HomeMy WebLinkAbout20070700.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Fitzgerald, that the following resolution be introduced for approval by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1598
APPLICANT: Kinder Morgan
PLANNER: Kim Ogle
LEGAL DESCRIPTION: SE4 of Section 5, T11 N, R66W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a Mineral Resource
Development Facility including Natural Gas Processing Facility in the A(Agricultural)
Zone District.
LOCATION: West of and adjacent to State Hwy 85; north of and adjacent to CR 132.
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 Weld County 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 22-5-100.6(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 a Natural Gas Processing Facility
in the A(Agricultural)Zone District is a new USR.
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 Mineral Resource Development Facility including a Natural Gas Processing
Facility 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 surrounding land uses. The property is sited adjacent to State Highway 85
and County Road 132 Section Line. To the north, west and south are dry pasture
agricultural lands. To the east are lands owned by Public Service Company of
Colorado. There are seven property owners within five hundred feet of this facility.
No letters or telephone calls have been received in favor of or in opposition to this
proposal.
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 proposed site is not within the three
mile referral area of any municipality. The application materials state that the
improvements consist of a compressor building for three electric compressors;one
generator, a supervisory control system a motor control center (MCC) and an
office/warehouse building. All improvements are enclosed within a chain link fence
with three-strands of barb wire atop. There are currently three other Natural Gas
Compressor Stations within 1/4 mile of this site,surrounded by non-irrigated grazing
lands.
CD ti
E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld T *.
County Code. The existing site is not within the Airport, Geologic Hazard or Flood
2007-0700
Resolution USR-1598
Kinder Morgan
Page 2
Hazard Overlay Districts. 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. The lands are presently in
the CRP Program and are designated non-prime on the Important Farmlands Map of Weld
County dated 1979.
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 Weld County Planning Commission 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 associated with this plat shall be labeled USR-1598. (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 shall be screened from adjacent properties, and the
public rights-of-way. (Department of Planning Services)
5. The approved Sign Plan. (Department of Planning Services)
6. The Colorado Department of Transportation (CDOT) has jurisdiction over all
accesses to State Highways.Please contact CDOT to verify the right-of-way of State
Highway 85 at County Road 132 vicinity. (CDOT)
7. County Road 132 is designated on the Weld County Road Classification Plan as a
Section Line road,with 60 feet of right-of-way both sides of centerline.The applicant
shall verify the existing right-of-way and the documents creating the right-of-way. 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 road is not maintained by Weld
.-- County. (Department of Public Works)
Resolution USR-1598
Kinder Morgan
Page 3
8. The applicant shall provide written and graphic evidence that the coordinate North
0+00 on the plat identifying the section where WCR 132 exists. Verification of the
south end of the property in conjunction with relationship to the section line needs
to be clarified on the plat drawing. Identify the location of this section line on your
plat drawing. (Department of Public Works)
9. The applicant shall delineate on the plat the circulation and off-street parking spaces
including the access drives. Further, each parking space shall be equipped with
wheel guards or curb stops where needed to prevent vehicles from extending
beyond the boundaries of the space and from coming into contact with other
vehicles, walls, fences or plant materials. (Department of Public Works)
10. The screened trash enclosure for the facility. (Department of Planning Services)
11. 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)
2) 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, Colorado Department
of Health and Environment to the Department of Public Health and Environment . Written
evidence of approval shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
3) 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)
4) 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)
5) Submit written evidence from the State Engineers Office demonstrating that a commercial
well has been obtained for this facility. (Department of Planning Services)
6) Submit written evidence from the Colorado Department of Transportation demonstrating
two approved points of ingress and egress and an access permit onto State Highway 85
has been approved by the Colorado Department of Transportation. (Colorado
Department of Transportation, Department of Planning Services)
G. 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. 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
Resolution USR-1598
Kinder Morgan
Page 4
or equal to one acre in area. Contact the Water Quality Control Division of the Colorado
Department of Public Health and the Environment at
www.cdphe.state.co.us/wo/PermitsUnit for more information. Written evidence of
approval shall be submitted to the Department of Planning Services. (Department of
Public Health and Environment)
3. Prior to the issuance of a Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed office/warehouse
building and shall be installed according to the Weld County Individual Sewage Disposal
Regulations. Written evidence of such shall be submitted to the department of Planning
Services. (Department of Public Health and Environment)
B. The septic system is required to be designed by a Colorado Registered Professional
Engineer according to the Weld County Individual Sewage Disposal Regulations.
