HomeMy WebLinkAbout20142507.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0019, 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
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 20th day
of August, 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, 1099 18th Street, Suite 1800, Denver,
CO 80202, for a Site Specific Development Plan and Use by Special Review Permit,
USR14-0019, 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 B of Recorded Exemption, RE-3668; being part
of the NW1/4 of Section 35, Township 3 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, as 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 23-2-230.6 of the Weld County Code as follows:
e•. t`'L(bA�PW0►10II'L(L►�G4(B Apps.
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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 22-5-100.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 on-site and 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 is proposing a natural gas
compressor station with signage, lighting, and fencing. The hours
of operation are proposed to be 24 hours a day and seven (7)
days a week. The application materials include a Lighting Plan.
Staff is requiring a Noise Abatement Plan and a Landscape Plan.
Adherence to these two 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.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. 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 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.
The closest residence is approximately 40 feet north of the site. There are
three (3) USRs located within one mile of this parcel. USR-1513 is for a
recreational facility and is located northwest of the site. USR-1063 is for a
24-inch gas line and is located one-half mile west of the site. Amended
USR-626 is for a bird hunting operation and is located northeast of the
site. The Weld County Department of Planning Services has received one
phone call with concerns about the noise created by the compressors.
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The applicant held a neighborhood meeting on June 18, 2014, at the
Platteville Community Center
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 Towns of Platteville and Firestone. The Town of Platteville's referral
dated May 27, 2014, indicated no concerns. The Town of Firestone 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 77 acres
of "Prime (Irrigated)," per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. This USR will take approximately 77
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 can ensure
that there are adequate provisions for the protection of the 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 Anadarko E&P Company, LP, for a Site Specific
Development Plan and Use by Special Review Permit, USR14-0019, 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 applicant shall submit a Landscaping/Screening Plan to the
Department of Planning Services for review and approval.
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B. The applicant shall submit a Noise Abatement Plan to the Department of
Planning Services for review and approval.
C. The property owner or operator shall provide written evidence of an
Emergency Action and Safety Plan on or before March 1st 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.
D. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR14-0019.
2) The attached Development Standards.
3) The plat shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) The plat shall delineate the trash collection areas.
Section 3-3-350.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 Lighting Plan.
6) The approved Landscape/Screening Plan.
7) The approved Signage Plan.
8) County Roads (CR) 21.5 and 28 are designated on the Weld
County Road Classification Plan as paved collector roads, which
require 80 feet of right-of-way at full buildout. There is presently
60 feet of right-of-way. An additional ten (10) feet shall be
delineated on the plat as future 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) The applicant shall show the approved access and label with the
approved access permit number, which will be provided.
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10) The applicant shall show standard tracking control on the plat.
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
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 days da s 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.
6. Within six (6) months of operation:
A. A signed copy of the Spill Prevention, Control and Countermeasure Plan
shall be provided to the 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of August, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: did., s• QostiLai-
�r+c�� Dougl s Rademacher, Chair
Weld County Clerk to the Bo- ►,� ]Le / /�
EXCUSED
:rbara Kirkmeyer, Pro-Tem
De utiOCIerk to the :oa
-
can P. Conway
♦ 3 . --
AP ED ORM:
Mike Free n
County Attorney
William . Garcia
Date of signature: /7
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ANADARKO E&P COMPANY, LP
USR14-0019
1. The Site Specific Development Plan and Use By Special Review Permit,
USR14-0019, 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 a day, seven (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 landscaping and screening on the site shall be maintained in accordance
with the approved Landscaping/Screening Plan.
6. 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.
7. The historical flow patterns and runoff amounts will be maintained on the site.
8. There shall be no parking or staging of vehicles on county roads. On-site parking
shall be utilized.
9. 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.
10. 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.
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11. 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.
12. 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.
13. Adequate drinking, hand washing 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 (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 (WCDPHE).
Portable toilets shall be serviced by a cleaner licensed in Weld County and shall
contain hand sanitizers.
14. 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.
15. The Spill Prevention, Control and Countermeasure Plan shall be available on the
site, at all times.
16. 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. The applicant shall
operate in accordance with the approved Noise Abatement Plan at all times.
17. 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.
18. 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.
19. The operation shall comply with all applicable rules and regulations of state and
federal agencies and the Weld County Code.
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20. 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.
21. 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.
22. The property owner or operator shall be responsible for complying with the
Design and Operation Standards of Chapter 23 of the Weld County Code.
23. 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.
24. 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.
25. 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.
26. 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.
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