HomeMy WebLinkAbout20112115 • BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Robert Grand,that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: AmUSR-355
APPLICANT: Kerr McGee Gathering, LP
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Amended Use by Special Review Permit
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.
LEGAL DESCRIPTION: Lot A, AmRE-4410; Part NE4 Section 36,T4N, R66W of the 6th P.M., Weld
County, Colorado.
LOCATION: 0.5 miles South of CR 40; 0.5 miles East of CR 35.
be recommended favorably to the Board of County Commissioners 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 Planning Commission 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. 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 mineral
development and current and future surface uses." Further, 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 for a Site Specific Development Plan and an
Amended Special Review Permit for a Mineral Resource Development Facility including a
Natural Gas Processing Facility in the A(Agricultural)Zone District is the first amendment to
an existing permitted facility. The original USR was applied for by Panhandle Eastern
Pipeline Company in 1978. The application was for a natural gas processing plant and
support facilities. 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 23-2-220.A.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 23-2-220.A.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(Qil 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.
•
I1 2011-2115
• Resolution AmUSR-355
Kerr McGee Gathering, LP
Page 2
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. 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 23-2-220.A.5--The application complies with Section 23-5 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. (Ordinance 2005-8 Section 5-8-40)
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. This facility was acquired by
the Kerr-McGee Gathering 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 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that 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.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
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 build out.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. (Department of Public Works)
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&Environment. The plan
• shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this should include
• expected volumes and types of waste generated).
Resolution AmUSR-355
Kerr McGee Gathering, LP
Page 3
2) A list of the type and volume of chemicals expected to be stored on site.
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. (Department of Public Health
and Environment)
C. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
2. Upon completion of 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 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 thirty (30) 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)
3. The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Amended 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). This digital file may be sent to maps@co.weld.co.us. (Department of Planning
Services)
4. In accordance with Weld County.Code Ordinance 2005-7 approved June 1,2005, 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 3 month period.
(Department of Planning Services)
5. 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)
Motion seconded by Jason Maxey.
•
• Resolution AmUSR-355
Kerr McGee Gathering, LP
Page 4
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Erich Ehrlich
Roy Spitzer
Mark Lawley
Nick Berryman
Jason Maxey
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
• above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on July 12, 2011.
Dated the 12th of July, 2011.
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
• DEVELOPMENT STANDARDS
Kerr McGee Gathering, LP -- Hambert Facility
AMUSR-355
1. The Site Specific Development Plan and Amended Special Review Permit 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.
(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. 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 and Environment)
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, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris,and other potential nuisance conditions.(Department of
Public Health and Environment)
6. The applicant shall operate in accordance with the approved "waste handling plan" at all times.
(Department of Public Health and Environment)
• 7. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
8. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 14-9-30 of the Weld County Code, or with all applicable State noise statutes and/or
regulations. (Department of Public Health and Environment)
9. A permanent,adequate water supply shall be provided for drinking and sanitary facilities when there is
at least one full time employee located on the facility. (Department of Public Health and Environment)
10. An Individual Sewage Disposal System shall be provided when there is a t least on full time employee
stationed on site. (Department of Public Health and Environment)
11. 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 and Environment)
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(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 and
Environment)
13. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Department of Public Health and
Environment)
14. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
• and the Weld County Code. (Department of Public Health and Environment)
Resolution AmUSR-355
Kerr McGee Gathering, LP
Page 6
• 15. Building Permits are required for buildings, structures and pipe racks which require permits before the
beginning of construction. (Department of Building Inspection)
16. Buildings and structures shall conform to the requirements of the various codes adopted at the time of
permit application. 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; 2006 International Energy Conservation Code and the 2008 National
Electrical Code and Chapter 29 of the Weld County Code. (Building Inspection)
17. A letter from the Platteville-Gilcrest Fire Protection District is required prior to submittal of Building
plans for review. (Department of Building Inspection)
18. 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)
19. The applicant shall utilize the existing access road from County Road 35 via a leasehold interest,
Reception No. 2913151. (Department of Public Works)
20. The applicant is required to comply with all Colorado Oil and Gas Conservation Commission
(COGCC) rules and regulations including drill pad construction, storm water controls, and
reclamation. (Department of Public Works)
21. Effective January 1, 2003, Building Permits issued on the Lot will be required to adhere to the fee
structure of the County Road Impact Fee Program. (Department of Planning Services)
• 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.
(Ordinance 2005-8 Section 5-8-40)
23. The facility will comply with the approved Lighting Plan and Section 23-3-250.D.1 Lighting Standards
of the Weld County Code. (Department of Planning Services)
24. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code. (Department of Planning Services)
25. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code. (Department of Planning Services)
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 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. (Department of
Planning Services)
27. 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. (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. (Department of Planning
Services)
74024/
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• traffic control requirements.
