HomeMy WebLinkAbout20061256 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Doug Ochsner,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: 3rd AmUSR-552
APPLICANT: Duke Energy
PLANNER: Chris Gathman •
LEGAL DESCRIPTION: Lot A of RE-614 (located in part of the W2SE4) and a portion of a strip of
land 150 feet wide located in part of the W2SE4 of Section 28, T6N, R65W
of the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Amended Special Review Permit for
a mineral resource development facility including a natural gas processing
facility in the A (Agricultural)Zone District
LOCATION: 1/4 mile west of CR 47 and approximately Y mile north of CR 64.
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 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 22-5-100.6(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 fora Mineral Resource Development Facility including a Natural Gas
Processing Facility in the A(Agricultural)Zone District is the third amendment to an existing
permitted facility. The original USR was applied for by Colorado Gathering and Processing
Company, in 1983. The application was for a natural gas processing plant and support
facilities. The amended USR was applied for by Colorado Gathering and Processing
Company,in 1986.The second amended USR addressed the current on-site conditions,and
served as a baseline for future improvements to the site. Upgrades to the facility addressed
under this amendment were for a new compressor building and upgrades as required by the
Oil and Gas Commission for regulatory compliance. Further,this amendment was required
by the Department of Planning Services due to a change in ownership of the facility. The
third amendment is to facilitate additional gas production growth without any disruption of
service. This modernization is necessitated by the need to move larger volumes of gas and
enhance safety of the facility due to the recent increases in drilling activity and projected
additional increases by Duke Energy Field Services producer customers.
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 in the middle of the section adjacent to the vacated
Union Pacific Railroad right-of-way. In all directions, agricultural lands dominate. There are
numerous oil and gas production facilities approximately one-half mile directly south of this
facility. Operators include RA Resources, Inc., Prima Oil and Gas and Sunshine Valley
Petroleum. All operators have at least one Use by Special Review permit in place.
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 m *,
development as projected by Chapter 22 of the Weld County Code and any other applicable Z
code provisions or ordinances in effect, or the adopted Master Plans of affected K
W E
2006-1256
TIOMMOoraea
I
Resolution 3Am USR-552
Duke Energy
Page 2
municipalities. The existing site is within the three mile referral area of the City of Greeley
and Town of Eaton.The City of Greeley stated they had reviewed the request and found no
conflicts with their interests. The Town of Eaton did not respond to the referral request.
E. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code.
The site is within the Airport Overlay District. The Greeley-Weld County Airport has no
immediate concerns with the proposal, however, should any construction on site include tall
structures,the Greeley-Weld County Airport requests that a Federal Aviation Administration
7460-1 airspace study be performed.
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
approximately a 4.5 acre parcel adjacent to lands formerly utilized as a single track rail for
the Union Pacific Railroad.
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 scheduling the Board of County Commissioners Hearing:
The applicant shall submit written evidence of a Lease agreement with Michael and Paul Hungenberg
property owners of lands utilized in the expansion of the Lucerne Duke Energy Field Services facility,
or submit a Recorded Exemption application for the lands associated with the expansion of this
facility. (Department of Planning Services)
2. 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. All sheets of the plat shall be labeled 3rd AmUSR-552. (Department of Planning Services)
C. 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,including
the fifty-five gallon barrels associated with this facility shall be screened from
adjacent properties, including the public rights-of-way. (Department of Planning
Services)
3. County Road 43 is designated on the Weld County Road Classification Plan as a
collector status road,which requires an 80-foot right-of-way at full build out. There
is presently sixty(60)feet of right-of-way.A total of forty(40)feet from the centerline
Resolution 3AmUSR-552
Duke Energy
Page 3
of County Road 43 shall be delineated on the plat as right-of-way reservation for
future expansion of County Road 43. 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)
D. The applicant shall submit a written request to withdraw 2nd AmUSR-552. (Department of
Planning Services)
E. 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 such shall be submitted in
writing to the Weld County Department of Planning Services. (Department of Public Health
and Environment)
F. Submit a dust abatement plan to the Environmental Health Services, Weld County
Department of Public Health&Environment,for approval prior to operation.Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Public Health and Environment)
G. The applicant shall submit a waste handling plan, for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health& 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)
