HomeMy WebLinkAbout20080469.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED USE BY
SPECIAL REVIEW PERMIT #468 FOR A MINERAL RESOURCE DEVELOPMENT
FACILITY, INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY
(NATURAL GAS PROCESSING FACILITY), AND ONE OR MORE MICROWAVE OR
OTHER COMMUNICATION TRANSMISSION OR RELAY TOWERS OVER SEVENTY(70)
FEET IN HEIGHT 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 27th day of
February, 2008, 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 Second Amended Use by Special Review
Permit#468 for a Mineral Resource Development Facility, including an Oil and Gas Support and
Service Facility (natural gas processing facility), and one or more microwave or other
communication transmission or relay towers over seventy(70)feet in height 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 14, Township 1 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Patrick Groom, 822 7th Street, Suite 760,
Greeley, Colorado 80631, at said hearing, 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." 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 surrounding
land." The request is an amendment to an existing permit. SUP #468 for
the Natural Gas Processing Facility, identified as the Dougan Gas
Processing Plant,was approved by the Board of County Commissioners on
August 26, 1981, for Panhandle Eastern Pipeline Company. AmUSR#468
for the Natural Gas Processing Facility, identified as the Dougan Gas
Processing Plant, and a 400-foot guyed microwave tower,was approved by
the Board of County Commissioners on September 15, 1993, for KN Front
Range Gathering Company. This application addresses the current on-site
conditions, and serves as a baseline for future improvements to the site.
Upgrades to the facility addressed through this application are for on-going
modernization of the equipment over time. Further,the new application was
required by the Department of Planning Services due to a change in
ownership of the facility and previous modifications to the facility. Finally,
in addition to the criteria for addressing the on-site conditions, the
amendment addresses the one or more communication transmission or
relay towers over seventy (70) feet in height proposed for this facility.
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 a Mineral Resource Development Facility, including an Oil and
Gas Support and Service Facility(natural gas processing facility), and one
or more microwave or other communication transmission or relay towers
over seventy (70) feet in height, 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. Agricultural high plains grasslands
are prevalent to the north,south,and east,and several residential structures
are generally located within 1,000 feet of the facility. One residence is
adjacent to the west, atop a land formation known as the Smith Mounds.
There are eight property owners within five hundred(500)feet of this facility.
Staff did receive one letter and a telephone call of inquiry. Should concerns
be raised, the Conditions of Approval and Development Standards ensure
that there are adequate provisions in place to address the concerns of
adjacent and surrounding property owners.
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 Cities of Fort
Lupton and Brighton, and the Towns of Hudson and Lochbuie. The City of
Fort Lupton, in the referral dated November 28, 2007, and the Town of
Hudson, in the referral dated November 14, 2007, each indicated no
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conflicts with their interests. The City of Brighton and Town of Lochbuie did
not return a referral response.
e. Section 23-2-230.6.5--The application complies with Chapter 23,Article V,
of the Weld County Code. The existing site is within the County-Wide Road
Impact Fee Area, as well as the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs Areas. Effective January 1,
2003,building permits issued on the proposed lots 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 proposed
use. This facility was acquired by Kerr-McGee Gathering, LLC, in 1993.
Previous to this acquisition, the facility was permitted and operated by the
Panhandle Eastern Pipe Line Company.
g. Section 23-2-230.6.7 -- 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 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 Second Amended Use by Special Review Permit #468 for a Mineral
Resource Development Facility, including an Oil and Gas Support and Service Facility(natural gas
processing facility), and one or more microwave or other communication transmission or relay
towers over seventy (70) feet in height 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) The plat shall be prepared in accordance with Section 23-2-260.D of
the Weld County Code.
2) All Sheets of the plat shall be labeled 2nd AmUSR-468.
3) The attached Development Standards.
4) The approved Screening Plan, to address the outdoor storage of
materials associated with this facility, which shall be screened from
adjacent properties and all public rights-of-way.
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5) The approved Sign Plan for all facility identification signs.
6) County Road 10 is designated on the Weld County Road
Classification Plan as a section line road. There is presently 60 feet
of right-of-way. All setbacks shall be measured from the edge of
future right-of-way. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way. This
section of road is not maintained by Weld County.
7) The screened trash enclosure for the facility, complying with the
Weld County Code.
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) Additional parking near, or next to, the communications tower, to
accommodate pick-up trucks, utility trucks, and other similar utility
service vehicles. The minimum number of parking spaces shall be
ten (10).
B. 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. Alternately, the applicant may provide evidence from the
APCD that they are not subject to these requirements. Written evidence of
approval shall be submitted to the Department of Planning Services.
C. The Environmental Health Services Division of the Department of Public
Health and Environment was unable to locate a septic permit for the septic
system serving the existing compressor station. The septic system shall be
reviewed by a Colorado registered professional engineer. The review shall
consist of observation of the system and a technical review describing the
system's ability to handle the proposed hydraulic load. The review shall be
submitted to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. In the event the system is
found to be inadequately sized or constructed, the system shall be brought
into compliance with current regulations.
D. The applicant shall submit a Dust Abatement Plan, for review and approval,
to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. Written evidence of
approval shall be submitted to the Department of Planning Services.
