HomeMy WebLinkAbout20070894.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1588 (TO INCLUDE SUP #314, SUP #317, SUP #360, USR #707, AND
AMUSR#707)FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,INCLUDING
A NATURAL GAS PROCESSING FACILITY,AND A USE PERMITTED AS A USE BY
RIGHT,ACCESSORYUSE,OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (TRUCK TERMINAL AND TRUCK TRANSPORT
FACILITY) IN THE A (AGRICULTURAL)ZONE DISTRICT - 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 18th day of
April, 2007, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Duke Energy Field Services, 1324 North 7th Avenue,Greeley,Colorado 80631,for a
Site Specific Development Plan and Use by Special Review Permit#1588(to include SUP#314,
SUP#317, SUP#360, USR#707,and AmUSR#707)for a Mineral Resource Development Facility,
including a Natural Gas Processing Facility, and a Use Permitted as a Use by Right, Accessory
Use, or Use by Special Review in the Commercial or Industrial Zone Districts (truck terminal and
truck transport facility) in the A(Agricultural)Zone District, on the following described real estate,
being more particularly described as follows:
Part of SW 1/4 of Section 34;and part of the SE1/4 of
Section 33, Township 2 North, 67 West of the 6th
P.M., Weld County, Colorado
WHEREAS,said applicant was represented by Jackie Johnson,Witwer,Oldenburg, Barry,
and Johnson, LLP, 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 23-2-230.6.1 --The proposed use is consistent with Chapter 22 of
the Weld County Code and any other applicable code provisions or
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SPECIAL REVIEW PERMIT#1588 - DUKE ENERGY FIELD SERVICES
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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 Use by Special
Review Permit (USR) is for a Mineral Resource Development Facility,
including a Natural Gas Processing Facility, and a Use Permitted as a Use
by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (truck terminal and truck transport facility) in the
A (Agricultural) Zone District is a newly numbered USR which includes:
1) Special Use Permit (SUP) #314 for the Natural Gas Processing
Facility identified as the Spindle Plant approved by the Board of
County Commissioners in 1976, for Amoco Production Company,
identified as DEFS Parcel 1.
2) SUP-317 for a Natural Gas Compressor Station utilized in
conjunction with the Spindle Plant previously approved by the Board
of County Commissioners in 1976,for Colorado Interstate Gas(CIG),
to include land identified as Tract C.
3) SUP-360 for the expansion of the Amoco Production Company to
include land identified as Tracts A and B was approved by the Board
of County Commissioners in 1978.
4) USR-707 for a Natural Gas Compression and Liquids Trucking
Facility approved by the Board of County Commissioners in 1985,for
Natural Gas Associates, Inc., and AmUSR-707 for the parking of
trucks and equipment associated with the Liquids Trucking Facility.
The amendment was approved by the Board of County
Commissioners in 1994, for Associated Natural Gas, Inc.
This application addresses the current on-site conditions, and serves as a
baseline for future improvements to the site. Upgrades to the facility
addressed under this application are for on-going modernization of the
material distribution system and upgrades as required by the Colorado Oil
and Gas Conservation Commission for regulatory compliance. These
modifications will not increase truck trips per day. Further, the new
application was required by the Department of Planning Services due to a
change in ownership of the facility.
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 Mineral Resource Development Facility, including a Natural
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Gas Processing Facility,and a Use Permitted as a Use by Right,Accessory
Use,or Use by Special Review in the Commercial or Industrial Zone Districts
(truck terminal and truck transport facility)as a Use by Special Review in the
A (Agricultural) Zone District.
c. Section 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The property is sited mid-slope to
the surrounding land form. To the north, east, and south are agricultural
lands with oil and gas encumbrances and single family residences; to the
west, in the south half of the section, is the corporate city limits for the Town
of Frederick; in the north half of the section, adjacent to Weld County
Road 17, are broadcast towers permitted under USR-776 and USR-1508;
and adjacent to Weld County Road 19 is a trucking facility for Hamilton
Farms,permitted under USR-787. There are nine(9)property owners within
five hundred(500)feet of this facility. One letter dated December 11, 2006,
was received from a surrounding property owner expressing concerns
specific to on-site lighting and the screening of vehicles from adjacent
properties and public rights-of-way. The Conditions of Approval and
Development Standards ensure that there are adequate provisions in place
to address the concerns of adjacent and surrounding property owners.
