HomeMy WebLinkAbout20070875.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Fitzgerald, 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 NUMBER: AmUSR-543
APPLICANT: Duke Energy Field Services
PLANNER: Kim Ogle
LEGAL DESCRIPTION: NE4SE4 of Section 34, T7N, R66W of the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and an Amended Special Review Permit for a
Mineral Resource Development Facility including a Natural Gas Processing
Facility in the A (Agricultural)Zone District
LOCATION: West of and adjacent to CR 33; north of CR 74.
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 Weld County Planning Commission 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 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 is an amendment to an existing permit.
❑ USR-543 for the Natural Gas Processing Facility identified as the Eaton Gas
Processing Plant approved by the Board of County Commissioner's Resolution
in March 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 23-2-220.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 a Mineral Resource Development Facility including Oil and Gas Support and
Service (Natural Gas Processing Facility) in the A(Agricultural)Zone District
C. Section 23-2-220.A.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, commercial
structures only and permitted under USR-829. There are seven property owners
within five hundred feet of this facility. No letters or telephone calls were received
specific to the plant operation.
EXHIBIT
2007-0875 r•ll'1VSkZ##513
Resolution AmUSR-543
Duke Energy Field Services
Page 2
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 Town of Eaton. The Town of Eaton returned a referral dated
December 15, 2006 indicating no conflict with their interests.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5 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 their interests. The facility is not within the Geologic Hazard or Flood
Hazard Overlay District. The existing site is within the County Road Impact Fee Area
and the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
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. 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 twenty-five years.
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 Weld County Planning Commission recommendation for approval is conditional upon the following:
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.
(Department of Planning Services)
2. All sheets of the plat shall be labeled AmUSR-543. (Department of Planning
Services)
3. The attached Development Standards. (Department of Planning Services)
4. The approved Screening Plan, to address the outdoor storage of materials,
associated with this facility shall be screened from adjacent properties, and the
public rights-of-way. (Department of Planning Services)
5. The approved Sign Plan. (Department of Planning Services)
Resolution AmUSR-543
Duke Energy Field Services
Page 3
6. 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 build out. There is
presently 60 feet of right-of-way.An additional 10 feet shall be delineated on the plat
as future 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. (Department of Public
Works)
7. The application and the aerial view reflect one main existing access to the Eaton
Gas Plant facility from County Road 33 with adequate turning radiuses. The access
has been recessed to accommodate a semi to pull-off the roadway before entering
the facility through the locked gate. The applicant is identifying 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. (Department of Public
Works)
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. (Department of Public Works)
9. The screened trash enclosure for the facility. (Department of Planning Services)
10. The location of existing North Weld County Water District water main and the
location of the high hazard backflow prevention devices and meter vaults.
(Department of Planning Services)
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, Colorado Department
of Health and Environment to the Department of Public Health and Environment . Written
evidence of approval shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
C. The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health & Environment.
Written evidence of approval shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
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& 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)
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. Contact the Water Quality Control Division of the Colorado
Department of Public Health and the Environment atwww.cdphe.state.co.us/wu/PermitsUnit
Resolution AmUSR-543
Duke Energy Field Services
Page 4
for more information.Written evidence of approval shall be submitted to the Department of
Planning Services. (Department of Public Health and Environment)
F. The applicant shall address the concerns of the Department of Public Works as outlined in
their referral dated January 4, 2007. Parking and loading facilities should be adequately
graveled and should be graded to prevent drainage problems.Written evidence of approval
by the Department of Public Works shall be submitted in writing to the Weld County
Department of Planning Services. (Department of Public Works)
G. Submit a Screening Plan to the Department of Planning Services, to address the outdoor
storage of materials,associated with this facility shall be screened from adjacent properties,
and the public rights-of-way. (Department of Planning Services)
H. Submit a Sign Plan to the Department of Planning Services,for all Facility identification signs,
including location and size. (Department of Planning Services)
The applicant shall submit two (2) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
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 plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat
and additional requirements shall be submitted within thirty (30)days from the date of the Board of
County Commissioners resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
3. The Department of Planning Services respectively 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 mapsna,co.weld.co.us. (Department of Planning Services)
4. 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)
5. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005,should the plat not
be recorded within the required sixty(60)days from the date of the Board of County Commissioner
Resolution was signed a $50.00 recording continuance charge shall be added for each additional 3
month period. (Department of Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DUKE ENERGY FIELD SERVICES
Eaton Gas Processing Plant
AmUSR-543
1. The Request 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, 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., as amended) 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,
fugitive particulate emissions,blowing debris,and other potential nuisance conditions. (Department
of Public Health and Environment)
6. The applicant shall operate in accordance with the approved"waste handling plan". (Department of
Public Health and Environment)
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. (Department of Public
Health and Environment)
8. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
9. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility.
