HomeMy WebLinkAbout20080456.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT #1353 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING OIL AND GAS SUPPORT SERVICES, AND ONE OR MORE MICROWAVE
OR OTHER COMMUNICATION TRANSMISSION OR RELAY TOWERS OVER SEVENTY
FEET IN HEIGHT (120-FOOT RADIO 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 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, c/o Cheryl Diedrich, 1999 Broadway, Suite 3700,
Denver, Colorado 80202, for a Site Specific Development Plan and Amended Use by Special
Review Permit#1353 for a Mineral Resource Development Facility, including Oil and Gas Support
Services, and one or more microwave or other communication transmission or relay towers over
seventy feet in height (120-foot radio tower) in the A (Agricultural) Zone District on the following
described real estate, being more particularly described as follows:
Part of the NW 1/4 of Section 14, Township 2 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.B.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,
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AMENDED SPECIAL REVIEW PERMIT#1353 - KERR-MCGEE GATHERING, LLC
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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 an amendment to existing Use by Special Review
Permit #1353, for an Oil and Gas Support Service Facility, which was
approved by the Board of County Commissioners on October 24, 2001, for
HS Gathering LLC. 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 amendment
application was required by the Department of Planning Services due to a
change in ownership of the facility,and proposed and previous modifications
to the facility, including one communication tower(120 feet in height).
b. Section 23-2-230.6.2--The proposed use is consistent with the intent of the
A (Agricultural) Zone District. Sections 23-3-40.A.2 and 23-3-40.K of the
Weld County Code provide for a Mineral Resource Development Facility,
including Oil and Gas Support Services, and one or more microwave or
other communication transmission or relay towers over seventy(70)feet in
height, in the A (Agricultural) Zone District. The communication tower is
proposed to be 120 feet in height and free standing. The use of the tower
is limited to Kerr-McGee, and will allow field workers to communicate
safety issues or concerns more expeditiously and reliably.
c. Section 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding property consists
of agricultural uses to the east and south. 3rdAMUSR #1002, for a gas
production and compressor facility, is located to the north. SUP#211, for
a compressor station facility, and USR#1291, for an Oil and Gas Support
Facility, are located to the west of the site. No letters or telephone calls
have been received from surrounding property owners. 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 23-2-230.6.4--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 not located within the three-mile referral area for any
municipality. There are two property owners located within 500 feet of the
site.
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 and the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Program Areas. Effective January 1,
2003, building permits issued on the proposed lots will be required to adhere
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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 2000.
Previous to this acquisition, the facility was permitted and operated by
HS Gathering.
g. Section 23-2-230.B.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 Amended Use by Special Review Permit #1353 for a Mineral Resource
Development Facility, including Oil and Gas Support Services,and one or more microwave or other
communication transmission or relay towers over seventy feet in height (120-foot radio 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) 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 AMUSR-1353.
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.
5) The approved Sign Plan for all facility identification signs.
6) The approved Lighting Plan for the facility.
7) County Road 22 is designated on the Weld County Road
Classification Plan as a strategic road, which requires 140 feet of
right-of-way at full buildout. There is presently 60 feet of
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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, and delineate them on the
plat. This road is maintained by Weld County.
8) The screened trash enclosure for the facility, complying with the
Weld County Code.
9) 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.
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 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.
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 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 written evidence to the Department of Planning
Services that the parcel is a legal buildable lot.
F. The applicant shall provide written and graphic evidence,to the Department
of Planning Services, that the proposed tower is appropriately marked and
lighted, in accordance with Code 14 of Federal Regulations, part 77
pursuant to 49 U.S.C., Section 44718.
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G. The applicant shall address the concerns of the Department of Public
Works, as outlined in the referral dated October 3, 2007. Written evidence
of approval by the Department of Public Works shall be submitted,in writing,
to the Department of Planning Services.
H. The applicant shall address the concerns of the Department of Building
Inspection, as outlined in the referral dated October 22, 2007. Written
evidence of approval shall be submitted to the Department of Planning
Services.