H. 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 January 13, 2006. Written evidence of approval shall be submitted to
the Weld County Department of Planning Services. (Department of Public Works)
The applicant shall provide written evidence from the Department of Building Inspection of
compliance with building permits issued by the Department of Building Inspection as outlined
in their referral dated February 13, 2006. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services. (Department of Building Inspection)
J. The applicant shall address the concerns and requirements of the State of Colorado,Oil and
Gas Conservation Commission as referenced in their letter dated January 20, 2006. The
applicant shall provide written evidence of approval and compliance with the standards as
indicated in this letter to the Department of Planning Services. Further, the applicant shall
submit written evidence of such from the State of Colorado, Oil and Gas Conservation
Commission. (State of Colorado, Oil and Gas Conservation Commission)
Resolution 3AmUSR-552
Duke Energy
Page 4
K. 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)
L. The applicant shall address the concerns and requirements of the Eaton Fire Protection
District as stated in their referral dated January 5, 2006. Written evidence of compliance
with their regulations shall be submitted to the Department of Planning Services. (Eaton Fire
Protection District)
M. The applicant shall submit two sets of construction and site plans to the Eaton Fire 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)
N. 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)
O. 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)
3. Upon completion of 1. and 2. 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)
4. 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(@co.weld.co.us. (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 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)
6. Prior to Operation:
A. The applicant shall contact the office of the Weld County Sheriff to schedule a walk-
through of the site for the purposes of implementing the program "Crime Prevention
through Environmental Design". This program reduces the likelihood of criminal activity at
a specific location by"hardening" it to crime. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Sheriff's Office)
B. Submit approved mylar of the Recorded Exemption to the Department of Planning
Services. (Department of Planning Services)
7. 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)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DUKE ENERGY - LUCERNE
3rd AMUSR-552
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. Adequate handwashing and toilet facilities shall be provided for employees. (Department of Public
Health and Environment)
9. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank
Regulations (7 CCR 1101-14). (Department of Public Health and Environment)
10. 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)
11. The applicant shall operate in accordance with the approved"waste handling plan". (Department of
Public Health and Environment)
12. Any septic systems 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)
13. The facility shall utilize the existing public water supply for drinking and sanitary purposes.(North weld
County Water District) (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)
15. 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)
16. 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)
17. 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)
18. 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)
19. 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)
Resolution 3AmUSR-552
Duke Energy
Page 2 •
20. 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. (Eaton Fire Protection District)
21. The applicant shall provide dust suppressant as needed to the access road and truck loading area
to mitigate less problems to the adjacent agricultural/ residential parcels in the area. The dust
application is required due to the heavy hauling associated with this proposed site use. (Department
of Public Works)
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)
24. 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)
25. The facility shall comply with the Landscape and Screening Plan at all times. (Department of
Planning Services)
26. 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)
27. 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)
28. 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)
29. 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)
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. (Department of Planning
Services)
Motion seconded by Roy Spitzer
Resolution 3AmUSR-552
Duke Energy
Page 2
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, Voneen Macklin, 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 March 7, 2006.
Dated the 7th of March, 2006.
r--
V S SI-t-`- �CactaA_s_&.
Voneen Macklin
Secretary
7- Zuc(
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, March 7, 2006
A regular meeting of the Weld County Planning Commission was held Tuesday 2006, in the Weld County Department
of Planning Services, Hearing Room,918 10`h Street,Greeley, Colorado. The meeting was called to order by Michael
Miller, at p.m.
ROLL CALL
Michael Miller
Erich Ehrlich Absent
Roy Spitzer
James Welch
Bruce Fitzgerald Absent
Chad Auer Absent
Doug Ochsner
Tom Holton
Paul Branham
Also Present: Sheri Lockman, Chris Gathman, Jacqueline Hatch, Kim Ogle, Brad Mueller, Don Carroll, Pam Smith,
Trevor Jiricek, Jesse Hein, Peter Schei
The summary of the last regular meeting of the Weld County Planning Commission held on, February 21,2006,was
approved as read.
