road is maintained by Weld
County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-
90), the required setback is measured from the future right-of-way line.
(Department of Public Works)
G. Reference the Non-Exclusive License Agreement for County Road 10 along with
the reception number. (Department of Public Works)
H. The approved Sign Plan. (Department of Planning Services)
The approved Lighting Plan. (Department of Planning Services)
2. 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 Environmental Health Services Division of the Weld County Department of
Public Health & Environment. Alternately, the applicant can provide evidence from the APCD that
they are not subject to these requirements. (Department of Public Health & Environment)
3. A signed copy of the Spill Prevention, Control and Countermeasure Plan shall be provided to
Environmental Health Services Division of the Weld County Department of Public Health &
Environment. (Department of Public Health & Environment)
4. The applicant shall address the following requirements of the Department of Public Works as
stated in their referral dated July 20, 2012:
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A Nonexclusive License Agreement is required for use of the unmaintained County Right-of-Way
along the CR 10 section line. The access is from unmaintained CR 10 section line right-of-way.
There is 60 feet of unmaintained County right-of-way (30 feet either side of the section line) along
the CR 10 section line. It appears that the access roadway is within this right-of-way. The
applicant will need to enter into a Non-Exclusive License Agreement with the County to utilize this
right-of-way for access. The Non-Exclusive License Agreement states that the County will not
maintain or upgrade the access and that the applicant is aware that their use is not exclusive.
5. The applicant shall submit to the Department of Planning Services with a Lighting Plan for review
and approval. (Department of Planning Services)
6. The applicant shall submit a Sign Plan to the Department of Planning Services, for all Facility
identification signs, including location and size. (Department of Planning Services)
7. The applicant shall attempt to address the requirements/recommendations of the City of Fort
Lupton as stated in their referral dated July 18, 2012. Written evidence of such shall be provided
to the Department of Planning Services. (Department of Planning Services)
8. Upon completion of 1-7 above the applicant shall submit three (3) paper copies of the plat for
preliminary approval to the Weld County Department of Planning Services. The Mylar plat shall
be recorded in the office of the Weld County Clerk and Recorder by Department of Planning
Services' Staff. 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. (Department of
Planning Services)
9. In accordance with Weld County Code Ordinance 2012-3 approved April 30, 2012, should the
plat not be recorded within the required one-hundred (120) days from the date the Use by Special
Review Permit was approved by the Board of County Commissioners a $50.00 recording
continuance charge may be added for each additional 3 month period.. (Department of Planning
Services)
10. The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files
format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable).
Thisdigitalfilemaybesenttomaps@co.weld.co.us. (Department of Planning Services)
11. The Special Review activity shall not occur nor shall any building or electrical permits be issued
on the property until the Special Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder. (Department of Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Kerr-McGee Gathering, LLC
USR12-0040
1. A Site Specific Development Plan and Amended Use by Special Review Permit for a Mineral
resource development facilities including: an Oil and Gas Support and Service Facility (an
amendment to 2nd AMUSR-468 to add an intermediate pressure (IP) system - 2 IP Compressors,
USR12-0040, Kerr-McGee Gathering, LLC Page 6
3 IP Separators, and 4 IP slug catchers with piping along with a new electrical building and
associated equipment) in the A (Agricultural) Zone District. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The compressors on site operate twenty-four (24) hours a day, seven (7) days a week based on
demand. (Department of Planning Services)
4. The Dougan Compressor Facility is limited to one (1)full-time employee. (Department of Planning
Services)
5. The Dougan Compressor Facility is limited to ten (10) seasonal employees for maintenance,
repairs and monitoring. (Department of Planning Services)
6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health &
Environment)
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, 30-20-100.5, C.R.S., as amended. (Department of Public Health
& Environment)
8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Department of Public Health &
Environment)
9. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health & Environment)
10. The Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times.
(Department of Public Health & Environment)
11. 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. (Department of
Public Health & Environment)
12. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone
as delineated in Section 14-9-30 of the Weld County Code, or with all applicable State noise
statutes and/or regulations. (Department of Public Health & Environment)
13. The operation shall comply with all applicable rules and policies regulated by the Colorado Oil
and Gas Conservation Commission. (Department of Public Health & Environment)
14. 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. (Department of Public Health
& Environment)
15. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (well
permit 276244). (Department of Public Health & Environment)
16. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons
of the facility, at all times. (Department of Public Health & Environment)
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17. Any septic system located on the property must comply with all provisions of the Weld County
Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health &
Environment)
18. The applicant shall obtain a Colorado Discharge Permit System/CDPS permit from the Colorado
Department of Public Health and Environment (CDPH&E), Water Quality Control Division, as
applicable. (Department of Public Health & Environment)
19. This application is utilizing a well as its source of water (Well Permit #276244). The applicant
should be made aware that groundwater may not meet all drinking water standards as defined by
the Colorado Department of Public Health and Environment. We strongly encourage the
applicant to test their drinking water prior to consumption and periodically test it over time.
