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HomeMy WebLinkAbout20070044.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Paul Branham,that the following resolution be introduced for approval by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE: USR-1561 APPLICANT: Duke Energy Field Services PLANNER: Kim Ogle REQUEST: Site Specific Development Plan and Special Review Permit for a Mineral Resource Development Facility including an Oil and Gas Support and Service Facility (Oil and Gas Processing Facility) in the A(Agricultural)Zone District. LEGAL: Part SE4 SE4 of Section 10, T2N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: North of and adjacent to CR 22; 400 feet west of CR 21 Section Line. 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 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 22-5-100.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 is 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. This application was required by the Department of Planning Services due to a change in ownership of the facility, from Associated Natural Gas to Duke Energy Field Services. 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. C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing surrounding land uses. The property is adjacent to County Road 22 right-of- way on lands owned by the Strear Farms Company. In all directions, agricultural lands dominate. There are numerous oil and gas production facilities on adjacent and surrounding lands. Operators include Pan Handle Eastern and Kerr McGee. All operators have a Use by Special Review permit in place or are a use by right in the Agricultural Zone District. There are twenty two property owners within 500 hundred feet of this facility. 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 Towns of Frederick, Firestone and City of Fort Lupton.The Cit of Fort Lupton and Town of Frederick stated they had reviewed the request and found no conflicts with their interests. The Town of Firestone did not respond to the ' referral request. l- E. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld ,j 2007-0044 Resolution USR-1561 Duke Energy Field Services Page 2 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 one(1)acre lease parcel surrounded by lands utilized as a Turkey Farm (SUP-64, approved in 1970). 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's recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. The plat shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of Planning Services) B. The applicant shall submit a letter requesting that the one acre lease area parcel be vacated from lands associated with SUP-64 for Strear Farm in care of ConAgra, Inc. for action by the Board of County Commissioners. (Department of Planning Services) C. All sheets of the plat shall be labeled USR-1561.(Department of Planning Services) D. The plat shall be amended to delineate the following: 1) The attached Development Standards. (Department of Planning Services) 2) The approved Screening Plan, to address the outdoor storage of materials, associated with this facility. All materials shall be screened from adjacent properties,including the public rights-of-way. (Department of Planning Services) 3) County Road 22 is designated on the Weld County Road Classification Plan as a local gravel road,which requires a 60-foot right-of-way at full build out. There is presently sixty (60) feet of right-of-way. This road is maintained by Weld County. (Department of Public Works) 4) The screened trash enclosure for the facility. (Department of Planning Services) 5) 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) 6) The off-street parking spaces,including the access drive and internal circulation Resolution USR-1561 Duke Energy Field Services Page 3 shall be delineated on the plat. (Department of Public Works) E. The applicant shall verify the number of large trucks utilizing the facility on a daily basis. This information shall be submitted to the Department of Public Works. The approval and stipulations concerning this approval shall be submitted to the Department of Planning Services. (Department of Public Works) F. 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 approval shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) G. Submit a dust abatement plan to the Environmental Health Services,Weld County Department of Public Health & Environment, for approval prior to operation. Evidence of approval shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) H. 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. 