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HomeMy WebLinkAbout20092536.tiff• • BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Roy Spitzer, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-1703 APPLICANT: Douglas & Deborah Duggan do Petro Canada Resources PLANNER: Kim Ogle REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development Facility including Oil and Gas Support and Services (compressor station) in the A (Agricultural) Zone District. LEGAL DESCRIPTION: Part of the NW4 of Section 4, T10N, R61 W of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to CR 122 and approximately 1/4 mile east of CR 89. be recommended favorably to the Board of County Commissioners 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 Planning Commission that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-5-100.A (OG.Goal 1.) states, "Oil and gas exploration and production should occur in a manner which minimizes the impact to agricultural uses and the environment and reduces the conflicts between mineral development and current and future surface uses." Further, Section 22-5-100.B (OG.Goal.2) states, "The extraction of oil and gas resources should conserve the land and minimize the impact on surrounding land." The request for a Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development Facility including a Natural Gas Processing Facility in the A (Agricultural) Zone District is the site of an abandoned compressor station site which was originally leased by Juniper Gas Gathering System in 1986. There is no evidence of a land use permit for this facility. The proposed facility is required by the need to move larger volumes of gas from this facility onto the Lilli Gas Processing facility (which is located in the SW4 Section 4, T8N, R58W) due to the recent increases in drilling activity and projected additional increases in the Grover field system. B. Section 23-2-220.A.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 Oil and Gas Support and Service as a Use by Special Review in the A (Agricultural) Zone District, more specifically described as a Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development Facility for Oil and Gas Support and Service, including a Natural Gas Processing Facility in the A (Agricultural) Zone District. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The proposed facility is on a one -acre parcel formerly utilized as a compressor station. The property is fenced with three stand barb wire on wood posts with a metal gate at the point of ingress and egress. In all directions, agricultural lands dominate: to the North of CR 122 are undeveloped range and grazing land with oil and gas wells and tank batteries; to the South are lands associated with range/grazing and oil and gas development; to the West are range/grazing lands and the Town Limits for the Town of Grover; and to the East are range/grazing lands and oil and gas wells. There are six property owners within five hundred feet of this application, with the nearest residence being 1500 feet southwest and 2000 feet west of the proposed facility. Staff has received no correspondence (electronic and! or letters), telephone inquiries or inspection of the case file by interested parties. 2009-2536 • • • Resolution USR-1703 Douglas & Deborah Duggan do Petro Canada Resources Page 2 D. Section 23-2-220.A.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 existing site is within the three mile referral area of the Town of Grover; the Town indicated in their referral response dated July 28, 2009 several issues that require mitigation including, noise, traffic, and visual aesthetics. The Town noted that Petro -Canada appeared sensitive to the concerns raised and indicated that every effort would be undertaken to mitigate the concerns raised. The Department of Planning Services is requiring a Site Screening Plan, and a Site Lighting Plan as part of the Conditions of Approval. E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County Code. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/ Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. This facility is sited on a 1 acre site within a 136 acre parcel on lands formerly utilized as an oil and gas production facility. The site now abandoned will be utilized for the Petro Canada facility. G. Section 23-2-220.A.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 health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission recommendation for approval is conditional upon the following: 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 USR-1703. (Department of Planning Services) 2) The plat shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 3) The attached Development Standards. (Department of Planning Services) 4) County Roads 122 and 89 are designated on the Weld County Road Classification Plan as local gravel roads, which require a 60 -foot right-of-way at full build out. There is presently sixty feet of right-of-way. The applicant shall verify 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. If the right-of-way cannot be verified, • • • Resolution USR-1703 Douglas & Deborah Duggan do Petro Canada Resources Page 3 it shall be dedicated. This road is maintained by Weld County. (Department of Public Works) 5) The screened trash enclosure for the facility. (Department of Planning Services) 6) A graphic key and or symbol