HomeMy WebLinkAbout20080846.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED USE BY
SPECIAL REVIEW PERMIT #211 FOR A MINERAL RESOURCE DEVELOPMENT
FACILITY, INCLUDING OIL AND GAS SUPPORT AND SERVICE (NATURAL GAS
PROCESSING FACILITY), 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 9th day of
April, 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#211
for a Mineral Resource Development Facility, including Oil and Gas Support and Service (natural
gas processing facility), 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 2 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS,said applicant was 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,
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
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2ND AMENDED USE BY SPECIAL REVIEW PERMIT#211 - KERR-MCGEE GATHERING, LLC
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land." The request for a Site Specific Development Plan and Second
Amended Use by Special Review Permit #211 is for a Mineral Resource
Development Facility, including Oil and Gas Support and Service (natural
gas processing facility), in the A(Agricultural) Zone District.
1) SUP-211 for the Natural Gas Processing Facility, identified as the
Fort Lupton Gas Processing Plant, was approved by the Board of
County Commissioners for Panhandle Eastern Pipeline Company on
July 11, 1973.
2) AmSUP-211 was approved by the Board of County Commissioners
on August 6, 1975, for the Installation and Maintenance of a Liquid
Terminal Site for the removal and storage of liquids and condensate
from natural gas and the installation of natural gas compressors.
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.
b. Section 23-2-230.8.2--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 fora Mineral Resource Development Facility,including Oil and Gas
Support and Service(natural gas processing facility), in the A(Agricultural)
Zone District.
c. Section 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. Agricultural rangelands are
prevalent to the north, south, west, and east. There are no residential
structures generally located within 1,000 feet of the facility. However, there
are three other natural gas processing and compressor facilities located
immediately adjacent to the east and northeast of this facility. 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 within the three-mile referral area of the
City of Fort Lupton, which, in the referral dated November 28, 2007,
indicated no conflicts with its interests.
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2ND AMENDED USE BY SPECIAL REVIEW PERMIT#211 - KERR-MCGEE GATHERING, LLC
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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 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 for, and operated by,
Panhandle Eastern Pipe Line Company.
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 Kerr-McGee Gathering, LLC, for a Site Specific
Development Plan and Second Amended Use by Special Review Permit #211 for a Mineral
Resource Development Facility,including Oil and Gas Support and Service(natural gas processing
facility), 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, per Section 23-2-260.D of the Weld
County Code.
2) All sheets of the plat shall be labeled 2ndAmUSR-211.
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) 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. 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.
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 Book 100/626, dated November 6, 1915. 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.
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.
10) 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 Weld County Department of Public Health and Environment,
Environmental Health Services Division, has reviewed this proposal for a
Mineral Resource Development Facility, including Oil and Gas Support and
Service (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.
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. The plan shall include, at a minimum, the
following:
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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
(including the facility name, address, and phone number). Written
evidence of approval shall be submitted to the Department of
Planning Services.
E. The applicant shall address the concerns of the Department of Public
Works,as outlined in the referral dated December 10,2007. The circulation
lanes, including the facility access, the truck parking, and loading facilities,
should be adequately graveled and 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.
F. 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 the public
rights-of-way.
G. The applicant shall submit an on-site Lighting Plan to the Department of
Planning Services,for all facility light standards, including location and size.
H. The applicant shall submit a Sign Plan to the Department of Planning
Services, for all facility identification signs, including location and size.
The applicant shall submit an Agreement to the Department of Public
Works, and be approved by a Board of County Commissioners 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).
J. 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 Operations:
A. In the event that one(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 (WQCD) of the
Colorado Department of Public Health and Environment. Alternately, the
applicant may 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.
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3. With 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 sixty(60)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 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 9th day of April, A.D., 2008.
• BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
ATTEST: �//,,i!
/ 4'4 . Jerke, Chair
Weld County Clerk to the Board , ia,� l� ` •
1r. Sir'' % e,b. M en, Pro-Tem
BY:
�
Deputy - erk to the Board
William F. Garcia
AP O A RM: EXCUSED
David E. Long
ounty Attorney
V/Zn/O6 ougla ademac er
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KERR-MCGEE GATHERING, LLC
2NDAMUSR #211
1. The request is for a Site Specific Development Plan and Second Amended Use by Special
Review Permit#211 for a Mineral Resource Development Facility, including Oil and Gas
Support and Service (natural gas processing facility), 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. Adequate portable toilet facilities shall be provided during construction of the facility.
8. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
9. The operation shall comply with all applicable state noise statutes and/or regulations.
10. Drinking and sanitary facilities shall be located on USR#1291.
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.
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
Environmental (CDPHE) regulations regarding berming and spill prevention for materials
and liquids stored on the site.
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15. 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.
16. The applicant is required to comply with all Colorado Department of Health and
Environment, Water Quality Control Division, regulations regarding stormwater quality
permitting and protection and construction stormwater discharges.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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. 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 Department 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.
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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 a day, seven (7) days a week.
27. The Fort Lupton Compressor Facility is limited to one (1)full-time employee.
28. The Fort Lupton Compressor Facility is limited to a maximum of ten (10) seasonal
employees for maintenance, repairs, and monitoring.
29. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
30. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
31. 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.
32. 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.
33. 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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