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 on-site access, circulation and storm water drainage as addressed in their memorandum dated May 12, 2006. Written evidence of approval shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) J. The applicant shall submit a Screening Plan to the Department of Planning Services for review and approval. Upon approval the Screening Plan information shall be graphically delineating on the USR Plat. (Department of Planning Services) K. The applicant shall address the concerns and requirements of the Fort Lupton Protection District as stated in their referral dated June 15,2006. Written evidence of compliance with their regulations shall be submitted to the Department of Planning Services. (Fort Lupton Fire Protection District) L. The applicant shall submit two sets of construction and site plans to the Fort Lupton Protection District for review and approval. Written evidence of compliance with their regulations shall be submitted to the Department of Planning Services. (Department of Planning Services) M. The applicant shall submit evidence to the Department of Planning Services stating that the facility is in compliance with the State of Colorado Air Pollution Control Division specific to the Federally mandated program addressing the Weld County Air Quality Containment Area. (Department of Public Health and Environment) N. The applicant shall submit two (2) paper copies of the plat for preliminary approval Resolution USR-1561 Duke Energy Field Services Page 4 to the Weld County Department of Planning Services. (Department of Planning Services) 2. 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) 3. 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(a)co.weld.co.us. (Department of Planning Services) 4. 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) 5. 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) r SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Duke Energy Field Services USR-1561 1. The 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, 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. 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) 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 25-12-103, C.R.S. as amended. (Department of Public Health and Environment) 8. Bottled water shall be provided for employees that maintain the site.(Department of Public Health and Environment) 9. 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) 10. The applicant shall operate in accordance with the approved"waste handling plan". (Department of Public Health and Environment) 11. 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) 12. The operation shall comply with all applicable rules and regulations from the Weld County Code,State of Colorado-Air Pollution Control Division and the Environmental Protection Agency. (Department of Public Health and Environment) 13. A building permit shall be obtained prior to doing any new work. Building permits will not be required for the replacement of existing equipment or for the maintenance or repair of existing equipment. (Department of Building Inspection) 14. A plan review is required for each permit application. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of floor plans and plot plans are required when applying for the permit. (Department of Building Inspection) 15. Buildings shall conform to the requirements of the 2003 International Building,Mechanical,Plumbing and 2002 National Electrical Codes and Chapter 29 of the Weld County Code. (Department of Building Inspection) 16. Building height, setback and offset distance shall be determined by the Weld County Code. Separation of buildings of mixed occupancy classifications shall be in accordance with Table 302.3.3, 2003 International Building Code. (Department of Building Inspection) 17. The facility shall comply with the 2003 International Fire Code (2003 IFC); Section 606 Mechanical Refrigeration (2003 IFC); Chapter 32 Cryogenic Fluids (2003 IFC); Chapter 34 Flammable and Combustible Liquids (2003 IFC); Chapter 35 Flammable Gases (2003 IFC) and any additional referenced publications. (Fort Lupton Fire Protection District) 18. 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) 19. 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) 20. The facility shall maintain compliance with the State of Colorado Air Pollution Control Division specific to the Federally mandated program addressing the Weld County Air Quality Containment Area at all times. (Department of Planning Services) 21. Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds,pursuant to Chapter 15, Articles I and II of the Weld County Code. (Department of Public Works) 22. The facility shall comply with the Landscape and Screening Plan at all times. (Department of Planning Services) 23. 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) 24. 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) 25. 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) • 26. 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. (Department of Planning Services) 27. 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) Motion seconded by Tom Holton. VOTE: For Passage Against Passage Absent Michael Miller Bruce Fitzgerald Erich Ehrlich Roy Spitzer Chad Auer Doug Ochsner James Welch Tom Holton Paul Branham 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, Donita May, 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 July 18, 2006. Dated thl8th of July, 2006. M Don il Secretary - 12 yes; Paul Branham, yes; Erich Ehrlich, yes;Tom Holton, yes; Doug Ochsner, yes; Roy Spitzer, yes; James Welch, yes; Bruce Fitzgerald, yes. Motion carried. Doug Ochsner moved to send USR-1563 to the Board of County Commissioners with the amended Development Standards and Conditions of Approval with their recommendation of approval. Chad Auer seconded the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Chad Auer, yes; Paul Branham, yes; Erich Ehrlich, yes; Tom Holton, yes;Doug Ochsner, yes; Roy Spitzer, yes; James Welch, yes; Bruce Fitzgerald, yes. Motion carried. 