HomeMy WebLinkAbout20070874.tiff RESOLUTION
RE: APPROVESITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT #543 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING A NATURAL GAS PROCESSING 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 Amended Use by Special Review Permit#543 for a Mineral
Resource Development Facility,including a Natural Gas Processing Facility,in the A(Agricultural)
Zone District on the following described real estate, being more particularly described as follows:
NE1/4 SE1/4 of Section 34,Township 7 North, Range
66 West of the 6th P.M., Weld County, Colorado
WHEREAS,said applicant was represented byJackie 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 Amended 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 22-5-100.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 Amended Use by
Special Review Permit#543 for a Mineral Resource Development Facility,
including a Natural Gas Processing Facility, in the A (Agricultural) Zone
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(0 : PL PG.) 7/Z- (el) 4-?At- int7'
AMENDED SPECIAL REVIEW PERMIT#543 - DUKE ENERGY FIELD SERVICES
PAGE 2
District, is an amendment to an existing permit. USR-543 for the Natural
Gas Processing Facility,identified as the Eaton Gas Processing Plant,was
approved by the Board of County Commissioners on March 23, 1983, 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 Oil and Gas 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 Oil and Gas
Support and Service(Natural Gas Processing Facility)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. Agricultural lands dominate the
immediate vicinity, with rural residential structures and oil and gas
encumbrances. There is a commercial operation identified as Optimum Arts
immediately adjacent to the north of the facility. There is no residence
associated with this operation. The site consists of commercial structures
only, permitted under USR-543. There are seven property owners within 500
feet of this facility. No letters or telephone calls were received specific to the
plant operation.
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 existing
site is within the three-mile referral area of the Town of Eaton. The Town of
Eaton returned a referral dated December 15, 2006, indicating no conflict
with its interests.
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 dated
January 8, 2007, indicating no conflict with its interests. The facility is not
within the Geologic Hazard or Flood Hazard Overlay District. 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.
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AMENDED SPECIAL REVIEW PERMIT#543 - DUKE ENERGY FIELD SERVICES
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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. The land is designated"prime, if irrigated"on the Important Farmlands
of Weld County Map, dated 1979. This existing facility was acquired by the
Duke Energy Field Services Division in 1991. Previous to this acquisition the
facility was permitted, and operated by, Associated Natural Gas, Inc., for
approximately 25 years.
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 Duke Energy Field Services for a Site Specific
Development Plan and Amended Use by Special Review Permit#543 for a Mineral Resource
Development Facility, including a Natural Gas Processing 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) All sheets of the plat shall be labeled AmUSR-543.
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.
6) Weld County Road 33 is designated on the Weld County Road
Classification Plan as a collector road,which requires 80 feet of right-
of-way at full buildout. There is presently 60 feet of right-of-way. An
additional 10 feet shall be delineated on the plat as future Weld
County Road 33 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.
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AMENDED SPECIAL REVIEW PERMIT#543 - DUKE ENERGY FIELD SERVICES
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7) The application and the aerial view reflect one main existing access
to the Eaton Gas Plant facility from Weld County Road 33 with
adequate turning radii. The access has been recessed to allow a
semi to pull off the roadway before entering the facility through the
locked gate. The applicant shall identify parking adjacent to the office
area, as there is no scale shown on either drawing to determine
parking spaces or regulate the number of parking spaces required.
These spaces shall be placed on the plat drawing and shown with
wheel guards and curb stops. The applicant shall continue to utilize
all existing parking lots and the established circulation within all
parcels associated with this facility.
8) The applicant shall delineate the off-street loading areas. Each
loading space shall be at least 35 feet in length and 10 feet in width,
and shall be unobstructed from the surface up to a height of at least
15 feet.
9) The screened trash enclosure for the facility.
10) The location of the existing North Weld County Water District water
main, and the location of the high hazard back-flow prevention
devices and meter vaults.
B. 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 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.
C. The applicant shall submit a DustAbatement 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.
D. 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
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AMENDED SPECIAL REVIEW PERMIT#543 - DUKE ENERGY FIELD SERVICES
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of such shall be submitted,in writing,to the Weld County Department
of Planning Services.
E. 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 acre in area.
The applicant shall contact the Water Quality Control Division (WQCD) of
the Colorado Department of Public Health and Environment at
www.cdphe.state.co.us/wq/PermitsUnit for more information. Written
evidence of approval shall be submitted to the Department of Planning
Services.
F. The applicant shall address the concerns of the Department of Public
Works,as outlined in its referral dated January4,2007. 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 Weld County Department of Planning Services.
G. The applicant shall submit a Screening Plan to the Department of Planning
Services to address the outdoor storage of materials associated with this
facility, which shall be screened from adjacent properties and the public
rights-of-way.
H. The applicant shall submit a Sign Plan to the Department of Planning
Services for all facility identification signs, including location and size.
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 Amended Use by Special Review. Acceptable CAD formats are
.dwg, .dxf, and.dgn(Microstation);acceptable GIS formats are ArcView shapefiles,
Arclnfo Coverages and Arclnfo Export files format type is.e00. The preferred format
for Images is.tif(Group 4). (Group 6 is not acceptable). This digital file may be sent
to maps@co.weld.co.us.
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AMENDED SPECIAL REVIEW PERMIT#543 - DUKE ENERGY FIELD SERVICES
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4. The Amended Use by Special Review activity shall not occur, nor shall any building
or electrical permits be issued on the property, until the Amended Use by Special
Review plat is ready to be recorded in the office of the Weld County Clerk and
Recorder.
5. In accordance with Weld County Code Ordinance#2005-7,approved June 1,2005,
should the plat not be recorded within the required thirty(30)days from the date of
the Board of County 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
I / EL UNTYCO R O
ATTEST: I G / .,, .
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Weld County Clerk to the Bit . %;,a
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BY: }Ulekk to the Board
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1 Robert D. Masden
County Attorney ,e.v..,61c -
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Date of signature: 511167
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DUKE ENERGY FIELD SERVICES
AMUSR#543
1. Site Specific Development Plan and Amended Use by Special Review Permit#543 is 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.
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 manner that
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. 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.
8. The operation shall comply with all applicable State noise statutes and/or regulations.
9. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
10. Sewage disposal for the facility shall be by septic system-Septic Permit#19830181. Any
septic system located on the property must comply with all provisions of the Weld County
Code, pertaining to Individual Sewage Disposal Systems.
11. The facility shall utilize the existing public water supply(North Weld County Water District).
12. 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.
13. If applicable,the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
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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DEVELOPMENT STANDARDS - DUKE ENERGY FIELD SERVICES (USR#543)
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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. The applicant shall provide a letter
of approval from the Eaton Fire Protection District prior to applying for building permits.
21. Effective January 1,2003, building permits issued on the lotwill be required to adhere to the
fee structure of the County-Wide Road Impact Fee Program.
22. Effective August 1, 2005, building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee.
23. The facility operates twenty-four(24)hours a day, seven (7) days a week, as stated in the
application materials.
24. The Eaton Plant Facility is limited to one(1)full-time employee,as stated in the application
materials.
25. The Eaton Plant Facility is limited to six (6) trucks per day, as stated in the application
materials.
26. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
27. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
28. 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.
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DEVELOPMENT STANDARDS - DUKE ENERGY FIELD SERVICES (USR #543)
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29. The Amended 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.
30. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards
may be reason for revocation of the Permit by the Board of County Commissioners.
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