HomeMy WebLinkAbout20061255 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND THIRD AMENDED USE BY
SPECIAL REVIEW PERMIT #552 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 24th day of
May, 2006, 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,fora
Site Specific Development Plan and Third Amended Use by Special Review Permit#552 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:
Lot A of Recorded Exemption#614, and a portion of
a strip of land 150 feet wide, all located in part of the
W1/2 SE1/4 of Section 28, Township 6 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS,said applicant was represented by Tim Clancy,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 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 23-2-230.6.1 --The proposed use is consistent with Chapter22 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
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THIRD AMENDED SPECIAL REVIEW PERMIT#552 - DUKE ENERGY FIELD SERVICES
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resources should conserve the land and minimize the impact on surrounding
land." The request fora Site Specific Development Plan and Use by Special
Review Permit for a 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 fora 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 Colorado Oil and
Gas Conservation 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 23-2-230.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 an Oil and Gas Support and Service as a Use by Special Review
in the A(Agricultural) Zone District.
c. Section 23-2-230.B.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 23-2-230.6.4--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 City of Greeley and Town of
Eaton. The City of Greeley stated it had reviewed the request and found no
conflicts with its interests. The Town of Eaton did not respond to the referral
request.
e. Section 23-2-230.6.5--The application complies with Chapter 23,Article V,
of the Weld County Code. The site is within the Airport Overlay District. The
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Greeley-Weld CountyAirportAuthority has no immediate concerns with the
proposal;however,should any construction on the site include tall structures,
the Authority 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-Wide Road Impact 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.
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. 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 23-2-230.6.7 -- 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 Third Amended Use by Special Review Permit#552 fora 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 prepared in accordance with Section 23-2-260.D of the
Weld County Code.
B. All sheets of the plat shall be labeled 3rd AmUSR-552.
C. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The approved Screening Plan, to address the outdoor storage of
materials, including the fifty-five gallon barrels associated with this
facility,which shall be screened from adjacent properties and public
rights-of-way.
3) Weld County Road 43 is designated on the Weld County Road
Classification Plan as a collector status road,which requires 80 feet
of right-of-way at full buildout. There is presently sixty feet of
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THIRD AMENDED SPECIAL REVIEW PERMIT#552 - DUKE ENERGY FIELD SERVICES
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right-of-way. A total of forty feet from the centerline of Weld County
Road 43 shall be delineated on the plat as right-of-way reservation for
future expansion of Weld County Road 43. This road is maintained
by Weld County.
4) The screened trash enclosure for the facility.
5) A graphic key and or symbol serving to identify each com ponent 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.
D. The applicant shall submit a written request to withdraw 2nd AmUSR-552.
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 (APCD) of the 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.
F. The applicant shall submit a Dust Abatement Plan to the Environmental
Health Services Division of the Weld County Department of Public Health
and Environment,for approval prior to operation. Evidence of such shall be
submitted, in writing,to the Weld County Department of Planning Services.
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 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
of such shall be submitted,in writing,to the Weld County Department
of Planning Services.
H. The applicant shall provide evidence of approval by the Department of Public
Works concerning the on-site access,circulation,and stormwaterdrainage,
as addressed in their memorandum dated January 13, 2006. Written
evidence of approval shall be submitted to the Weld County Department of
Planning Services.
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THIRD AMENDED SPECIAL REVIEW PERMIT#552 - DUKE ENERGY FIELD SERVICES
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I. The applicant shall provide written evidence of compliance with building
permits issued by the Department of Building Inspection, as outlined in the
referral dated February 13, 2006. Evidence of such shall be submitted, in
writing, to the Weld County Department of Planning Services.
J. The applicant shall address the concerns and requirements of the State of
Colorado,Colorado Oil and Gas Conservation Commission,as referenced
in the letter dated January 20, 2006. The applicant shall provide written
evidence of approval and compliance with the standards,as indicated in the
letter to the Department of Planning Services. Further, the applicant shall
submit written evidence of such from the Colorado Oil and Gas Conservation
Commission.
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 delineated on the plat.
L. The applicant shall address the concerns and requirements of the Eaton Fire
Protection District, as stated in its referral dated January 5, 2006. Written
evidence of compliance with its regulations shall be submitted to the
Department of Planning Services.
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 its regulations shall be submitted to the 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 Colorado Department of
Public Health and Environment,Air Pollution Control Division,specific to the
federally-mandated program addressing the Weld County Air Quality
Containment Area.
O. 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 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 Use by Special Review. Acceptable CAD formats are.dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo
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THIRD AMENDED SPECIAL REVIEW PERMIT#552 - DUKE ENERGY FIELD SERVICES
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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.
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 three (3) month period.
5. Prior to Operation:
A. The applicant shall contact the Weld County Sheriff's Office 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.
B. The applicant shall submit the approved mylar of the Recorded Exemption
to the Department of Planning Services.
6. The Use by Special Review activity shall not occur,nor shall any building or electrical
permits be issued on the property, until the Use by Special Review plat is ready to
be recorded in the office of the Weld County Clerk and Recorder.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 24th day of May, A.D., 2006.
t . EL e�BOARD OF COUNTY COMMISSIONERS
ELD CO Y, COLORADO
ATTEST: iindi � i5:2 •f v_'!�
J eile, Chair
Weld County Clerk to the B ��
BY:
!u ®�Ni.'�'David E. Long, Pro-Tem f
Dep Clerk the Board EXCUSED
W V� Jerke
APP AS TO F 1\VVI�"
Robert D. as n
y Attor y
I J Glenn Vaad
Date of signature: (1 11 3/G(p
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DUKE ENERGY FIELD SERVICES
3RD AMENDED USR#552
1. The Site Specific Development Plan and Third Amended Use by Special Review Permit
#552 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 forfinal 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, blowing debris, and other potential nuisance conditions.
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.
7. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone District, as delineated in Section 25-12-103, C.R.S.
8. Adequate hand washing and toilet facilities shall be provided for employees.
9. All potentially hazardous chemicals must be stored and handled in a safe manner in
accordance with product labeling and in a manner that minimizes the release of hazardous
air pollutants and volatile organic compounds.
10. The applicant shall operate in accordance with the approved Waste Handling Plan.
11. Any septic systems located on the property must comply with all provisions of the Weld
County Code pertaining to Individual Sewage Disposal Systems.
12. The facility shall utilize the existing public water supply for drinking and sanitary purposes
(North Weld County Water District).
13. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
14. 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.
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15. 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.
16. 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.
17. Buildings shall conform to the requirements of the 2003 International Building,Mechanical,
and Plumbing Codes,the 2002 National Electrical Code,and Chapter 29 of the Weld County
Code.
18. Building height,setback,and offset distances shall be determined by the Weld County Code.
Separation of buildings of mixed occupancy classifications shall be in accordance with
Table 302.3.3 of the 2003 International Building Code.
19. The facility shall comply with the 2003 International Fire Code (2003 IFC), Section 606
Mechanical Refrigeration(2003 IFC),Chapter 32 Cryogenic Fluids(2003 IFC),Chapter34
Flammable and Combustible Liquids(2003 IFC),Chapter 35 Flammable Gases(2003 IFC),
and any additional referenced publications.
20. The applicant shall provide dust suppressant, as needed, to the access road and truck
loading area to mitigate 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.
21. Effective January 1,2003,building permits issued on the lot will 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 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.
24. The facility shall comply with the Landscape and Screening Plan at all times.
25. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
26. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
27. 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 complywith the
Development Standards stated herein and all applicable Weld County regulations.
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28. The 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 bythe 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.
29. 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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