The applicant shall address the concerns of the Department of Public Health
and Environment, as outlined in the referral dated October 29, 2007.
Written evidence of approval shall be submitted to the Department of
Planning Services.
J. The applicant shall attempt to address the concerns of the Weld County
Sheriff's Office, as outlined in the referral dated November 9,2007. Written
evidence of approval shall be submitted to the Department of Planning
Services.
K. The applicant shall address the concerns of the Weld County Department
of Planning Services, as outlined in the Landscaping referral dated
September 26, 2007. Written evidence of approval shall be submitted to the
Department of Planning Services.
L. 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.
M. The applicant shall submit a Sign Plan, to the Department of Planning
Services, for all facility identification signs, including location and size.
N. The applicant shall submit a Lighting Plan, to the Department of Planning
Services,which shall be in compliance with Section 23-3-360.F of the Weld
County Code.
O. The application shall complete all proposed improvements, including those
regarding landscaping, screening, access improvements, and parking lot
requirements,or enter into an Improvements Agreement According to Policy
Regarding Collateral for Improvements and post adequate collateral for all
required materials. The agreement and form of collateral shall be reviewed
by County staff, and accepted by the Board of County Commissioners, prior
to recording the plat.
P. The applicant shall provide written evidence from the oil and gas company,
indicating all requirements and agreements between the surface developer
and the mineral owners and/or lessees have been completed, or, provide
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evidence that an adequate attempt has been made to mitigate the concerns.
Drill envelopes may be delineated on the plat, in accordance with the State
requirements, as an attempt to mitigate concerns. Written evidence shall
be submitted to the Department of Planning Services.
Q. The applicant shall submit two (2) paper copies of the plat, for preliminary
approval, to the Weld County Department of Planning Services.
2. Prior to operation:
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 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.
4. The Department of Planning Services respectfully 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.
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.
6. 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.
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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.
• -1, _ BOARD OF COUNTY COMMISSIONERS
IV ELD COUNTY, COLORADO
ATTEST: � '^�"14 z ,2 K,i
�� �)
H. Jerke, Chair
Weld County Clerk to the BoIrd"s
' "s a7 Robert D. Masden\Pro-Tem
diaMEj
D=p, ty Clerk to the Boa L7OF. �_�
/� William Garcia
AP DAS FORM: EXCUSED
David E. Long
Sorney 'c(qITS. vvvie ° kRf
Dougla Rademac r
Date of signature: tr3i i lW
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SITE SPECIFIC DEVELOPMENT PLAN
AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KERR-MCGEE GATHERING, LLC
AMUSR #1353
1. The Request for a Site Specific Development Plan and Amended Use by Special Review
Permit is for a Mineral Resource Development Facility, including Oil and Gas Support
Services,and one or more microwave or other communication transmission or relay towers
over seventy feet in height(120-foot radio tower) 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.
7. 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.
8. The facility shall have sufficient equipment available to implement dust control, as required
by the Weld County Department of Public Health and Environment.
9. The operation shall comply with all applicable State noise statutes and/or regulations.
10. 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.
11. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
12. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
13. The tower located on the property is not permitted to allow co-location, due to security
issues.
14. The operation shall comply with all applicable rules and regulations of the Federal
Communication Commission (FCC).
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15. The operation shall comply with all applicable rules and regulations of the Federal Aviation
Administration (FAA).
16. 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.
17. 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.
18. 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, 2005 National Electrical Code, and
Chapter 29 of the Weld County Code.
19. 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.
20. Building wall and opening protection shall be in accordance with the Building Code.
Setback and offset distances shall be determined by the Weld County Code.
21. 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
the Weld County Code.
22. 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.
23. The applicant shall provide a letter of approval from the Fort Lupton Fire Protection District,
prior to setting any equipment or structures.
24. 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.
25. 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.
26. The facility operates twenty-four (24) hours per day, seven (7) days a week.
27. All lighting on the site shall be in compliance with Section 23-3-360.F of the Weld County
Code.
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28. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
29. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
30. 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.
31. 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.
32. 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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