9. CASE: USR-1561 APPLICANT: Duke Energy Field Services PLANNER: Kim Ogle REQUEST: Site Specific Development Plan and Special Review Permit for a Mineral Resource Development Facility including an Oil and Gas Support and Service Facility(Oil and Gas Processing Facility) in the A(Agricultural)Zone District. LEGAL: Part SE4 SE4 of Section 10, T2N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: North of and adjacent to CR 22; 400 feet west of CR 21 Section Line. Kim Ogle, Department of Planning Services, said USR-1561,was an application 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(Oil and Gas Processing Facility) located on approximately one acre in the agricultural zone district. The applicant was represented by Tim Clancy of Witwer, Oldenburg, Barry& Johnson, LLP, Attorneys. This site was located north of and adjacent to CR 22; four hundred feet more or less west of CR 21 Section Line. The site was located within the three mile referral area of the Towns of Frederick and Firestone and the City of Fort Lupton.The City of Fort Lupton and Town of Frederick stated they had reviewed the request and found no conflicts with their interests. The Town of Firestone did not respond to the referral request. Surrounding lands were in dry land crop production. There were several residences in the immediate vicinity, predominately to the north and south. The facility was located on higher ground, north of CR 22 on ground sloping north from a two lane gravel road. The high point was associated with lands to the south of the facility. Primary access was from CR 22, a local gravel road. The site was fenced with compressor components and two locked and gated access points. The service yard was graveled and graded with overhead lighting directed at specific equipment locations. There were two compressors with a baffle-sound wall to the northwest of the service yard. There was no visual outside storage. There was a dumpster that would require screening from adjacent properties and road right-of-way. The sign for today's hearing was posted at least ten days prior to the hearing by staff and was evidenced by photograph. Fifteen referral agencies had reviewed the case and nine offered comments, some with specific conditions. There had been one letter received from a surrounding property owner, and one person reviewed the case file. Two telephone inquiries were received from adjacent property owners who had questions regarding the application and had also raised concerns. The Planning Department recommended approval of this application with the attached Conditi•• • Approval and Development Standards. a x fiat *{y4 Char Davis, Environmental Health Department and Don Carroll, Public Works Department were present. Mr. Clancy was present on behalf of Duke Energy Field Services. Tim Clancy, the applicant's representative, of Witwer, Oldenburg, Barry& Johnson LLP, 822 7th St, Ste 760, Greeley, CO, 80631, and Joe Kuchinski, Duke Energy Field Services LP, 1324 N 7 Av, Greeley CO, 80631, addressed the major concerns; the amount of noise the site generated and said they had hired a sound consultant to mitigate the neighbor's concerns and would continue to pursue satisfactory resolution; and a neighboring property owned by a Duke Energy affiliate and said they would take steps to secure it and look into the prairie dog issues on the site. Mr. Clancy said they had read and agreed with the Development Standards and Conditions of Approval. Linda Gardner, 10103 CR 22, Fort Lupton, CO 80621, said there had been more noise since Duke Energy made a change to their site and they have not had their bedroom windows open since October of 1998; she had an ongoing request to mitigate noise levels and had no luck with Duke Energy; there was no noise abatement material inside the fence; and she feared this would never be rectified; the facility was zoned industrial and Duke Energy was within acceptable noise levels and her only recourse was litigation; the new regime had guaranteed to improve conditions but she was still concerned that the registered level of noise was industrial and she felt is should be less than that. Kim Jones, 10000 CR 22, Fort Lupton, CO 80621, said there was a flat metal sound wall that reflected sound back to them and made normal conversation on her front porch impossible and she was pleased with the current responses from Duke Energy, but if these new measures were not satisfactory, she would take further action. The Chair closed the public portion of the hearing. Bruce Fitzgerald asked Char Davis, Environmental Health Department, about noise levels and the zoning for the property. Ms. Davis replied the zoning was agricultural but noise levels were regulated by the Oil and Gas Commission and could not be higher than eighty decibels within twenty five feet of the property line. If the site were to go beyond that level and did not comply with regulations, the County could revoke the