HomeMy WebLinkAbout20020143 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1339 FOR A USE BY RIGHT, AN ACCESSORY USE, AND A USE BY
SPECIAL REVIEW IN THE INDUSTRIAL ZONE DISTRICT (POWER GENERATION
FACILITY, INCLUDING TWO HEAT RECOVERY STEAM
GENERATOR/COMBUSTION TURBINE GENERATOR EXHAUST STACKS
APPROXIMATELY 175 FEET IN HEIGHT, ONE AUXILIARY BOILER STACK
APPROXIMATELY 120 FEET IN HEIGHT, AND TWO HEAT RECOVERY STEAM
GENERATORS THE DIMENSIONS OF EACH BEING APPROXIMATELY 90 FEET
TALL BY 150 FEET LONG BY 40 FEET WIDE, A 107-ACRE WELL FIELD SITE, AN
APPROXIMATELY 8-MILE LONG GAS PIPELINE AND AN APPROXIMATELY 22-
MILE WATER PIPELINE) AND AGRICULTURAL USE BY RIGHT IN THE A
(AGRICULTURAL) ZONE DISTRICT - ROCKY MOUNTAIN ENERGY CENTER, LLC
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 6th day of
February, 2002, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Rocky Mountain Energy Center, LLC, do David Perkins, 26 West Dry
Creek Circle, Littleton, Colorado 80120, fora Site Specific Development Plan and Use by
Special Review Permit#1339 for a Use by Right, an Accessory Use, and a Use by Special
Review in the Industrial Zone District (Power Generation Facility, including two heat recovery
steam generator/combustion turbine generator exhaust stacks approximately 175 feet in height,
one auxiliary boiler stack approximately 120 feet in height, and two heat recovery steam
generators the dimensions of each being approximately 90 feet tall by 150 feet long by 40 feet
wide, a 107-acre Well Field site, an approximately 8-mile long Gas Pipeline) and an
approximately 22-mile Water Pipeline and Agricultural Use by Right in the A (Agricultural) Zone
District on the following described real estate, to-wit:
Power Generation Facility: Section 31, Township 2
North, Range 64 West of the 6th P.M., Weld
County, Colorado
Well Field Site: Section 7, Township 5 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
Various parcels along the Gas Pipeline and Water
Pipelines •
WHEREAS, said applicant and representatives were present 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
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WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendations 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 ordinances in effect. By
dedicating a small portion of the site for improvements, the applicant has
made an attempt to preserve prime farm land. Further, as stated in the
application materials, no "Prime" farm ground will be taken out of
production. Of the 633 acres at the Power Generation Facility site, only
88 acres will be used for facility purposes. The Well Field site will
continue to be predominately agricultural as only ten of the 107 acres will
be used for Well Field activities.
Presently, the Well Field site location is in sub-irrigated pasture and a
portion of the Power Generation Facility site is in agricultural production
served by a center pivot irrigation system. According to the application
materials, the existing center pivot will continue to irrigate the Power
Generation Facility site. The application satisfies the following goals as
cited from Chapter 22 of the Weld County Code. Section 22-2-60.A.1
(A.Goal 1) states, "the application preserves prime farmland for
agricultural purposes which foster the economic health and continuance
of agriculture." The design and layout of both sites has attempted to
preserve agricultural lands, and historic farming practices will continue.
According to the application materials both parcels will retain existing
water rights to irrigate the farm ground. The Power Generation Facility
was designed to be located on a partially sloped area west of the
cultivated portion of the site. Additionally, existing infrastructure is
available by rail lines and Interstate 1-76. As a Condition of Approval local
roadway upgrades will be required.
Section 22-2-60.B.1 (A. Goal 2) states, "the application allows
commercial and industrial uses which are directly related to or dependent
upon agriculture to locate within agricultural zoning when the impact to
surrounding properties is minimal, and where adequate services and
infrastructure are available." The majority of the land surrounding the
Power Generation Facility will serve as a buffer between existing
residential units within the vicinity of the site and the industrial and
commercial development occurring adjacent to the municipal limits of the
Town of Hudson.
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Section 22-2-60.C.1 (A. Goal 3) states, "Discourage urban-scale
residential, commercial and industrial development which is not located
adjacent to incorporated municipalities." The Town of Hudson Industrial
Park is located west of and adjacent to the site. This industrial park is
presently under development and has been identified by the Town of
Hudson for heavy industrial uses.
