HomeMy WebLinkAbout20080847.tiff RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION
• Moved by Bill Hall 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-211
APPLICANT: Kerr McGee Gathering, LLC
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Part NW4 Section 14,T2N, R66W of the 6th P.M.,Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and an Amended Special Review
Permit for Mineral Resource Development Facility including Oil and Gas
Support and Service(Natural Gas Compressor Facility in the A
(Agricultural)Zone District.
LOCATION: South of and adjacent to CR 22, East of and adjacent to CR 33.
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.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 for a Site Specific Development Plan and an
Amended Special Review Permit for a Mineral Resource Development Facility including a
Natural Gas Processing Facility and one or more microwave or other communication
transmission or relay towers over seventy (70) feet in height [120 foot Communications
Tower] in the A (Agricultural)Zone District is an amendment to an existing permit.
❑ SUP-211 for the Natural Gas Processing Facility identified as the Fort Lupton Gas
Processing Plant was approved by the Board of County Commissioner's Resolution
for Panhandle Eastern Pipeline Company on July 11, 1973.
This application addresses the current on-site conditions,and serves as a baseline for future
improvements to the site. Upgrades to the facility addressed under 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 [120 foot Communications Tower] that is
proposed for this facility.
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 a Mineral Resource
Development Facility including Oil and Gas Support and Service (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 23-2-220.A.3--The uses which will be permitted will be compatible with the existing F
surrounding land uses. Agricultural rangelands are prevalent to the North, South,West and m
East. There are no residential structures generally located within 1000 feet of the facility. _
nnno no n-1
Resolution AmUSR-211
• Kerr-McGee Gathering LLC
Page 2
However, there are three other natural gas processing and compressor facilities located
immediately adjacent to the East and to the Northeast for this facility. 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 23-2-220.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 City of Fort
Lupton. The City of Fort Lupton in their referral dated November 28, 2007 indicated no
conflicts with their interests.
E. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code.
The existing site is within the County Road Impact Fee Area and the Capital Expansion
Impact Fee and the Stormwater/Drainage Impact Fee. Effective January 1, 2003, Building
Permits issued on the proposed lots will be required to adhere to the fee structure of the
County Road Impact Program. (Ordinance 2002-11) 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 LLC in 1993. Previous to this acquisition the facility was permitted
and operated by Panhandle Eastern Pipe Line Company.
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 Planning Commission's 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. The plat shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
2. All Sheets of the plat shall be labeled AmUSR-211. (Department of Planning
Services)
3. The attached Development Standards. (Department of Planning Services)
• 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. (Department of Planning Services)
• Resolution AmUSR-211
Kerr-McGee Gathering LLC
Page 3
5. The approved Sign Plan for all Facility identification signs. (Department of Planning
Services)
6. 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 build out. There is
presently 60 feet of right-of-way.An additional 40 feet shall be delineated on the plat
as future County Road 22 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. If the right-of-way cannot be verified, it
shall be dedicated. This road is maintained by Weld County. (Department of Public
Works)
7. County Road 33 is designated on the Weld County Road Classification Plan as a
section line access, which requires 60 feet of right-of-way per date November 6,
1915, Book 100/626. 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 section line
access is not maintained by Weld County.
8. The screened trash enclosure for the facility complying with the Weld County Code.
(Department of Planning Services)
• 9. A graphic key and or symbol serving to identify each component that is located within
the USR Boundary. The key and corresponding component shall be summarized in
tabular format and be clearly delineated on the plat. (Department of Planning
Services)
10. Additional parking near or next to the communications tower to accommodate pick-
up trucks, utility trucks and other similar utility service vehicles. Minimum number of
parking spaces shall be ten. (Department of Public Works, Department of Planning
Services)
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), Colorado
Department of Health and Environment. Alternately, the applicant can 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. (Department of Public Health and
Environment)
C. The Environmental Health Services Division has reviewed this proposal for a mineral
resource development facility including oil and gas support and services (Natural Gas
Compressor Facility). The application materials state that water is trucked in for sanitary
use, however, septic permit G-930165 denotes a well as the water source. The applicant
shall verify which water source is correct and update the septic permit if necessary.
