HomeMy WebLinkAbout20020830 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimlin that the following resolution along with the addition of a Development Standard
#32 and Condition to Prior to Recording the Plat#1G, be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: AmUSR-1280
PLANNER: Carla Angeli
APPLICANT: Kerr-McGee Gathering, LLC
1999 Broadway, Suite 3600
Denver, Colorado 80202
REQUEST: A Site Specific Development Plan and a Special Review Permit for a
Mineral Resource Development Facility including Oil and Gas Support
and Services in the A(Agricultural)Zone District (Amine Plant at the
Platteville Compressor Station)
LEGAL DESCRIPTION: Part of the W2, NE4, SE4 and the E2, NW4, SE4 of Section 13
Township 3 North, Range 66 West of the 6th P.M., Weld County,
Colorado
LOCATION: 1/4 mile West of Weld County Road 37 and approximately 1/4 mile
North of Weld County Road 32
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-
260 of the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with
Section 23-2-220 of the Weld County Code as follows:
a. Section 23-2-220.A.1 --The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect. Section 22-5-100.A.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 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 23-2-220.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 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, USR-1280 as approved by the Board of
County Commissioners on October 4, 2000.
c. Section 23-2-220.A.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, 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 mile to the northwest of the plant and one house
located to the southeast of the site on Weld County Road 32. The addition of the amine
plant equipment will have little, if any, additional impact on surrounding properties. r p
d. Section 23-2-220.A.4 --The uses which will be permitted will be compatible with future SI Ap
development of the surrounding area as permitted by the existing zoning and with the r 01
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Resolution AmUSR-1280
Kerr McGee
Page 2
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 23-2-220.A.5--The application complies with Section 23-5 of the Weld County
Code. The site does not lie within an Overlay District.
f. Section 23-2-220.A.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 23-2-220.A.7 --The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval
and Development Standards ensure that there are adequate provisions for the
protection of health, safety, and welfare of the inhabitants of the neighborhood and
County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
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.
(Departments of Public Works and Planning Services)
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. (Department of 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. (Department of Public Health and Environment)
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. (Department of Public Health and Environment)
F. The applicant shall submit two paper copies of the Use by Special Review plat for
review and approval. (Department of Planning Services)
Resolution AmUSR-1280
Kerr McGee
Page 3
G. The applicant shall submit a written plan for review and approval to the Department of
Public Health and Environment t that describes how the noise, vibration and odor will be
minimized or mitigated.
2. 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.
3. Prior to construction:
1. Utilities and right-of-way permits shall be required for any pipeline, utility crossing, or
utilizing Weld County rights-of-way that way serve the proposed compressor site.
(Department of Planning Services)
4. 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)
Motion seconded by Cristie Nicklas.
VOTE:
For Passage Against Passage
Michael Miller
Bryant Gimlin
Cristie Nicklas
Cathy Clamp
Fred Walker
John Folsom
Luis Llerena
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, Voneen Macklin, 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 19, 2002.
Dated the 19th of March, 2002.
Voneen Macklin
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Kerr-McGee Gathering, LLC
AmUSR-1280
1. A Site Specific Development Plan and a Special Review Permit for a Mineral Resource
Development Facility including Oil and Gas Support and Services in the A(Agricultural)Zone District
(Amine Plant at the Platteville Compressor Station),as indicated in the application materials on file
and subject of 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. (Department of Planning Services)
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,
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. (Department of Public Health and Environment)
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, 30-20-100.5, C.R.S., as amended. All wastes shall be appropriately handled,
treated, and disposed in accordance with the application materials and all applicable rules and
regulations. (Department of Public Health and Environment)
7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Department of Public Health and
Environment)
8. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
9. An individual sewage disposal system is required for the proposed facility and shall be installed
according to the Weld County Individual Sewage Disposal (I.S.D.S.) Regulations. (Department of
Planning Services)
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. (Department of Planning Services)
11. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone
District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment)
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. (Department of Public Health and Environment)
13. The applicant shall provide additional adequate toilet facilities(port-a-potty)during the construction
phase of the project and removed upon completion. (Department of Public Health and
Environment)
14. The facility shall provide bottled water for drinking during construction of the project. (Department
of Public Health and Environment)
15. The facility shall maintain compliance with all requirements of the Water Quality Control Division of
the Colorado Department of Public Health and Environment. (Department of Public Health and
Environment)
Resolution AmUSR-1280
Kerr McGee
Page 2
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. (Department of Public Health and
Environment)
17. Utilities and right-of-way permits shall be required for any pipeline, utility crossing, or utilizing Weld
County rights-of-way that may serve the proposed compressor site. (Department of Public Works)
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. (Department of Building Inspection)
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. (Department of Building Inspection)
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. (Department of Building Inspection)
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.
(Department of Building Inspection)
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. (Department of Planning Services).
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 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.
Resolution AmUSR-1280
Kerr McGee
Page 3
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 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.
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