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 existing
site is within the three-mile referral area of the City of Dacono and the Town
of Frederick. The City of Dacono returned a referral, dated October 26,
2006, indicating no conflict with its interests. The Town of Frederick returned
a referral, dated November 13, 2006, indicating that the facility is located
within the Town's Planning Area and is eligible for annexation. The Town
further states, given that the facility is existing and includes only
modernization upgrades, annexation of the property will not be required at
this time. The Town further states, that in light of the limited scope of
improvements to the existing facility, the Town requests that the
improvements adhere to the Town's Land Use Code, which addresses
fencing requirements, down cast lighting, landscape treatment, and
adherence to all state noise and air quality requirements. The Conditions of
Approval and Development Standards ensure that there are adequate
provisions in place to address the concerns of the Town of Frederick.
e. Section 23-2-230.B.5--The application complies with Chapter 23,Article V,
of the Weld County Code. The existing site is within the Airport Overlay
District. The Greeley-Weld County Airport Authority returned a referral
indicating no conflict with its interests. The facility is not within the Geologic
Hazard or Flood Hazard Overlay Districts. The existing site is within the
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County-Wide Road Impact Fee,the Capital Expansion Impact Fee,and the
Stormwater/Drainage Impact Fee Program areas. 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 subject site will be required
to adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
f. Section 23-2-230.6.6--The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. This facility was acquired by the Duke Energy Field Services Division
in 1991. Previous to this acquisition the facility was permitted and operated
either by Amoco Production Company,Colorado Interstate Gas,or Natural
Gas Associates, Inc., for approximately twenty-five (25) years.
g. Section 23-2-230.6.7—The Design Standards(Section 23-2-240),Operation
Standards (Section 23-2-250), 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 Duke Energy Field Services for a Site Specific
Development Plan and Use by Special Review Permit#1588 (to include SUP#314, SUP#317,
SUP#360, USR#707, and AmUSR#707)for a Mineral Resource Development Facility,including
a Natural Gas Processing Facility,and a Use Permitted as a Use by Right,Accessory Use,or Use
by Special Review in the Commercial or Industrial Zone Districts(truck terminal and truck transport
facility)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 plat shall be amended to delineate the following:
1) The plat shall be prepared per Section 23-2-260.D of the Weld
County Code.
2) The plat shall be labeled USR-1588.
3) The attached Development Standards.
4) The approved Screening Plan, to address the outdoor storage of
materials associated with this facility,which shall be screened from
adjacent properties and the public rights-of-way.
5) The approved Sign Plan for all facility identification signs.
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6) Weld County Road 19 is designated on the Weld County Road
Classification Plan as a collector road,which requires eighty(80)feet
of right-of-way at full buildout. There is presently sixty (60)feet of
right-of-way. An additional ten(10)feet shall be delineated on the plat
as future Weld County Road 19 right-of-way. All setbacks shall be
measured from the edge of future right-of-way. The applicant shall
verify the existing right-of-way and the documents creating the
right-of-way. If the right-of-way cannot be verified, it shall be
dedicated. This road is maintained by Weld County.
7) Weld County Road 14 is designated on the Weld County Road
Classification Plan as a local gravel road, which requires sixty(60)
feet of right-of-way at full buildout. 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,it shall be dedicated. This road is
maintained by Weld County.
8) The application and the aerial view reflect eleven existing accesses
to the Spindle Plant and Truck Loading Facility. The main parking lot
and adjacent office access for the Spindle Plant Facility shall be from
Weld County Road 14. The Truck Loading Facility shall utilize the
existing accesses from Weld County Road 19. The applicant shall
continue to utilize all existing parking lots and the established
circulation within all parcels associated with this facility.
9) The screened trash enclosure for the facility.
10) The location of the existing Central Weld County Water District
six(6)inch water main, and the location of the high-hazard backflow
prevention devices and meter vaults.
11) The location of the vents each one-hundred (100) feet above the
existing Central Weld County Water District waterline along the entire
length of the facility adjacent to Weld County Road 19.
12) A graphic key and/or symbol serving to identify each component that
is located within the Use by Special Review boundary. The key and
corresponding component shall be summarized in tabular format and
be clearly delineated on the plat.
B. The applicant shall provide current evidence to the Departments of Public
Health and Environment and Planning Services that the facility has an
adequate water supply (i.e., well or community water system).
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
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Division of the Colorado Department of Public Health and Environment to the
Weld County Department of Public Health and Environment. Written
evidence of approval shall be submitted to the Department of Planning
Services.
D. The applicant shall submit an Odor Abatement Plan for all Mercaptan storage
or injection sites,to the Environmental Health Services Division of the Weld
County Department of Public Health and Environment for review and
approval. Written evidence of approval shall be submitted to the Department
of Planning Services.
E. 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 approval
shall be submitted to the Department of Planning Services.
F. 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:
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). Evidence of such shall be submitted, in writing,to
the Weld County Department of Planning Services.
G. In the event any of the vehicle maintenance shop(s)are equipped with a floor
drain, the following shall apply: The applicant shall submit evidence of an
Underground Injection Control(UIC)Class V Injection Well permit from the
Environmental Protection Agency(EPA)for any vehicle maintenance facility
located on the site that is equipped with a floor drain. Alternately, the
applicant can provide evidence that they are not subject to the EPA Class V
requirements. Written evidence of approval shall be submitted to the
Department of Planning Services.
