HomeMy WebLinkAbout20073192 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1534 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING
AN OIL AND GAS SUPPORT AND SERVICE FACILITY (GAS PROCESSING) IN THE
A (AGRICULTURAL) ZONE DISTRICT - THE LARRY G. AND FLORANCE E.
KAMMERZELL REVOCABLE TRUSTS, C/O DCP MIDSTREAM, FKA DUKE ENERGY
FIELD SERVICES
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 31st day of
October, 2007, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of The Larry G. and Florance E. Kammerzell Revocable Trusts,4410 83rd Avenue,
Greeley, Colorado 80634, c/o DCP Midstream, fka Duke Energy Field Services, 1324 North 7th
Avenue, Greeley, Colorado 80631, for a Site Specific Development Plan and Use by Special
Review Permit #1534 for a Mineral Resource Development Facility, including an Oil and Gas
Support and Service Facility(gas processing)in the A(Agricultural)Zone District, on the following
described real estate, being more particularly described as follows:
Part of the N1/2 N1/2 SW1/4 of Section 29,
Township 5 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, said applicant was represented by Patrick Groom, 822 7th Street, Suite 760,
Greeley, Colorado 80631, at said hearing, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS,the Board of County Commissioners heard all of the testimony and statements
of those present,studied the request of the applicant and the recommendation of the Weld County
Planning Commission and all of the exhibits and evidence presented in this matter and, having
been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has shown
compliance with Section 23-2-230.B of the Weld County Code as follows:
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.
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.
2007-3192
PL1933
SPECIAL REVIEW PERMIT #1534 - THE LARRY G. AND FLORANCE E. KAMMERZELL
REVOCABLE TRUSTS, C/O DCP MIDSTREAM, FKA DUKE ENERGY FIELD SERVICES
PAGE 2
b. Section 23-2-230.B.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 the 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.
c. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The facility under this proposed
Use by Special Review Permit, with the exception of some additional
structures, is existing. It is a fenced facility located approximately one-half
mile from the nearest single-family residence to the west,and approximately
one-quarter mile from the nearest single-family residence to the south (on
the east side of Two 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. The Conditions of Approval and Development
Standards will ensure that the use is compatible with the surrounding area.
d. Section 23-2-230.6.4--The uses which will be permitted will be compatible
with future development of the surrounding area as permitted by the existing
zoning and with the future development as projected by Chapter 22 of the
Weld County Code,and any other applicable Code provisions or ordinances
in effect, or the adopted Master Plans of affected municipalities. The City
of Evans, in its referral received November 17, 2005, states this request
complies with its Comprehensive Plan. The Town of Milliken, in its 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, in its referral dated November 17,
2005, is requesting a 75-foot right-of-way reservation from the centerline of
Two Rivers Parkway.
e. Section 23-2-230.B.5--The application complies with Chapter 23,Article V,
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-Wide Road Impact
Fee Program. 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 Programs.
2007-3192
PL1933
SPECIAL REVIEW PERMIT #1534 - THE LARRY G. AND FLORANCE E. KAMMERZELL
REVOCABLE TRUSTS, CIO DCP MIDSTREAM, FKA DUKE ENERGY FIELD SERVICES
PAGE 3
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. Prime agricultural land will not be impacted by this proposal. The site
is a leased area that is only approximately one(1)acre in size and consists
of existing improvements.
g. Section 23-2-230.6.7 -- 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 The Larry G. and Florance E. Kammerzell Revocable
Trusts, c/o DCP Midstream,fka Duke Energy Field Services,for a Site Specific Development Plan
and Use by Special Review Permit#1534,for a Mineral Resource Development Facility, including
an Oil and Gas Support and Service Facility(gas processing) 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. All sheets of the plat shall be labeled USR-1534.
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.
2) Two Rivers Parkway(County Road 27)is classified by the County as
a Strategic Roadway, which requires 140 feet of right-of-way at full
buildout. The City of Greeley, in its 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.
3) The lease area and road access shall be included within the Use by
Special Review Permit boundary.
4) The tracking pad location and extent shall be indicated on the plat.
C. The applicant shall attempt to address the request and concerns of the
Town of Milliken, as stated in the referral dated December 15, 2005.
2007-3192
PL1933
SPECIAL REVIEW PERMIT #1534 - THE LARRY G. AND FLORANCE E. KAMMERZELL
REVOCABLE TRUSTS, C/O DCP MIDSTREAM, FKA DUKE ENERGY FIELD SERVICES
PAGE 4
Written evidence of such shall be provided to the Department of Planning
Services.
D. The applicant shall provide written documentation from the Milliken Fire
Protection District and emergency services, to the Department of Planning
Services, that the width of the access and lane shall be adequate for
emergency purposes.
