HomeMy WebLinkAbout20062576 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Paul Branham,that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE: AmUSR-256
APPLICANT: Duke Energy Field Services
PLANNER: Kim Ogle
REQUEST: 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.
LEGAL: Part SE4 of Section 28, Ti N, R67W of the 6th P.M., Weld
County, Colorado.
LOCATION: North of and adjacent to CR 4; 630 feet west of CR 19.
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 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
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 a 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
EXHIBIT
2006-2576
A'nt S� #asb.
Resolution AmUSR-256
Duke Energy Field Services
Page 2
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 Planning Commission's 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)
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)
Resolution AmUSR-256
Duke Energy Field Services
Page 3
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:
2. 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
Health and Environment)
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)
Resolution AmUSR-256
Duke Energy Field Services
Page 4
J. 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)
K. 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)
L. 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,ArcInfo Coverages and ArcInfo 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 mapsco.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)
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)
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)
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)
Motion seconded by Doug Ochsner.
VOTE:
For Passage Against Passage Absent
Michael Miller
Bruce Fitzgerald
Chad Auer
Tom Holton
Doug Ochsner
James Welch
Erich Ehrlich
Roy Spitzer
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, Donita May, 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 July 18, 2006.
Dated thel8th of July, 2006
Donita May
Secretary
r
Jacqueline Hatch, Department of Planning Services, said Planning Staff was requesting a continuance to
allow for appropriate notification to the August 1, 2006 meeting, to be held at the Greeley office.
3. CASE: USR-1558
APPLICANT: Lester& Rachel Oliver
PLANNER: Chris Gathman
LEGAL: Lot A of RE-3012; Pt SE4 of Section 4, T4N, R66W of the 6th
P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a
use by right in the I (Industrial)Zone District (cast-in-place
concrete construction business) in the A(Agricultural)Zone
District.
LOCATION: West of and adjacent to CR 31 and 1/4 mile north of CR 72.
Chris Gathman, Department of Planning Services, said the applicants were requesting a continuance as
they were making changes to their application and Planning Staff was recommending continuation of this
case to the August 1, 2006 hearing.
Doug Ochsner asked if they would receive new material on the cases continued indefinitely. Ms. Hatch
said they would receive updated staff comments and the hearings would be rescheduled in the next
couple of months.
Doug Ochsner moved that Case USR-1553 be continued indefinitely and Cases PZ-1103 and USR-1558 be
continued to the August 1, 2006 hearing date. Tom Holton seconded the motion. Motion passed.
CONSENT ITEMS
The Chair said Case USR-1559 would be pulled from the Consent Agenda at the request of two of the
Commissioners and would be heard at the end of the hearing items and Case USR-1561 would also be
pulled from the Consent Agenda and would be heard today.
4. CASE: AmUSR-1493
APPLICANT: Stephen Brancucci & Copart Inc
PLANNER: Jacqueline Hatch
REQUEST: An amendment to a Site Specific Development Plan and Special
Review Permit for a Use by Special Review in the Industrial Zone
District (Commercial Junkyard or Salvage Yard) in the I
(Industrial)and A(Agricultural)Zone District.
LEGAL: Pt NE4SE4 and Lots A and B of RE-3932; Section 30, Ti N,
R66W of the 6th P.M., Weld County, Colorado.
LOCATION: West of and adjacent to CR 27 (Highway 85 Business);
approximately 1/4 mile north of CR 4.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
— 5. CASE: AmUSR-256
APPLICANT: Duke Energy Field Services
PLANNER: Kim Ogle
REQUEST: 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.
LEGAL: 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 west of CR 19. EXHIBIT
O
-- The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Paul Branham moved that Cases AmUSR-1493 and AmUSR-256, 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. Chad Auer,
yes; Paul Branham, yes; Erich Ehrlich, yes; Tom Holton, yes; Doug Ochsner, yes; Roy Spitzer, yes; James
Welch, yes; Bruce Fitzgerald, yes. Motion carried unanimously.
HEARING ITEMS
Specific time for public input has been set aside for discussion on the following items:
6. CASE: 3r°AmUSR-894
APPLICANT: Kauffman Land & Development LLC
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Lot A of RE-1921; being part SE4 of Section 9, T2N, R67W of
the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for
mineral resource development facilities including oil and gas
support and service facility, contractor's shop for vehicle
maintenance, and a helicopter pad in the A(Agricultural)Zone
District.
LOCATION: North of and adjacent to CR 22; west of and adjacent to CR 19.
Michelle Martin, Department of Planning Services, said the applicants had applied for a Site Specific
Development Plan and a Special Review Permit for mineral resource development facilities including oil
and gas support and service facility, contractor's shop for vehicle maintenance, and a helicopter pad in the
A(Agricultural)Zone District.
The sign announcing the Planning Commission hearing was posted June 29, 2006 by Planning Staff. The
property location was north of and adjacent to CR 22;west of and adjacent to CR 19. The site was within
Firestone's IGA boundary.
The property in question operated under 2ndAMUSR-894 for an oil and gas support and service operation
and contractor's shop for vehicle and equipment maintenance relating to those activities in the Agricultural
zone district approved by the Board of County Commissioners September 10, 1997. The applicant was in
the process of amending the existing USR to include a helicopter pad. Application materials indicated the
site could support the proposed use. Conditions of Approval and Development Standards ensured that a
reasonable attempt would be made to be compatible with the region.
The uses permitted would be compatible with the existing surrounding land uses. The surrounding
property to the south and east was primarily agricultural which included SUP-64 for a Turkey Farm east of
the property. The property to the north and west had been approved for a Change of Zone from
Agricultural to Planned Unit Development with Estate for 19 residential lots (PZ-521) Gloraloma Estates.
The subject property lies within the three mile referral area of the Towns of Firestone, Frederick, and Fort
Lupton.The Towns of Frederick and Fort Lupton indicted in their referrals they had reviewed the request and
found no conflicts with their interests. The Town of Firestone indicated in their referral dated June 23,2006
they desired an annexation agreement with the property owner. The Town also requested no more than five
landings per day be allowed during daylight hours and time limits be placed on the proposed use.
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