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HomeMy WebLinkAbout20062577 INVENTORY OF ITEMS FOR CONSIDERATION Applicant Duke Energy Field Services Case Number AmUSR-256 Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X Department of Planning Services Field Check Form X N Planning Commissioner Fitzgerald Field Check Form Letter to Applicant X Affadavit of sign posting X Legal Notifications X 2 Application X Maps X Deed/Easement Certificate X Surrounding Property/Mineral Owners X Surrounding Property Owners X 3 Referral List X 4 Referrals without comment X City of Northglenn, referral dated 5-4-2006 City of Dacono, referral dated 5-5-2006 City and County of Broomfield, referral received 5-25-2006 5 Referrals with comments X Weld County Code Compliance, referral dated 5-3-2006 Weld County Department of Public Works, referral dated 5-12-2006 Weld County Sheriffs Office, referral dated 5-17-2006 Weld County Department of Public Health and Environment, referral dated 5-23-2006 Weld County Department of Building Inspection, referral dated 5-26-2006 Greater Brighton Fire Protection District, referral dated 5-31-2006, 6-5- 2006 6 Pr' Exhibits I hereby certify that the 5 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. EXHIBIT IKim O=e d Planner 2006-2577 41,42562 fermi LAN SDUSE APPLICATION MMARY SHEET COLORADO Planner: Kim Ogle Case Hearing Date: July 18, 2006 Number: AmUSR-256 Applicant: Duke Energy Field Services Address: Duke Energy Field Services, c/o Tim Clancy; Witwer, Oldenburg, Barry&Johnson LLP 822 7`"Street Suite 760; Greeley, CO 80631 Request: 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 Legal Description: Part SE4 of Section 28, T1 N, R67W of the 6th P.M., Weld County, Colorado Location: North of and adjacent to CR 4; 630 feet more or less west of CR 19 Size of Parcel: 2 +/-acres, USR Area POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services'staff has received responses from the following agencies: • Weld County Code Compliance, referral dated 5-3-2006 • City of Northglenn, referral dated 5-4-2006 City of Dacono, referral dated 5-5-2006 Weld County Department of Public Works, referral dated 5-12-2006 • Weld County Sheriffs Office, referral dated 5-17-2006 Weld County Department of Public Health and Environment, referral dated 5-23-2006 City and County of Broomfield, referral received 5-25-2006 • Weld County Department of Building Inspection, referral dated 5-26-2006 Greater Brighton Fire Protection District, referral dated 5-31-2006, 6-5-2006 The Department of Planning Services' staff has not received responses from the following agencies: • Adams County • Colorado Division of Wildlife • Town of Firestone • State of Colorado, Oil and Gas Conservation Commission • West Greeley Soil Conservation District EXHIBIT AmUSR-256, DUKE ENERGY SURREY FACILITY, page 1 ECIALrett,L. SDMINIS REVIEW PERMIT IEW1 ADMINISTRATIVE REVIEW COLORADO Planner: Kim Ogle Case Hearing Date: July 18, 2006 Number: AmUSR-256 Applicant: Duke Energy Field Services Address: Duke Energy Field Services, do Tim Clancy; Witwer, Oldenburg, Barry&Johnson LLP 822 7th Street Suite 760; Greeley, CO 80631 Request: 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 Legal Description: Part SE4 of Section 28, T1 N, R67W of the 6th P.M., Weld County, Colorado Location: North of and adjacent to CR 4; 630 feet more or less west of CR 19 Size of Parcel: 2 +/-acres, USR Area Parcel No. 1469-28-400026 THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST 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 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 original USR was applied for by Amoco Production Company,in 1974. The amended USR addresses the current on-site conditions,and serves as a baseline for future improvements to the site. Upgrades to the facility addressed under this amendment were for upgrades as required by the Oil and Gas Commission for regulatory compliance. Further,this amendment was required by the Department of Planning Services AmUSR-256, DUKE ENERGY SURREY FACILITY, page 2 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 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 an existing Natural Gas Facility(AmUSR- 589 approved 1994 [EnCana]); to Marcum Midstream [Conquest Oil Company] Brinewater Disposal USR-1033 approved 1994);and to Public Service/Xcel Energy Natural Gas Control Station and pipeline 3AmUSR 778 and USR-1077 respectively. In all directions,agricultural lands dominate. There are numerous oil and gas production facilities on adjacent and surrounding lands. There are three property owners within 500 hundred feet of this facility and several residences. The predominate land use is agricultural with Mineral Resource Development Facility in the near vicinity. 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 City of Dacono and the City of Northglenn and Adams County and the City and County of Broomfield. The City of Dacono, City of Northglenn and the City and County of Broomfield stated they had reviewed the request and found no conflicts with their interests. Adams County 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. 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 two (2)acre lease parcel surrounded by lands associated with agriculture and mineral resource development. 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 Department of Planning Services'staff 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. All sheets of the plat shall be labeled AmUSR-256. (Department of Planning Services) C. The plat shall be amended to delineate the following: 1) The attached Development Standards. (Department of Planning Services) AmUSR-256,DUKE ENERGY SURREY FACILITY, page 3 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 4 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 shall be delineated on the plat. (Department of Public Works) D. The applicant shall submit to the Weld County Department of Planning Services the following: 1. A recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception number. (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 approval shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public AmUSR-256, DUKE ENERGY SURREY FACILITY, page 4 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 May 12, 2006. Written evidence of approval shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) 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) J. 