As cited in Section 22-3-10.A, "the effective and efficient delivery of
adequate public service is one of the primary purposes and benefits of
effective land use planning." Furthermore, Section 22-3-10.D states, "one
of the basic objectives of the County is to plan and coordinate a timely,
orderly, and efficient arrangement of public facilities and services." Public
Facilities and Service Goals as referenced in Section 22-3-50.A.1
(P.Goal 1) states "... to promote efficient and cost effective delivery of
public facilities and services." Further, Section 22-3-50.B.1 (P.Goal 2)
"...requires adequate facilities to ensure the health, safety and general
welfare of the present and future residents of the County." The proposed
Power Generation Facility, including the 107-acre Well Field site, and
approximately an eight-mile long Gas Pipeline, and an approximately
22-mile Water Pipeline and agricultural uses allowed as a Use by Right
have been reviewed and the attached Development Standards and
Conditions of Approval will ensure protection of the health safety and
welfare of the residents and the County.
b. Section 23-2-230.B.2 —The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-310.B.1 of the Weld
County Code provides for a use permitted as a Use by Right and
Accessory Use or a Use by Special Review in the Industrial Zone District
for a Power Generation Facility. The attached Development Standards
and Conditions of Approval will mitigate impacts to the surrounding
community. Well Field site activities are considered as a use clearly
incidental and accessory to the operations of a Use Allowed by Right in
the A (Agricultural) Zone District. Additionally, one residential structure is
located on each parcel. Both these structures are viewed as principal
structures and are a Use by Right.
c. Section 23-2-230.6.3—The uses which will be permitted will be
compatible with the existing surrounding land uses. The Power
Generation Facility Property is contiguous with the Town of Hudson's
municipal boundary, and as such, is directly contiguous with the Town's
Industrial Park. A Waste Water Treatment Facility has been planned for
a portion of the adjoining industrial park. Other industrial applications are
occurring adjacent to the Power Generation Facility site.
Several large agricultural operations surround the site in all directions.
Many of these farming operations have been approved through the Use
by Special Review process. The Town of Hudson reviewed this
application and found no conflicts with its interests. The Town of
Keenesburg also reviewed this application and found no conflicts with its
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SPECIAL REVIEW PERMIT #1339 - ROCKY MOUNTAIN ENERGY CENTER, LLC
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interests, but did suggest the need to enter into a Water Agreement with
the applicant.
The Well Field site is located in a predominately agricultural area.
Surrounding land uses are in agricultural production. The introduction of
the wells will not adversely effect the visual appeal of the site.
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 other applicable code
provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities. The Towns of Hudson and Keenesburg reviewed
this application and found no conflict to their interests. The Power
Generation Facility site location is outside of the Town of Keenesburg's
Intergovernmental Agreement Area and the Town of Kersey's
Intergovernmental Agreement Area does not include the Well Field site
location.
e. 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. The area within the Use By Special Review area has
been designated as "Prime if Irrigated" and "Non-prime", by the Important
Farmlands of Weld County, dated 1979. A portion, 545 acres, of the
Power Generation Facility site has been designed to preserve existing
farmland and environmentally sensitive areas.
Due to well site activities, ten acres of the Well Field site will be disturbed
and the existing agricultural land uses will continue. The existing farm
house will be used as a primary dwelling. Further, on both sites the
existing agricultural use will be maintained by the use of the water rights
presently associated with the farming practices on both sites.
f. Section 23-2-230.B.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.
The Weld County Sheriff's Office and the Hudson Fire District reviewed
this application and found no conflicts with their interests. The Weld
County Department of Public Health and Environment reviewed this
application and recommended approval with the attached Conditions of
Approval which will ensure the safety and welfare of the inhabitants of the
County are maintained.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Rocky Mountain Energy Center, LLC, for a Site
Specific Development Plan and Use by Special Review Permit#1339 for a Use by Right, an
Accessory Use, and a Use by Special Review in the Industrial Zone District (Power Generation
Facility, including two heat recovery steam generator/combustion turbine generator exhaust
stacks approximately 175 feet in height, one auxiliary boiler stack approximately 120 feet in
height, and two heat recovery steam generators the dimensions of each being approximately 90
feet tall by 150 feet long by 40 feet wide, a 107-acre Well Field site, an approximately 8-mile
long Gas Pipeline and an approximately 22-mile Water Pipeline) and Agricultural Use by Right
in the A (Agricultural) Zone District on the parcel of land described above be, and hereby is,
granted subject to the following conditions:
1. The attached Development Standards for the Use by Special Review Permit
shall be adopted and placed on the Use by Special Review Plat prior to
recording. The completed plat shall be delivered to the Weld County
Department of Planning Services and be ready for recording in the Weld County
Clerk and Recorder's Office within 60 days of approval by the Board of County
Commissioners. Extension beyond this time may be administratively granted.
2. Prior to recording the Plat
A. The applicant shall submit the Contingency Plan for review and approval
to the Weld County Department of Public Health and Environment,
Emergency Management Office, and the Department of Planning
Services.
B. All ditch and irrigation structures shall be identified by name and a copy
of all irrigation and ditch agreements shall be included in the record.
