HomeMy WebLinkAbout20151734.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0079, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES,
INCLUDING OIL AND GAS SUPPORT AND SERVICE FACILITIES (COMPRESSOR
STATION FOR NATURAL GAS AND ALL RELATED EQUIPMENT, INCLUDING, BUT
NOT LIMITED TO, EIGHT (8) COMPRESSORS, VAPOR RECOVERY UNITS,
SEPARATORS, DEHYDRATORS, STORAGE TANKS AND A LAYDOWN YARD) AND
ONE (1)70-FOOT IN HEIGHT COMMUNICATION TOWER IN THE A(AGRICULTURAL)
ZONE DISTRICT - ANADARKO E & P COMPANY, LP, C/O 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 24th day of
June, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Anadarko E & P Company, LP, do Kerr-McGee Gathering, LLC, 1099 18th
Street, Suite 1800, Denver, CO 80202, for a Site Specific Development Plan and Use by Special
Review Permit, USR14-0079, for Mineral Resource Development Facilities, including Oil and Gas
Support and Service Facilities (compressor station for natural gas and all related equipment,
including, but not limited to, eight (8) compressors, vapor recovery units, separators, dehydrators,
storage tanks and a laydown yard) and one (1) 70-foot in height Communication Tower in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
SE1/4 of Section 34, Township 3 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present and represented by Tracy Coiling,
Anadarko E & P Company, LP, 1099 18th St., Denver, CO 80202 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.
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SPECIAL REVIEW PERMIT (USR14-0079) - ANADARKO E & P COMPANY, LP, C/O
KERR-MCGEE GATHERING, LLC
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1) Section 22-5-100.A (OG.Goal 1) states: "Promote the reasonable
and orderly exploration and development of oil and gas mineral
resources."
2) Section 22-2-80.D (I.Goal 4) states: "All new industrial development
should pay its own way." The applicant will be paying for all off-site
improvements associated with this use, as required through the
Improvements Agreement.
3) Section 22-6-20.C.1 (ECON.Policy 3.1) states: "County activities
and regulation should protect the rights of private property owners
and the public health, safety and welfare, recognizing that these
basic rights and protections allow the free market to prosper and
grow the local economy." The applicant, Kerr-McGee Gathering
(KMG), LLC, is proposing a natural gas compressor station and a
laydown yard. The laydown yard will be utilized for storage of
various oil and gas support services equipment. The applicant is
proposing signage, lighting, and fencing. No landscaping is being
proposed. This is an unmanned facility, therefore no water or septic
will be installed. e hours of operation are 24 hours a day,
seven (7) days a week. The proposal includes various compression
equipment such as compressors, vapor recovery units, separators,
dehydrators, launchers, coalescers, storage tanks and additional
supporting compression equipment. There is also a 70-foot
Communication Tower proposed to allow the site to be operated
remotely. The site is not in a special flood hazard area.
B. Section 23-2-230.B.2 - The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-40.A.2 allows for a Site Specific Development Plan
and Use by Special Review Permit for Mineral Resource
Development Facilities including Oil and Gas Support and Service
Facilities (compressor station for natural gas and all related
equipment, including, but limited to, eight (8) compressors, vapor
recovery units, separators, dehydrators, storage tanks, a laydown
yard, and one (1) seventy-foot in height Communications Tower) 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. The adjacent properties are mainly
utilized for pastures and crops. The closest residence is approximately
one-half mile northwest of the site. There are two (2) USRs located within
one mile of this parcel. USR-399 is for 200 dairy cows and is located
northwest of the site, and USR-1236 is for power lines and is located
adjacent to the north boundary of the site. The Weld County Department of
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SPECIAL REVIEW PERMIT (USR14-0079) - ANADARKO E & P COMPANY, LP, 0/O
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Planning Services has not received any communication from the
surrounding property owners concerning this USR. The application
materials include a USR map with lighting, fencing, and signage delineated.
The Conditions of Approval and Development Standards for this proposal
will assist in mitigating the impacts of the facility on the adjacent properties
and ensure compatibility with surrounding land uses.
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 site is located within the three (3) mile referral area of
the Town of Platteville. The Town of Platteville did not respond with any
referral comments.
