HomeMy WebLinkAbout20040745 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND 3RD AMENDED USE BY
SPECIAL REVIEW PERMIT #597 FOR A MINERAL RESOURCES DEVELOPMENT
FACILITY INCLUDING A NATURAL GAS PROCESSING FACILITY IN THE
A(AGRICULTURAL) ZONE DISTRICT - DUKE ENERGY FIELD SERVICES
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board of County Commissioners held a public hearing on the 31st day of
March, 2004,at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of hearing the
application of Duke Energy Field Services, 1324 North 7th Avenue,Greeley,Colorado 80631,for a
Site Specific Development Plan and 3rd Amended Use by Special Review Permit#597 fora Mineral
Resource Development Facility including a Natural Gas Processing Facility in the A(Agricultural)
Zone District on the following described real estate, to-wit:
Part of the SW 1/4 of Section 25, Township 5 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS,said applicant was represented by Tim Clancy of Witwer,Oldenburg, Barry and
Bedingfield, 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 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 23-2-230.6 of the Weld County Code as follows:
a. Section 23-2-230.6.1 --The proposed use is consistent with Chapter22 and
any other applicable Code provisions or ordinance in effect.
Section 22-5-100.A (OG.Goal 1) states, "Oil and gas exploration and
production should occur in a manner which minimizes the impact to
agricultural uses and the environment and reduces the conflicts between
mineral development and current and future surface uses." Further,
Section 22-5-100.B (OG.Goal 2) states, "The extraction of oil and gas
resources should conserve the land and minimize the impact on surrounding
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land." The request fora Site Specific Development Plan and Use by Special
Review Permit for a Mineral Resource Development Facility, including a
Natural Gas Processing Facility, in the A(Agricultural) Zone District is the
third amendment to an existing permitted facility. The original Special Use
Permit was applied for by Valley Energy Incorporated, in 1983. The
application was fora natural gas processing plant and supportfacilities. The
Amended Use by Special Review Permit was applied for by Natural Gas
Associates,in 1985. The application was for upgrades to the existing facility.
The Second Amended Use by Special Review Permit 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 23-2-230.6.2--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 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. To the north are high density
residential developments 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 Storage Units permitted through Use by
Special Review Permit #848. To the east is the Platte Valley Irrigation
Company Ditch,also known as the Evans Town Ditch,and rural residences.
A Natural Gas Facility,permitted under Use by Special Review Permit#600
and operated by Elmer Lundvall, is located to the south. A majority of the
property to the south is identified as floodplain by the Firm Community Panel
Maps prepared by FEMA.
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 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 its interests;the City of Greeley did not return a referral;and the
City of Evans returned a referral requesting additional information. The
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applicant requested a continuance from the January 6,2004,hearing to meet
with Evans to discuss the proposed amendments to the existing application.
e. Section 23-2-230.6.5--The application complies with Chapter 23,Article V,
of the Weld County Code. The existing site is not within a recognized
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 23-2-230.B.6--The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. This facility 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 23-2-230.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.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Duke Energy Field Services for a Site Specific
Development Plan and 3rd Amended Use by Special Review Permit#597 for a Mineral Resource
Development Facility including a Natural Gas Processing Facility in the A(Agricultural)Zone District
on the parcel of land described above be,and hereby is,granted subject to the following conditions:
1. Prior to recording the plat:
A. The plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code.
B. The plat shall be labeled 3rdAmUSR-597.
C. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The approved Screening Plan. (To address the outdoor storage of
materials, including the fifty-five gallon barrels associated with this
facility,which shall be screened from adjacent properties and public
rights-of-way.)
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3) Weld 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 Weld County
Road 52 shall be delineated on the plat as right-of-way reservation for
future expansion of Weld County Road 52. This road is maintained
by Weld County. The applicant should reserve an additional 40-foot
right-of-way fora total of 70 feet from the center line or section line as
future right-of-way.
4) The application and the aerial view reflect five existing accesses to
the facility. The main access accommodates most large truck
circulation. The additional accesses 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 Use by Special Review boundary. The key and
corresponding component shall be summarized in tabularformat 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.
E. Submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
application to the Air Pollution Control Division of the 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.
F. Submit a Dust Abatement Plan to the Environmental Health Services
Division of the Weld County Department of Public Health and Environment,
for approval, prior to operation. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services.
G. The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department of
Public Health and Environment. The plan shall include at a minimum, the
following:
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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.
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 bythe 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.
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.
J. The applicant shall provide evidence of approval by the Department of Public
Works concerning the on-site access,circulation,and stormwater drainage
as addressed in the memorandum dated December 3, 2003. Evidence of
approval by the Department of Public Works shall be submitted in writing to
the Weld County Department of Planning Services.
K. The applicant shall provide written evidence of compliance with Building
Permits issued by the Department of Building Inspection as outlined in its
referral dated December 3,2002,and briefly described as follows: Building
Permit BCN-030199 was applied for to place two 60-foot by 240-foot 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 delineated on the Use by Special Review
Plat.
M. The applicant shall provide a new Road Maintenance and Improvements
Agreement with the Weld County Department of Public Works reflecting the
current owner and operator of the site. The existing agreement reflects
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Angie, also known as Associated Natural Gas, Inc., dated 1987. Written
evidence of approval shall be submitted to the Department of Planning
Services.
N. 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 plat shall be 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.
3. The Department of Planning Services respectfully requests the surveyor provide a
digital copy of this Use by Special Review. Acceptable CAD formats are.dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo
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
matosaco.weld.co.us.
4. Prior to Operation:
A. 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 Crime
Prevention through Environmental Design Program. 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.
5. The Use by Special Review activity shall not occur, nor shall any Building or
Electrical Permits be issued, until the Use by Special Review plat is ready to be
recorded in the office of the Weld County Clerk and Recorder.
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 31st day of March, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
�/ WELD COUNTY, COLORADO
ATTEST: JL�/k� i1 E L • A & 11—
• " „Lobed D. Masden, Chair
Weld County Clerk to the rAr • " '
/� '""° illiam H. rke, Pro-Tem
•BY: tilt
Deputy Clerk to the Boa oL ( I
•, M. eie
APPR ED AST r----S- Q c '
���� Davi . Long
ounty tto ney
Glenn Vaad
y/
Date of signature: ac
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SITE SPECIFIC DEVELOPMENT PLAN
3RD AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DUKE ENERGY FIELD SERVICES
3RD AMUSR#597
1. The Site Specific Development Plan and 3rd Amended Use by Special Review Permit#597
is fora Mineral Resource Development Facility,including a Natural Gas Processing Facility,
in the A (Agricultural) Zone District, as indicated in the application materials on file and
subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
3. All liquid and solid wastes,as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 30-20-100.5,C.R.S.,shall be stored and removed 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 in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
6. Fugitive dust shall be controlled on this site.
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. De-tuning equipment shall be attached to the flare, in an effort to mitigate the concerns of
1310 AM - KFKA.
9. Adequate hand washing and toilet facilities shall be provided for employees.
10. The applicant shall comply with all provisions of the Underground and Above Ground Storage
Tank Regulations (7 CCR 1101-14).
11. 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.
12. The applicant shall operate in accordance with the approved Waste Handling Plan.
13. Any septic systems located on the property must comply with all provisions of the Weld
County Code pertaining to Individual Sewage Disposal Systems.
14. The facility shall utilize the existing public water supply for drinking and sanitary purposes.
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15. A Building Permit shall be obtained prior to doing any new work. Building Permits will not
be required for the replacement of existing equipment or for the maintenance or repair of
existing equipment.
16. A Plan Review is required for each permit application. Plans shall bear the wet stamp of a
Colorado registered architect or engineer. Two complete sets of floor plans and plot plans
are required when applying for the permit.
17. Buildings shall conform to the requirements of the codes adopted at the time of permit
application. Currently, the following codes have been adopted by Weld County: 2003
International Building,Residential,Mechanical,Plumbing and Fuel Gas codes,2002 National
Electrical Code, and Chapter 29 of the Weld County Code.
18. 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.
19. 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.
20. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
21. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
22. Personnel from Weld County Govemment 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.
23. 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.
24. 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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