C. The applicant shall comply with any requirements cited from the Cultural
Resource Study.
D. A defined parking area on the plant facility and Well Field site shall be
identified. The parking areas shall meet the parking requirements of
Appendices 23.A and 23.B of the Weld County Code.
E. The applicant shall submit the appropriate Air Pollution Emission Notice
(A.P.E.N.) and an Emissions Permit application to the Air Pollution
Control Division of the Colorado Department of Public Health and
Environment for the power plant facility and the construction of the gas
and water lines. Furthermore, the applicant shall submit evidence of
application to the Department of Planning Services.
F. The applicant shall provide evidence to the Weld County Department of
Public Health and the Environment that any existing or constructed
well(s) have been appropriately permitted/registered with the Colorado
Division of Water Resources. Submit evidence of approval/compliance to
the Department of Planning Services.
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G. The facility shall provide evidence that all waste treatment and disposal
systems are designed to meet the "Zero Liquid Discharge" criteria
described in the application materials. The systems shall be designed by
a registered professional engineer. All waste water treatment systems
shall comply with all applicable rules and regulations. The applicant shall
submit evidence of approval/compliance to the Department of Planning
Services.
H. The applicant shall provide evidence to the Department of Planning
Services of an agreement between the applicant and the Burlington
Northern Railroad for the installation of signals and gates at the railroad
crossing on Weld County Road 51 and Weld County Road 16, if needed.
The applicant shall submit a Weed Management Plan to the Department
of Public Works and receive approval. Furthermore, the applicant shall
submit evidence of approval/compliance to the Department of Planning
Services.
J. The applicant shall adhere to the improvements and maintenance
activities for Weld County Road 51, from U.S. Highway 34 north to the
entrance of the Well Field site, as specified in the November 5, 2001,
Memorandum from Weld County Department of Public Works.
K. The applicant shall provide evidence of approval from the Colorado
Department of Transportation (CDOT) regarding improvements, if
required by CDOT, for the 1-76 Frontage Road, the I-76/Weld County
Road 49 interchange and construction activities, and the intersection of
the 1-76 Frontage Road and Weld County Road 51.
L. The applicant shall enter into an Improvements Agreement for paving
Weld County Road 51 from the 1-76 Frontage Road to Highway 52.
M. The applicant shall submit a final executed surface use agreement
relating to oil and gas interests at the power plant site between Anacapa
Land Company, LLC, and RME Petroleum Company, and RME Land
Corporation to the Department of Planning Services.
3. Prior to commencement of construction activities to which the requirement
relates:
A. A Lighting Plan, detailing on and off site impacts, shall be reviewed and
approved by Weld County Department of Planning Services staff. The
plan shall incorporate exterior lighting designed with hooded downward
illumination.
B. The applicant shall obtain a Storm Water Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality
Control Division, for the construction of the Well Field, gas and water
lines, and the construction of the Power Generation Facility and Well
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SPECIAL REVIEW PERMIT#1339 - ROCKY MOUNTAIN ENERGY CENTER, LLC
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Field Site, if applicable. Submit evidence of approval/compliance to the
Department of Planning Services.
C. The applicant shall receive approval for use of right-of-way in accordance
with the County utility permitting process. The standard for installation on
any gravel roads shall be to return the road to a width of 24 feet with 3:1
fore slopes and a minimum of 4 inches of compacted Class 6 gravel or
the existing width and depth whichever is greater. The standard for
paved roads shall be the width of the existing roadway. The applicant
shall show that the installation of lines will not inhibit future roadway
construction for rights-of-way which currently do not have any
improvements.
4. Prior to issuance of Certificate of Occupancy
A. In the event the well site maintenance building or any structure located on
the power plant property is equipped with a floor drain, the applicant must
apply for an Underground Injection Control (UIC) Class V Injection Well
permit through the Environmental Protection Agency, or provide evidence
that the applicant is not subject to this requirement. Submit evidence of
approval to the Department of Planning Services.
B. All septic systems located on the property shall have appropriate permits
from the Weld County Department of Public Health and Environment.
Any existing Septic system(s) which is not currently permitted through the
Weld County Department of Public Health and Environment will require
an I.S.D.S. Evaluation prior to the issuance of the required septic permits.
In the event the system(s) is found to be inadequate, the system(s) must
be brought into compliance with current regulations. Submit evidence of
approval/compliance to the Department of Planning Services.
C. An I.S.D.S. or Package Sewage Treatment Plant shall be installed at the
Power Plant to treat sanitary wastes. In the event a septic system is
installed, it shall be designed and installed according to the Weld County
I.S.D.S. Regulations. In the event a package plan is the chosen method
of treatment for sanitary wastes, the plan shall comply with all
requirements of the Water Quality Control Division of the Colorado
Department of Public Health and Environment. Submit evidence of
approval/compliance to the Department of Planning Services.
