HomeMy WebLinkAbout20143193.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0048, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES,
OIL AND GAS SUPPORT AND SERVICE, INCLUDING OIL AND GAS PROCESSING
FACILITIES AND RELATED EQUIPMENT, CENTRALIZED OIL STABILIZATION
FACILITY, TRANSLOADING; AND ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS, PROVIDED THAT THE PROPERTY IS NOT A LOT
IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR PART OF A MAP OR
PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS AND MORE THAN TWO (2) CARGO (CONEX) CONTAINERS IN THE
A (AGRICULTURAL) ZONE DISTRICT - RUSSELL GURTLER, JR. FAMILY TRUST
C/O KERR-MCGEE OIL & GAS ONSHORE, LP
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 22nd day
of October, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Russell Gurtler, Jr. Family Trust, 7538 CR 49, Hudson, CO
80642-9302, c/o Kerr-McGee Oil & Gas Onshore, LP, 1099 18th Street, 6th Floor, Denver, CO
80202, for a Site Specific Development Plan and Use by Special Review Permit, USR14-0048,
for Mineral Resource Development Facilities, Oil and Gas Support and Service, including Oil
and Gas Processing Facilities and related equipment, centralized oil stabilization facility,
transloading; and any Use permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts, provided that the property is not a lot in
an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any
regulations controlling subdivisions and more than two (2) cargo (conex) containers in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot B of Recorded Exemption, RECX14-0092;
being part of the N1/2 SE1/4 of Section 24,
Township 3 North, Range 65 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was present and represented by Joel Aucoin,
Project Manager for Anadarko Petroleum Corporation, 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:
2014-3193
C C•CR,h,P 3 I-)L, AfpL 12/to PL2298
SPECIAL REVIEW PERMIT (USR14-0048) - RUSSELL GURTLER, JR. FAMILY TRUST, CIO
KERR-MCGEE OIL & GAS ONSHORE, LP
PAGE 2
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.
1) Section 22-2-80.D (I.Goal 4) states: "All new industrial
development should pay its own way."The applicant, Kerr-McGee
Oil and Gas Onshore, LP, will be paying for all on-site
improvements associated with this Use, as required through the
Improvements Agreement. Further, I.Policy 5.1 Industrial Uses,
should be evaluated using criteria including, but not limited to, the
effect the industry would have on air and water quality, natural
drainage ways, soil properties and natural patterns and suitability
of the land; I.Policy 5.2 Development Improvements, should
minimize permanent visual scarring from grading, road cuts and
other site disturbances. Require stabilization and landscaping of
final land forms, and that runoff be controlled at historic levels.
2) Section 22-2-80.E (I.Goal 5) states: "New industrial uses or
expansion of existing industrial uses should meet existing federal,
state and local policies and legislation." The Kerr-McGee
/Anadarko Petroleum Corporation infrastructure improvements are
part of a storage, pipeline and gas processing network
necessitated by the need to move larger volumes of gas due to
the recent increases in drilling activity and projected additional
production increases. The attached Conditions of Approval and
Development Standards, including the requirement that the
applicant submit a Lighting Plan, will address and mitigate impacts
on the surrounding area. The applicant will also be required to
submit an approved Drainage Report and supporting construction
drawings to address stormwater and drainage issues associated
with the development of this site. Further, the applicant will be
required to obtain a Grading Permit if more than one (1) acre is
disturbed prior to construction, which will include, at a minimum,
an Erosion and Sediment Control Plan, a Grading Plan,
installation details of all Best Management Practices (BMPs) to be
utilized, typical installation and maintenance notes for all BMPs to
be utilized, and a copy of the approved Colorado Department of
Public Health and Environment (CDPHE) Stormwater Permit. The
proposed application will be required to meet all applicable
federal, state and local requirements. The proposed facility
expands on the existing pipeline and associated infrastructure in
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4- - RUSSELL GURTLER, JR. FAMILY TRUST, C/O
SPECIAL REVIEW PERMIT (USR14-0048) USS
(
KERR-MCGEE OIL & GAS ONSHORE, LP
PAGE 3
this area of the County in an effort to move a commodity efficiently
and effectively to market while reducing the Volatile Organic
Compound (VOC) footprint in the DJ Basin.
B. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Citing the following Weld County Code
Sections, Section 23-3-40.A.1 provides for an Oil and Gas Support and
Service Facility, including the twin tank farm; Section 23-3-40.A.2
provides for the gas processing component; Section 23-3-40.A.7 provides
for the transloading component that is part of the facility; Section
23-3-40.S provides for any Use permitted as a Use by Right, Accessory
Use, or Use by Special Review, in the Commercial or Industrial Zone
Districts, provided that the property is not a lot in an approved or recorded
subdivision plat or part of a map or plan filed prior to adoption of any
regulations controlling subdivisions and Section 23-3-40.BB addresses
more than the number of cargo containers allowed as a Use by Right, per
legal lot or parcel in the A (Agricultural) Zone District.
C. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The property slopes
slightly to the south and historically was utilized as dryland agriculture.
Multiple gas pipelines bisect the property and there are six (6) Noble
Energy wells that impact the use of the property to varying degrees. In the
immediate area, there is no residential development, although there are
residences to the north, south and west, with the nearest residence being
approximately 500 feet north of the north property line. There is industrial
type development immediately adjacent to this proposed facility, including
White Cliffs/ Rose Rock Oil Polishing Plant and associated tank farm
upload facility and several high pressure pipelines permitted through
Weld County and permitted by other agencies. There are thirteen (13)
property owners and 16 parcels within five hundred (500) feet of this
proposed facility, and to date there have been no telephone calls or
correspondence received from surrounding property owners or interested
persons concerning this land use application.
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 not located within a three (3) mile referral area
of any municipality, nor is it located within any existing Intergovernmental
Agreement Area (IGA) of a municipality.
E. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The property is not within the Airport,
Special Flood Hazard Area or Geologic Hazard Overlay districts. Building
Permits issued on the lot will be required to adhere to the fee structure of
2014-3193
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SPECIAL REVIEW PERMIT (USR14-0048) - RUSSELL GURTLER, JR. FAMILY TRUST, C/O
KERR-MCGEE OIL & GAS ONSHORE, LP
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the County-Wide Road Impact Fee, County Facility Fee and Drainage
Y P 9
Impact Fee Programs.
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 proposed facility is located on "Prime if they become
irrigated" and "Other" Lands, per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. There is no irrigation water
associated with the property and in recent years has been utilized as
dryland without site improvements. The property is further encumbered by
six (6) well heads and associated surface piping, thereby making
agricultural practices difficult.
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 can ensure
that there are adequate provisions for the protection of 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 Russell Gurtler, Jr. Family Trust c/o Kerr-McGee
Oil & Gas Onshore LP, for a Site Specific Development Plan and Use by Special Review
Permit, USR14-0048, for Mineral Resource Development Facilities, Oil and Gas Support and
Service, including Oil and Gas Processing Facilities and related equipment, centralized oil
stabilization facility, transloading; and any Use permitted as a Use by Right, Accessory Use, or
Use by Special Review in the Commercial or Industrial Zone Districts, provided that the property
is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to
adoption of any regulations controlling subdivisions and more than two (2) cargo (conex)
containers 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 applicant shall attempt to address the concerns of the Colorado
Interstate Gas Company, LLC, as stated in the referral dated September
12, 2014. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
B. The applicant shall submit a Screening/ Landscape Plan for review and
approval. All areas utilized for storage shall be screened from adjacent
properties and public rights-of-way.
C. The applicant shall submit a Signage Plan, for review and approval, if
signage is desired. Signs shall be in compliance with Chapter 23,
Article IV, Division II and Appendices 23-C, 23-D and 23-E of the Weld
County Code.
2014-3193
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SPECIAL REVIEW PERMIT (USR14-0048) - RUSSELL GURTLER, JR. FAMILY TRUST, CIO
KERR-MCGEE OIL & GAS ONSHORE, LP
PAGE 5
D. An Improvements Agreement and Road Maintenance Agreement is
required for this site. Road maintenance, including dust control, damage
repair, and triggers for improvements, will be included.
E. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR14-0048.
2) The attached Development Standards.
3) The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas. Areas used for storage or trash collection
shall be screened from adjacent properties and public
rights-of-way. These areas shall be designed and used in a
manner that will prevent trash from being scattered by wind or
animals.
5) The approved Screening/ Landscape Plan.
6) The approved Lighting Plan.
7) The approved Signage Plan.
8) County Road 30 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. An additional 10 feet shall be delineated on the plat as future
CR 30 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 this
information shall be noted on the plat. If the right-of-way cannot be
verified, it shall be dedicated. This road is maintained by Weld
County.
9) County Road 49 Parkway requires 140' feet of right-of-way for
2016 and 2017 road improvements. There is presently 60 feet of
right-of-way. An additional 340 feet shall be delineated on the map
as future County Road 49 right-of-way for future build out. 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 this information shall be
noted on the map. This road is maintained by Weld County.
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SPECIAL REVIEW PERMIT (USR14-0048) - RUSSELL GURTLER, JR. FAMILY TRUST, C/O
KERR-MCGEE OIL & GAS ONSHORE, LP
PAGE 6
10) The approved access on the map and label with the approved
Access Permit Number AP14-00390.
11) Delineate the standard tracking control.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version (.pdf), or one (1) paper copy, of the plat to the Weld County
Department of Planning Services for preliminary approval. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. Upon approval of the plat, the applicant shall submit a Mylar plat,
along with all other documentation required as Conditions of Approval. The Mylar
plat and additional requirements shall be submitted within one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution. The
Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder
by the Department of Planning Services. 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.