Item to be withdrawn:
CASE NUMBER: SD-06-001
APPLICANT: Melody Homes
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Parcels of land described as the easterly 120 acres of the NE4 and part of the SE4
(68.579 acres more or less)of Section 33 and part of the SW4 (111.102 acres more or
less)of Section 34,T3N, R68W of the 6th P.M.,Weld County,Colorado.
REQUEST: Request for a Service Plan for a Metropolitan District(Adler Estates).
LOCATION: South of and adjacent to CR 28 and east and west of and adjacent to CR 7.
Mr. Miller asked if there any objections from Planning Commission in him being chair for today.
The following items will be continued:
CASE NUMBER: PZ-1082
APPLICANT: Kiteley Farms, LLLP
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot B of RE-843; Pt NW4 of Section 27, T3N, R68W of the 6th P.M., Weld
County, Colorado.
REQUEST: Change of Zone from A(Agriculture)to PUD (Planned Unit Development)for
429 residential lots, open space and continuing oil and gas production (Kiteley
Ranch at Foster Lake)
LOCATION: South of and adjacent to Highway 66 and east of and adjacent to CR 7.
Sheri Lockman, Department of Planning Services read a letter requesting a continuance to April 18, 2006 for
additional time for referral agency comments.
Doug Ochsner moved to continue the case to April 18, 2006. Tom Holton seconded. Motion carried.
The following items are on the Consent Agenda:
CASE NUMBER: 3r°AmUSR-552 f pj
APPLICANT: Duke Energy m
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot A of RE-614 (located in part of the W2SE4)and a portion of a strip = c
K d
W
of land 150 feet wide located in part of the W2SE4 of Section 28,T6N, R65W of
the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Amended Special Review Permit for a
mineral resource development facility including a natural gas processing facility
in the A(Agricultural)Zone District
LOCATION: 1/4 mile west of CR 47 and approximately Y2 mile north of CR 64.
Doug Ochsner moved to approve the Consent Agenda. Roy Spitzer seconded. Motion carried.
The following items will be Heard:
CASE NUMBER: USR-1534
APPLICANT: Duke Energy Field Services
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part N2N2SW4 of Section 29, T5N, R66W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a mineral
resource development facility including an oil and gas support and service facility
(gas processing facility) in the A(Agricultural)Zone District
LOCATION: West of and adjacent to Two Rivers Parkway and approximately''%mile north of
49th Street.
Chris Gathman, Department of Planning Services presented Case USR-1534, reading the recommendation and
comments into the record. The Department of Planning Services is recommending approval of the application
along with the Conditions of Approval and Development Standards. The applicant is proposing three Conditions
of Approval. The first one would be located in Prior to Scheduling, item 1 B and it will state"The applicant shall
submit a lighting plan to the Weld County Department of Planning Services for review by the Department of
Planning Services. Item 5 B shall be inserted with the following language"The applicant shall install a hospital
muffler on the facility." Add Development Standard#18 to state"The facility shall be limited to a total of one
compressor engine."
Tim Clancy, representative for the applicant, indicated they have addressed the concerns that were brought
forward by the neighbor at the previous meeting.
Michael Miller asked if they were replacing an existing compressor. Mr. Clancy stated this site did not have an
original USR so they are attempting to come into compliance. The compressor has been used intermittently.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one
wished to speak.
Doug Ochsner moved to accept the Conditions of Approval requested by staff. Tom Holton seconded. Motion
carried.
Tim Clancy indicated the applicant accepts the Development Standards and Conditions of Approval.
Paul Branham moved that Case USR-1534, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval.
Doug Ochsner seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy Spitzer,yes;
James Welch, yes; Michael Miller, yes; Tom Holton, yes; Doug Ochsner, yes; Paul Branham, yes. Motion carried
unanimously.
CASE NUMBER: USR-1543
APPLICANT: Cozy Cow Dairy LLC
PLANNER: Brad Mueller
LEGAL DESCRIPTION: Part NE4 of Section 8, T5N, R67W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan & Special Review Permit for a Guest Farm
(educational programming, restaurant, gift shop) located in the A(Agricultural)
Zone District
LOCATION: West of and immediately adjacent to CR 17, one-half mile north of Highway 34
Brad Mueller, Department of Planning Services presented Case USR-1543, reading the recommendation and
comments into the record. The Department of Planning Services is recommending approval of the application
2
Hello