application. Doug Ochsner asked if Mr. Brewer had been to the site to take measurements. Ms. Davis said Phil Brewer, Environmental Health Department, had received several complaints from area residents, had addressed noise issues in the area, and was investigating. Ms. Davis said they had problems with noise levels at Duke Energy, but they had been very cooperative in the past with noise mitigation. Kim Ogle, Department of Planning, said he had one modification to Development Standard number nine, page six, to strike that item at the request of the Department of Public Health and Environment as it was not applicable to the site. Tom Holton moved to delete Development Standard number nine, page six. Doug Ochsner seconded. Motion carried. Tim Clancy, the applicant's representative, said in regard to the noise; they would continue to work with the surrounding property owners; would put up the sound baffling; and would engineer sound to a lower level than required as their intent was to come below acceptable levels. Joe Kuchinski said he was committed to taking measures to mitigate noise levels; he was not an expert on sound but they were trying to be good corporate neighbors; the equipment they operate was noisy by its nature; and he appreciated Ms. Gardner's concerns. The Chair asked the applicant if they were in agreement with the Development Standards and Conditions of Approval. Mr. Clancy said they were. Tom Holton asked if the sound engineering consultant Duke Energy planned to hire would address all sides of the enclosure. Mr. Kuchinski said they had not hired an engineering consultant at this time but they had taken the first step in installing the sound baffling material and if that was not satisfactory they 21 would take the additional steps necessary to meet the conditions of the application. Mr. Holton asked Mr. Kuchinski if they owned the eighty acres next to the site with the prairie dogs. He replied that another division of Duke Energy, Duke Energy Gas Transmission Company, owned the property, but he assumed Duke Energy Gas Transmission would respond to the necessity to resolve the noise issue and be responsible for the management of the prairie dogs. Erich Ehrlich asked Ms. Davis, Environmental Health Department, if on page three, section 23-2-20 regarding prairie dogs, could the County do anything to eliminate prairie dogs. Ms. Davis said they monitored the prairie dogs for plague but did not advocate the termination of the colonies. Paul Branham said it was apparent that Duke Energy was well on their way to satisfying the concerns of the neighbors. Paul Branham moved that Case USR-1561, be forwarded to the Board of County Commissioners along with the Conditions of Approval and amended Development Standards with the Planning Commission's recommendation of approval. Tom Holton seconded the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Chad Auer, yes; Paul Branham, yes; Erich Ehrlich, yes; Tom Holton, yes; Doug Ochsner, yes; Roy Spitzer, yes; James Welch, yes; Bruce Fitzgerald, yes. Motion carried unanimously. Tom Holton commented that he would encourage Duke Energy to work with the neighbors to do what was necessary to resolve the prairie dog issue. Doug Ochsner commented this case was removed from the consent agenda so the applicant and neighbors could communicate. This has shown the system worked the way it was supposed too and he hoped the issues would be resolved favorably for all concerned. 10. CASE: USR-1559 APPLICANT: Eleanor Fransen Trust PLANNER: Kim Ogle LEGAL Lots A& B of RE-3865, part of the S2 NE4 of Section 29, T2N, R62W of the 6th P.M., Weld County, Colorado. REQUEST: Site Specific Development Plan and a Special Review Permit for an Airstrip in the A(Agricultural)Zone District. LOCATION: West of and adjacent to CR 77; approximately %mile north of CR 16. Kim Ogle, Department of Planning Services, said USR-1559 was an application for a Site Specific Development Plan and a Special Review Permit for an airstrip (non-commercial and private) in the A (Agricultural)Zone District located on an eighty acre tract in the agricultural zone district, more specifically described as Lots A& B of RE-3865. The applicants were William and Linda Snyder. This site was located west of and adjacent to CR 77; approximately% mile north of CR 16, and was not located within the three mile referral area for any municipality. Surrounding lands were in dry land crop production. There were several residences in the immediate vicinity in all directions. The proposed facility was located on level ground, west of CR 77 that was presently vacant. There were existing oil and gas encumbrances on site including a battery,wellhead and separator. Staff had received no telephone calls or letters of concerns from the oil and gas entity. The applicant was proposing one primary airstrip runway adjacent to the south property line and two auxiliary runways, one located from the south runway area to a point to the northwest and a crosswind runway located on the north south axis. A total of three runways were proposed. The sign for today's hearing was posted at least ten days prior to the hearing by Staff and was evidenced 22 Hello