D. The applicant shall provide evidence that a permanent, potable water
supply has been obtained to serve the power plant that complies with the
Colorado Primary Drinking Water Regulations (5 CCR 1003-6). Submit
evidence of approval/compliance to the Department of Planning Services.
E. The applicant shall supply a Storm Water Drainage Report in accordance
with Section 23-2-240.A.5. Submit evidence of approval/compliance to
the Department of Planning Services.
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SPECIAL REVIEW PERMIT#1339 - ROCKY MOUNTAIN ENERGY CENTER, LLC
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of February, A.D., 2002.
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2002-0143
PL1582
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ROCKY MOUNTAIN ENERGY CENTER, LLC
USR#1339
1. 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.
2. The Site Specific Development Plan and Use by Special Review Permit is for a Use by
Right, an Accessory Use, or a Use by Special Review in the Industrial Zone District(Power
Generation Facility, including a 107-acre Well Field site, an approximately eight-mile long
Gas Pipeline and an approximately 22-mile Water Pipeline) in the A (Agricultural) Zone
District, as indicated in the application materials on file and subject to the Development
Standards stated herein. In accordance with the application, the RMEC design will
preserve a significant amount of farmland and environmentally sensitive area of the Power
Generation Facility Property for the term of the Use by Special Review Permit.
3. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
4. The applicant shall supply an approved water agreement demonstrating that adequate
water can be made available to the site for a 30-year period. This information shall be
provided to the Department of Planning Services two years prior to the expiration of the
agreement with the City of Aurora.
5. 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.
6. No permanent disposal of wastes shall be permitted at this site.
7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
8. Fugitive dust shall be controlled on this site.
9. 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.
10. Adequate toilet facilities shall be provided for employees and the public.
11. The applicant shall provide adequate toilet facilities (Port-A-Potty) during the construction
of phases of the project.
12. The facility shall provide bottled water for drinking during construction of the project.
13. The facility shall maintain compliance with all requirements of the Water Quality Control
Division of the Colorado Department of Public Health and Environment.
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DEVELOPMENT STANDARDS - ROCKY MOUNTAIN ENERGY CENTER, LLC (USR#1339)
PAGE 2
14. The power plant shall be equipped with an adequate water supply for drinking and sanitary
purposes. The water supply shall comply with all applicable portions of the Colorado
Primary Drinking Water Regulations (5 CCS 1003-6).
15. The facility shall operate as a "Zero Liquid Discharge" site. With the exception to sanitary
wastes, no liquids shall be disposed into the earth.
16. The facility shall not impact off-site air temperatures.
17. The facility shall adhere to all rules and regulations of the Air Pollution Control Division of
the Colorado Department of Public Health and Environment.
18. The landscaping on site shall be maintained in accordance with the approved Landscape
Plan.
19. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
20. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
21. There will be no staging or parking of equipment or vehicles on Weld County roads
adjacent to the proposed facilities. Only on-site parking shall be utilized for this activity.
All access drives and parking areas shall be surfaced with asphalt or equivalent and shall
be graded to prevent drainage problems.
22. All new buildings will require review and building permit approval. Plans for buildings and
foundations shall be designed by a Colorado professional architect or engineer.
23. Hours of operation for construction of the facility shall occur Monday through Saturday from
6:00 a.m. to 6:00 p.m., with the understanding that for critical construction activities, there
will be a need for 24 hours of operation on occasion, with 24 hours of advance notification
to the Department of Planning Services, and at commission time of the plant there will be
a need for 24 hours of operation.
24. Pursuant to Section 404 of the Clean Water Act, the Department of the Army shall be
notified if any work associated with this project requires the placement of dredge or fill
materials, and any excavation associated with a dredge or fill project, either temporary or
permanent, in waters of the United States.
25. In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special
Review has not commenced from the date of approval or is discontinued for a period of
three (3) consecutive years, it shall be presumed inactive. The County shall initiate an
administrative hearing to consider whether to grant an extension of time to commence the
use or revoke the Use by Special Review. If the Use by Special Review is revoked, it shall
be necessary to follow the procedures and requirements of Division 4 of the Weld County
Code in order to reestablish any Use by Special Review.
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DEVELOPMENT STANDARDS - ROCKY MOUNTAIN ENERGY CENTER, LLC (USR #1339)
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26. Personnel from the Weld County Departments of Public Health and Environment, Public
Works,and Planning Services 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.
27. 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 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.
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.
29. If necessary,the applicant shall supply a Water Augmentation Plan approved by the Water
Court within 30 days of such Water Court approval.
30. The applicant shall pursue an agreement with the Town of Keenesburg for use of the
capacity of the water lines.
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