HomeMy WebLinkAbout20040746 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephen Mokray, 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 NUMBER: 3rd AmUSR-597
APPLICANT: Duke Energy
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot 1 thru Lot 4 SE4SW4 &S2 Lot 3 &all Lots 4 & 5 SW4SW4 Section 25,
T5N, R66W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a Mineral
Resource Development Facility including a Natural Gas Processing Facility
in the A (Agricultural)Zone District.
LOCATION: North of and adjacent to 491h Street; east of and adjacent to 35th Avenue.
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 Planning Commission 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 22-5-100.6(OG.Goal.2)
states "The extraction of oil and gas resources should conserve the land and minimize the
impact on surrounding land." The request for a Site Specific Development Plan and a
Special Review Permit for a Mineral Resource Development Facility including a Natural Gas
Processing Facility in the A(Agricultural)Zone District is the third amendment to an existing
permitted facility. The original SUP was applied for by Valley Energy Incorporated, in 1983.
The application was for a natural gas processing plant and support facilities. The amended
USR was applied for by Natural Gas Associates, in 1985.The application was for upgrades
to the existing facility. The second amended USR application, in 1987, was for additional
upgrades to the facility.This application 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 are for improvements to the distribution systems for over-the-road vehicles,
a modification to the existing point of ingress and egress for the relocation and modernization
of the material distribution system and upgrades as required by the Oil and Gas Commission
for regulatory compliance. These modifications will not increase truck trips per day as the
plant is at capacity. Further, the 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 is sited low to the surrounding land form. To the
north is a high density residential development of single family residences(Hunters Reserve
and Willowbrook PUDs)within the corporate City Limits of the City of Evans;to the west are
agricultural lands with a USR for Storage Units (USR-848); to the east is the Platte Valley
Irrigation Company Ditch, aka the Evans Town Ditch and rural residences; and to the south
is a Natural Gas Facility(USR-600)operated by Elmer Lundvall. A majority of the property
to the south is identified as floodplain by the Firm Community Panel Maps prepared by
FEMA.
EXHIBIT
I2004-0746
Resolution 3AmUSR-597
Duke Energy
Page 2
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The existing site is within the three mile referral area of the City of Evans,City
of Greeley and Town of LaSalle. The Town of LaSalle returned a referral indicating no
conflict with their interests,the City of Greeley did not return a referral and the City of Evans
returned a referral requesting additional information. The applicant requested a continuance
from the January 6,2004 hearing to meet with Evans to discuss their proposed amendments
to the existing application.
E. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code.
The existing site is not within a recognized overlay district, including the Geologic Hazard,
Flood Hazard or Airport Overlay District. The existing site is within the County-wide Road
Impact Fee Area. Effective January 1, 2003, Building Permits issued on the lot will be
required to adhere to the County Wide Road Impact Fee Program..
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 was acquired
by the Duke Energy Field Services Division in 1996. Previous to this acquisition the facility
was permitted and operated by either Valley Energy Incorporated or Natural Gas Associates
for approximately twenty years.
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. The plat shall be labeled 3rdAmUSR-597 (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,including
the fifty-five gallon barrels associated with this facility shall be screened from
adjacent properties, including the public rights-of-way. (Department of Planning
Services)
3. County Road 52 is designated on the Weld County Roadway Classification Plan in
the County Wide Impact Fee Code Ordinance, Section 20-1-30,as an arterial road,
which requires 140 feet of right-of-way at full build out. There is presently sixty feet
of right-of-way. A total of seventy feet from the centerline of County Road 52 shall
be delineated on the plat as right-of-way reservation for future expansion of County
Road 52. This road is maintained by Weld County.
The applicant should reserve an additional 40-foot right-of-way for a total of 70 feet
from the center line or section line as future right-of-way.
Resolution 3AmUSR-597
Duke Energy
Page 3
4. The application and the aerial view reflect five existing accesses to the facility. The
main access point accommodates mostly of large truck circulation. The additional
access points are identified and used for emergency purposes.
5. The screened trash enclosure for the facility.
6. 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.
