HomeMy WebLinkAbout20072718.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT #217 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 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 17th day of
September, 2007, 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,fora Site Specific Development Plan and Amended Use by Special Review Permit
#217 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 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:
SW1/4 SW1/4 of Section 23, Township 2 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Patrick Groom, 822 7th Street, Suite 760,
Greeley, Colorado, 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 USE BY SPECIAL REVIEW PERMIT#217 - KERR-MCGEE GATHERING, LLC
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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 Use by Special
Review Permit for a Mineral Resource Development Facility, including a
Natural Gas Processing Facility, in the A (Agricultural) Zone District is an
amendment to an existing permit.
1) SUP-217 for the Natural Gas Processing Facility, identified as the
Hudson Gas Processing Plant, was approved by the Board of
County Commissioners for Panhandle Eastern Pipeline Company in
August, 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.
b. Section 23-2-230.B.2--The proposed use is consistent with the intent of the
A(Agricultural)Zone District. Section 23-3-40.A.2 of the Weld County Code
provides for a Mineral Resource Development Facility, including Oil and Gas
Support and Service (natural gas processing facility [liquid terminal site]),
and one or more microwave or other communication transmission or relay
towers over seventy(70)feet in height, in the A(Agricultural)Zone District.
c. Section 23-2-230.B.3 --The uses which will be permitted will be compatible
with the existing surrounding land uses. To the north, east, and south are
agricultural lands with oil and gas encumbrances and dryland agriculture; to
the west are three existing Use by Special Review Permits. USR-1319 is for
Four-Way Baptist Church; USR-956 is for US West for a 165-foot cellular
tower; and SUP-439 is for an electrical substation with a 115-kV
transmission line. To the east is a 493-foot FM radio tower on lands once
containing Bragg Hog Farm; to the south is SUP-294 for a Colorado
Department of Transportation (CDOT) gravel pit, and the Sparboe Farms,
LCO for 1,620,000 chickens permitted under 3rdAmUSR-655. There are
five property owners within 500 feet of this facility. No letters or telephone
calls were received from adjacent 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.
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.
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The existing site is within the three-mile referral area of the Town of Hudson,
which returned a referral, dated May 23, 2007, indicating there were no
conflicts with the Town's interests.
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.
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 the Kerr-McGee Gathering, LLC, in 1993.
Previous to this acquisition, the facility was permitted and operated by
Panhandle Eastern Pipe Line Company and KN Wattenberg Transmission
LLC.
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 #217 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 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 per Section 23-2-260.D of the Weld
County Code.
2) All sheets of the plat shall be labeled AmUSR-217.
3) The attached Development Standards.
4) The approved Screening Plan, to address the outdoor storage of
materials associated with this facility, which shall be screened from
adjacent properties and all public rights-of-way.
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5) The approved Sign Plan for all facility identification signs.
6) County Road 18 is designated on the Weld County Road
Classification Plan as a local gravel road, which requires 60 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. This road is maintained by
Weld County.
7) The screened trash enclosure for the facility complying with the
Weld County Code.
8) A graphic key and/or symbol serving to identify each component 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.
B. The applicant shall submit evidence to the Department of Planning Services,
from the Colorado Division of Water Resources,demonstrating that the well
is appropriately permitted for the industrial use.
C. 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 Public 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.
D. The Environmental Health Services Division of the Weld County Department
of Public Health and Environment was unable to locate a permit for the
septic system serving the existing compressor station. The septic system
shall be reviewed by a Colorado registered professional engineer. The
review shall consist of observation of the system and a technical review
describing the system's ability to handle the proposed hydraulic load. The
review shall be submitted to the Environmental Health Services Division of
the Weld County Department of Public Health and Environment. In the
event the system is found to be inadequately sized or constructed, the
system shall be brought into compliance with current regulations.
-or -
An Individual Sewage Disposal System is required for the office and shall
be installed according to the Weld County Individual Sewage Disposal
System (I.S.D.S.) Regulations. The septic system is required to be
designed by a Colorado registered professional engineer according to the
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Weld County I.S.D.S. Regulations. Written evidence of approval shall be
submitted to the Department of Planning Services.
