HomeMy WebLinkAbout20042978.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT #991 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY
INCLUDING AN OIL AND 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 27th day of
October, 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 Amended Use by Special Review Permit #991 for a
Mineral Resource Development Facility including an Oil and Gas Processing Facility in the
A (Agricultural) Zone District on the following described real estate, to-wit:
SE1/4 SE1/4 of Section 28,Township 4 North, Range
64 West of the 6th P.M., Weld County, Colorado
WHEREAS,at said hearing,at the request of the applicant,the Board deemed it advisable
to continue the matter to November 17, 2004,to allow the applicants time to evaluate methods to
mitigate operational noise to surrounding property owners, and
WHEREAS,at said hearing on November 17,2004,said applicant was represented by Tim
Clancy,Witwer, Oldenburg, Barry and Johnson,LLP,822 7th Street,Suite 760, Greeley,Colorado
80631, 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.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
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AMENDED SPECIAL REVIEW PERMIT#991 - DUKE ENERGY FIELD SERVICES
PAGE 2
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 request fora Site Specific Development Plan and Use by Special
Review Permit for a Mineral Resource Development Facility,including an Oil
and Gas Processing Facility, in the A (Agricultural) Zone District is an
amendment to an existing permitted facility. The original Use by Special
Review Permit was applied for by Associated Natural Gas, Inc.,in 1992. The
application was for three compressors with no expansion delineated. This
application addresses the current on-site conditions, and serves as a
baseline for future improvements to the site. 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.B.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.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The property is surrounded by
agricultural lands in crop production and related uses. There is a single
family dwelling approximately 1/4 mile to the west,with prairie grassland in
all other directions.
d. Section 23-2-230.6.4--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 site
does not lie within the three-mile referral area of any municipality.
e. Section 23-2-230.6.5 --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 fee structure of Area 4.
f. Section 23-2-230.6.6--The applicant has demonstrated a diligent effort to
conserve agricultural land in the locational decision for the proposed use.
This facility was acquired by the Duke Energy Field Services Division in
1995. Previous to this acquisition the facility was permitted and operated by
Amoco Oil Corporation.
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AMENDED SPECIAL REVIEW PERMIT#991 - DUKE ENERGY FIELD SERVICES
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g. Section 23-2-230.6.7 -- 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 Amended Use by Special Review Permit #991 for a Mineral Resource
Development Facility including an Oil and 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 AmUSR-991.
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 (55)gallon barrels associated with
this facility,shall be screened from adjacent properties, including the
public rights-of-way.
3) The existing points of ingress and egress. All other accesses shall
be labeled as emergency accesses.
D. The applicant shall 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.
E. The applicant shall 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.
F. 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.
G. A portable, adequate sewage disposal system and hand washing system
shall be provided for sanitary purposes. Written evidence of compliance
shall be submitted to the Department of Planning Services from the
Environmental Health Services Division.
H. An adequate water supply shall be provided for drinking and sanitary
purposes. Written evidence of compliance shall be submitted to the
Department of Planning Services from the Environmental Health Services
Division.
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 January 27, 2003. Evidence of
approval by the Department of Public Works shall be submitted in writing to
the Weld County Department of Planning Services.
J. Permits will be required for the installation of all new equipment and all
electrical work, but not for the replacement of equipment on existing
foundations, including the piping and electrical connections to that
equipment, nor for the addition of minor equipment such as filters and
coolers; however electrical permits are required for any new electrical
circuits provided to added equipment. Permits are not required for process
piping for liquids or gas. Evidence of compliance with all of the requirements
of the Department of Building Inspection shall be submitted in writing to the
Weld County Department of Planning Services.
K. The applicant shall provide evidence of compliance with the Department of
Code Compliance, Zoning Division and Building Inspection Division.
Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services.
L. The applicant shall provide evidence of compliance with the setbacks of all
structures specific to the future rights-of-way for Weld County Roads 40
and 55. Evidence of such shall be submitted in writing to the Weld County
Departments of Public Works and Planning Services.
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AMENDED SPECIAL REVIEW PERMIT#991 - DUKE ENERGY FIELD SERVICES
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M. The applicant shall enter into an Improvements Agreement for all On-site
Improvements to the AmUSR-991 Marla Site.
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
maps@co.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 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 SPECIAL REVIEW PERMIT#991 - DUKE ENERGY FIELD SERVICES
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 17th day of November, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
✓.'a of Y�
W LD COUNTY, CO ORADO
Robert D. Masden, Chair
( JItm
William H "Pr eile
APP AS M: w.,
Davi E. Long
•
my Atto y //actS)
Glenn Vaad _
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DUKE ENERGY FIELD SERVICES
AMUSR#991
1. The Site Specific Development Plan and Amended Use by Special Review Permit#991 is
for a Mineral Resource Development Facility, including an Oil and 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. 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. All potentially hazardous chemicals must be stored and handled in a safe manner in
accordance with product labeling.
9. The applicant shall operate in accordance with the approved Waste Handling Plan.
10. Adequate hand washing and toilet facilities shall be provided for employees of the facility.
11. 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, Area 4.
12. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
13. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
14. 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.
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15. 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.
16. 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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