(Department of Public Health and Environment)
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. (Department of Public Health and Environment)
11. The facility shall utilize the existing public water supply. (North Weld County Water District)
(Department of Public Health and Environment)
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
(HAP's)and volatile organic compounds (VOC's). (Department of Public Health and
Environment)
13. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health & Environment, Water Quality Control Division. (Department of
Public Health and Environment)
14. 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)
Resolution AmUSR-543
Duke Energy Field Services
Page 6
15. The applicant is required to comply with all Colorado Department of Health and Environmental
(CDPHE) regulations regarding berming and spill prevention for materials and liquids stored on
site. (Department of Public Works)
16. The applicant is required to comply with all Colorado Department of Health and Environment,
Water Quality Control Division regulations regarding storm water quality permitting and protection
and construction storm water discharges. (Department of Public Works)
17. A building permit will be required for all new buildings on site. A building permit will also be
required for additional equipment that will require a foundation. (Department of Building
Inspection)
18. A plan review is required for each building. Plans will require the wet stamp of a Colorado
registered architect or engineer. (Department of Building Inspection)
19. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of
permit application. (Department of Building Inspection)
20. Fire resistance of walls and openings, construction requirements, maximum building height and
allowable areas will be reviewed at the plan review. (Department of Building Inspection)
21. Provide letter of approval from Eaton Fire Protection District prior to applying for building permits.
(Department of Building Inspection)
22. 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)
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.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
24. The facility operates twenty-four(24) hours a day, seven (7)days a week as stated in the
application materials. (Department of Planning Services)
25. The Eaton Plant Facility is limited to one(1)full-time employees as stated in the application
materials. (Department of Planning Services)
26. The Eaton Plant Facility is limited to one (1)truck per day as stated in the application materials.
(Department of Planning Services)
27. 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)
28. 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)
29. 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)
30. 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)
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Resolution AmUSR-543
Duke Energy Field Services
Page 7
31. 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
Bruce Fitzgerald
Erich Ehrlich
Roy Spitzer
Chad Auer
Doug Ochsner
James Welch
Tom Holton
Paul Branham
Mark Lawley
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, Kristine Ranslem, 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 the 6'"of March, 2007.
Dated the 6`" of March, 2007.
7/ -Yh GV T `Gain
Kristine Ranslem
Secretary
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including badminton, basketball, croquet, golf driving range,
horseshoes and volleyball; outdoor events including Easter egg
hunt, hay/straw wagon rides, pumpkin patch, sleigh rides and
surrey rides; holiday parties and community gatherings along
with accessory uses including bar service and catering) in the A
(Agricultural)Zone District.
LOCATION: 1/2 mile north of State Hwy 14; west of and adjacent to CR 17.
Chris Gathman stated that Russell Pope is requesting a continuance until April 3, 2007. There is a
recommendation from the Department of Public Works that a drainage report be submitted for their review
prior to the Planning Commission hearing.
Bruce Fitzgerald moved that Case USR-1601 be continued until April 3, 2007, seconded by Doug Ochsner.
Motion carried.
CASE NUMBER: PZ-1116
APPLICANT: Lone Tree Estates
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot C of RE-3846, part of the NW4 of Section 27, T7N, R65W of
the 6th P.M., Weld County, Colorado.
