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Home My WebLink About20020829 RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW PERMIT#1280 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY (AMINE PLANT AT THE PLATTEVILLE COMPRESSOR STATION) INCLUDING OIL AND GAS SUPPORT AND SERVICES 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 8th day of May, 2002, 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 3600, Denver, Colorado 80202, for a Site Specific Development Plan and Amended Use by Special Review Permit#1280 for a Mineral Resource Development Facility (Amine Plant at the Platteville Compressor Station) including Oil and Gas Support and Services in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the W1/2 NE1/4 SE1/4, and the E1/2 NW1/4 SE1/4 of Section 13, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was represented by Jim Wason 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 recommendations 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 23-2-230.6.1 —The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-5-100.A.1 of the Comprehensive Plan 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." The site is designated as "Other" on the Important Farmlands of Weld County Map, ��II 2002-0829 / �-- / I - /7l t6 � > Ti`L( J L1436 AMENDED USE BY SPECIAL REVIEW PERMIT#1280 - KERR-MCGEE GATHERING, LLC PAGE 2 dated 1979. The proposed site will not make agricultural practices less efficient and will be within the current boundaries of the existing permit. 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 Services as a Use by Special Review in the A (Agricultural) Zone District. This is an amendment to the existing Use by Special Review Permit#1280, as approved by the Board of County Commissioners on October 4, 2000. c. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The site covers the entire southeast quarter of the Section. The topography slopes from the northwest to the southeast and consists of valent sand and vona loamy sand soil types. It is surrounded to the north by the Denver International Airport radar station, and to the west and south by oil wells and tank batteries. Beebe Draw Subdivision is situated more than one mile to the east. There are two houses approximately one-quarter of a mile to the northwest of the plant and one house located to the southeast on Weld County Road 32. The addition of the amine plant equipment will have little, if any, additional impact on surrounding properties. d. Section 23-2-230.6.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is not located within any Intergovernmental Agreement areas or the three-mile referral area of an municipality. e. Section 23-2-230.6.5 -- The application complies with Section 23-5 of the Weld County Code. The site does not lie within an Overlay District. f. Section 23-2-230.6.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The land is designated "Other" as shown on the Important Farmlands of Colorado Map dated 1979. No prime farmland will be taken out of production. 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. 2002-0829 PL1436 AMENDED USE BY SPECIAL REVIEW PERMIT#1280 - KERR-MCGEE GATHERING, LLC PAGE 3 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 Use by Special Review Permit#1280 for a Mineral Resource Development Facility (Amine Plant at the Platteville Compressor Station) including Oil and Gas Support and Services 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 attached Development Standards. B. A new Nonexclusive License Agreement shall be required for Weld County Road 37. Upon approval by the Board of County Commissioners, a copy of the agreement shall be submitted to the Departments of Public Works and Planning Services with the plat. C. The applicant will obtain a Storm Water Discharge Plan and permit from the Colorado Department of Health. Written evidence of the approved permit shall be submitted to the Departments of Planning Services and Public Works. D. The applicant shall amend the existing Emission Permit for the modification in the operation if the Colorado Department of Public Health and Environment determines that such a modification represents a significant change in emissions or production. A copy of the revised permit or letter from the Colorado Department of Public Health and Environment stating the existing permit is sufficient shall be submitted to the Department of Planning Services. E. The existing CDPS Permit must be amended for the increased operation if the Water Quality Control Division of the Colorado Department of Public Health and Environment determines that such a modification represents a significant change in the discharge. A copy of the revised permit, or a letter from the Colorado Department of Public Health and Environment stating the existing permit is sufficient, shall be submitted to the Department of Planning Services. F. The applicant shall submit two paper copies of the Use by Special Review Plat for review and approval. G. The applicant shall submit a written plan for review and approval to the Department of Public Health and Environment that describes how the noise, vibration, and odor will be minimized or mitigated. 2002-0829 PL1436 AMENDED USE BY SPECIAL REVIEW PERMIT#1280 - KERR-MCGEE GATHERING, LLC PAGE 4 2. Upon completion of Condition of Approval #1, 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. 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. 