HomeMy WebLinkAbout20121707.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING THE DECISION OF THE DEPARTMENT OF
PUBLIC WORKS TO DENY AN ACCESS PERMIT - 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 has received an appeal from Kerr-McGee
Gathering, LLC, 1099 18th Street, Suite 1800, Denver, Colorado 80202, c/o Baseline Corporation,
710 11th Avenue, Suite 105, Greeley, Colorado 80631, concerning the decision by the Department
of Public Works to deny Access Permit,AP12-00229, on the following described real estate,to-wit:
Lot 2 of Minor Subdivision 9- MS-6; being part of the
NW1/4, NE1/4, and W1/2SE1/4 of Section 14,
Township 2 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, upon consideration of such appeal, including a review of all information
submitted by the appellant and the Department of Public Works, the Board deems it advisable to
dismiss the appeal of Kerr-McGee Gathering, LLC, without prejudice, with instruction to the
Department of Public Works to continue working with the applicant to try and resolve the matter prior
to the pending Use by Special Review hearing.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the appeal of Kerr-McGee Gathering, LLC, be, and hereby is, dismissed
without prejudice, with instruction to the Department of Public Works to continue working with the
applicant to try and resolve the matter prior to the pending Use by Special Review hearing.
Ct Pte, PL' 14Ppl. 2012-1707
r a -ia EG0066
APPEAL CONCERNING DECISION OF DEPARTMENT OF PUBLIC WORKS TO DENY ACCESS
PERMIT-KERR-MCGEE GATHERING,LLC
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 9th day of July,A.D.,2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
ATTEST:
Sean P.Conway,Chair
Weld County Clerk to the Board
E4 EXCUSED
��`illi-m F.Garcia,Pro-Te
Deputy Clerk to he Boarc 1861
4TP�'
::rbara Kirkmeyer
APPROVED AS TO FORM: ® 4o' CUSED
9 /� ki j avid E.Long
SI
At--t County attorney c
DouglaiRademac r
Date of signature: "1-31-I
2012-1707
EG0066
.4),,L8_61# MEMORANDUM
TO: Clerk to the Board DATE: July 2, 2012
L? r
FROM: Janet Carter, Public Works
GOuNT?
SUBJECT: Appeal of AP12-00229 Denial
The access permit AP12-00229 was denied based upon the following sections of the Weld County Code:
Section 12-2-30. E. If a new access is requested to a legal parcel where an existing access already exists,
the additional access shall not be approved unless the denial of the new access creates undue hardship on the
property owner, as determined by the Department of Public Works. Whenever multiple accesses to a single
legal parcel exist, and additional accesses are requested, one (1) or more existing accesses must be removed,
minimizing new accesses and utilizing existing accesses.
Sec. 24-8-40. C. An access is, or can be made, available that provides for safe ingress and egress to a public
road. All accesses shall be in accordance with Chapter 12, Article V of this Code, and shall endeavor to
achieve the goal of no"net increase" in the number of accesses onto adjacent County roads when accesses
already exist.
The requested access point is off of WCR 22, which is classified as an arterial roadway. WCR 22 has an AADT
of 1380 vpd with 53% trucks and an 85th percentile of 63 mph, this traffic count was taken in September 2011.
Arterial roadways have a spacing requirement of 660 feet from access points; the existing access point meets
the spacing requirement. However, the new access point does not meet the access spacing criteria.
The applicant Vince Harris a representative of Kerr-McGee Gathering LLC made a request of an additional
access point. The parcel has an existing O&G access point that was approved as a part of the recorded
exemption process (RECX12-0044) and in the Public Works comments dated April 12, 2012 stated "The
applicant shall place on the plat drawing: 30-foot access easement across Lot B for the benefit of Lot A on
case RECX12-0044." suggesting that the access point shall be shared for the two newly created lots.
The applicant then began the use by special review(USR12-0023) and was told to submit an access permit for
the additional access in the Public Works comments dated May 14, 2012 "The application proposes two
accesses to the site, an existing and a proposed new access. Please submit access photos at the proposed
accesses (looking up and down the roadway and into the site). Secondary accesses onto an arterial roadway
are not normally granted. Please contact Janet Carter, Traffic Engineer, at 970-304-6496 x3750 to discuss
possible options for closing an access in order to open the new one." The applicant submitted an access
permit June 13, 2012 and was notified of the denial on June 19, 2012.