D. If applicable, the applicant shall apply for an Underground Injection Control (UIC) Class V
Injection Well permit for the shop, through the Environmental Protection Agency (EPA) or
provide evidence that the applicant is not subject to the EPA Class V requirements. Evidence
of such shall be submitted in writing to the Weld County Department of Planning
Services.(Department of Public Health and Environment)
E. Submit 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 for emissions
of criteria,hazardous or odorous air pollutants. Evidence of such shall be submitted in writing
to the Weld County Department of Planning Services. (Department of Public Health and
Environment)
F. Submit a dust abatement plan to the Environmental Health Services, Weld County
Department of Public Health&Environment,for approval prior to operation. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Public Health and Environment)
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& 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 such shall be submitted in writing
to the Weld County Department of Planning Services. (Department of Public Health
and Environment)
H. In accordance with the Above Ground Storage Tank Regulations(7 CCR 1101-14)a spillage
retention berm shall be constructed around the tank battery. The volume retained by the
spillage berm should be greater than the volume of the largest tank inside the berm.
Alternative protective measures may be allowed provided they comply with the Above Ground
Storage Tank Regulations. (Department of Public Health and Environment)
The applicant shall address the concerns of the Department of Public Works. Truck parking
and loading facilities should be adequately graveled and should be graded to prevent
drainage problems. Written evidence of approval by the Department of Public Works shall
be submitted in writing to the Weld County Department of Planning Services. (Department
of Public Works)
J. 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 December 3, 2003. Written evidence of approval by the Department
of Public Works shall be submitted in writing to the Weld County Department of Planning
Services. (Department of Public Works)
Resolution 3AmUSR-597
Duke Energy
Page 4
K. The applicant shall provide written evidence of compliance with building permits issued by
the Department of Building Inspection as outlined in their referral dated December 3, 2002
and briefly described as follows:
Building Permit BCN-030199 was applied for to place two 60'X 240'vessels on concrete slab
foundations. This permit is on "Zonehold" pending the outcome of this 3rd AmUSR
application. Final inspections and approvals have been conducted for all historical permits.
L. The applicant shall submit a Screening Plan to the Department of Planning Services for
review and approval. With approval the Screening Plan information shall be graphically
delineating on the USR Plat. (Department of Planning Services)
M. The applicant shall update a new Road Maintenance and Improvements Agreement with the
Weld County Public Works Department reflecting the current owner and operator of the site.
The existing agreement reflects Angie a.k.a. Associated Natural Gas Incorporated dated
1987. Written evidence of approval shall be submitted to the Department of Planning
Services. (Department of Public Works)
N. 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 plat shall b e prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat
and additional requirements shall be submitted within thirty(30)days from the date of the Board of
County Commissioners resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
3. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are.dwg, .dxf,and .dgn(Microstation); acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be
sent to maps(o)_co.weld.co.us. (Department of Planning Services)
4. Prior to Operation:
The applicant shall contact the office of the Weld County Sheriff 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.
(Sheriff's Office)
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-GREELEY FRAC
3RD AMUSR-597
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. (Department of Public Health and Environment)
7. The facility shall adhere to the maximum permissible noise levels allowed in the (Light Industrial)
Zone District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment)
8. Adequate handwashing and toilet facilities shall be provided for employees. (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. Any septic systems located on the property must comply with all provisions of the Weld County Code,
pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment)
13. The facility shall utilize the existing public water supply for drinking and sanitary purposes.
(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 codes adopted at the time of permit application.
Currently,the following codes have been adopted by Weld County:1997 Uniform Building Code; 1998
International Mechanical Code;1997 International Plumbing Code;2002 National Electrical Code and
Resolution 3AmUSR-597
Duke Energy
Page 2
Chapter 29 of the Weld County Code. (Weld County intends to adopt the 2003 International Building,
Residential, Mechanical, Plumbing and Fuel Gas codes early in 2004). (Department of Building
Inspection)
17. Building height, wall and opening protection and limitations and separation of buildings of mixed
occupancy classifications shall be in accordance with the Building Code. Setback and offset
distances shall be determined by Chapter 23 of the Weld County Code. Offset and setback distances
are measured from the farthest projection from the building. (Department of Building Inspection)
18. 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)
19. 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)
20. 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)
21. 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)
22. 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)
23. 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 Bryant Gimlin
Resolution 3AmUSR-597
Duke Energy
Page 3
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Tim Tracy
Doug Ochsner
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,Voneen Macklin, 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 February 3, 2004.
Dated the 3r° of February, 2004.
tit ‘.4-) Ill' I� L•
Voneen Macklin
Secretary
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