HomeMy WebLinkAbout20072706.tiff • RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION
Moved by Robert Grand 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-428
APPLICANT: KN Wattenberg Transmission LLC
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Part of the NW4 of Section 15, Ti N, R67W of the 6th P.M., Weld County,
Colorado.
REQUEST: An Amended Site Specific Development Plan and a Special Review
Permit for a Mineral Resource Development Facility including Oil and
Gas Support and 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.
LOCATION: East of and adjacent to CR 19 and approximately 1 mile north of CR 8.
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
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"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 22-5-100.6(OG.Goal.2)
states "The extraction of oil and gas resources should conserve the land and minimize the
impact on surrounding land." The request for a Site Specific Development Plan and a
Special Review Permit for a Mineral Resource Development Facility including Oil and Gas
Support and 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 is an amendment to an existing permit.
SUP-428 for the Dehydration and Compression of Natural Gas Facility was approved
by the Board of County Commissioner's Resolution for Panhandle Eastern Pipeline
Company August 6, 1980.
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 proposed and previous modifications to the 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 and 23-3-40.K of the Weld County Code provides for a
Mineral Resource Development Facility including Oil and Gas Support and Service 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 to
allow field workers to communicate safety issues or concerns more expeditiously and reliably.
EXHIBIT
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2007-2706 Al V ► :7l t
• Resolutions USR-428
Kerr McGee Gathering LLC
Page 2
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The surrounding property consists of single family homes on larger
parcels. To the north is USR-1330 for an excavation business. No letters or telephone calls
were received from surrounding property owners. 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. There are eleven
property owners within 500'feet of the site.
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 for the City of Dacono,
the Town of Frederick and the City of Fort Lupton. The City of Dacono in their referral dated
June 5,2007 indicated no concerns with the application. No referrals were received from the
Town of Frederick and the City of Fort Lupton.
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
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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 2002. Previous to this acquisition the facility was permitted
and operated by Panhandle Eastern Pipe Line Company, HS Gathering and KN Wattenberg
Transmission LLC.
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-428. (Department of Planning
Services)
3. The attached Development Standards. (Department of Planning Services)
• Resolutions USR-428
Kerr McGee Gathering LLC
Page 3
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)
5. The approved Sign Plan for all facility identification signs. (Department of Planning
Services)
6. The approved Lighting Plan for the facility. (Department of Planning Services)
7. County Road 19 is designated on the Weld County Road Classification Plan as a
collector road, which requires 80 feet of right-of-way at full build out. 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 and delineate them on the plat. This road is
maintained by Weld County. (Department of Public Works)
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)
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 applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health & Environment.
Written evidence of approval shall be submitted to the Department of Planning Services.
(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).
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). Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services.
(Department of Public Health and Environment)
• Resolutions USR-428
Kerr McGee Gathering LLC
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E. The applicant shall address the concerns of the State of Colorado, Division of Water
Resources as outlined in their referral dated June 27,2007. Specifically the comments which
indicate that according to the records available in the State Engineers office there is an
existing well under permit number 115364. The use of the well is limited to drinking and
sanitary purposes only. Therefore the well could not be used for intermittent cleaning of the
equipment at the station as indicated in the item 3.5.7 of the Executive Summary or other
uses. Further, if water from the well will be used for any other purposes other than drinking
or sanitary, the applicant is required to re-permit the well as a non-exempt well pursuant to
C.R.S.37-90-137(4). Written evidence of approval shall be submitted to the Departments of
Environmental Health and Planning Services. (State of Colorado, Division of Water
Resources, Departments of Environmental Health and Planning Services)
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. (Department
of Planning Services)
G. The applicant shall address the concerns of the Department of Public Works as outlined in
their referral dated July 10, 2007. Written evidence of approval by the Department of Public
Works shall be submitted in writing to the Department of Planning Services. (Department of
Public Works)
• H. The applicant shall address the concerns of the Department of Building Inspection as
outlined in their referral dated July 18,2007. Written evidence of approval shall be submitted
to the Department of Planning Services. (Department of Planning Services)
The applicant shall attempt to address the concerns of the Platte Valley Soil Conservation
District as outlined in their referral dated July 21, 2007. Written evidence of approval shall
be submitted to the Department of Planning Services. (Department of Planning Services)
J. The applicant shall address the concerns of Noble Energy as outlined in their referral dated
July 12, 2007. Written evidence of approval shall be submitted to the Department of
Planning Services. (Department of Planning Services)
K. The applicant shall attempt to address the concerns of the Weld County Sheriff's office as
outlined in their referral dated June 28, 2007. Written evidence of approval shall be
submitted to the Department of Planning Services. (Department of Planning Services)
L. The applicant shall address the concerns of The Farmers Reservoir and Irrigation Company
as outlined in their referral dated July 2, 2007. Written evidence of approval shall be
submitted to the Department of Planning Services. (Department of Planning Services)
M. 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)
N. 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)
• O. The applicant shall submit a Lighting Plan to the Department of Planning Services in
compliance with Section 23-3-360.F of the Weld County Code. (Department of Planning
Services)
• Resolutions USR-428
Kerr McGee Gathering LLC
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P. 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 USR plat. (Department of Planning Services)
Q. 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
shall be submitted or evidence that an adequate attempt has been made to mitigate their
concerns or delineate drill envelopes on the plat shall be submitted to the Department of
Planning Services. (Department of Planning Services)
R. 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 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
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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)
3. Upon completion of 1. and 2. 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 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 thirty(30)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)
4. The Department of Planning Services respectively 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(a)co.weld.co.us. (Department of Planning Services)
5. 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)
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 Commissioner
Resolution was signed a$50.00 recording continuance charge shall be added for each additional 3
• month period. (Department of Planning Services)
• AMENDED SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Kerr McGee Gathering LLC (Frederick Compressor Station)
AMUSR-428
1. The Request for an Amended Site Specific Development Plan and a Special Review Permit for a
Mineral Resource Development Facility including Oil and Gas Support and 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. (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. 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. (Department of Public
Health and Environment)
8. The operation shall comply with all applicable State noise statutes and/or regulations. (Department of
Public Health and Environment)