(Department of Public Health & Environment)
20. The applicant shall comply with all provisions of the State Underground and Above Ground
Storage Tank Regulations. (Department of Public Health and Environment)
21. The operation shall comply with all applicable rules and regulations of State and Federal
agencies and the Weld County Code. (Department of Public Health and Environment)
22. If over an acre of land will be disturbed a Weld County Grading Permit and State Storm water
Management Plan will be required. (Department of Public Works)
23. The historical flow patterns and run-off amounts will be maintained on 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 run-off. (Department of Public Works)
24. Weld County is not responsible for the maintenance of drainage related features. (Department of
Public Works)
25. A building permit will be required for any new construction, alteration, or addition to any buildings
and or equipment on the property. All buildings required that a code analysis be done on the
project by a design professional with experience in this area. A building permit application must
be completed and two complete sets of engineered plans including engineered foundation plans
bearing the wet stamp of a Colorado registered architect or engineer must be submitted for
review. A geotechnical engineering report performed by a registered State of Colorado engineer
shall be required or a open hole inspection. (Department of Building Inspection)
26. A building permit shall be obtained prior to the construction of any new structures. Currently the
following has been adopted by Weld County: 2006 International Building Code; 2006 International
Mechanical Code; 2006 International Plumbing Code; 2006 International Fuel Gas Code; and the
2011 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building
Inspection)
27. Provide letter of notification from the Hudson Fire Protection District prior to any new construction.
(Department of Building Inspection)
28. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
29. Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to adhere
to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2)
30. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
USR12-0040, Kerr-McGee Gathering, LLC Page 8
31. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code.
32. 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 constructed as traffic control devices. (Department of
Planning Services)
33. 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, pursuant to Chapter 15, Articles I and II of
the Weld County Code. (Department of Public Works)
34. 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.
35. The 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.
36. 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.
37. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town. Along with the drawbacks come the
incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness,
wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without
neighboring farms, those features which attract urban dwellers to rural Weld County would quickly
be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor
from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes;
hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of
pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice
for agricultural producers to utilize an accumulation of agricultural machinery and supplies to
assist in their agricultural operations. A concentration of miscellaneous agricultural materials
often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-
102, C.R.S., provides that an agricultural operation shall not be found to be a public or private
nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that
are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
USR12-0040, Kerr-McGee Gathering, LLC Page 9
development. When moving to the County, property owners and residents must realize they
cannot take water from irrigation ditches, lakes, or other structures, unless they have an
adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size
(twice the size of the State of Delaware) with more than three thousand seven hundred (3,700)
miles of state and County roads outside of municipalities. The sheer magnitude of the area to be
served stretches available resources. Law enforcement is based on responses to complaints
more than on patrols of the County, and the distances which must be traveled may delay all
emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually
provided by volunteers who must leave their jobs and families to respond to emergencies.
County gravel roads, no matter how often they are bladed, will not provide the same kind of
surface expected from a paved road. Snow removal priorities mean that roads from subdivisions
to arterials may not be cleared for several days after a major snowstorm. Services in rural areas,
in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be
more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting.
Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps
and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs
and livestock, and open burning present real threats. Controlling children's activities is important,
not only for their safety, but also for the protection of the farmer's livelihood.
USR12-0040, Kerr-McGee Gathering, LLC Page 10
FIELD CHECK inspection dates: 7/27/2012
APPLICANT: Kerr-McGee Gathering LLC
CASE #: USR12-0040
REQUEST: A Site Specific Development Plan and Amended Use by Special Review Permit for a Mineral
resource development facilities including: an Oil and Gas Support and Service Facility (an
amendment to 2nd AMUSR-468 to add an intermediate pressure (IP) system - 2 IP
Compressors, 3 IP Separators,and 4 IP slug catchers with piping along with a new electrical
building and associated equipment) in the A (Agricultural) Zone District.
LEGAL: Part of the NW4 of Section 14 T1 N R66W of the 6th PM, Weld County, Colorado.
LOCATION: South of and adjacent to County Road 10 and approximately 1.25 miles east of County
Road 31.
PARCEL ID #: 147114000012
ACRES: +/- acres
Zoning Land Use
N A N Single Family residence to NW. Ag to the North.
E A E Vacant land (AG)
S A S Vacant land (AG)
W A W Single Family Residence.
COMMENTS:
Existing USR site (existing compressor station improvements and communication tower on the property).
Chris Gathman - Planner III
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