H. The applicant shall address the concerns of the Department of Public
Works, as outlined in the referral dated November 17, 2006. Truck parking
and loading facilities shall be adequately graveled and graded to prevent
drainage problems. Written evidence of approval by the Department of
Public Works shall be submitted to the Department of Planning Services.
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The applicant shall address the concerns of the Central Weld County Water
District,as outlined in the referral dated November 1,2006. Written evidence
of approval shall be submitted to the Department of Planning Services.
J. The applicant shall request approval from the Board of County
Commissioners to vacate SUP-314, SUP-317, SUP-360, USR-707, and
AmUSR-707.
K. The applicant shall address the concerns of the Town of Frederick, as
outlined in the referral dated November 13, 2006. Written evidence of
approval shall be submitted to the Department of Planning Services.
L. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. One month prior to construction activities:
A. A Stormwater Discharge Permit may be required for a development/
redevelopment/construction site where a contiguous or non-contiguous land
disturbance is greater than, or equal to, one(1)acre in area. The applicant
shall contact the Water Quality Control Division of the Colorado Department
of Public Health and Environmentatwww.cdphe.state.co.us/wq/PermitsUnit
for more information. Written evidence of approval shall be submitted to the
Department of Planning Services.
3. 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.
4. 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.
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
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the Board of County Commissioner Resolution, a $50.00 recording continuance
charge shall be added for each additional three (3) month period.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 18th day of April, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
WELIAkOUNTY, COLD DO
ATTEST: LS E A E5 )
$61
E. Long, Chair /
Weld County Clerk to the Boar ///
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BY: / - ,/ '" H erl , Tem
Deputy Clerk to the Board 1 �r
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APP D AS TO FO �-nl kS� )
Robert D. Masden
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ouglas ademacher
Date of signature: �°
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DUKE ENERGY FIELD SERVICES
USR#1588
1. The request is for a Site Specific Development Plan and Use by Special Review Permit
#1588 for a Mineral Resource Development Facility, including a Natural Gas Processing
Facility,and a Use Permitted as a Use by Right,Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone Districts(truck terminal and truck transport facility)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. 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 mannerthat
protects against surface and groundwater contamination.
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, Section 30-20-100.5, C.R.S.
5. Waste materials shall be handled,stored,and disposed of in a manner that controls fugitive
dust,fugitive particulate emissions, blowing debris, and other potential nuisance conditions.
6. The applicant shall operate in accordance with the approved Waste Handling Plan.
7. The applicant shall operate in accordance with the approved Odor Abatement Plan.
8. 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.
9. The operation shall comply with all applicable State noise statutes
10. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
11. Sewage disposal for the facility shall be by septic system. Any septic system located on the
property must comply with all provisions of the Weld County Code, pertaining to Individual
Sewage Disposal Systems.
12. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
13. All potentially hazardous chemicals must be stored and handled in a safe manner in
accordance with product labeling,and in a mannerthat minimizes the release of hazardous
air pollutants and volatile organic compounds.
14. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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15. The applicant is required to comply with all Colorado Department of Public Health and
Environmental regulations regarding berming and spill prevention for materials and liquids
stored on the site.
16. The applicant is required to comply with all Colorado Department of Public Health and
Environment, Water Quality Control Division, regulations regarding stormwater quality
permitting and protection, and construction stormwater discharges.
17. A building permit will be required for all new buildings on the site. A building permit will also
be required for additional equipment that will require a foundation.
18. A plan review is required for each building. Plans will require the wet stamp of a Colorado
registered architect or engineer.
19. Buildings shall conform to the requirements of the codes adopted by Weld County at the
time of permit application.
20. Fire resistance of walls and openings,construction requirements, maximum building height,
and allowable areas will be reviewed at the plan review.
21. The applicant shall provide a letter of approval from the Fort Lupton Fire Protection District
prior to applying for building permits.
22. Effective January 1,2003,building permits issued on the lot will be required to adhere to the
fee structure of the County-Wide Road Impact Fee Program.
23. 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 Programs.
24. The facility operates twenty-four(24) hours a day,seven (7)days a week, as stated in the
application materials.
25. The Spindle Plant Facility is limited to five (5) full-time employees, as stated in the
application materials.
26. The Spindle Plant Facility is limited to fifteen (15)trucks per day,as stated in the application
materials.
27. The Truck Terminal and Truck Transport Facility is limited to one(1)full-time employee,as
stated in the application materials.
28. The Truck Terminal and Truck Transport Facility is limited to ten (10) trucks per day, as
stated in the application materials.
29. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
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30. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
31. 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.
32. 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.
33. 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.
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