HomeMy WebLinkAbout20142118.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0013, 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 ONE (1) SEVENTY-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 23rd day
of July, 2014, 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, C/O Kerr-McGee Gathering, LLC,
1099 18th Street, Suite 1800, Denver, CO 80202, for a Site Specific Development Plan and Use
by Special Review Permit, USR14-0013, 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 one (1) seventy-foot in height communication tower) in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot C of Recorded Exemption, RE-3621; being part
of the NW1/4 of Section 15, Township 3 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present and represented by Nathan
Keiser, 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:
CC: CRC& Pt_(Ng)?w(Dc)
1 {L LL3 A pptCoant 2014-2118
9/6 PL2277
SPECIAL REVIEW PERMIT (USR14-0013) -ANADARKO E&P COMPANY, LP,
C/O KERR-MCGEE GATHERING, LLC
PAGE 2
A. Section 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinances in effect.
1) Section 22-5-100.A (OG.Goal 1) states: "Promote the reasonable
and orderly exploration and development of oil and gas mineral
resources" and Section 22-2-80.D (I.Goal 4) states: "All new
industrial development should pay its own way." The applicant,
Anadarko E&P Company, LP, do Kerr-McGee Gathering, LLC,
will be paying for all on-site and off-site improvements associated
with this use as required through the improvements agreement.
2) 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 is proposing a natural gas
compressor station that includes signage, lighting, and a security
fence on the site. No landscaping is proposed. The compressor
station will be surrounded by a seven (7) foot tall chain link. The
hours of operation will be seven (7) days a week, twenty-four (24)
hours per day. The application materials include a Noise
Abatement Plan, Lighting Plan, Signage Plan, and Landscaping
and Screening Plan. Adherence to these plans, along with the
attached 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.
B. Section 23-2-230.6.2 -- 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 which provides 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 not limited to,
eight (8) compressors, vapor recovery units, separators, dehydrators,
storage tanks, and one (1) seventy-foot in height communication 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, crops, and rural residences.
County Road (CR) 34 borders the site on the north and CR 19 borders
the site on the west. The properties to the south and east are cropland.
The closest residence is approximately 60 feet north of the southern
property line. There are thirteen (13) USRs located within one mile of this
parcel. Amended AmUSR-127 is for 8,000-head of cattle, USR-338 is for
gravel mining, and USR-1040 is for an Agricultural Service Establishment
that is located south of the site. USR-1095 is for gravel mining and is
2014-2118
PL2277
SPECIAL REVIEW PERMIT (USR14-0013) -ANADARKO E&P COMPANY, LP,
C/O KERR-MCGEE GATHERING, LLC
PAGE 3
located east of the site, USR-43 is for a waste water treatment plant,
USR-1063 and USR-1647 are for the Ft. Saint Vrain Generating Facility
and PV Demonstration Project, which are located to the north of the site.
Also surrounding the site are six (6) USRs for either gas lines or power
lines. The Weld County Department of Planning Services has not
received any correspondence from the surrounding property owners that
objects to this Use by Special Review. The application materials include a
Noise Abatement Plan, Lighting Plan, Signage Plan, and Landscaping
and Screening Plan. Adherence to these plans, along with the attached
and 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 23-2-230.6.4 -- 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 located within the three (3) mile referral area of
the Towns of Milliken, Firestone, Mead, and Platteville. The Town of
Milliken's referral, dated May 7, 2014, indicated no concerns. The Towns
of Firestone, Mead, and Platteville did not respond with any referral
comments.
E. Section 23-2-230.6.5 — 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.
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 approximately 90 acres
Prime (Irrigated) and approximately 60 acres of "Prime if they become
Irrigated," per the 1979 Soil Conservation Service Important Farmlands of
Weld County Map. This Use by Special Review will take approximately
ninety (90) acres of Prime (Irrigated) Farmland 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.
2014-2118
PL2277
SPECIAL REVIEW PERMIT (USR14-0013) -ANADARKO E&P COMPANY, LP,
C/O KERR-MCGEE GATHERING, LLC
PAGE 4
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,
USR14-0013, 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 one (1) seventy-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:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR14-0013.
