HomeMy WebLinkAbout20073194 INVENTORY OF ITEMS FOR CONSIDERATION
• Applicant Duke Energy Field Services Case Number USR-1534
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
Department of Planning Services Field Check Form X
Letter to Applicant X
Legal Notifications X
2 Application X
Maps X
Deed/Easement Certificate X
Surrounding Property/Mineral Owners X
Utilities X
3 Referral List X
Referrals without comment X
Milliken Fire Protection District, referral received 11/18/2005 X
City of Evans, referral received 11/17/2005
• 4 Referrals with comments X
Weld County Department of Public Works referral received 11/15/2005 X
Weld County Department of Public Health and Environment referral received X
11/18/2005(2 pages)
Weld County Zoning Compliance Officer referral received 10/31/2005 X
Weld County Sheriffs Office referral received 11/2/2005(2 pages) X
West Greeley Soil Conservation District referral received 11/4/2005(3 pages) X
unk LA1 d rnMn0 X
Colorado Oil and Gas Commission referral received 12/19/2005(12 pages) X
City of Greeley referral received 11/21/2005(2 pages) X
Town of Milliken referral received 12/15/2005 X
N 5 Surrounding Property Owners/Mineral Owners -Letters
N 6 PC Exhibits
N 6A Sign Posting Affadavit (J,p„) Lutattu, darriNaw -WO; X
6B Letter from Tim Clancy(Witwer, Oldenburg, Barry&Johnson, LLP)dated 3/2/2006 X
N 6C Letter from Tim Clancy(Witwer, Oldenburg, Barry&Johnson, LLP)dated 3/3/2006 X
7 Planning Commission Reoelutioa
•
EXHIBIT
use ,#fir-. 3q 2007-3194
r
I hereby certify that the 18 items identified herein were submitted to the Department of Plagnin ervices at or prior to the
scheduled Planning Commissioners hearing. dvilo qq
• Chris Gathman 4 Planner
•
•
• 6‘.1 \
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W I cc. LAND
USE APPLICATION
COLORADO
Case Number: USR-1534 Hearing Date: (March 7, 2006: cont.from 1/3/2006 & 2/7/2006)
Applicant: Duke Energy Field Services Address: 1324 N. Avenue, Greeley, CO 80631
Request: A Site Specific Development Plan and a Special Review Permit for a mineral
resource development facility including an oil and gas support and service facility
(gas processing facility) in the A(Agricultural)Zone District
Legal Description: Part N2N2SW4 of Section 29, Township 5 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
Location: West of and adjacent to Two Rivers Parkway and approximately''/2 mile north of 49th
Street
Size of Parcel: 4- 1 acres (lease area)
• POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received responses from the following agencies:
• Weld County Zoning Compliance, referral received 10/31/2005
• Weld County Department of Public Health and Environment, referral received 11/18/2005
• Weld County Department of Public Works, referral received 11/15/2005
• Weld County Sheriffs Office, referral received 11/2/2005
• Fire Protection District, referral received 11/18/2005
• City of Evans, referral received 11/17/2005
• West Greeley Soil Conservation District, referral received 11/4/2004
• Town of Milliken, referral received 12/15/2005
• Colorado Oil and Gas Commission, referral received
• City of Greeley, referral received 11/21/2005
Referral responses have not be received from the following agencies:
Colorado Division of Wildlife
• EXHIBIT
Duke Energy-Johnstown site Page 1
• Kitt;
WLDcADMINISTRATIVE REVIEW
COLORADO
Planner: C. Gathman
Case Number: USR-1534 Hearing Date: January 3, 2005
Applicant: Duke Energy Field Services Address: 1324 N. 7'h Avenue, Greeley, CO 80631
Request: A Site Specific Development Plan and a Special Review Permit for a mineral
resource development facility including an oil and gas support and service facility
(gas processing facility) in the (A)Agricultural Zone District
Legal Description: Part N2N2SW4 of Section 29, Township 5 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
Location: West of and adjacent to Two Rivers Parkway and approximately Y mile north of 49`h
Street
• Parcel Size: +/- 1 acres (lease area) Parcel Number: 0959 29 000021
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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 Department of Planning Services' staff 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 22-5-80.B (CM.Goal 2) states
"Promote the reasonable and orderly development of mineral resources". The proposal
will have little impact on the surrounding area or subject properties.
b. Section 23-2-220.A.2 --The proposed use is consistent with the intent of the A
(Agricultural)Zone District. Section 23-4-40.A of the Weld County Code provides for
mineral resource development facilities as a Use by Special Review in the A(Agricultural)
Zone District. There is an existing booster station on site. This use by special review
permit will cover the existing booster station and if approved will allow for the
modernization of the site through the addition of compressors, separators and storage
tanks and other equipment associated with gas processing. The applicant indicates that
there will be only one trip per day (pick up truck)and a total of one trip per week (semi-
truck)to the site.
