HomeMy WebLinkAbout20113321 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED USE BY
SPECIAL REVIEW PERMIT, USR11-0021 (FKA AMUSR-428), FOR A MINERAL
RESOURCE DEVELOPMENT FACILITY, INCLUDING AN OIL AND GAS SUPPORT
FACILITY, AND ONE OR MORE MICROWAVE OR OTHER COMMUNICATION
TRANSMISSION OR RELAY TOWERS OVER SEVENTY (70) FEET IN HEIGHT -
120-FOOT RADIO TOWER (TO ADD EIGHT (8) ADDITIONAL COMPRESSOR UNITS
AS WELL AS TWO (2) SEPARATORS, TWO (2) SLUG CATCHERS, A BACK-UP
GENERATOR AND OTHER EQUIPMENT) AT THE EXISTING FREDERICK
COMPRESSOR STATION SITE, IN THE A (AGRICULTURAL) ZONE DISTRICT -
ANADARKO / 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 21st day
of December, 2011, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Anadarko / Kerr-McGee Gathering, LLC, 1999 18th Street, Suite
1800, Denver, Colorado 80202-1918, for a Site Specific Development Plan and Second
Amended Use by Special Review Permit, USR11-0021 (fka AmUSR-428), for a Mineral
Resource Development Facility, including an Oil and Gas Support Facility, and one or more
microwave or other communication transmission or relay towers over seventy (70) feet in height
— 120-foot Radio Tower (to add eight (8) additional compressor units as well as two (2)
separators, two (2) slug catchers, a back-up generator and other equipment) at the existing
Frederick Compressor Station site, in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Part of the NW1/4 of Section 15, Township 1 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Vincent 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.
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:
CUB PL Ike% Nl., 'Ap(\ )`AGy.AV 2011-3321
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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.
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 22-2-20.1 (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 USR amendment is proposing additional equipment and
compressors for the Frederick Compressor Station Site which was
originally approved under USR-428 and amended, in 2008, under
AMUSR-428. No additional agricultural land will be taken out of
production, as the additional equipment and buildings are located within
the improved Frederick Compressor Station site. The facility is located
immediately across the street from three existing residences. The
proposed compressors are to be located within buildings and a Noise
Abatement Plan is required to address noise generated by the additional
equipment, along with the existing facility.
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. Four (4) residential
properties are located across County Road 19, immediately to the west
and southwest of the site. An existing commercial business (USR-1330—
excavation business) is located to the north of the site. Agricultural
parcels with residences are located to the south and east. The
application indicates that the proposed compressors will be located inside
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of buildings. A noise abatement plan is required to address noise and to
ensure compatibility with adjacent properties.
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 Cities of Dacono and Fort Lupton, and the Town of Frederick. A
referral was received from Dacono indicating no conflict with its interests.
No referral responses have been received from Frederick 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 23-2-230.6.6 -- 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 Frederick 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 Anadarko / Kerr-McGee Gathering, LLC, for a
Site Specific Development Plan and Second Amended Use by Special Review Permit, USR11-
0021 (fka AmUSR-428), for a Mineral Resource Development Facility, including an Oil and Gas
Support Facility, and one or more microwave or other communication transmission or relay
towers over seventy (70) feet in height — 120-foot Radio Tower (to add eight (8) additional
compressor units as well as two (2) separators, two (2) slug catchers, a back-up generator and
other equipment) at the existing Frederick Compressor Station site, 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 USR11-0021.
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 properties and public rights-of-way. These areas
shall be designed and used in a manner that will prevent trash from being
scattered by wind or animals.
E. Label all the sheets identifying the water quality feature area and also
label it as a "No-Build Zone."
F. The approved access labeled with the approved access permit number
(AP#to be provided).
G. County Road 19 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 County
Road 19). 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.
H. The approved Landscaping 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) 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.
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 attempt to address the requirements of the Fort Lupton Fire
Protection District, as stated in the referral response dated October 31, 2011.
Written evidence of such shall be submitted to the Weld County Department of
Planning Services.
5. The applicant shall address the requirements of the Division of Water Resources,
as stated in the referral response dated October 24, 2011. Written evidence of
such shall be submitted to the Weld County Department of Planning Services.
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6. The applicant shall submit a Lighting Plan to the Department of Planning
Services, for review and approval.
7. The applicant shall submit a Sign Plan, to the Department of Planning Services,
for all facility identification signs, including location and size. Said plan shall also
address posting of signage with the 24-hour complaint hotline number.
8. The applicant shall submit a Noise Abatement Plan for review by the Department
of Planning Services. The Noise Abatement Plan shall be approved prior to
recording the plat.
9. Upon completion of Conditions of Approval #1 through #7 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 sixty (60) days from the date of the Board
of County Commissioners Resolution. The applicant shall be responsible for
paying the recording fee.
10. In accordance with Weld County Code Ordinance #2006-7, approved June 1,
2006, should the plat not be recorded within the required sixty (60) 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.
11. 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.
12. The Second Amended Use by Special Review activity shall not occur, nor shall
any building or electrical permits be issued on the property, until the Second
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 21st day of December, A.D., 2011.
BOARD OF COUNTY OMMISSIONERS
WELD COUNTY, CO RADO
ATTEST: S`iG1L �1LErr/,�-
' ^� Barbara Kirkmeyer Chair /
Weld County Clerk to the Board
A ��al."'"%SeannPPP.. Coo (ay, Pro-TemA.
BY: •: 711,v�n3 � ) 1�_
Deputy C rk to the Boartl .u, I Al
,�11361 I' ' a 1 F. Garcia
;�:� r�
AP ,I F• M: �r it "�
%®��Ate—n,
J
'avid E. Long
`
my Attorney � r
Dougl Rademache
Date of signature: I -3l -/
2011-3321
PL1493
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ANADARKO / KERR-MCGEE GATHERING, LLC
USR11-0027
1. A Site Specific Development Plan and Second Amended Use by Special Review Permit,
USR11-0021 (fka AmUSR-428), is for a Mineral Resource Development Facility,
including an Oil and Gas Support Facility, and one or more microwave or other
communication transmission or relay towers over seventy (70) feet in height — 120-foot
Radio Tower (to add eight (8) additional compressor units as well as two (2) separators,
two (2) slug catchers, a back-up generator and other equipment) at the existing
Frederick Compressor Station site, 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 on-site employees shall be limited to eleven (11).
4. The facility operates 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 the 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. The operation shall comply with all applicable State noise statutes and/or regulations
and the Noise Abatement Plan submitted in response to the Condition set forth above.
12. The operation shall comply with all applicable rules and policies regulated by 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 and volatile organic compounds. 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, at all times.
15. Adequate drinking, hand washing, and toilet facilities shall be provided for employees
and patrons 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 (CDPH&E), Water Quality
Control Division, as applicable.
18. This application is utilizing a well as its source of water (Well Permit #115364). 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 their 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. Should 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.
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 runoff rate and velocity increases,
diversions, concentration, and/or unplanned ponding of storm runoff.
30. The applicant shall post signage advising the public of a 24-hour complaint hotline
number.
31. The landscaping shall be maintained in accordance with the approved Landscaping
Plan.
32. The Second 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.
33. 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.
34. 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.
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