HomeMy WebLinkAbout20062575 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT #256 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING AN OIL AND GAS SUPPORT AND SERVICES FACILITY, IN THE
A (AGRICULTURAL) ZONE DISTRICT - DAVID AND CAROL HOWARD, D. GARY
HOWARD, AND JOHN HOWARD, C/O 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 4th day of
October, 2006, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of David and Carol Howard, D. Gary Howard, and John Howard, do Duke Energy
Field Services, 1324 North 7th Avenue,Greeley,Colorado 80202,for a Site Specific Development
Plan and Amended Use by Special Review Permit #256 for a Mineral Resource Development
Facility,including an Oil and Gas Support and Service Facility, in the A(Agricultural)Zone District
on the following described real estate, being more particularly described as follows:
Part of the SE1/4 of Section 28, Township 1 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Patrick Groom, 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.B.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
2006-2575
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AMENDED US BY SPECIAL REVIEW PERMIT#256-DAVID AND CAROL HOWARD, D. GARY
HOWARD, AND JOHN HOWARD, C/O DUKE ENERGY FIELD SERVICES
PAGE 2
resources should conserve the land and minimize the impact on surrounding
land." The original Use by Special Review Permit(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 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.
b. Section 23-2-230.6.2--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 Facility as a Use by Special
Review in the A(Agricultural) Zone District.
c. Section 23-2-230.6.3--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](USR-1033,approved 1994,for
Brinewater Disposal);and to Public Service/Xcel Energy Natural Gas Control
Station and pipeline(3rd AmUSR-778 and USR-1077, respectively). In all
directions,agricultural lands dominate,and there are numerous oil and gas
production facilities on adjacent and surrounding lands. There are three
property owners within 500 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 23-2-230.B.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 otherapplicable 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 Cities of Dacono and
Northglenn, Adams County, and the City and County of Broomfield. The
Cities of Dacono and 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 23-2-230.B.5--The application complies with Chapter 23,Article V,
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-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.
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AMENDED US BY SPECIAL REVIEW PERMIT#256-DAVID AND CAROL HOWARD, D.GARY
HOWARD, AND JOHN HOWARD, CIO DUKE ENERGY FIELD SERVICES
PAGE 3
f. Section 23-2-230.B.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 23-2-230.8.7 -- 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 David and Carol Howard, D. Gary Howard, and John
Howard,do Duke Energy Field Services fora Site Specific Development Plan and Amended Use
by Special Review Permit#256 for a Mineral Resource Development Facility, including an Oil and
Gas Support and Service Facility,in theA(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 AmUSR-256.
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, associated with this facility. All materials shall be
screened from adjacent properties,including the public rights-of-way.
3) Weld 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.
4) The screened trash enclosure for the facility.
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.
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AMENDED US BY SPECIAL REVIEW PERMIT#256-DAVID AND CAROL HOWARD, D. GARY
HOWARD, AND JOHN HOWARD, C/O DUKE ENERGY FIELD SERVICES
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6) The off-street parking spaces,including the access drive and internal
circulation, shall be delineated on the plat.
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 Recorder's reception number.
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.
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 (APCD) of the Colorado Department of Public 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.
G. 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 approval shall be submitted, in
writing, to the Weld County Department of Planning Services.
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 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 approval shall be submitted, in writing, to the Weld County
Department of Planning Services.
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AMENDED US BY SPECIAL REVIEW PERMIT#256-DAVID AND CAROL HOWARD, D.GARY
HOWARD, AND JOHN HOWARD, C/O DUKE ENERGY FIELD SERVICES
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I. The applicant shall provide evidence of approval by the Department of Public
Works concerning the on-site access,circulation,and stormwaterdrainage,
as addressed in the memorandum dated May 12,2006. Written evidence of
approval shall be submitted to the Weld County Department of Planning
Services.
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 delineated on the plat.
K. The applicant shall submit evidence to the Department of Planning Services
stating 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.
L. 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 Amended Use by Special Review. Acceptable CAD formats are
.dwg,.dxf,and.dgn(Microstation);acceptable GIS formats are ArcView shapefiles,
Arclnfo Coverages and Arclnfo Export files format type is.e00. The preferred format
for Images is.tif(Group 4).(Group 6 is not acceptable). This digital file may be sent
to 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. The Amended Use by Special Review activity shall not occur,nor shall any building
or electrical permits be issued on the property, until the Amended Use by Special
Review plat is ready to be recorded in the office of the Weld County Clerk and
Recorder.
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AMENDED US BY SPECIAL REVIEW PERMIT#256-DAVID AND CAROL HOWARD, D. GARY
HOWARD, AND JOHN HOWARD, C/O DUKE ENERGY FIELD SERVICES
PAGE 6
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 4th day of October, A.D., 2006.
, BOARD OF C UNTY COMMISSIONERS
�� ► E1� � ELD COU , COLORADO
ATTEST: lat, '� r a , '� !,, f ocb"
=F ,. 432 . J. Geile, Chair
Weld County Clerk to the Bo 4,
11V7/1„,,,,13 � CUSED
'-4,7 y David E. Long, Pro-Tem
BY:
Dep Clerk the oard Z1 "7.4_,
WillWilliam H. Jerke
APPRO- AS TO F V4
Robert D. Masden
ou orney autA,t
Glenn Vaad
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DAVID AND CAROL HOWARD, D. GARY HOWARD, AND JOHN HOWARD
C/O DUKE ENERGY FIELD SERVICES
AMUSR#256
1. The Site Specific Development Plan and Amended Use by Special Review Permit#256 if
for a Mineral Resource Development Facility,including an Oil and Gas Support and Services
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 for final 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. Bottled water shall be provided for employees that maintain the site.
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. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
12. 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.
13. 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.
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DEVELOPMENT STANDARDS - DAVID AND CAROL HOWARD, D. GARY HOWARD, AND
JOHN HOWARD, C/O DUKE ENERGY FIELD SERVICES (USR#256)
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14. Buildings shall conform to the requirements of the 2003 International Building,Mechanical,
Plumbing Codes,2002 National Electrical Code,and Chapter 29 of the Weld County Code.
15. Building height and 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.
16. The facility shall comply with the 2003 International Fire Code (2003 IFC); Section 606
Mechanical Refrigeration(2003IFC);Chapter 32 Cryogenic Fluids(2003IFC);Chapter 34
Flammable and Combustible Liquids(2003 IFC);Chapter 35 Flammable Gases(2003 IFC),
and any additional referenced publications.
17. 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.
18. 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.
19. 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.
20. 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.
21. The facility shall comply with the Landscape and Screening Plan at all times.
22. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
23. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
24. 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 comply with the
Development Standards stated herein and all applicable Weld County regulations.
25. The Amended 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 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.
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DEVELOPMENT STANDARDS - DAVID AND CAROL HOWARD, D. GARY HOWARD, AND
JOHN HOWARD, C/O DUKE ENERGY FIELD SERVICES (USR#256)
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26. 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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