• Duke Energy-Johnstown site Page 2
c. Section 23-2-220.A.3 --The uses which will be permitted will be compatible with the
• existing surrounding land uses. The facility under this proposed special review permit
(with the exception of some additional structures) is existing. It is a fenced facility located
approximately 1/2 mile from the nearest single-family residence to the west and
approximately 1/4 mile from the nearest single-family residence to the south (on the east
side of Twin Rivers Parkway). The single family residence to the south is screened by the
crest of a hill that lies between the residence and the gas processing facility.
Development standards and conditions of approval will ensure that the use is compatible
with the surrounding area.
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 City of Evans, in their referral received November 17, 2005,
states that this request complies with their comprehensive plan. The Town of Milliken, in
their referral received December 15, 2005, requests that the site be adequately screened
and landscaped, have a spill control and containment program in place, and have a
stormwater management plan, a weed control plan and a reclamation plan. The City of
Greeley.
e. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County
Code. The site does not lie within any Overlay Districts.
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 proposed lots 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. Prime agricultural
land will not be impacted by this proposal. The site is a leased area that is only
approximately 1 acre in size and consists of existing improvements.
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 Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to scheduling a Board of County Commissioners hearing:
A. The applicant shall submit a detailed signage plan to the Weld County Department of
Planning Services. (Department of Planning Services)
2. Prior to recording the plat:
A. All sheets of the plat shall be labeled USR-1534. (Department of Planning Services)
• Duke Energy-Johnstown site Page 3
• B. The plat shall be prepared in accordance with section 23-2-260.D and shall be amended
to delineate the following:
1. The attached Development Standards. (Department of Planning Services)
2. Two Rivers Parkway(County Road 27) is classified by the County as a Strategic
Roadway, which requires 140-foot of right-of-way at full build out. The City of
Greeley, in their referral dated November 17, 2005 is requesting a 75-foot right-
of-way reservation from the centerline of Two Rivers Parkway. The future right-
of-way line (75-feet from centerline)for Two Rivers Parkway shall be indicated on
the plat. (Department of Public Works)
3. The lease area and road access shall be included within the special review permit
boundary. (Department of Planning Services)
4. The tracking pad location and extent shall be indicated on the plat. (Department
of Public Works)
C. The applicant shall attempt to address the request/concerns of the Town of Milliken as
stated in their referral dated December 15, 2005. Written evidence of such shall be
provided to the Department of Planning Services. (Town of Milliken)
D. The applicant shall provide written documentation from the Milliken Fire District and
emergency services to the Department of Planning Services that the width of the access
and lane shall be adequate for emergency purposes. (Department of Public Works)
E. 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, Colorado Department
of Public Health and Environment, if applicable. Evidence that this information has been
submitted to the Health Department shall be submitted to the Department of Planning
Services. (Department of Public Health and Environment)
F. The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health and
Environment. Written evidence of such shall be submitted to the Department of Planning
Services. (Department of Public Health and Environment)
G. The applicant shall submit a water handling plan, for approval, to the Environmental
Health Services Division of the Weld County Department of Public Health and
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.
3) The waste handler and facility where the waste will be disposed (including the
facility name, address, and phone number).
Written evidence of such shall be submitted to the Department of Planning
Services. (Department of Public Health and Environment)
• Duke Energy-Johnstown site Page 4
H. The applicant shall address the requirements of the Colorado Oil & Gas Commission as
• stated in their referral dated December 16, 2005. Written evidence of such shall be
provided to the Department of Planning Services. (Colorado Oil & Gas Commission)
The applicant shall attempt to requirements/concerns of the City of Greeley as stated in
their referral dated November 17, 2005. (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)
3. Upon completion of 1. and 2. 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 plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. 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 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 maps(@co.weld.co.us. (Department of Planning Services)
5. Prior to operation:
A. The applicant shall install a tracking pad on the access road to prevent the tracking of
•
mud or debris onto the paved surface of Two Rivers Parkway. (Department of Public
Works)
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)
7. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat
not be recorded within the required sixty(60)days from the date the Administrative Review was
signed a $50.00 recording continuance charge may be added for each additional 3 month period.
(Department of Planning Services)
• Duke Energy-Johnstown site Page 5
SITE SPECIFIC DEVELOPMENT PLAN
•
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Duke Energy Field Services
USR-1534
1. The Site Specific Development Plan and Special Use Permit is for a mineral resource development
facility including an oil and gas support and service facility (gas processing facility) in the A
(Agricultural) Zone District, as indicated in the application materials on file 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. The right-of-way or easement shall be a graded and drained to provide an all-weather access.