Attached to this memo is a copy of the appeal letter from the applicant, an aerial photo of the parcel, and
copies of the public works memo for the recorded exemption and use by special review.
2012-1707
Page- 1 -of 1 July 2,2012
O:UANE \Access Handouts&Letters Appeal of API 2-00229 Denial.DOC
net Carter,Traffic orkser BASELINE
Weld County Public Works Dept.
P.O. Box 758
Greeley,CO 80632
June 27, 2012
RE: Access Permit requested on CR22 for the Anadarko Lancaster Cryogenic Plant
RECX12-0045, USR12-0024, USR12-033
Parcel ID# 130914000024
Dear Janet:
Baseline Corporation is assisting Anadarko to obtain permits for development from Weld County for the
Lancaster Cryogenic Plant on the south side of CR22 and 1.25 miles east of CR31.
Recently the Recorded Exemption RECX12-0045 was approved by the Board of County Commissioners.
The RE created 4 lots. Lot D is proposed to include the Lancaster Cryogenic Plant on 110 acres. On Lot C,6
acres, is proposed a United Power/Tri-State Sub-Station. Both projects are in process for USR's and the
Lancaster Plant (USR 12-0024) was reviewed by the Weld County Planning Commission on June 19, 2012
recommended for approval. It is scheduled to be reviewed by the BOCC on July 18. The United Power USR
for Lot C is soon to be scheduled to the Planning Commission for review.
Recently you reviewed the access permit request for an access point proposed by Anadarko on the west side
of Lot D. Existing on Lot D is an existing access drive that has been intended to remain to provide access to
the United Power Sub-Station on Lot C since sight distance further east on CR22 is not the best. You
reviewed the access permit request and have denied it.
Jay Allin and I had a discussion on the phone on June 26, 2012 with you to learn more about the process. We
hereby request that we appeal the decision to the Board of County Commissioners 9am July 9, 2012 meeting
for a review,discussion and decision.
Attached is a map showing the recently approved parcels, access needs, and the proposed two USR cases in
process for your reference.
If you have any questions,please do not hesitate to contact me.
Sincerely,
Vincent Harris, AICP
Baseline Corporation
cc. Jay AIIin, Staff Project Engineer-Anadarko
Chris Gathman, Planner III
Corporate Headquarters High Plains Rocky Mountains
Downtown Golden Downtown Gree/ey Ski Village
700 12th Street, Suite 220 710 11th Avenue,Suite 105 1815 Central Park Drive,#370
Golden, Colorado 80401 Greeley,Colorado 80631 Steamboat Springs, Colorado 80477
Ph 303.940.9966 Ph 970.353.7600 Ph 970.879.1825
Fax 303.940.9959 Fax 970.353.7601 Fax 866.242.9106
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MEMORANDUM
1861
j, r , TO: Chris Gathman, Planning Services DATE: April 4, 2012
/ L.,, ' ' FROM: Donald Carroll, Engineering Administrator
CO U r. ?_Y Public Works Department
SUBJECT: RECX12-0044, Robert Warner
The Weld County Public Works Department has reviewed this proposal. Staff comments made during this
phase of the process may not be all-inclusive, as other concerns or issues may arise during the remaining
application process. Issues of concern must be resolved with the Public Works Department. Our comments
and requirements are as follows
COMMENTS:
Weld County Functional Classification Map: (Revised Feb. 9, 2011 —Amended 10/2011)
CR 22 is an arterial road, which requires a 140-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. The applicant
shall delineate or dedicate an additional 40-foot of right-of-way parallel to the CR 22 right-of-way for full build-
out.
Section Line Access: (right-of-way) CR 35
CR 35 section line has 30 feet of right-of-way in section 14 only.
REQUIREMENTS:
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.
The applicant shall place on the plat drawing: 30-foot access easement across Lot B for the benefit of Lot A on
case RECX12-0044.
Show the approved access on the plat and label it with the approved access permit number(AP#). This will be
provided when a revised application form is received.
Flood Hazard Development Standards:
This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency
Management Agency (FEMA).
M:\PLANNING-DEVELOPMENT REVIEW\-2012 Planning Referrals\RECX12\RECX12-0044.docx
MEMORANDUM
'. `Y r TO: Chris Gathman, Planning Services DATE: May 14, 2012
COUNTY FROM: Heidi Hansen, P.E., Public Works Department
SUBJECT: USR12-0023, Kerr-McGee Gathering, LLC
A Use by Special Review permit for a cryogenic facility for the processing of natural gas
products.
