HomeMy WebLinkAbout20093084.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT #485 FOR A NATURAL GAS COMPRESSOR STATION (AMENDED
TO INCLUDE A NEW OFFICE BUILDING AND FUTURE COMPRESSOR BUILDING) IN
THE A (AGRICULTURAL) ZONE DISTRICT - COLORADO INTERSTATE GAS
COMPANY
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 25th day
of November, 2009, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Colorado Interstate Gas Company, P.O. Box 1087, 65657 U.S.
Highway 85, Carr, Colorado 80612, for a Site Specific Development Plan and Amended Use by
Special Review Permit #485 for a Natural Gas Compressor Station (amended to include a new
office building and future compressor building) in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
Part of the N1/2 of Section 5, Township 11 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Mike Rutherford, 1388
NorthPark Drive, Lafayette, Colorado, 80026, 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
mineral development and current and future surface uses." Further,
Section 22-5-100.B (OG.Goal 2) states, "The extraction of oil and gas
resources should conserve the land and minimize the impact on
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AMENDED SPECIAL REVIEW PERMIT #485 - COLORADO INTERSTATE GAS COMPANY
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surrounding land." The request for a Site Specific Development Plan and
Amended Use by Special Review Permit #485 is for a Natural Gas
Compressor Station located on the site of an existing compressor station
which was originally approved in 1978 (under SUP -351) and later
amended under USR-485, in 1982. This proposed amendment is for the
addition of an office building and a possible future compressor building.
The amendment will also incorporate changes to the site which have
occurred since the last approval in 1982 (the Wyoming Interstate
Company Expansion Project, Cheyenne Plains Project, and Front Range
Project were completed during the period of 1997-2004).
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, more specifically described as
a Site Specific Development Plan and Amended Use by Special Review
Permit for a Natural Gas Compressor Station (amended to include a new
office building and future compressor building) 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. The proposed facility
is located on a parcel which is 117 acres in size, and utilized as a
compressor station. Existing oil and gas facilities (Kinder Morgan —
USR-1598, and Western Gas Supply Company — USR-953) are located
to the south and east of the site. No residences are located within the
vicinity of the facility. Staff has not received any phone calls or written
correspondence 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. The existing facility is not within the three-mile referral
area of a municipality.
e. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. Effective January 1, 2003, 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
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.
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
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AMENDED SPECIAL REVIEW PERMIT #485 - COLORADO INTERSTATE GAS COMPANY
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proposed use. This facility is an existing compressor facility and is
located in a non -irrigated rangeland area.
g.
Section 23-2-230.B.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 Colorado Interstate Gas Company for a Site
Specific Development Plan and Amended Use by Special Review Permit #485 for a Natural Gas
Compressor Station (amended to include a new office building and future compressor building)
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) All sheets of the plat shall be labeled AmUSR-485.
2) The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
3) The attached Development Standards.
4) The water quality features must be labeled on the plat as "Water
Quality Feature — No Build/or Storage Area".
5) A note shall be added to the plat stating: "Weld County is not
responsible for the maintenance of drainage related features."
6) A note on the plat shall be added, stating: "U.S. Highway 85 is a
limited access highway and is subject to the U.S. Highway 85
Corridor Plan for access and future upgrades."
7) Delineate all asphalt or gravel internal road sections on the plat.
8) A graphic key and/or symbol serving to identify each component
which is located within the USR boundary. The key and
corresponding component shall be summarized in tabular format
and be clearly delineated on the plat.
9) The applicant shall provide the septic permit number for each
existing septic system, and identify the location on the plat map.
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AMENDED SPECIAL REVIEW PERMIT #485 - COLORADO INTERSTATE GAS COMPANY
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B. The applicant shall submit a Dust Abatement Plan (on -site dust), for
review and approval, to the Environmental Health Services Division of the
Weld County Department of Public Health and Environment.
C. Installation of any air conditioning or air handling equipment which uses
ozone depleting refrigerants will require analysis for possible registration
in the Colorado Department of Public Health and Environment, Air
Pollution Control Division, CFC Program, as defined in Regulation No. 15
"Control of Emissions of Ozone Depleting Compounds", of the Air Quality
Control Commission. The applicant shall notify the Weld County
Department of Public Health and Environment when equipment has been
selected or purchased. Alternately, the applicant may provide evidence
that they are not subject to these requirements. Evidence of such shall
be submitted, in writing, to the Weld County Department of Planning
Services.
