HomeMy WebLinkAbout20122216.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR12-0040, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY
INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY (AN
AMENDMENT TO 2ND AMUSR-468 TO ADD AN INTERMEDIATE PRESSURE
SYSTEM - TWO (2) IP COMPRESSORS, THREE (3) IP SEPARATORS, AND FOUR
(4) IP SLUG CATCHERS WITH PIPING ALONG WITH A NEW ELECTRICAL
BUILDING AND ASSOCIATED EQUIPMENT) 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 22nd day
of August, 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 1800, Denver,
Colorado 80202-1918, for a Site Specific Development Plan and Use by Special Review Permit,
USR12-0040, for a Mineral Resource Development Facility including an Oil and Gas Support
and Service Facility (an amendment to 2nd AMUSR-468 to add an intermediate pressure
system - two (2) IP compressors, three (3) IP separators, and four (4) IP slug catchers with
piping along with a new electrical building and associated equipment) in the A (Agricultural)
Zone District, on the following described real estate, being more particularly described as
follows:
Part of NW1/4 of Section 14, Township 1 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Vincent Harris, Baseline
Engineering 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.
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.
CC C, Pt) "PO 2012-2216
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1) 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."
2) 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."
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 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 23-2-230.B.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 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. P.A.T.C.H.E.S.
Estates PUD is located to the south and west of the site. Martin Brothers
Subdivision is located approximately 1/4 mile to the east. The three (3)
nearest single family residences are located to the west and northwest of
the site. The nearest residence is 350-feet from the facility. The proposed
compressors are to be located within buildings. Additionally, the
Department of Planning Services is requiring a Lighting Plan to address
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potential lighting impacts from the facility on adjacent properties and
county roads.
No phone calls or correspondence has been received from surrounding
property owners in regards to this case.
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 areas of
the City of Brighton, Town of Lochbuie, and City of Fort Lupton. No
referral responses have been received from Brighton, Lochbuie or 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.B.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 23-2-230.6.7 — 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, USR12-0040, for a Mineral Resource
Development Facility including an Oil and Gas Support and Service Facility (an amendment to
2nd AMUSR-468 to add an intermediate pressure system - two (2) IP compressors, three (3) IP
separators, and four (4) IP slug catchers with piping along with a new electrical building and
associated equipment) in the A (Agricultural) Zone District, on the parcel of land described
above be, and hereby is, granted subject to the following conditions:
1. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR12-0040.
B. The attached Development Standards.
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C. The plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code.
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
trash from being scattered by wind or animals.
E. The applicant needs to label all the sheets identifying the water quality
feature area and label it as a no-build zone.
F. Show and label the unmaintained CR (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 buildout. There is presently a 60-foot right-of-way. This
road is not 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.
G. Reference the Non-Exclusive License Agreement for CR 10 along with
the reception number.
H. The approved Sign Plan.
The approved Lighting Plan.
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 (CDHE), to
the Environmental Health Services Division of the Weld County Department of
Public Health and Environment. Alternately, the applicant can provide evidence
from the APCD that they are not subject to these requirements.
3. 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.
4. The applicant shall address the following requirements of the Department of
Public Works, as stated in their referral dated July 20, 2012:
A. 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 the unmaintained CR 10 section line right-of-way. There is
60 feet of unmaintained county right-of-way (30 feet on 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
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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 a Lighting Plan to the Department of Planning
Services for review and approval.
6. The applicant shall submit a Sign Plan to the Department of Planning Services,
for all Facility identification signs, including location and size.
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.
8. Upon completion of Conditions of Approval #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. 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.
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 three month period.
10. 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(a�co.weld.co.us.
11. 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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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of August, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:',, •r,�i 4, c
Sekn P. 'onw: , hair
Weld County Clerk to the Board
��..� William . Garcia, Pro-Tern
BY:
Deputy Cle to t f- Boarl�
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AP O T FORM: z'%�V,t'.'
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Date of signature: H
2012-2216
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KERR-MCGEE GATHERING, LLC
USR12-0040
1. A Site Specific Development Plan and Use by Special Review Permit, USR12-0040, for
a Mineral Resource Development Facility 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.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The compressors on the site operate twenty-four (24) hours a day, seven (7) days a
week, based on demand.
4. The Dougan Compressor Facility is limited to one (1)full-time employee.
5. The Dougan Compressor Facility is limited to ten (10) seasonal employees for
maintenance, repairs and monitoring.
6. 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.
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, Section 30-20-100.5, C.R.S.
8. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions.
9. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
10. The Spill Prevention, Control and Countermeasure Plan shall be available on the site, at
all times.
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.
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.
13. The operation shall comply with all applicable rules and policies regulated by the
Colorado Oil and Gas Conservation Commission.
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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.
15. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. (Well Permit 276244).
16. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
17. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
18. 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.
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 CDPHE. The applicant is strongly encouraged to test their
drinking water prior to consumption and periodically test it over time.
20. The applicant shall comply with all provisions of the State Underground and Above
Ground Storage Tank Regulations.
21. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
22. If over an acre of land will be disturbed, a Weld County Grading Permit and State
Stormwater Management Plan will be required.
23. 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.
24. Weld County is not responsible for the maintenance of drainage related features.
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 require 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 Colorado registered engineer shall be required or an open hole
inspection.
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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.
27. Provide letter of notification from the Hudson Fire Protection District prior to any new
construction.
28. 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.
29. 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.
30. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
31. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the 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
construed as, traffic control devices.
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.
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 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.
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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. 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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