(Department of Public Health and Environment)
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 & 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-211
Kerr-McGee Gathering LLC
Page 4
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). Written evidence of approval shall
be submitted to the Department of Planning Services. (Department of Public
Health and Environment)
E. 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. (Department
of Planning Services)
F. The applicant shall address the concerns of the Department of Public Works as outlined in
their referral dated December 10, 2007. The circulation lanes, including the facility access,
the truck parking and loading facilities should be adequately graveled and should 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.
(Department of Public Works)
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 shall be screened from
. adjacent properties, and the public rights-of-way. (Department of Planning Services)
H. The applicant shall submit an on site Lighting Plan to the Department of Planning Services,
for all Facility lights standards, including location and size. (Department of Planning
Services)
The applicant shall submit a Sign Plan to the Department of Planning Services,for all Facility
identification signs, including location and size. (Department of Planning Services)
J. The applicant shall submit an application Agreement to the Department of Public Works and
be approved by Board of County Commissioner Resolution for a Non-exclusive License for
the upgrade and maintenance of Weld County right-of-way. (County road 10 east of County
road 33) (Department of Public Works)
K. 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. Prior to Operations:
A. In the event that 1 or more acres are disturbed during the construction and development
of this site, the applicant shall obtain a stormwater discharge permit from the Water
Quality Control Division of the Colorado Department of Public Health and Environment.
Alternately, the applicant can provide evidence from WQCD that they are not subject to
these requirements. Written evidence of approval shall be submitted to the Department
of Planning Services. (Department of Public Health and Environment)
3. 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. Contact the Water Quality Control Division of the Colorado
Resolution AmUSR-211
• Kerr-McGee Gathering LLC
Page 5
Department of Public Health and the Environment at www.cdphe.state.co.us/wq/PermitsUnit
for more information. Written evidence of approval shall be submitted to the Department of
Planning Services. (Department of Public Health and Environment)
4. With completion of Condition of Approval number 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 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 sixty(60)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)
5. The Department of Planning Services respectively requests the surveyor provide a digital copy of the
2nd 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 maybe sent to maps@co.weld.co.us. (Department of Planning Services)
6. 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)
7. 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 Commissioner
Resolution was signed a $50.00 recording continuance charge shall be added for each additional 3
month period. (Department of Planning Services)
•
SITE SPECIFIC DEVELOPMENT PLAN
• AMENDED SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Kerr McGee Gathering LLC (Fort Lupton Compressor Station)
AmUSR-211
1. The Request for a Site Specific Development Plan and the 2nd Amended Special Review Permit for
Mineral Resource Development Facility including Oil and Gas Support and Service (Natural Gas
Processing Facility and one or more microwave or other communication transmission or relay towers
over seventy(70)feet in height[120 foot Communications Tower] 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." . (Department of
Public Health and Environment)
7. Adequate toilet facilities (portable toilet) shall be provided during construction of the facility. .
(Department of Public Health and Environment)
8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public
Health and Environment)
9. The operation shall comply with all applicable State noise statutes and/or regulations. (Department of
Public Health and Environment)
10. Adequate handwashing and toilet facilities shall be provided for employees and visitors of the site.
(Department of Public Health and Environment)
11. Bottled water shall be utilized for drinking and hand washing at the site. (Department of Public Health
and Environment)
12. 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
Systems. (Department of Public Health and Environment)
13. 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). (Department of Public Health and Environment)
•
Resolution AmUSR-211
• Kerr-McGee Gathering LLC
Page 7
14. 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)
15. 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)
16. The applicant is required to comply with all Colorado Department of Health and Environmental
(CDPHE)regulations regarding berming and spill prevention for materials and liquids stored on site.