3. Prior to construction: A. Utilities and right-of-way permits shall be required for any pipeline, utility crossing, or Weld County rights-of-way that serve the proposed compressor site. 4. 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of May, A.D., 2002. BOARD OF COUNTY COMMISSIONERS �® �,�,�� WEL COON COLORADO ATTEST: LAW .�J �_ I n Vaad, Chair Weld County Clerk to the Siltzia ,;[4:447C i�` r r' ,�' � cc- [� � avid E. ng, Pro-Te BY: Co' li v``' Deputy Clerk to the Board 'yr il/� Q<.�,c' M. J. eile APD AS ' r William H. Jerke unty Attoorrney_ EXCUSED Robert D. Masden 5 Date of signature: /5 2002-0829 PL1436 SITE SPECIFIC DEVELOPMENT PLAN AMENDED USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS KERR-MCGEE GATHERING, LLC AMUSR #1280 1. A Site Specific Development Plan and Amended Use by Special Review Permit #1280 is for a Mineral Resource Development Facility (Amine Plant at the Platteville Compressor Station) including Oil and Gas Support and Services in the A (Agricultural) Zone District, as indicated in the application materials on file and subject to the Development Standards stated herein. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. The access road and parking/turnaround areas shall have adequate road base and shall be graded and drained to provide all-weather access to the compressor station. 4. Site soils are highly erodible. Revegetation of natural grasses shall be conducted on any land disturbed by construction. 5. 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. 6. 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. All wastes shall be appropriately handled, treated, and disposed in accordance with the application materials and all applicable rules and regulations. 7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 8. Fugitive dust shall be controlled on this site. 9. An individual sewage disposal system is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) Regulations. 10. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County I.S.D.S. Regulations. 11. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone District as delineated in Section 25-12-103, C.R.S. 12. Adequate hand washing and toilet facilities shall be provided for employees. Restroom facilities shall be available for employees upon completion of the construction at the adjacent compressor site. 2002-0829 PL1436 DEVELOPMENT STANDARDS - KERR-MCGEE GATHERING, LLC (AMUSR #1280) PAGE 2 13. The applicant shall provide additional adequate portable toilet facilities during the construction phase of the project and remove them upon completion. 14. The facility shall provide bottled water for drinking during construction of the project. 15. The facility shall maintain compliance with all requirements of the Water Quality Control Division of the Colorado Department of Public Health and Environment. 16. The facility shall comply with all rules and regulations of the Air Pollution Control Division of the Colorado Department of Public Health and Environment. 17. Utilities and right-of-way permits shall be required for any pipeline, utility crossing, or Weld County rights-of-way that may serve the proposed compressor site. 18. The facility shall utilize the existing well. Bottled water shall be provided for the employees. 19. The facility shall comply with the Above Ground Storage Tank Regulations. 20. The facility shall comply with the Rules and Regulations of the Oil and Gas Commission. 21. All structures erected upon said premises shall be removed within one year from the date that said Natural Gas Compressor Site ceases to operate and is closed. 22. Building Permits shall be obtained prior to any construction. A separate permit is required for all structures including towers and storage tanks. 23. A plan review is required for each building, tank, or tower. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for the permit. 24. Buildings shall conform to the requirements of the 1997 UBC, 1998 IMC, 1997 IPC, 1999 NEC, and Chapter 29 of the Weld County Code. 25. Buildings,tanks, and towers 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. Foundation inspections may be performed by Weld County inspection personnel, Colorado Registered Engineers,or Special Inspection Personnel with prior approval from the Building Official. 26. Building height shall be limited to the maximum height allowed per UBC Table 5-B. Wall and opening protection and limitations shall be in accordance with UBC Table 5-A. Separation of buildings of mixed occupancy classifications shall be in accordance with UBC Table 3-B and Chapter 3. Setback and offset distances shall be determined by Chapter 23 of the Weld County Code. 2002-0829 PL1436 DEVELOPMENT STANDARDS - KERR-MCGEE GATHERING, LLC (AMUSR #1280) PAGE 3 27. Personnel from the Weld County Departments of Public Health and Environment, Planning Services and Public Works 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. 28. 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. 29. 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. 30. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 31. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 32. The applicant shall submit to the Department of Public Health and Environment for review and approval an ongoing noise and odor monitoring program to be conducted by an independent party at the expense of the applicant. 2002-0829 PL1436 Hello