serving to identify each component that is located within the USR Boundary. The key and corresponding component shall be summarized in tabular format and be clearly delineated on the plat. (Department of Planning Services) 7) The applicant shall delineate contours for the site and 200 feet offsite with a minimum of 2 -foot contour intervals. (Department of Public Works) 8) The applicant shall delineate the thirty foot pull off road access before the gate to the facility to accommodate vehicles to pull off of CR 122 prior to opening the gate, and delineate the extent of the road base into and within the facility. (Department of Public Works) 9) A drainage easement shall be delineated and a legal description of the easement needs to be described on the plat. (Department of Public Works) 10) The dimension and volume of the water quality features shall be delineated on the plat. (Department of Public Works) B. The applicant shall submit additional information for review for the Final Drainage Report/ Stormwater Management Plan, including the placement of the water quality features on the North side of the site according to the Site Plan. Drainage across the site appears to be south and east. The water quality features need to be placed so that run-off from the site can be captured and treated. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Works) C. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application to the Air Pollution Control Division, Colorado Department of Health and Environment. Alternatively, the applicant can provide evidence from the APCD that they are not subject to these requirements. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) D. Submit a dust abatement plan to the Environmental Health Services, Weld County Department of Public Health & Environment, for approval prior to operation. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) E. The applicant shall submit a waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. • Resolution USR-1703 Douglas & Deborah Duggan c/o Petro Canada Resources Page 4 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) The applicant shall provide evidence of approval by the Department of Public Works concerning the existing access to the facility and storm water drainage as addressed in their memorandum dated June 24 and June 25, 2009. Written evidence of approval shall be submitted to the Weld County Department of Planning Services. (Department of Public Works) G. The applicant shall provide written evidence from the Department of Building Inspection of compliance with building permits issued by the Department of Building Inspection as outlined in their referral dated July 30, 2008. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Building Inspection) H. The approved Screening Plan, to address the outdoor storage of materials, mitigation of the noise, security and visual aesthetics associated with this facility shall be screened from adjacent properties, including the public rights -of -way. (Department of Planning Services) The approved Lighting Plan, to address the facility lighting, including security lighting, operational lighting and emergency lighting. (Department of Planning Services) J. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 2. One month prior to Construction: A. The applicant shall submit evidence of a Colorado Discharge Permit System or CDPS permit from the Colorado Department of Public Health and Environment (CDPH&E), Water Quality Control Division, to cover stormwater discharges from construction sites (5 CCR-1002-61) Alternately, the applicant can provide evidence from CDPH&E that they are not subject to the CDPS requirements. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) 3. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 4. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Fourth Amended Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to dhuerter[?o,co.weld.co.us (Department of Planning Services) 5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required thirty (30) days from the date of the Board of County Commissioners resolution a $50.00 recording continuance charge shall be added for each additional 3 month period. (Department of Planning Services) • • Resolution USR-1703 Douglas & Deborah Duggan c/o Petro Canada Resources Page 5 6. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) Motion seconded by Robert Grand. VOTE: For Passage Robert Grand Bill Hall Tom Holton Erich Ehrlich Roy Spitzer Mark Lawley Nick Berryman Against Passage Absent The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on September 1, 2009. Dated the 1s` of September, 2009. -(311,4.A17/12- Kristine Ranslem Secretary SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Petro -Canada Resources, Inc. -- Grover USR-1703 1. The Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development Facility for Oil and Gas Support and Service, including a Natural Gas Processing Facility in the A (Agricultural) Zone District, and subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 4. 