D. 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. Evidence of such shall be submitted,
in writing, to the Weld County Department of Planning Services. The plan
shall include, at a minimum, the following:
1) A list of the 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.
3) The waste handler and facility where the waste will be disposed of
(including the facility name, address, and phone number).
E. The applicant shall submit three (3) 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 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.
3. The Department of Planning Services respectfully requests the surveyor provide
a digital copy of this Amended 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
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AMENDED SPECIAL REVIEW PERMIT #485 - COLORADO INTERSTATE GAS COMPANY
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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 sixty (60) days from the
date of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge shall be added for each additional three (3) month period.
5. The Amended Use by Special Review activity shall not occur, nor shall any
building or electrical permits be issued on the property, until the Amended Use by
Special Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of November, A.D., 2009.
J,,','$OARD OF COUNTY COMMISSIONERS
WELDCOUNT _CQLORAD O
ATTEST:
Weld County Clerk to the Bo
/
BY
De
orney
to the Board
EXCUSED
William F. Garcia, Chair
Dou4las Rademacher, Pro-Tem
Sea P. Conway
a Kirkmeyer
David E. Long
Date of signature: t 461
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SITE SPECIFIC DEVELOPMENT PLAN
AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
COLORADO INTERSTATE GAS COMPANY
AMUSR-485
1. The Site Specific Development Plan and Amended Use by Special Review Permit #485
is for a Natural Gas Compressor Station (amended to include a new office building and
future compressor building) 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 which 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 which controls
fugitive dust, blowing debris, and other potential nuisance conditions.
6. 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.
7. The 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.
8. Adequate drinking, hand washing, and toilet facilities shall be provided for employees
and patrons of this facility, at all times.
9. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
10. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored in a
manner which 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.
11. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems (I.S.D.S.) Regulations.
12. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. The facility shall utilize the existing private water supply (well permit #96966).
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DEVELOPMENT STANDARDS - COLORADO INTERSTATE GAS COMPANY (AMUSR-485)
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13. Any vehicle or equipment washing area shall capture all effluent and prevent discharges
from the washing of vehicles or equipment in accordance with the Rules and
Regulations of the Water Quality Control Commission, and the Environmental Protection
Agency.
14. This application is proposing a well as its source of water. The applicant shall be made
aware that while it may be possible to obtain a well permit from the Office of the State
Engineer, Division of Water Resources, the quantity of water available for usage may be
limited to specific uses, i.e. domestic use only, etcetera. Also, 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 the drinking water prior to consumption, and periodically over time.
15. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
16. A plan review shall be approved, and a permit must be issued, prior to the start of
construction.
17. Buildings 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; 2008 National Electrical Code; and
Chapter 29 of the Weld County Code.
18. The office will require an engineered foundation based on a site -specific Geotechnical
Report or an open hole inspection performed by a Colorado registered engineer.
Engineered foundations shall be designed by a Colorado registered engineer.
19. Fire resistance of walls and openings, construction requirements, maximum building
height, and allowable areas will be reviewed at the plan review. Setback and offset
distances shall be determined by Chapter 23 of the Weld County Code.
20. Building height shall be measured in accordance with the 2006 International Building
Code for the purpose of determining the maximum building size and height for various
uses and types of construction, and to determine compliance with the Bulk
Requirements from Chapter 23 of the Weld County Code. Building height shall be
measured in accordance with Chapter 23 of the Weld County Code in order to determine
compliance with offset and setback requirements. When measuring buildings to
determine offset and setback requirements, buildings are measured to the farthest
projection from the building. Property lines shall be clearly identified, and all property
pins shall be staked, prior to the first site inspection.
21. All building plans shall be submitted to the Nunn Fire Protection District, for review and
approval, prior to the issuance of building permits.
22. Setback and offset distance shall be determined by the Weld County Code.
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23. 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.
24. 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.
25. The facility will comply with the approved Lighting Plan and Section 23-3-250.D.1
Lighting Standards of the Weld County Code.
26. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
27. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
28. Weld County Government personnel 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 Development Standards stated herein and all applicable Weld County regulations.
29. 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.
30. 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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