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 of the Colorado Department of Public Health and Environment, if
applicable. Evidence that this information has been submitted to the Weld
County Department of Public Health and Environment shall be submitted to
the Department of Planning Services.
F. The applicant shall submit a Dust Abatement Plan, for review and approval,
to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. Written evidence of such
shall be submitted to the Department of Planning Services.
G. The applicant shall submit a Waste 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,and written evidence of such shall be submitted to the Department
of Planning Services:
1) A list of wastes which are expected to be generated on the 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
the site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
H. The applicant shall address the requirements of the Colorado Oil and Gas
Conservation Commission, as stated in the referral dated December 16,
2005. Written evidence of such shall be provided to the Department of
Planning Services.
The applicant shall attempt to requirements and concerns of the City of
Greeley, as stated in the referral dated November 17, 2005.
J. The applicant shall submit a Lighting Plan to the Weld County Department
of Planning Services for review.
2007-3192
PL1933
SPECIAL REVIEW PERMIT #1534 - THE LARRY G. AND FLORANCE E. KAMMERZELL
REVOCABLE TRUSTS, C/O DCP MIDSTREAM, FKA DUKE ENERGY FIELD SERVICES
PAGE 5
K. The applicant shall submit two (2) paper copies of the plat, for preliminary
approval, to the Weld County Department of Planning Services.
2. Upon completion of Condition of Approval #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 the Department of Planning Services. 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.
3. The Department of Planning Services respectfully 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.
4. 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.
B. The applicant shall install a hospital muffler on the facility.
5. 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.
6. 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 may be added for each additional three (3) month period.
2007-3192
PL1933
SPECIAL REVIEW PERMIT #1534 - THE LARRY G. AND FLORANCE E. KAMMERZELL
REVOCABLE TRUSTS, CIO DCP MIDSTREAM, FKA DUKE ENERGY FIELD SERVICES
PAGE 6
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 31st day of October, A.D., 2007.
sole..,.. BOARD OF COUNTY COMMISSIONERS
r
•rt IIII�2 WE I OUNTY, COLORADO
‘) 41,/ ��p ,
Cji
ATTEST: 1 e '!rq /r��l i 4 c+M �'
s - ,jiavid E. Long, Chair
ue,
Wel. County Clerk to the '. �smigr
Jc)4aJI Willkam H.40(0,_Pro-Tem BY: De.u y Cler o the Board r ���
Wil F. Garcia
11
APPROVED AS TO.Fake `J . a:1L9
Robert D. Mastlen
yo ty Attorneyalis,
ougla Rademach r
Date of signature: I i I 101
2007-3192
PL1933
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
THE LARRY G. AND FLORANCE E. KAMMERZELL REVOCABLE TRUSTS
C/O DCP MIDSTREAM, FKA DUKE ENERGY FIELD SERVICES
USR#1534
1. The Site Specific Development Plan and Use by Special Review Permit #1534 is for a
Mineral Resource Development Facility, including an Oil and Gas Support and Service
Facility(gas processing)in the A(Agricultural)Zone District, as indicated in the application
materials on file and 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 right-of-way or easement shall be graded and drained to provide an all-weather access.
4. The historical flow patterns and runoff amounts will be maintained on the 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 runoff rate and velocity increases,
diversions, concentration, and/or unplanned ponding of storm runoff.
5. The applicant must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices.
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.
7. 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.
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, Section 30-20-100.5, C.R.S.
9. Waste materials shall be handled,stored,and disposed of in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
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.
11. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone District, as delineated in Section 25-12-103, C.R.S.
12. Bottled water shall be utilized for drinking when employees are on the site.
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 and volatile organic compounds.
2007-3192
PL1933
DEVELOPMENT STANDARDS - THE LARRY G. AND FLORANCE E. KAMMERZELL
REVOCABLE TRUSTS, C/O DCP MIDSTREAM, FKA DUKE ENERGY FIELD SERVICES
(USR#1534)
PAGE 2
14. The applicant shall operate in accordance with the approved Waste Handling Plan.
15. Effective January 1, 2003, building permits issued on the proposed lots will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
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 Programs.
17. Buildings/structures shall conform to the various codes adopted at the time of the permit
application. Currently,the following have been adopted by Weld County:2006 International
Building Code, 2006 International Mechanical Code, 2006 International Plumbing Code,
2006 International Fuel Gas Code, 2002 National Electrical Code, and Chapter 29 of the
Weld County Code.
18. The facility shall be limited to a total of one compressor engine.
19. The site shall follow applicable Colorado Oil and Gas Conservation Commission regulations
in regards to the installation, operation, reclamation, stormwater management, and
abandonment of the facility.
20. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
21. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
22. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
23. Weld County Government personnel 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.
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.
2007-3192
PL1933
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