The Weld County Public Works Department has reviewed this proposal. This project falls under the Use
by Special Review Standard, Weld County Code, Chapter 23, Article II, Division 4, Section 23. Staff
comments made during this phase of the Use by Special Review process may not be all-inclusive, as
other issues may arise during the remaining application process.
COMMENTS:
CR 22 is an arterial road, which requires a 140-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.
There is 60 feet of unmaintained section line right-of-way along the CR 33 section line (30 feet on either
side of the section line). Please show and label this right of way on the Plat.
The traffic memo states that there will be up to 56 vehicle trips/day with 4 roundtrip semi-trucks per day as
part of that count. The tracking control stated in the application as 100 feet of pavement plus double cattle
guards is acceptable as are the turning radiuses of 65 feet. Please show and label these items on the
Plat.
An improvements and road maintenance agreement is required for this site. Public Works will provide a
draft of the agreement after the Board of County Commissioners hearing for this project. Items to be
expected in the agreement include, but are not limited to, a proportional share of haul route maintenance
(from the site access to Hwy 85).An example Improvements Agreement is available on the County
Planning website under Application Assistance.
The application proposes two accesses to the site, an existing and a proposed new access. Please
submit access photos at the proposed accesses (looking up and down the roadway and into the site).
Secondary accesses onto an arterial roadway are not normally granted. Please contact Janet Carter,
Traffic Engineer, at 970-304-6496 x3750 to discuss possible options for closing an access in order to
open the new one.
Please show the approved access(es)on the Plat and label with the approved access permit number(will
be provided when the new access is worked out).
The applicant provided a"Sketch Plan Drainage Report"dated March 14, 2012 and signed and stamped
by Mark A Skelskey PE 39396 with Samuel Engineering.This preliminary report is acceptable. Please
submit a Final Drainage Report following the checklist available on the Public Works website prepared by
a Professional Engineer registered in the State of Colorado. Additional comments may follow when the
Final Drainage Report has been reviewed.
In the event that 1 or more acres are disturbed during the construction and development of this site, the
applicant shall obtain a stormwater discharge permit from the Water Quality Control Division of the
Colorado Department of Public Health and Environment.
M:\PLANNING-DEVELOPMENT REVIEW\-2012 Planning Referrals\USR I2\USR12-0023 Anadarko Cryogenic\USR I2-0023docx
If more than 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 BMPs to be utilized, typical installation and maintenance notes for all BMPs to be
utilized, and a copy of the approved CDPHE stormwater permit.
This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency
Management Agency(FEMA).
REQUIREMENTS:
1. There is 60 feet of unmaintained section line right-of-way along the CR 33 section line (30 feet on
either side of the section line). Please show and label this right of way on the Plat.
2. Show and label the tracking control and turning radiuses at the access point(s)on the Plat.
3. Submit access photos at the proposed accesses (looking up and down the roadway and into the
site). The Traffic Engineer will review the new access request. If you have any questions please
contact Janet Carter at 970-304-6496 x3750
4. Show the approved access(es) on the Plat and label with the approved access permit number
(will be provided).
5. An improvements and road maintenance agreement is required for this site. Public Works will
provide a draft of the agreement after the Board of County Commissioners hearing for this
project.
6. Submit a Final Drainage Report following the checklist available on the Public Works website
prepared by a Professional Engineer registered in the State of Colorado.Additional comments
may follow when the Final Drainage Report has been reviewed.
7. In the event that 1 or more acres are disturbed during the construction and development of this
site,the applicant shall obtain a stormwater discharge permit from the Water Quality Control
Division of the Colorado Department of Public Health and Environment.
8. If more than 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 BMPs to be utilized,typical installation and maintenance
notes for all BMPs to be utilized, and a copy of the approved CDPHE stormwater permit.
9. Add the following notes to the plat:
a. 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.
b. 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.
c. The applicant is required to comply with all Colorado Department of Health and
Environment, Water Quality Control Division regulations regarding storm water quality
permitting and protection and construction storm water discharges.
M:\PLANNING-DEVELOPMENT REVIEW\-2012 Planning Referrals\USR I 2\USR 12-0023 Anadarko Cryogenic\U5R 12-0023.docx
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