E. 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.
F. 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:
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). Evidence
of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
G. The applicant shall address the concerns of the State of Colorado, Division
of Water Resources, as outlined in the referral dated May 18, 2007.
Specifically, the comments which indicate that according to the records
available in the State Engineer's Office, there is a commercial exempt well
constructed in the SW1/4 SW1/4 of Section 23, Township 2 North, Range
65 West of the 6th P.M., Weld County, Colorado. The well was constructed
under Well Permit Number 71543, and 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 item
3.5.7 of the Executive Summary or other uses(i.e., water coolers, produced
water, etcetera). Further, if water from the well will be used for any other
purposes other than drinking or sanitary, the applicant is required to
repermit the well as a non-exempt well pursuant to Section 37-90-137(4),
C.R.S. Written evidence of approval shall be submitted to the Departments
of Public Health and Environment and Planning Services.
H. 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.
The applicant shall address the concerns of the Department of Public
Works,as outlined in the referral dated May 24,2007. The circulation lanes,
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including the facility access, 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.
J. The applicant shall address the concerns of the Weld County Sheriffs
Office, as outlined in the referral dated June 4, 2007. Written evidence of
approval shall be submitted to the Department of Planning Services.
K. 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.
L. The applicant shall submit a Sign Plan to the Department of Planning
Services for all facility identification signs, including location and size.
M. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. One month prior to construction activities:
A. A Stormwater Discharge Permit may be required for a development/
redevelopment/construction site where a contiguous or non-contiguous land
disturbance is greater than, or equal to, one acre in area. The applicant
shall contact the Water Quality Control Division of the Colorado Department
of Public Health and Environment atwww.cdphe.state.co.us/wq/PermitsUnit
for more information. Written evidence of approval shall be submitted to the
Department of Planning Services.
3. Upon completion of Conditions of Approval #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 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.
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5. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the 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 Commissioner 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 17th day of September, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
WELACOUNTY, COLORADO
ATTEST:
"'!/v/��
David E. Long, Chair
Weld County Clerk to the Board
gieya,Z William l-J. Jerke4.Pro-Tem
BY: ' /(9L/7(_
Deputy Clerk to the Board 7
Will F. Garcia
APPROVED Robert D. Masden
oG ty Attorney r ,,a_ icYI Q )(f\).JY'
Douglas eademache
iG y—U7
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KERR-MCGEE GATHERING, LLC
AMUSR#217
1. The Request for a Site Specific Development Plan and Amended Use by Special Review
Permit #217 is 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 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 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 operation shall comply with all applicable State noise statutes and/or regulations.
9. Adequate hand washing and toilet facilities shall be provided for employees and visitors of
the site.
10. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
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.
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 and volatile organic compounds.
13. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
14. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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DEVELOPMENT STANDARDS - KERR-MCGEE GATHERING, LLC (USR#217)
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15. The applicant is required to comply with all Colorado Department of Public Health and
Environmental regulations regarding berming and spill prevention for materials and liquids
stored on the site.
16. 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.
17. The applicant is required to comply with all Colorado Department of Public Health and
Environment, Water Quality Control Division, regulations regarding stormwater quality,
permitting and protection, and construction stormwater discharges.
18. The operation shall comply with all applicable rules and regulations of the Federal
Communication Commission (FCC).
19. The operation shall comply with all applicable rules and regulations of the Federal Aviation
Commission, as applicable.
20. 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.
21. 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.
22. 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, 2005 National Electrical Code, 2006 International Fuel Gas Code, and
Chapter 29 of the Weld County Code.
23. 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.
24. 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.
25. 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
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DEVELOPMENT STANDARDS - KERR-MCGEE GATHERING, LLC (USR#217)
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requirements. Offset and setback requirements are measured to the farthest projection
from the building.
26. The applicant shall provide a letter of approval from Hudson Fire Protection District prior
to setting any equipment or structures.
27. 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.
28. 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.
29. The facility operates twenty-four (24) hours a day, seven (7) days a week.
30. The Hudson Compressor Facility is limited to one (1)full-time employee.
31. The Hudson Compressor Facility is limited up to ten (10) seasonal employees for
maintenance, repairs, and monitoring.
32. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
33. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
34. 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.
35. The 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.
36. 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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