Vince Harris, Baseline Corporation, 700 12th Street, Suite 220, Golden CO, stated that the proposal is for
a 12-inch gas line approximately nine miles in length. This project is also in conjunction with the next case
on the agenda that you will hear today. The gas line will begin at the Hambert Compressor Station and go
towards County Road 37 and run along the section line south.
Mr. Harris showed on a visual slide the alternate routes, in addition to the preferred route. He requested
that the preferred route be approved. He added that the other alternate routes would substantially cost
quite a bit more money. He further added that there are already existing easements and gas lines in place
along the preferred route.
Mr. Harris commented that they have met all the requirements and would like to request approval of this
request.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The Chair asked the applicant if he read through the Development Standards and Conditions of Approval and
if he is in agreement with those. The applicant replied that he is in agreement.
Jason Maxey moved that Case USR-1782 be approved, along with the Conditions of Approval and
Development Standards, seconded by Bill Hall.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Erich Ehrlich, yes; Robert Grand, yes; Bill Hall,yes;Alexander Zauder,yes;Jason Maxey, yes;
Roy Spitzer, absent; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
•
CASE NUMBER: AmUSR-355
APPLICANT: Kerr McGee Gathering, LP
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Amended Use by Special Review Permit
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.
LEGAL DESCRIPTION: Lot A, AmRE-4410; Part NE4 Section 36, T4N, R66W of the 6th P.M., Weld
County, Colorado.
LOCATION: 0.5 miles South of CR 40; 0.5 miles East of CR 35.
Kim Ogle, Planning Services, stated that the request is for a Site Specific Development Plan and Amended
Special Review Permit 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
agricultural zone district.
The original USR was applied for by Panhandle Eastern Pipeline Company in 1978. The application was for a
natural gas processing plant and support facilities. 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 producers and
customers.
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 USR's •
are in the general vicinity of this facility, including the DCP Midstream Mewbourn Plant(3rd AmUSR-542), oil
and gas support and service facility 0.5 miles to the west of the Hambert Facility. There are eleven (11)
property owners within five hundred(500)feet of this facility. The nearest residence is to the northeast of the
facility. i
C.11
The existing site is within the three-mile referral area of the Town of Gilcrest. The Town of Gilcrest did not
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• return a referral.
Ten referral agencies have reviewed this case and six offered comments, some with specific conditions that
have been incorporated into this recommendation.
There have been no letters, telephone calls or other contact received from interested parties.
The Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
Lauren Light, Environmental Health, stated that this is an unmanned site and therefore no permanent
water or sewer is required until one full time person is located on site. A Dust Abatement Plan was not
required because there is limited access; however they included a development standard which requires
them to control the dust if it becomes an issue on site. Ms. Light suggested deleting Condition of Approval
1.B since the applicant has supplied an Air Emissions Permit from 2007.
Bill Hall moved to delete Condition of Approval 1.B, seconded by Nick Berryman. Motion carried.
Heidi Hansen, Public Works, stated that County Road 35 is a local, gravel road requiring 60 feet of right-
of-way, which is currently available. The applicant is using an existing access to the property. She added
that they have no concerns with this project.
Vince Harris, Baseline Corporation, 700 12th Street, Suite 220, Golden CO, stated that this request is for
an expansion of the existing Hambert Compressor Station adding up to six (6) compressors and a 50 foot
telecommunication tower. There are already two (2) compressors on site. Mr. Harris commented that
they have met all the requirements and would like to request approval of this request.
• The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The Chair asked the applicant if he read through the amended Development Standards and Conditions of
Approval and if he is in agreement with those. The applicant replied that he is in agreement.
Robert Grand moved that Case AmUSR-355, be forwarded to the Board of County Commissioners along with
the amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Jason Maxey.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Erich Ehrlich, yes; Robert Grand, yes;Bill Hall,yes;Alexander Zauder,yes;Jason Maxey,yes;
Roy Spitzer, absent; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair called a recess at 3:30 pm and reconvened the meeting at 3:38 pm.
The Chair read the following case into record.
CASE NUMBER: USR-1781
APPLICANT: The Genesis Project of Northern Colorado
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Residential Therapeutic Center in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A RE-4372; Part NW4 of Section 6, T6N, R64W of the 6th P.M., Weld
County, Colorado.
LOCATION: East of and adjacent to CR 49; 1800 feet south of CR 74.
• Kim Ogle, Planning Services, stated that the proposed facility will be one (1) single-family residence and
several outbuildings,which is similar in size and intensity to that of the surrounding properties. The facility is a
faith based non-profit organization dedicated to developing a support system for young women and girls. The
residential facilities will consist of sleeping quarters for six (6) or seven (7) mothers and children and living
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