2) The attached Development Standards.
3) The plat shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) The approved Noise Abatement Plan.
5) The approved Landscaping and Screening Plan.
6) The approved Lighting Plan.
7) The approved Signage Plan.
8) 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.
9) CR 19 is designated on the Weld County Road Classification Plan
as a collector road, which requires 80 feet of right-of-way at full
q 9 Y
buildout. There is presently 60 feet of right-of-way. An additional
10 feet shall be delineated on the plat as future CR 19
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.
2014-2118
PL2277
SPECIAL REVIEW PERMIT (USR14-0013) -ANADARKO E&P COMPANY, LP,
C/O KERR-MCGEE GATHERING, LLC
PAGE 5
10) CR 34 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 34
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.
11) The applicant shall show the approved access on the plat and
label it with the approved access permit number (AP14-0090).
12) The applicant shall show standard tracking control on the plat.
Standard tracking control for accesses onto paved roads includes
either 300 feet of pavement on-site or 100 feet of pavement, plus
double cattle guards.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version (.pdf), or three (3) paper copies, 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
q PP
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 plat 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.
2014-2118
PL2277
SPECIAL REVIEW PERMIT (USR14-0013) -ANADARKO E&P COMPANY, LP,
C/O KERR-MCGEE GATHERING, LLC
PAGE 6
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. Within six (6) months of operation:
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).
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 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 23rd day of July, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:d r�_� L two (cc ('1cYa oSN`�
Cc// Kjw K Dougla Rademacher, Chair
Weld County Clerk to the Board •
I ( I • � '+ rbara Ki�r, ro-Tm ,
BY.'�
De• jy Clerk to e Boar CUSED
n P. Conway
%rne ..
RM: � • ?✓LCFim.
�����+•.� Mike Freema
y ��
F. Garcia
Date of signature: 9/4
2014-2118
PL2277
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ANADARKO E&P COMPANY, LP
C/O KERR-MCGEE GATHERING, LLC
USR14-0013
1. The Site Specific Development Plan and Use By Special Review Permit, USR14-0013,
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, and one (1) seventy-foot in height communication 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.
3. The hours of operation will be 24 hours per day, 7 days a week, as stated by the
applicant.
4. The signage on the site shall be maintained in accordance with the approved Signage
Plan.
5. The lighting on the site shall be maintained in accordance with the approved Lighting
Plan.
6. The landscaping and screening on the site shall be maintained in accordance with the
approved Landscaping and Screening Plan.
7. The noise levels on the site shall be maintained under specified limits in accordance
with the approved Noise Abatement Plan.
8. 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 Section 15-1-180 of the Weld County Code.
9. The historical flow patterns and runoff amounts will be maintained on-site.
10. There shall be no parking or staging of vehicles on County roads.
11. 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.
12. 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.
2014-2118
PL2277
DEVELOPMENT STANDARDS (USR14-0013) -ANADARKO E&P COMPANY, LP, C/O
KERR-MCGEE GATHERING, LLC
PAGE 2
13. 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.
14. 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.
15. 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 the site for less
than two 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 (WCDPHE). Portable toilets shall be serviced by a cleaner licensed in
Weld County and shall contain hand sanitizers.
16. 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.
17. The Spill Prevention, Control and Countermeasure Plan shall be available on-site, at all
times.
18. The applicant shall obtain a Colorado Discharge Permit System (CDPS) Permit from the
Colorado Department of Public Health and Environment (CDPHE), Water Quality Control
Division, as applicable.
19. In accordance with Colorado Oil and Gas Conservation Commission (COGCC)
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.
20. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
21. 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 of the adjacent
properties in accordance with the plan. Neither the direct, not 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.
2014-2118
PL2277
DEVELOPMENT STANDARDS (USR14-0013) -ANADARKO E&P COMPANY, LP, CIO
KERR-MCGEE GATHERING, LLC
PAGE 3
22. 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
engineeredplans bearing
Application must be completed and two (2) complete sets of e g
PP P P
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.
23. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
24. 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.
25. 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.
26. 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.
27. 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.
2014-2118
PL2277
Hello