B. A Right-of-Way Permit is required for any work within the public
right-of-way.
C. A Special Transport Permit is required for any over size or over weight
vehicles.
6. Prior to Operation:
A. 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. Submit
evidence of acceptance to the Department of Planning Services.
2014-3193
PL2298
SPECIAL REVIEW PERMIT (USR14-0048) - RUSSELL GURTLER, JR. FAMILY TRUST, C/O
KERR-MCGEE OIL & GAS ONSHORE, LP
PAGE 7
7. Prior to the issuance of the Certificate of Occupancy:
A. An Individual Sewage Disposal System (I.S.D.S.) is required for the
proposed facility and shall be installed according to the Weld County
I.S.D.S. Regulations. The septic system is required to be designed by a
Colorado registered professional engineer, according to the Weld County
I.S.D.S. Regulations.
8. Within six (6) months of commencement of operations:
A. A signed copy of the Spill Prevention, Control and Countermeasure Plan
shall be provided to Environmental Health Services Division of the Weld
County Department of Public Health and Environment (WCDPHE).
9. 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 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 22nd day of October, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNT LORADO
ATTEST: Wagamires;a c � (o L d✓
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Weld County Clerk to the : .ard /' ;
�Jd arbara Kirk e er Pro-Tern
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Deputy C,' r t. the Boa : isn't = ���� •
an P. Conway
APPROVED AS TO FORM: 0u riftittrl
Mike Free
)��a1'IJ,r� �•
A- ount Attorney
VIII iamGarcia
Date of signature: /l/9-1 /72O/71
2014-3193
PL2298
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RUSSELL GURTLER JR FAMILY TRUST
C/O KERR-MCGEE OIL & GAS ONSHORE, LP
USR14-0048
1. The Site Specific Development Plan and Use by Special Review Permit, USR14-0048, is
for Mineral Resource Development Facilities, Oil and Gas Support and Service,
including, oil and gas processing facilities and related equipment, centralized oil
stabilization facility; transloading; any use permitted as a Use by Right, Accessory use,
or Use by Special Review in the Commercial or Industrial Zone Districts, provided that
the property is not a lot in an approved or recorded subdivision plat or part of a map or
plan filed prior to adoption of any regulations controlling subdivisions and more than two
cargo (conex) containers 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.
3. The number of on-site employees shall be commensurate with the number of persons
which the septic system may accommodate in accordance with the requirements of the
Weld County Code, pertaining to On-site Wastewater Treatment Systems (O.W.T.S.)
regulations.
4. The hours of operation are twenty-four (24) hours a day, seven (7) days a week, 365
days a year, as stated by the applicant(s).
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.
7. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions. The applicant shall
operate in accordance with the approved Waste Handling Plan, at all times.
8. 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.
9. The applicant shall obtain an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit from the Air Pollution Control Division, Colorado Department of Public Health and
Environment (CDPHE), as applicable.
10. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times.
2014-3193
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DEVELOPMENT STANDARDS (USR14-0048) - RUSSELL GURTLER, JR. FAMILY TRUST
C/O KERR MCGEE OIL& GAS ONSHORE LP
PAGE 2
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
On-site Wastewater Treatment Systems (OWTS).
12. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
13. 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.
14. The Spill Prevention, Control and Countermeasure Plan shall be available on-site, at all
times.
15. 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.
16. The applicant shall obtain a Colorado Discharge Permit System (CDPS) Permit from the
CDPHE, Water Quality Control Division, as applicable.
17. In accordance with Colorado Oil and Gas Conservation (COGCC) Commission Rule
604, a spillage retention berm shall be constructed around the aboveground storage
tanks. The volume retained by the spillage berm should be greater than the volume of
the largest tank inside the berm and sufficient freeboard to contain precipitation.
Alternative protective measures may be allowed provided they comply with the COGCC
regulations.
18. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
19. 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.
20. The screening/landscape/signage/lighting on the site shall be maintained in accordance
with the approved Screening/Landscape/Signage/Lighting Plans.
21. 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.
22. The historical flow patterns and runoff amounts will be maintained on the site.
2014-3193
PL2298
DEVELOPMENT STANDARDS (USR14-0048) - RUSSELL GURTLER, JR. FAMILY TRUST
C/O KERR MCGEE OIL & GAS ONSHORE LP
PAGE 3
23. Weld County is not responsible for the maintenance of on-site drainage related features.
24. There shall be no parking or staging of vehicles on County roads. On-site parking shall
be utilized.
25. 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.
26. The property owner or operator shall provide written evidence of an approved
Emergency Action and Safety Plan on or before March 15th of any given year signed by
representatives for the Fire District and the Weld County Office of Emergency
Management to the Weld County Department of Planning Services.
27. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
28. 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.
29. 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.
30. 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.
31. 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 plat and recognized at all times.
2014-3193
PL2298
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