HomeMy WebLinkAbout20142161.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0015, 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, CIO 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, CIO Kerr-McGee Gathering, LLC,
1099 18th Street, Suite 1800, Denver, CO 80202, for a Site Specific Development Plan and Use
by Special Review Permit, USR14-0015, 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:
SE1/4 of Section 22, Township 2 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 23-2-230.6 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 ordinances in effect.
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SPECIAL REVIEW PERMIT (USR14-0015) -ANADARKO E&P COMPANY, LP,
CIO 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" 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, c/o 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. The compressor station will be surrounded by a
seven (7) foot tall chain link fence. The hours of operation are
proposed to be seven (7) days a week, twenty-four (24) hours per
day. The applicant is required to submit a Noise Abatement Plan,
Lighting Plan, and Landscape/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.B.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 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) 18 borders the site on the south and CR 21 borders
the site on the east. The properties to the north and west are cropland,
pastures, or vacant land. The closest residence is approximately 140 feet
north of the site. There are eleven (11) USRs located within one mile of
this parcel. USR-813 is for a single family dwelling and AmUSR-1231 is
for a dairy of 4,000-head of cattle and are located south of the site.
Amended USR-1356 is for livestock confinement and is located
southwest of the site. Amended USR-238 and USR-331 are both for
compressor stations and are located west of the site. USR-1408 is for a
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single family dwelling and is located north of the site, USR-1184 is for an
equine breeding and training center and is northeast of the site, USR-514
is for gravel mining and is located southeast of the site, USR-1063 is for a
24-inch gas line and is located adjacent to the west boundary of the site.
There are also two USRs for turkey farms that are no longer operating.
The Weld County Department of Planning Services has received one
phone call with concerns about the noise that the compressors will create.
The applicant held a neighborhood meeting on June 18, 2014, at the
Platteville Community Center. The applicant is required to submit a Noise
Abatement Plan, Lighting Plan, and Landscape/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.
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 Firestone and Frederick and the City of Fort Lupton. The
Town of Firestone's referral dated, May 1, 2014, states: "We would
recommend that storm runoff in excess of pre-developed rates be
detained and released at 100-yr historic rates and that development of
the site does not adversely impact natural storm drainage patterns."The
Development Standards from Weld County also have the same
requirement. The City of Fort Lupton's referral comments dated, May 22,
2014, states: "The site is currently designated as agriculture in the City of
Fort Lupton's comprehensive plan. However, the City is working on an
update to its comprehensive plan. Anadarko should contact the City of
Fort Lupton to discuss potential annexation before moving forward with
this application."and "County Road 21 is designated as a Collector in the
City's transportation plan. A 110' right-of-way is required for this
designation and the future right-of-way should be taken into consideration
for any improvements." The Town of Frederick 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.
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 60 acres
of"Prime if they become Irrigated," and 100 acres of"Other Land" per the
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1979 Soil Conservation Service Important Farmlands of Weld County
Map. This USR will not take any 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.
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,
USR14-0015, 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 address the requirements of the Fort Lupton Fire
Protection District, as stated in the referral response dated May 14, 2014.
Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
B. 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.
C. The applicant shall submit evidence of an Air Pollution Emission Notice
(A.P.E.N.) and Emissions Permit application from the Air Pollution Control
Division (APCD), Colorado Department of Health and Environment to
Environmental Health Services Division of the Weld County Department
of Public Health and Environment (WCDPHE). Alternately, the applicant
can provide evidence from the APCD that they are not subject to these
requirements.
D. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR14-0015.
2) The attached Development Standards.
3) The plat shall be prepared per Section 23-2-260.D of the Weld
County Code.
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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 Lighting Plan.
6) The approved Signage Plan.
7) The approved Landscaping and Screening Plan.
8) The approved Noise Abatement Plan.
9) CR 21 is designated on the Weld County Road Classification Plan
as a local road, which requires 110 feet of right-of-way at full
buildout. The applicant shall verify and delineate on the plat the
existing right-of-way, the documents creating the right-of-way, and
110 feet of designated future right-of-way. This road is maintained
by Weld County.
10) The applicant shall show the approved access on the plat and
label with the approved access permit number (AP14-00041).
11) The applicant shall show standard tracking control on the plat.
Standard tracking control for accesses onto gravel roads shall
include double cattle guards at the access point.
E. The property owner or operator shall provide the Department of Planning
Services with written evidence of an Emergency Action and Safety Plan,
signed by representatives of the Fire District and the Weld County Office
of Emergency Management.
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.
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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.
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
WCPHE.
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 23rd day of July, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COU TY, COLORADO
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.a�+wV .aC,Llo oG Dougl s Rade cher, C air
Weld County Clerk to the Boardefia
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ra Kirkmeyer, P o-Tern
De.u Clerk to the Boar f ,d; CUSED
186 .x•='�- . an P. Conway
' "T EDAM-r' RM:�r ►r �� �r+ed✓
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• �'ty Attorney
William . arcia
Date of signature: 9"9. PI
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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
USR14-0015
1. The Site Specific Development Plan and Use By Special Review Permit, USR14-0015,
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 noise levels on the site shall be maintained under specified limits in accordance with
the approved Noise Abatement Plan.
7. The landscaping and screening shall be maintained in accordance with the approved
Landscaping/Screening 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.
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DEVELOPMENT STANDARDS (USR14-0015) -ANADARKO E&P COMPANY, LP,
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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-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 develop an Emergency Operations and Safety Plan to be
reviewed with the Office of Emergency Management and the local Fire Protection District
on an annual basis.
19. 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.
20. 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.
21. 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.
22. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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23. Light sources shall be shielded so that 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.
24. Building permits maybe required, per Section 29-3-10 of the Weld County Code.
Currently, the following has 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.
25. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
26. 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.
27. 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.
28. 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.
29. 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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