9. Adequate handwashing and toilet facilities shall be provided for employees and visitors of the site.
(Department of Public Health and Environment)
10. A permanent,adequate water supply shall be provided for drinking and sanitary purposes(well permit
# 115364 and bottled water). (Department of Public Health and Environment)
11. 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)
12. 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)
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• 13. 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)
14. 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)
15. The operation shall comply with all applicable rules and regulations of the Federal Communication
Commission (FCC). (Department of Planning Services)
16. The operation shall comply with all applicable rules and regulations of the Federal Aviation
Commission, as applicable. (Department of Planning Services)
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. (Department of Building Inspection)
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. (Department of Building Inspection)
19. Buildings 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)
• 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. (Department of
Building Inspection)
21. Building wall and opening protection and limitations and the separation of buildings shall be in
accordance with the Building Code. Setback and offset distances shall be determined by the County
Code. (Department of Building Inspection)
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. (Department of Building Inspection)
23. Provide a letter of approval from Fort Lupton Fire Protection District prior to setting any equipment or
structures. (Department of Building Inspection)
24. 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)
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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.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
26. The facility operates twenty-four(24) hours a day, seven (7)days a week. (Department of Planning
Services)
27. The Frederick Compressor Facility is limited to ten (10) employees. (Department of Planning
Services)
28. Lighting on site shall comply with Section 23-3-360.F of the Weld County Code. (Department of
Planning Services)
29. 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)
30. 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)
31. 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)
32. 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)
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. (Department of Planning
Services)
Motion seconded by Paul Branham.
VOTE:
For Passage Against Passage Absent
Doug Ochsner—Chair
Tom Holton—Vice Chair
Paul Branham
Erich Ehrlich
Robert Grand
Bill Hall
Mark Lawley
Roy Spitzer
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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 August 21, 2007.
Dated the 215'of August, 2007.
Donita
Secretary
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
• ar
Tuesday, AugusfPQ 2007
A regular meeting of the Weld County Planning Commission was held in the Southwest Weld County
Conference Room, 4209 CR 24.5, Longmont, Colorado. The meeting was called to order by Chair, Doug
Ochsner, at 1:30 p.m.
ROLL CALL ABSENT
Doug Ochsner- Chair
Tom Holton -Vice Chair
Paul Branham
Erich Ehrlich
Robert Grand
Bill Hall
Mark Lawley
Roy Spitzer
Also Present: Bruce Barker(phone in), County Attorney; Tom Honn, Planning Director; Jacqueline Hatch,
Planner; Don Carroll, Public Works Department;Char Davis, Environmental Health Department;Donita May,
Secretary.
The summary of the last regular meeting of the Weld County Planning Commission held on August 7,2007,
was approved as amended.
The Chair read the Consent Agenda cases into the record.
• CASE NUMBER: AMUSR-428
APPLICANT: KN Wattenberg Transmission LLC
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Part of the NW4 of Section 15, Ti N, R67W of the 6th P.M., Weld County,
Colorado.
REQUEST: An Amended Site Specific Development Plan and a Special Review
Permit for a Mineral Resource Development Facility including Oil and
Gas Support and 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.
LOCATION: East of and adjacent to CR 19 and approximately 1 mile north of CR 8.
Jacqueline Hatch, Department of Planning, said they wished to keep the case on the Consent Agenda.
The applicant spoke and also agreed to it remaining on the Consent agenda.
The Chair asked if anyone in the audience wished to speak for or against the application. No one stepped
forward.
The Chair asked if there were any Commissioners who wished to pull this case from the Consent Agenda.
There were none.
CASE NUMBER: 2nd AMUSR-1280
APPLICANT: Kerr McGee Gathering LLC
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: W2 NE4 SE4 E2 NW4 SE4 of Section 13, T3N, R66W of the 6th P.M.,
Weld County, Colorado. Ds*
• REQUEST: A Site Specific Development Plan and a Special Review Permit for a
Mineral Resource Development Facility including Oil and Gas Support
and Services and one or more microwave or other communication .'
'�1
transmission or relay towers over seventy feet in height (120 foot Radio
• Tower) in the A(Agricultural)Zone District.
Jacqueline Hatch, Department of Planning, said they wished to keep the case on the Consent Agenda.
The applicant spoke and also agreed to it remaining on the Consent agenda.
The Chair asked if anyone in the audience wished to speak for or against the application. No one stepped
forward.
The Chair asked if there were any Commissioners who wished to pull this case from the Consent Agenda.
There were none.
Robert Grand moved that the Consent Agenda, including Cases AMUSR-428 and 2nd AMUSR-1280, 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. Paul Branham seconded the
motion.
Motion carried.
Meeting adjourned at 1:35 p.m.
Respectfully suubmitted,
Donita y N12
• Secretary
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