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, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment) 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 6. Fugitive dust shall be controlled on this site. The facility shall be operated in accordance with the approved "dust abatement plan" at all times. (Department of Public Health and Environment) 7. The facility shall adhere to the maximum permissible noise levels allowed in the (Industrial) Zone District as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 8. Adequate toilet facilities (portable toilets) shall be provided during the construction of the facility. (Department of Public Health and Environment) 9. The applicant shall operate in accordance with the approved "waste handling plan" at all times. (Department of Public Health and Environment) 10. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants (HAPs) and volatile organic compounds (VOCs). (Department of Public Health and Environment) 11. Any septic systems located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment) 12. Any equipment washing area shall capture all effluent and prevent discharges in accordance with the Rules and Regulations of the Water Quality Control Commission and the Environmental Protection Agency. 13. The facility shall utilize the existing public water supply for drinking and sanitary purposes. (North Weld County Water District) (Department of Public Health and Environment) 14. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) 15. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) S • Resolution USR-1703 Douglas & Deborah Duggan do Petro Canada Resources Page 7 16. A plan review is required for each building for which a building permit is required. Two complete sets of plans are required when applying for each permit. Include a Code Analysis Data sheet provided by the Weld County Building Department with each Building permits Submittal plans shall include a floor plan showing the specific uses of each area for the building. The Occupancy Classification will be determined by Chapter 3 of the 2006 International Building Code. The plans shall also include the design for fire separation and occupancy separation walls, when required by Chapter 5 and 7 of the 2006 International Building Code. Fire Protection shall conform to Chapter 9 and exiting requirements by Chapter 10. (Department of Building Inspection) 17. A plan review shall be approved and a permit must be issued prior to the start of construction. (Department of Building Inspection) 18. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International Fuel Gas Code; and the 2008 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 19. All building plans shall be submitted to Pawnee Fire Protection District for review and approval prior to issue of Building Permits, 20. Setback and offset distance shall be determined by the Weld County Code. (Department of Building Inspection) 21. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee structure of the County Road Impact Fee Program. (Department of Planning Services) 22. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) 23. The facility shall maintain compliance with the State of Colorado Air Pollution Control Division specific to the Federal mandated program addressing the Weld County Air Quality Containment Area at all times. (Department of Planning Services) 24. The facility shall comply with the Landscape and Screening Plan at all times. (Department of Planning Services) 25. The facility will comply with the approved Lighting Plan and Section 23-3-250.D.1 Lighting Standards of the Weld County Code. (Department of Planning Services) 26. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. (Department of Planning Services) 27. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. (Department of Planning Services) 28. Personnel from Weld County Government 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 Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) • 29. The Special Review area shall be limited to the plans shown here on 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 Resolution USR-1703 Douglas & Deborah Duggan do Petro Canada Resources Page 8 Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. (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. (Department of Planning Services) 31. The applicant is required to comply with all Colorado Oil and Gas Conservation Commission (COGCC) rules and regulations including drill pad construction, storm water controls, and reclamation. (Department of Planning Services) 32. Contact the Utility Coordinator for Weld County Public Works, for a Right -of -Way permit for any work that may be required in the right-of-way on County Roads 122 and 89. A special transport permit will be required for any oversized or overweight vehicles that may access the site. (Department of Public Works) I • SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING • • • Tuesday, September 1, 2009 A regular meeting of the Weld County Planning Commission was held in the Weld County Department of Planning Services, Hearing Room, 918 10`h Street, Greeley, Colorado. The meeting was called to order by Chair, Tom Holton, at 1:30 p.m. ROLL CALL ABSENT Tom Holton - Chair Mark Lawley- Vice Chair Nick Berryman Erich Ehrlich Robert Grand Bill Hall Roy Spitzer Also Present: Kim Ogle and Chris Gathman, Department of Planning Services; Don Carroll, Department of Public Works; Lauren Light, Department of Health; Bruce Barker, County Attorney, and Kris Ranslem, Secretary. Robert Grand moved to approve the August 4, 2009 Weld County Planning Commission minutes, seconded by Bill Hall. Motion carried. The Chair read the first case into record. CASE NUMBER: USR-1703 APPLICANT: Douglas & Deborah Duggan do Petro Canada Resources PLANNER: Kim Ogle REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development Facility including Oil and Gas Support and Services (compressor station) in the A (Agricultural) Zone District. LEGAL DESCRIPTION: Part of the NW4 of Section 4, T1 ON, R61W of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to CR 122 and approximately 1/4 mile east of CR 89. Kim Ogle, Planning Services, stated that the applicant wishes to keep this item on the consent agenda. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. The Chair asked the Planning Commissioners if they wish to hear this case. No one wished to speak. The Chair read the following case into record. CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: AMUSR-1232 Anderson South Farm LLC Kim Ogle A Site Specific Development Plan and Use by Special Review Permit for a Recreational Facility, with uses similar to those seen at guest farms and fairgrounds, in the A (Agricultural) Zone District. Lot A of RE -281 in Section 32, T2N, R68W of the 6th P.M., Weld County, Colorado. West of and adjacent to CR 5 and North of State Highway 52. Kim Ogle, Planning Services, commented that the applicant and their representative, Todd Hodges, wish for this case to remain on the consent agenda. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. 7/ TT=ti , 11/-(c-i IEXHIBIT I C USR tt(703 i • • • The Chair asked the Planning Commissioners if they wish to hear this case. No one wished to speak. Roy Spitzer moved that the Consent Agenda including USR-1703 and AmUSR-1232, be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, seconded by Robert Grand. Motion carried unanimously. The Chair read the next case into record. CASE NUMBER: USR-1706 APPLICANT: Xcel Energy PLANNER: Chris Gathman REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Major Facility of Public Utility or Public Agency (16 -inch natural gas pipeline) in the A (Agricultural) Zone District. LEGAL DESCRIPTION: Preferred Route Crosses Section 7, 8, 9, 10, 11 and 12, T4N, R68W and Sections 1, 2, 3, 4, 5, 6 and 7, T4N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: Pipeline runs from CR 1 east to the CR 25 section line. Chris Gathman, Planning Services, commented that Public Service Company of Colorado, an XCEL Energy Company has applied for a Site Specific Development Plan and a Special Review Permit for a Major Facility of a Public Utility (16 -inch natural gas pipeline) in the A (Agricultural) Zone District. The applicant published a public notice including a map of the proposed pipeline in the Windsor Beacon as required by the Weld County Code. The Department of Planning Services also posted notice signs approximately where the pipeline would cross county roads within Weld County (no sign was posted on County Road 7 due to a road closure). The applicant indicated that they had held two public workshops on April 8'h and May 13th of this year regarding the proposed pipeline project. The applicant also indicated that they had notified surrounding property owners adjacent to the preferred pipeline route of these workshops for the April 8th hearing. Property owners within 500 -feet of all three proposed routes were notified of the May 13`h hearing. The proposed pipeline will be located in both Larimer and Weld Counties. The pipeline is proposed to run from County Road 1 on the west -end to the County Road 25 section line on the east end (a distance of approximately 12 miles). Substantial portions of the pipeline will be located within the incorporated limits of the Towns of Johnstown and Milliken. The applicant has stated that there will be a regulator station site off of County Road 17. The site will be a fenced 50 by 50 -foot area and will contain a small pre -fabricated building on -site. If necessary, electricity may be supplied by the existing infrastructure. Other aboveground facilities in the county include two valve sites and a control valve site. The proposed control station and proposed odorization facility will be located within Larimer County and the Town of Milliken respectively. The applicant reviewed three potential pipeline location alternatives and ranked the alternatives based on engineering (length of pipeline, adjacency to existing utility corridors), natural environment (slope, water/floodplain/wetland crossings, length and/or proximity to Bald Eagle Habitat) and Human Environment (number of parcels crossed by pipeline, length of pipeline crossing agricultural lands, number of road/highway crossings). The applicant chose the preferred route "A" because it had the shortest length, least number of surface water crossings, shortest length of the route within the 100 -year floodplain, fewest number of individual parcels impacted, and crossed the least amount of agricultural land, minimizing crop damages and lost crop production. The Towns of Johnstown and Milliken responded and stated that they had no conflict with their interests. Nineteen referral agencies reviewed this case; five referral agencies (Public Works, Environmental Health, Building Inspection, Town of Milliken, Town of Johnstown) responded favorably or included conditions that have been addressed through development standards and conditions of approval. Fourteen referral agencies did not respond. 2 Hello