E. Section 23-2-230.B.5-The application complies with Chapter 23, Article V,
of the Weld County Code. Building Permits issued on the lot will be required
to adhere to the fee structure of the County-Wide Road Impact Fee, County
Facility Fee and Drainage Impact Fee Programs. The site is not in a special
flood hazard area.
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. The proposed facility is located on approximately 20 acres of "Prime
(Irrigated)" soils and 141 acres of "Other" soils, per the 1979 Soil
Conservation Service Important Farmlands of Weld County map. The
laydown yard is on approximately 10 acres of "Prime (Irrigated)" soils and
the gas compressor is located on "Other" soils. Once the laydown yard is
removed, the land can be used again for agricultural purposes.
G. Section 23-2-230.B.7 -- The application complies with Chapter 23,
Article V, of the Weld County Code. Building Permits issued on the lot will
be required to adhere to the fee structure of the County-Wide Road Impact
Fee, County Facility Fee and Drainage Impact Fee Programs.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Anadarko E & P Company, LP, c/o Kerr-McGee
Gathering, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR14-0079, for Mineral Resource Development Facilities, including Oil and Gas Support and
Service Facilities (compressor station for natural gas and all related equipment, including, but not
limited to, eight (8) compressors, vapor recovery units, separators, dehydrators, storage tanks
and a laydown yard) and one (1) 70-foot in height Communication Tower in the A (Agricultural)
Zone District, on the parcel of land described above be, and hereby is, granted subject to the
following conditions:
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SPECIAL REVIEW PERMIT (USR14-0079) - ANADARKO E & P COMPANY, LP, C/O
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1. Prior to recording the map:
A. An Improvements Agreement and Road Maintenance Agreement is
required for off-site improvements at this site during construction. Road
maintenance, including dust control, damage repair, specified haul routes
and future triggers for improvements, will be included.
B. If necessary, the applicant shall complete a Non-Exclusive License
Agreement for the upgrade and maintenance of Weld County Right-of-Way
(CR 33).
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR14-0079.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) Delineate the site lighting for compliance with Section 23-3-250.B.6
of the Weld County Code.
5) All signs shall be shown and shall adhere to Chapter 23, Article IV,
Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County
Code.
6) CR 26 is designated on the Weld County Road Classification Plan
as a local gravel road which requires 60 feet of right-of-way at full
buildout. The applicant shall verify and delineate 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.
This road is maintained by Weld County.
7) CR 33 is an unmaintained section line right-of-way. The applicant
shall verify and delineate the existing right-of-way and the
documents creating the right-of-way. All setbacks shall be
measured from the edge of the right-of-way. This road is not
maintained by Weld County.
8) The applicant shall show the approved access(es) and label with
the approved Access Permit Numbers (AP14-00511 for the gas
compressor and AP15-00082 for the laydown yard).
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9) If necessary, the applicant shall show the approved Non-Exclusive
License Agreement and label it with the recorded reception number
and date.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) paper copy or one (1) electronic copy (.pdf) of the map for preliminary approval
to the Weld County Department of Planning Services. Upon approval of the map
the applicant shall submit a Mylar map along with all other documentation required
as Conditions of Approval. The Mylar map shall be recorded in the office of the
Weld County Clerk and Recorder by the Department of Planning Services. The
map shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. The Mylar map and additional requirements shall be
submitted within one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution. The applicant shall be responsible for paying
the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved
April 30, 2012, should the map not be recorded within the required one hundred
twenty (120) days from the date of the Board of County Commissioners Resolution,
a $50.00 recording continuance charge shall added for each additional three (3)
month period.
4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS
Personal GeoDataBase (MDB). 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. Prior to construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required prior to the start of construction. Contact the Planning
Department for application information.
B. A Right-of-Way Use Permit is required for any work in the Weld County
Right-of-Way. Contact Weld County Public Works at 970-304-6496 ext.
3764.
C. A Transport Permit is required for any oversize and/or over weight vehicles.
Contact Weld County Public Works at 970-304-6496 ext. 3764.
6. Prior to Operation:
A. Construction of the approved access and/or tracking control improvements
is required prior to operation.