E. The applicant shall provide written and graphic evidence,to the Department
of Planning Services, indicating that the proposed tower is appropriately
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marked and lighted, in accordance with Code 14 of Federal Regulations,
part 77 pursuant to 49 U.S.C., Section 44718.
F. The applicant shall address the concerns of the Department of Public
Works, as outlined in the referral dated December 7, 2007. The circulation
lanes, including the facility access,truck parking,and loading facilities, shall
be adequately graveled,and shall be graded to prevent drainage problems.
Written evidence of approval by the Department of Public Works shall be
submitted, in writing, to the Weld County Department of Planning Services.
G. The applicant shall submit a Screening Plan, to the Department of Planning
Services, to address the outdoor storage of materials associated with this
facility, which shall be screened from adjacent properties and public
rights-of-way.
H. The applicant shall submit an on-site Lighting Plan, to the Department of
Planning Services,for all facility light standards, indicating location and size.
The applicant shall submit a Sign Plan, to the Department of Planning
Services, for all facility identification signs, indicating location and size.
J. The applicant shall submit a Nonexclusive License Agreement to the
Department of Public Works, to be approved by the Board of County
Commissioners,for the upgrade and maintenance of Weld County Road 10
right-of-way, east of County Road 33.
K. The applicant shall submit two (2) paper copies of the plat, for preliminary
approval, to the Weld County Department of Planning Services.
2. One month prior to construction activities:
A. A Stormwater Discharge Permit may be required for a development/
redevelopment/construction site where a contiguous or non-contiguous land
disturbance is greater than, or equal to, one acre in area. The applicant
shall contact the Water Quality Control Division of the Colorado Department
of Public Health and Environment atwww.cdphe.state.co.us/wq/PermitsUnit,
for more information. Written evidence of approval shall be submitted to the
Department of Planning Services.
3. Upon completion of Condition of Approval #1, 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.
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4. The Department of Planning Services respectfully requests the surveyor provide a
digital copy of the Second Amended Use by Special Review plat(s). 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.
5. 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.
6. 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.
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 27th day of February, A.D., 2008.
y--..� BOARD OF COUNTY COMMISSIONERS
NWELD COUNTY, COLORADO
Jt4
ATTEST:
c 2 I' m H. Jerke, Chair
Weld County Clerk to the B r ':1
,vf2obeg D. M ,e ,1(ro-Tem
De u Cler o the Board
William F. Garcia
APPROD A EXCUSED
David E. Long
unty Attorney
Douglas adema er
Date of signature: a
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SITE SPECIFIC DEVELOPMENT PLAN
SECOND AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KERR-MCGEE GATHERING, LLC
(DOUGAN COMPRESSOR STATION)
2NDAMUSR#468
1. The request for a Site Specific Development Plan and Second Amended Use by Special
Review Permit#468 is for a Mineral Resource Development Facility, including an Oil and
Gas Support and Service Facility (natural gas processing facility), and one or more
microwave or other communication transmission or relay towers over seventy(70)feet in
height 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. 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 operation shall comply with all applicable State noise statutes and/or regulations.
8. Adequate hand washing and toilet facilities shall be provided for employees and visitors of
the site.
9. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
10. Sewage disposal for the facility shall be by septic system. Any septic system located on
the property must comply with all provisions of the Weld County Code, pertaining to
Individual Sewage Disposal System (I.S.D.S.) Regulations.
11. 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.
12. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
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13. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
14. The applicant is required to comply with all Colorado Department of Public Health and
Environment regulations regarding berming and spill prevention for materials and liquids
stored on the site.
15. The applicant is required to complywith all Colorado Oil and Gas Conservation Commission
(COGCC) rules and regulations, including drill pad construction, stormwater controls, and
reclamation.
16. The applicant is required to comply with all Colorado Department of Public Health and
Environment, Water Quality Control Division, regulations regarding stormwater quality,
permitting, and protection, and construction stormwater discharges.
17. The operation shall comply with all applicable rules and regulations of the Federal
Communication Commission (FCC).
18. The operation shall comply with all applicable rules and regulations of the Federal Aviation
Administration (FAA).
19. A building permit shall be obtained prior to the construction or placement of any structure.
An electrical permit will be required for any electrical service to equipment. A plot plan shall
be submitted when applying for building permits, showing all structures with accurate
distances between structures, and from structures to all property lines.
20. A plan review is required for each building for which a building permit is required. Plans
shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets
of plans are required when applying for each permit.
21. New construction 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, 2005 National Electrical Code, 2006 International Fuel Gas Code, and
Chapter 29 of the Weld County Code.
22. Each structure set on a foundation 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.
23. 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.
24. Building height shall be measured in accordance with the 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
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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. Offset and setback requirements are measured to the farthest projection
from the building.
25. The applicant shall provide a letter of approval from the Hudson Fire Protection District,
prior to setting any equipment or structures.
26. 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.
27. 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.
28. The facility operates twenty-four (24) hours per day, seven (7) days a week.
29. The Dougan Compressor Facility is limited to one (1)full-time employee.
30. The Dougan Compressor Facility is limited to up to ten (10) seasonal employees for
maintenance, repairs, and monitoring.
31. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
32. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
33. 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.
34. 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.
35. 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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