HomeMy WebLinkAbout20072705.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT #428 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 - 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, for a Site Specific Development Plan and Amended Use by Special Review
Permit #428 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, on the following
described real estate, being more particularly described as follows:
Part of the NW1/4 of Section 15, Township 1 North,
Range 67 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 23-2-230.6 of the Weld County Code as follows:
a. Section 23-2-230.6.1 --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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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." Site Specific Development Plan and Amended Use by Special
Review Permit #428 is 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.
1) SUP-428 for the Dehydration and Compression of Natural Gas
Facility was approved by the Board of County Commissioners for
Panhandle Eastern Pipeline Company on 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 23-2-230.B.2--The proposed use is consistent with the intent of the
A (Agricultural) Zone District. Sections 23-3-40.A.2 and 23-3-40.K of the
Weld County Code provide 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 Gathering, LLC, to allow field workers to
communicate safety issues or concerns more expeditiously and reliably.
c. Section 23-2-230.B.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 23-2-230.B.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 Cities of Dacono
and Fort Lupton, and the Town of Frederick. The City of Dacono, in the
referral dated June 5, 2007, indicated no concerns with the application. No
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referrals were received from the Town of Frederick and the City of Fort
Lupton.
e. Section 23-2-230.6.5--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 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 23-2-230.6.7 -- 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 #428 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, 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 in accordance with Section 23-2-260.D of
the Weld County Code.
2) All sheets of the plat shall be labeled AMUSR-428.
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.
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6) The approved Lighting Plan for the facility.
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 buildout. 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.
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 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 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 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.
C. 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.
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 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.
E. The applicant shall address the concerns of the State of Colorado, Division
of Water Resources, as outlined in the referral dated June 27, 2007.
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Specifically, the comments which indicate that, according to the records
available in the State Engineer's 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 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
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.
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.
G. The applicant shall address the concerns of the Department of Public
Works, as outlined in the 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.
H. The applicant shall address the concerns of the Department of Building
Inspection, as outlined in the referral dated July 18, 2007. Written evidence
of approval shall be submitted to the Department of Planning Services.
The applicant shall attempt to address the concerns of the Platte Valley Soil
Conservation District, as outlined in the referral dated July 21, 2007.
Written evidence of approval shall be submitted to the Department of
Planning Services.
J. The applicant shall address the concerns of Noble Energy,as outlined in the
referral dated July 12, 2007. Written evidence of approval shall be
submitted to the Department of Planning Services.
K. The applicant shall attempt to address the concerns of the Weld County
Sheriff's Office, as outlined in the referral dated June 28, 2007. Written
evidence of approval shall be submitted to the Department of Planning
Services.
L. The applicant shall address the concerns of The Farmers Reservoir and
Irrigation Company, as outlined in the referral dated July 2, 2007. Written
evidence of approval shall be submitted to the 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
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facility which shall be screened from adjacent properties and public
rights-of-way.
N. The applicant shall submit a Sign Plan, to the Department of Planning
Services, for all facility identification signs, including location and size.
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.
P. The applicant 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 plat.
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.
R. 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 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(1)acre in area. The applicant
shall contact the Water Quality Control Division of the Colorado Department
of Public Health and 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.
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.
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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.
5. The Amended Use by Special Review activity shall not occur, nor shall any building
or electrical permits be issued on the property, until the 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 thrity(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
e /�� W D COUNTY, COLORADO
ATTEST: 4vl#�D� %t, -L/ o E
David E. Long, Chair
Weld County Clerk to the Board fey ) _
William H. Je ke, Tem
Deputy Cleft to the Boardd� (6/9K),--2
Willi
F. Garcia
AP ED AS :iR .
Robert . Masden
ou ty Attorney + ^
Douglas(Rademach r
0-3_01
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KERR-MCGEE GATHERING, LLC
AMUSR#428
1. Site Specific Development Plan and Amended Use by Special Review Permit #428 is 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.
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. 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
(Well Permit # 115364 and bottled water).
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.
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DEVELOPMENT STANDARDS - KERR-MCGEE GATHERING, LLC (AMUSR#428)
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14. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
15. The operation shall comply with all applicable rules and regulations of the Federal
Communication Commission (FCC).
16. The operation shall comply with all applicable rules and regulations of the Federal Aviation
Commission, as applicable.
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. 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.
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. 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.
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 Protection District
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.
26. The facility operates twenty-four(24) hours a day, seven (7) days a week.
27. The Frederick Compressor Facility is limited to ten (10) employees.
28. Lighting on the site shall comply with Section 23-3-360.F of the Weld County Code.
29. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
30. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, 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 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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