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SPECIAL REVIEW PERMIT (USR14-0079) - ANADARKO E & P COMPANY, LP, C/O
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B. The applicant shall develop an Emergency Action and Safety Plan with the
Office of Emergency Management and the Fire District. The plan shall be
reviewed on an annual basis by the Facility operator, the Fire District and
the Weld County Office of Emergency Management. The applicant shall
submit evidence of acceptance to the Department of Planning Services.
7. 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 map
is ready to be recorded in the office of the Weld County Clerk and Recorder or the
applicant has been approved for an early release agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of June, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, COLD ADO
ATTEST: dadt, �C1� t. rat kot
bara Kirkmeyer,-- CHair
Weld County Clerk to the Board �"(/1A-e..
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Mike Freeman, Pro-Tem
De 41u Clerk to the Boar. �ar,*. � p
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Date of signature:
2015-1734
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ANADARKO E & P COMPANY, LP, C/O KERR-MCGEE GATHERING, LLC
USR14-0079
1. The Site Specific Development Plan and Use By Special Review Permit, USR14-0079, is
for Mineral Resource Development Facilities including Oil and Gas Support and Service
Facilities (compressor station for natural gas and all related equipment, including, but not
limited to, eight (8) compressors, vapor recovery units, separators, dehydrators, storage
tanks, a laydown yard, and one (1) seventy-foot in height communications tower) in the A
(Agricultural) Zone District, 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.
applicant.
This is an unmanned facility as stated by the
4. The hours of operation will be 24 hours a day, 7-days a week, as stated by the applicant.
5. The parking on the site shall be maintained.
6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
7. Co-location of other antennas by other service providers shall be allowed as long as the
tower can structurally support it and if the tenant using the tower is in agreement with the
Operator's Master Service Agreement.
8. The property owner or operator shall provide written evidence of an Emergency Action and
Safety Plan on or before March 15 of any given year, signed by representatives of the Fire
District and the Weld County Office of Emergency Management, to the Department of
Planning Services.
9. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
10. The historical flow patterns and runoff amounts will be maintained on the site.
11. Weld County is not responsible for the maintenance of on-site drainage related features.
12. There shall be no parking or staging of vehicles on County roads. On-site parking shall be
utilized.
13. 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.
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14. 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.
15. 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.
The facility shall operate in accordance with the accepted Waste Handling Plan, and with
Chapter 14, Article 1 of the Weld County Code, at all times.
16. Fugitive dust should attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations.
17. Adequate drinking, handwashing, and toilet facilities shall be provided for employees and
patrons of the facility, at all times. As employees or contractors are on-site for less than
two (2) consecutive hours a day, portable toilets and bottled water are acceptable. Records
of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis
and available for review by the Weld County Department of Public Health and Environment.
Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain
hand sanitizers.
18. All potentially hazardous chemicals must be 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). All chemicals must be stored secure, on
an impervious surface, and in accordance with manufacturer's recommendations.
19. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR, Part 112, shall be available on-site.
20. This facility shall adhere to the maximum permissible noise levels allowed in the
Non-Specified Zone, as delineated in Section 14-9-30 of the Weld County Code, or with all
applicable state noise statutes and/or regulations.
21. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
22. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any light
source may create a traffic hazard to operators of motor vehicles on public or private streets.
No colored lights may be used which may be confused with, or construed as, traffic control
devices.
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DEVELOPMENT STANDARDS (USR14-0079) - ANADARKO E & P COMPANY, LP, C/O
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23. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently,
the following have been adopted by Weld County: 2012 International Codes, 2006
International Energy Code, and 2011 National Electrical Code. A Building Permit Application
must be completed and two (2) complete sets of engineered plans bearing the wet stamp of
a Colorado registered architect or engineer must be submitted for review. A Geotechnical
Engineering Report, performed by a Colorado registered engineer, shall be required or an
Open Hole Inspection.
24. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
25. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment 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
Conditions of Approval and Development Standards stated herein and all applicable Weld
County regulations.
26. 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.
27. 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.
28. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the Weld
County Code, shall be placed on the map and recognized at all times.
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