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) K. 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 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 mapsaco.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) AmUSR-256, DUKE ENERGY SURREY FACILITY, page 5 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS DUKE ENERGY- Surrey AmUSR-256 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. 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) AmUSR-256, DUKE ENERGY SURREY FACILITY, page 6 12. 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) 13. 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) 14. 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) 15. 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) 16. 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) 17. 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) 18. 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. (Greater Brighton Fire Protection District) 19. 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) 20. 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) 21. 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) 22. 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) 23. The facility shall comply with the Landscape and Screening Plan at all times. (Department of Planning Services) AmUSR-256, DUKE ENERGY SURREY FACILITY, page 7 24. 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) 25. 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) 26. 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) 27. 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) 28. 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) AmUSR-256,DUKE ENERGY SURREY FACILITY, page 8 Q"all" DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE .- 4209 CR 4 LONGMONT, COC 80504 PHONE: (720)652-4210, Ext. 8730 FAX: (720)652-4211 111k. COLORADO May 1,2006 Timothy Clancy do Witwer Oldenburg Barry&Johnson LLP 822 7'"St Ste 760 Greeley CO 80631 Subject: AmUSR-256- Request 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)in the A (Agricultural)Zone District on a parcel of land described as part SE4 of Section 28,T1 N, R67W of the 6th P.M.,Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for July 18, 2006, at 1:30 p.m. This meeting will take place in the Hearing Room, Southwest Weld County Planning Department,4209 CR 24.5, Longmont, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. .s the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088)requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written certification indicating the above requirements have been met. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials to the Dacono and Northglenn Planning Commission for their review and comments. Please call Dacono at(303) 833-2317 and Northglenn at(303)450-8743 for further details regarding the date,time,and place of this meeting. It is recommended that you and/or a representative be in attendance at the Dacono and Northglenn Planning Commission meeting to answer any questions the Commission members may have with respect to your application. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way,one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway(access drive)intersects a publicly maintained road right- of-way. The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four(24) hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. espectfully, ' nOgl anner PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS JULY 8, 2006 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING 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 KIM OGLE Name of Person Posting Sign / tL Signatur f Person Posting Sign STATE OF COLORADO )ss. COUNTY OF WELD ) // The foregoing instrument was subscribed and sworn to me this I Co day of , 2006. WITNESS my hand and official seal. 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Kt_ Net.;_ /7 .- -•-ate __ e, � Y - . : (; s71� +Aa ,l� , f, , ..., - _ate +i-s � `' t,,, allt t4Y 06 / 29 / 2006 . .. 1 A• e # if C ,.. - ?, .t rIts 41 gt":47-44 FIELD CHECK inspection date: June 2006 CASE NUMBER: AmUSR-256 APPLICANT: Duke Energy Field Services LEGAL DESCRIPTION: Part SE4 of Section 28, T1 N, R67W of the 6th P.M., Weld County, Colorado LOCATION: North of and adjacent to CR 4; 630 feet more or less west of CR 19 7onina .. I and Use N A(Agricultural) N Agricultural/Conquest Injection Well E A(Agricultural) E Agricultural/Encana Bone Yard S A(Agricultural) S Agricultural/Residential W A(Agricultural) W Agricultural/Residential with cows grazing in adjacent field COMMENTS: This is an older facility,with compressors housed within a corrugated metal building with access doors. The service yard is gated, locked and secure. Access to the facility is via a shared graded access easement off of the County Road. The service yard is graveled and graded with overhead lighting directed at specific equipment locations from the compressor building.There is no visual outside storage. There is a dumpster that will require screening from adjacent properties and road right-of-way. The general vicinity has numerous oil and gas support facilities, including compressor stations and booster facilities, Encana, Public Service and Conquest are all in the immediate area, Overhead electric, both sides of County Road. No underground telephone visible. Underground gas lines located both sides of County Road. County Road has borrow ditches north and south. Sign posted by Ogle Site photos by Martin Kim anner rti. Hello