(Department of Public Health and Environment)
4. Upon completion of 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 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)
5. The Department of Planning Services respectively requests the surveyor provide a digital copy of
this 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 mapsaico.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
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Rockies Express Pipeline, LLC
USR-1598
1. The Request for a Site Specific Development Plan and a Special Review Permit for a Mineral
Resource Development Facility including a Natural Gas Processing Facility in the A (Agricultural)
Zone District, as indicated in the application materials on file 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. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
9. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility.
(Department of Public Health and Environment)
10. 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)
11. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(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)
13. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health and 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)
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Resolution USR-1598
Kinder Morgan
Page 6
15. 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 Public Works)
16. 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)
17. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it
will reasonably preserve the natural character of the area and prevent property damage of the
type generally attributed to run-off rate and velocity increases, diversions, concentration and/or
unplanned ponding of storm run-off. The applicant must take into consideration storm water
capture/quantity and provide accordingly for best management practices. (Department of Public
Works)
18. A building permit shall be obtained prior to the construction of buildings or structures including the
office building. (Department of Building Inspection)
19. 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)
20. 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: 2003 International Building
Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International
Fuel Gas Code; and the 2005 National Electrical Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
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21. The office 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)
22. The structure will probably be classified as B (Office)occupancy. 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 the Weld
County Code. (Department of Building Inspection)
23. Building height shall be measured in accordance with the 2003 International 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. When
measuring buildings to determine offset and setback requirements, buildings are measured to the
farthest projection from the building. Property lines shall be clearly identified and all property pins
shall be staked prior to the first site inspection. (Department of Building Inspection)
24. Provide letter of approval from Nunn Fire protection District prior to placing of office building.
(Department of Building Inspection)
25. 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)
26. 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)
27. The facility operates twenty-four(24) hours a day, seven (7)days a week as stated in the
application materials. (Department of Planning Services)
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Resolution USR-1598
Kinder Morgan
Page 7
28. The Cheyenne Station number 905 Facility is limited to four(4)full-time employees as stated in
the application materials. (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. The 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 Tom Holton.
r-.
VOTE:
For Passage Against Passage Absent
Bruce Fitzgerald
Erich Ehrlich
Roy Spitzer
Chad Auer
Doug Ochsner
James Welch
Tom Holton
Paul Branham
Mark Lawley
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of
this case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, 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 March 6, 2007.
Dated the 6`"day of March, 2007.
Kristine Ranslem
Secretary
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including badminton, basketball, croquet, golf driving range,
horseshoes and volleyball; outdoor events including Easter egg
hunt, hay/straw wagon rides, pumpkin patch, sleigh rides and
surrey rides; holiday parties and community gatherings along
with accessory uses including bar service and catering) in the A
(Agricultural)Zone District.
LOCATION: % mile north of State Hwy 14; west of and adjacent to CR 17.
Chris Gathman stated that Russell Pope is requesting a continuance until April 3, 2007. There is a
recommendation from the Department of Public Works that a drainage report be submitted for their review
prior to the Planning Commission hearing.
Bruce Fitzgerald moved that Case USR-1601 be continued until April 3, 2007, seconded by Doug Ochsner.
Motion carried.
CASE NUMBER: PZ-1116
APPLICANT: Lone Tree Estates
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot C of RE-3846, part of the NW4 of Section 27, T7N, R65W of
the 6th P.M., Weld County, Colorado.
REQUEST: Lone Tree Estates PUD, Change of Zone from the A
(Agricultural)Zone District to PUD for three (3) lots with (E)
Estate Zone uses.