(Department of Public Works)
4. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it
will reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases,diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
5. The applicant must take into consideration storm water capture/quantity and provide accordingly for
best management practices. (Department of Public Works)
6. The applicant shall install a tracking pad on the access road to prevent the tracking of mud or debris
• onto the paved surface of Two Rivers Parkway. (Department of Public Works)
7. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
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. (Department of Public Health and Environment)
8. 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. (Department of Public Health and Environment)
9. 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)
10. 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. (Department of Public
Health and Environment)
11. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone
District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment)
12. Bottled water shall be utilized for drinking when employees are on site. (Department of Public Health
and Environment)
13. 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)
• Duke Energy-Johnstown site Page 6
14. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to
41111 the fee structure of the County Road Impact Program. (Ordinance 2002-11)
15. The applicant shall operate in accordance with the approved"waste handling plan". (Department of
Public Health and Environment)
16. Effective August 1, 2005, Building Permits issued on the proposed lots 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)(Department of Planning Services)
17. Buildings/structures shall conform to the various codes adopted at the time of the permit application.
Current codes adopted by Weld County include;2003 International Building Code,2003 International
Mechanical Code, 2003 International Plumbing Code, 2003 International Fuel Gas Code, 2002
National Electrical Code, and Chapter 29 of the Weld County Code. (Department of Building
Inspection)
18. The site shall follow applicable Colorado Oil & Gas Commission regulations in regards to the
installation, operation, reclamation, stormwater management and abandonment of the facility.
(Colorado Oil & Gas Commission)
19. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
20. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
21. 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)
22. Personnel from the Weld County Departments of Public Health and Environment, Planning Services
and Public Works 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.
23. The 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.
24. 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.
• Duke Energy-Johnstown site Page 7
• •
DEPARTMENT OF PLANNING SERVICES
a NORTH OFFICE
918 10TH Street
• i GREELEY, CO 83541
r'' PHONE: (970) 353-61O0, Ext. 3540
' FAX: (970) 304-6498
SOUTHW EST OFFICE
LONMON?0CO 8�O4
COLORADO PHONE: (720) 652-4210, Ext. 8730
FAX: (720) 652-4211
October 28, 2005
Duke Energy Field
c/o Tim Clancy
822 7h Street
Ste.760
Greeley CO 80631
Subject: USR-1534- Request for A Site Specific Development Plan and Special Review Permit for a mineral
resource development facility including an oil and gas support and service facility(gas processing facility)
in the A(Agricultural)Zone District on a parcel of land described as Part N2N2SW4 of Section 29, T5N,
R66W of the 6th P.M.,Weld County, Colorado.
Dear Applicant:
Your application and related materials for the request described above are being processed. I have scheduled a meeting
with the Weld County Planning Commission forJanuary 3,2006,at 1:30 p.m. This meeting will take place in the Hearing
Room, Weld County Planning Department, 918 10`h Street, Greeley,Colorado. It is recommended that you and/or a
• representative be in attendance to answer any questions the Planning Commission members may have.
It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado
Revised Statute,C.R.S.24-65.5-103(adopted as part of H.B.01-1088)requires notification of all mineral estate owners
30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written
certification indicating the above requirements have been met.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property
or if the property is located within the comprehensive planning area of a town or municipality. Therefore,our office has
forwarded a copy of the submitted materials to the Evans, Greeley and Milliken Planning Commission for their review
and comments. Please call Evans at 970-339-5344,Greeley at 970-350-9780 and Milliken at 970-587-4331 for further
details regarding the date,time, and place of this meeting. It is recommended that you and/or a representative be in
attendance at the Evans,Greeley and Milliken Planning Commission meeting to answer any questions the Commission
members may have with respect to your application.
A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the
hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing
time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign
will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway
(access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County
Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It
is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission
hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
Chris Gathman
Planner
• PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS December 24, 2005. THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT
OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON
THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY
(ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, CHRIS GATHMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE
SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING FOR USR-1534 IN THE A (AGRICULTURAL) ZONE
DISTRICT.
CHRIS GATHMAN
Name of Person Posting Sign
4V_Th stilt / .ti(LGL't
Signature of Person Posting Sign
STATE OF COLORADO
) ss.
COUNTY OF WELD
J1'
The foregoing instrument was subscribed and sworn to me this / day of , 20017
WITNESS my hand and official seal.
ON4 PURLC
STATE OF COLORADO
Notary Public ,,,
My Commission Expires: K1
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• FIELD CHECK inspection date: 12/22/05
APPLICANT: Duke Energy Field Services CASE #: USR-1534
REQUEST: A Site Specific Development Plan and a Special Review Permit for a
mineral resource development facility including an oil and gas support and
service facility (gas processing facility) in the A (Agricultural) Zone District
LEGAL: Part N2N2SW4 29-5-66
LOCATION: West of and adjacent to Two Rivers Parkway and approx. 1/2 mile north of 49th
Street
PARCEL ID #: 0959 29 000021 ACRES: +/- 1 acre
(lease area)
Zonina Land Use
N N Agricultural
E E Agricultural
S S Agricultural (residence 1/4 mile to the south)
W Agricultural (residence 1/2 mile to the west)
COMMENTS:
Existing fenced oil and gas facility off of Twin Rivers Parkway.
llr 4
C tl ut ` 4W IMF-,.
Signature
• H - House DV- Derelict Vehicles D - Ditch
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