HomeMy WebLinkAbout20112114 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY
SPECIAL REVIEW PERMIT #355 FOR A MINERAL RESOURCE DEVELOPMENT
FACILITY, INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY
(NATURAL GAS PROCESSING FACILITY) AND A FIFTY (50) FOOT TALL
TELECOMMUNICATION ANTENNA 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 3rd day of
August, 2011, 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, 1999 Broadway, Suite 3700, Denver,
Colorado 80202, for a Site Specific Development Plan and Amended Use by Special Review
Permit#355 for a Mineral Resource Development Facility, including an Oil and Gas Support and
Service Facility (natural gas processing facility) and a fifty (50) foot tall Telecommunication
Antenna Tower in the A (Agricultural) Zone District, on the following described real estate, being
more particularly described as follows:
Lot A of Amended Recorded Exemption #4410;
being part of the NE1/4 of Section 36, Township 4
North, Range 66 West of the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing, the applicant was represented by Vince Harris of Baseline
Engineering, 710 11th Avenue, Suite 105, Greeley, Colorado 80631, 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 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
Section 22-5-100.A (OG.Goal 1) states, "Oil and gas exploration and
production should occur in a manner which minimizes the impact to
agricultural uses and the environment and reduces the conflicts between
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mineral development and current and future surface uses." Additionally,
Section 22-5-100.6 (OG.Goal 2) states, "The extraction of oil and gas
resources should conserve the land and minimize the impact on
surrounding land." The request is the first amendment to an existing
permitted facility. The original USR was applied for by Panhandle
Eastern Pipeline Company, in 1978, for a Natural Gas Processing Plant
and Support Facility. This amendment is for an expansion of the current
facility, necessitated by the need to move larger volumes of gas and
enhance safety of the facility due to the recent increases in drilling activity
and projected additional increases by Kerr McGee Gathering, LP,
producer customers.
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 Oil and Gas Support and Service 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. The property slopes
gradually to the east, with no significant topographical change. This land
and surrounding lands in each direction are in agricultural production, with
numerous oil and gas facilities present to the north and east. To the north
of the facility is the Platte Valley Canal. Several USRs are in the general
vicinity of this facility, including the DCP Midstream Mewbourn plant,
3rdAmUSR-542, Oil and Gas Support and Service Facility (oil and gas
processing facility) 0.5 miles to the west of the Hambert facility. There
are eleven (11) property owners within five hundred feet of this facility.
The nearest residence is to the northeast of the 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. The existing site is within the three-mile referral area of
the Town of Gilcrest. The Town of Gilcrest did not return a referral.
e. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, 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. The existing site is within the County-Wide
Road Impact Fee Area. Effective January 1, 2003, building permits
issued on the lot will be required to adhere to the County-Wide Road
Impact Fee Program. Effective August 1, 2005, building permits issued
on the subject site will be required to adhere to the fee structure of the
Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
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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 facility was acquired by Kerr-McGee Gathering, LLC,
in 1978. Previous to this acquisition, the facility was permitted and
operated by Panhandle Eastern Pipeline Company. The existing facility
and proposed expansion are sited on lands that are not designated as
"Prime" on the Important Farmlands of Weld County Map, dated 1979.
g. Section 23-2-230.8.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the Weld
County Code), Conditions of Approval, and Development Standards
ensure that 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 Amended Use by Special Review Permit #355 for a Mineral Resource
Development Facility, including an Oil and Gas Support and Service Facility (natural gas
processing facility) and a fifty (50) foot tall Telecommunication Antenna 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) County Road 35 is designated on the Weld County Road
Classification Plan as a local road, which requires 60 feet of
right-of-way at full buildout. The applicant shall verify the existing
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 future right-of-way. If the right-of-way
cannot be verified, it shall be dedicated. This road is maintained
by Weld County.
B. 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) A list of wastes which are expected to be generated on the site
(this should include expected volumes and types of waste
generated).
2) A list of the type and volume of chemicals expected to be stored
on the site.
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3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
C. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. Upon completion of Condition of Approval #1 above, 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 thirty
(30) days from the date of the Board of County Commissioners Resolution. The
applicant shall be responsible for paying the recording fee.
3. 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.
4. In accordance with Weld County Code Ordinance #2005-7, approved June 1,
2005, should the plat not be recorded within the required thirty (30) days from the
date of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge shall be added for each additional three (3) month period.
5. The Amended Use by Special Review activity shall not occur, nor shall any
building or electrical permits be issued on the property, until the Amended 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 3rd day of August, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: .X 4 A
��*�� rb1ara Kirkmeyer, air
Weld County Clerk to the v .y ,
1 ( ..��. � Sean P. Co Pro-Tern
Deputy C e k to the B.! t'��1 `�� •'
BY: UH�Firti Wil F. Garcia
APP VED A RM:
',. David . Lo
Count y Attorney c C
ugly ademach r
Date of signature: _/ 9-/1
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KERR-MCGEE GATHERING, LLC
AMUSR#355
1. The Site Specific Development Plan and Amended Use by Special Review Permit #355
is for a Mineral Resource Development Facility, including an Oil and Gas Support and
Service Facility (natural gas processing facility) 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, fugitive particulate emissions, 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 shall be controlled on this site.
8. 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.
9. A permanent, adequate water supply shall be provided for drinking and sanitary facilities
when there is at least one (1) full time employee located on the facility.
10. An Individual Sewage Disposal System (I.S.D.S.) shall be provided when there is at
least one (1) full time employee stationed on the site.
11. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
12. All potentially hazardous chemicals must be stored and handled in a safe manner in
accordance with product labeling, and in a manner that minimizes the release of
hazardous air pollutants and volatile organic compounds. All chemicals must be stored
secure, on an impervious surface, and in accordance with manufacturer's
recommendations.
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13. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
14. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
15. Prior to construction, the applicant shall obtain the necessary building permits for
buildings, structures, and pipe racks.
16. 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: 2006 International Building Code; 2006 International Mechanical Code; 2006
International Plumbing Code; 2006 International Fuel Gas Code; 2006 International
Energy Conservation Code, 2008 National Electrical Code, and Chapter 29 of the Weld
County Code.
17. A letter from the Platteville-Gilcrest Fire Protection District is required prior to submittal of
building plans for review.
18. 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 runoff rate and velocity increases,
diversions, concentration, and/or unplanned ponding of storm runoff.
19. The applicant shall utilize the existing access road from County Road 35, via a leasehold
interest, Reception No. 2913151.
20. The applicant is required to comply with all Colorado Oil and Gas Conservation
Commission (COGCC) rules and regulations, including drill pad construction, stormwater
controls, and reclamation.
21. Effective January 1, 2003, building permits issued on the lot will be required to adhere to
the fee structure of the County-Wide Road Impact Fee Program.
22. Effective August 1, 2005, building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
23. The facility will comply with the approved Lighting Plan and Section 23-3-250.D.1,
Lighting Standards, of the Weld County Code.
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.
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. 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
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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.
27. The Amended 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.
28. 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.
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