REQUEST: Lone Tree Estates PUD, Change of Zone from the A
(Agricultural)Zone District to PUD for three (3) lots with (E)
Estate Zone uses.
LOCATION: East of and adjacent to CR 43 and approximately 1/2 mile north of
CR 76.
Chris Gathman stated that Lone Tree Estates, in care of Troy Hauer for A Better Job, Inc., applied for a
change of zone from an Agricultural Zone District to PUD for three (3) lots for Estate Zone uses. It was
noted that the Planning Commission hearing was not properly notified in the newspaper. The Department
of Planning Services requests that this case be continued until April 3, 2007 to fulfill these requirements.
The Chair asked if there was anyone in the public who wishes to speak for or against the continuance of
PZ-1116. Having none, the public portion was closed.
Tom Holton motioned to continue PZ-1116 to April 3, 2007, seconded by Doug Ochsner. Motion carried.
CONSENT ITEMS
CASE NUMBER: USR-1594
APPLICANT: Swift Beef Company
PLANNER: Kim Ogle
LEGAL DESCRIPTION: SW4 of Section 31, T6N, R64W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit
for an Agricultural Service establishment primarily engaged in
performing agricultural, animal husbandry or horticultural
services on a fee or contract basis, including: Animal waste
recycling or processing facilities (Waste Water Treatment
Facility) in the A(Agricultural)Zone District for the property
described below.
LOCATION: South of and adjacent to CR 62.5; west of and adjacent to CR
51.
IN jw.ru j
EXHIBIT
CASE NUMBER: USR-1598
APPLICANT: Kinder Morgan
PLANNER: Kim Ogle
LEGAL DESCRIPTION: SE4 of Section 5, T11 N, R66W of the 6th P.M., Weld County,
Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a
Mineral Resource Development Facility including Natural Gas
Processing Facility in the A(Agricultural)Zone District.
LOCATION: West of and adjacent to State Hwy 85; north of and adjacent to
CR 132.
CASE NUMBER: AmUSR-543
APPLICANT: Duke Energy Field Services
PLANNER: Kim Ogle
LEGAL DESCRIPTION: NE4SE4 of Section 34, T7N, R66W of the 6th P.M., Weld
County, Colorado.
REQUEST: A Site Specific Development Plan and an Amended Special
Review Permit for a Mineral Resource Development Facility
including a Natural Gas Processing Facility in the A(Agricultural)
Zone District.
LOCATION: West of and adjacent to CR 33; north of CR 74.
CASE NUMBER: USR-1600
APPLICANT: SLW Ranch Company(Stow Witwer)
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part NW4 of Section 11, T5N, R64W of the 6th P.M.,Weld
County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for
one (1) single-family dwelling unit other than those permitted
under Section 23-2-20.A of the Weld County Code (a guest
house to be built in addition to an existing 2 story residence) in
the A(Agricultural)Zone District.
LOCATION: North of and adjacent to CR 58.5; Y2 mile east of CR 55.
The Chair asked if there was anyone in the audience who wished to speak for or against any items on the
Consent Agenda, which would include USR-1596. No one wished to speak.
Bruce Fitzgerald moved that Cases USR-1596, USR-1594, USR-1598, AmUSR-543, and USR-1600 be
forwarded to the Board of County Commissioners along with the Conditions of Approval and Development
Standards with the Planning Commissions recommendation of approval. Tom Holton seconded the motion.
Motion carried unanimously.
HEARING ITEMS
CASE NUMBER: USR-1586
APPLICANT: Justin &Wendy Markwardt
PLANNER: Hannah Hippely
LEGAL DESCRIPTION: Lot A of RE-1758; Pt SE4 of Section 34, T6N, R66W of the 6th
P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for
a use permitted as a Use by Right, an Accessory Use, or a Use
by Special Review in the Commercial or Industrial Zone District
(Outdoor Storage of Recreational Vehicles, Boats, Trailers, and
Mini Warehousing for personal/household storage) in the A
(Agricultural)Zone District.
LOCATION: South of and adjacent to F Street; approx 3/4 mile east of N. 59`h
Ave.
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