(Department of Planning Services)
17. 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)
18. The applicant is required to comply with all Colorado Department of Health and Environment,Water
Quality Control Division regulations regarding storm water quality permitting and protection and
construction storm water discharges. (Department of Public Works)
19. The operation shall comply with all applicable rules and regulations of the Federal Communication
Commission (FCC). (Department of Planning Services)
• 20. The operation shall comply with all applicable rules and regulations of the Federal Aviation
Commission, as applicable. (Department of Planning Services)
21. 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. (Department of Building Inspection)
22. 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. (Department of Building Inspection)
23. New construction 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;2005 National
Electrical Code; 2006 International Fuel Gas Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
24. 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. (Department of
Building Inspection)
25. 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. (Department of Building Inspection)
• 26. 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
Resolution AmUSR-211
• Kerr-McGee Gathering LLC
Page 8
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. Offset and setback requirements are
measured to the farthest projection from the building. (Department of Building Inspection)
27. Provide a letter of approval from Fort Lupton Fire Department prior to setting any equipment or
structures. (Department of Building Inspection)
28. 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)
29. 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) (Department of Planning Services)
30. The facility operates twenty-four(24) hours a day, seven (7)days a week. (Department of Planning
Services)
31. The Fort Lupton Compressor Facility is limited to one(1)full-time employee. (Department of Planning
Services)
32. The Fort Lupton Compressor Facility is limited up to ten (10)seasonal employees for maintenance,
repairs, and monitoring. (Department of Planning Services)• 33. 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)
34. 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)
35. Personnel from Weld County Government 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. (Department of
Planning Services)
36. 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)
37. 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)
•
Resolution AmUSR-211
• Kerr-McGee Gathering LLC
Page 9
Motion seconded by Robert Grand.
VOTE:
For Passage Against Passage Absent
Doug Ochsner—Chair
Tom Holton —Vice Chair
Paul Branham
Erich Ehrlich
Robert Grand
Bill Hall
Mark Lawley
Nick Berryman
Roy Spitzer
The Chair declares the resolution passed and orders that a certified copy be placed in the file of this case
to serve as a permanent record of these proceedings.
CERTIFICATION OF COPY
I, Donita May, 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 February 19, 2008.
Dated the 19th of February, 2008.
5.0AAA-A-tA
Donita May
Secretary
•
- IR-.-CC: 3
carried.
•
CONSENT ITEMS
CASE NUMBER: AmUSR-211
APPLICANT: Kerr McGee Gathering, LLC
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Part NW4 Section 14,T2N, R66W of the 6th P.M.,Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and an Amended Special Review
Permit for Mineral Resource Development Facility including Oil and Gas
Support and Service(Natural Gas Processing Facility and one or more
microwave or other communication transmission or relay towers over
seventy(70)feet in height[120 foot Communications Tower] in the A
(Agricultural)Zone District.
LOCATION: South of and adjacent to CR 22, East of and adjacent to CR 33.
Kim Ogle, Department of Planning,said the applicant wished this case remain on the Consent Agenda.
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 closed the public portion of the hearing.
Bill Hall moved that the Consent Agenda be forwarded to the Board of County Commissioners along with the Conditions
of Approval and Development Standards with the Planning Commission's recommendation of approval. Second by
Robert Grand. Motion carried.
• HEARING ITEMS
CASE NUMBER: USR-1627
APPLICANT: Cambodian Cultural Center Non-Profit Corporation
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Part of the S2 S2 NE4 of Section 33, Ti N, R68W of the 6th P.M., Weld
County, Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review for Public and
quasi-Public Buildings including a Church and a Private School
(Cambodian Cultural Center)in the Agricultural Zone District.
LOCATION: North of State Highway 7 and west of CR 7.
Michelle Martin, Department of Planning, said the applicants have applied for a Site Specific Development Plan and
a Special Review Permit for a Public and quasi-Public Buildings including a Church and a Private School
(Cambodian Cultural Center)in the Agricultural Zone District.
This case was originally scheduled to be heard December 18, 2007. The applicants requested a continuance at that
time in order to resolve access issues.Two signs announcing the Planning Commissioners hearing were posted
December 3, 2007. Additional signs were posted February 1, 2008 by Planning Staff.
The site is located approximately one half mile north of State Highway 7 and west of CR 7.
The Department of Planning Services is recommending denial of this application for the following reason:
Section 23-2-240.A.8 of the Weld County Code states, "The access shall be located and designed to be safe;ingress
and egress shall not present a safety hazard to the traveling public or to the vehicles accessing the property. For uses
generating high traffic volumes and large numbers of large, slow-accelerating vehicles, acceleration and deceleration
lanes may be required to mitigate a potential traffic hazard."
The access to the site is through an easement per reception number 1864542 that discloses the conveyance of a thirty
foot wide road but does not indicate the road can be used for commercial purposes. The application materials do not
indicate that a new access agreement has been established with the property owners to the east.
One letter from a surrounding property owner and several phone conversations have been received in objection to the
proposed development. Some of their concerns stem from compatibly, diminished property values, and access �(
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