LOCATION: East of and adjacent to CR 43 and approximately% mile north of
CR 76.
Chris Gathman stated that Lone Tree Estates, in care of Troy Hauer for A Better Job, Inc., applied for a
change of zone from an Agricultural Zone District to PUD for three (3) lots for Estate Zone uses. It was
noted that the Planning Commission hearing was not properly notified in the newspaper. The Department
of Planning Services requests that this case be continued until April 3, 2007 to fulfill these requirements.
The Chair asked if there was anyone in the public who wishes to speak for or against the continuance of
PZ-1116. Having none, the public portion was closed.
Tom Holton motioned to continue PZ-1116 to April 3, 2007, seconded by Doug Ochsner. Motion carried.
CONSENT ITEMS
CASE NUMBER: USR-1594
APPLICANT: Swift Beef Company
PLANNER: Kim Ogle
LEGAL DESCRIPTION: SW4 of Section 31, T6N, R64W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit
for an Agricultural Service establishment primarily engaged in
performing agricultural, animal husbandry or horticultural
services on a fee or contract basis, including: Animal waste
recycling or processing facilities (Waste Water Treatment
Facility) in the A(Agricultural)Zone District for the property
described below.
LOCATION: South of and adjacent to CR 62.5; west of and adjacent to CR
51.
EXHIBIT
' a• Wit:
CASE NUMBER: USR-1598
APPLICANT: Kinder Morgan
PLANNER: Kim Ogle
LEGAL DESCRIPTION: SE4 of Section 5, T11 N, R66W of the 6th P.M., Weld County,
Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a
Mineral Resource Development Facility including Natural Gas
Processing Facility in the A(Agricultural)Zone District.
LOCATION: West of and adjacent to State Hwy 85; north of and adjacent to
CR 132.
CASE NUMBER: AmUSR-543
APPLICANT: Duke Energy Field Services
PLANNER: Kim Ogle
LEGAL DESCRIPTION: NE4SE4 of Section 34, T7N, R66W of the 6th P.M., Weld
County, Colorado.
REQUEST: A Site Specific Development Plan and an Amended Special
Review Permit for a Mineral Resource Development Facility
including a Natural Gas Processing Facility in the A(Agricultural)
Zone District.
LOCATION: West of and adjacent to CR 33; north of CR 74.
CASE NUMBER: USR-1600
APPLICANT: SLW Ranch Company(Stow Witwer)
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part NW4 of Section 11, T5N, R64W of the 6th P.M., Weld
County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for
one (1) single-family dwelling unit other than those permitted
under Section 23-2-20.A of the Weld County Code (a guest
house to be built in addition to an existing 2 story residence) in
the A(Agricultural)Zone District.
LOCATION: Ndrth of and adjacent to CR 58.5; 1/2 mile east of CR 55.
The Chair asked if there was anyone in the audience who wished to speak for or against any items on the
Consent Agenda,which would include USR-1596. No one wished to speak.
Bruce Fitzgerald moved that Cases USR-1596, USR-1594, USR-1598, AmUSR-543, and USR-1600 be
forwarded to the Board of County Commissioners along with the Conditions of Approval and Development
Standards with the Planning Commissions recommendation of approval. Tom Holton seconded the motion.
Motion carried unanimously.
HEARING ITEMS
CASE NUMBER: USR-1586
APPLICANT: Justin &Wendy Markwardt
PLANNER: Hannah Hippely
LEGAL DESCRIPTION: Lot A of RE-1758; Pt SE4 of Section 34, T6N, R66W of the 6th
P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for
a use permitted as a Use by Right, an Accessory Use, or a Use
by Special Review in the Commercial or Industrial Zone District
(Outdoor Storage of Recreational Vehicles, Boats, Trailers, and
Mini Warehousing for personal/household storage) in the A
(Agricultural)Zone District.
LOCATION: South of and adjacent to F Street; approx 3/4 mile east of N. 59th
Ave.
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