HomeMy WebLinkAbout20041999.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Duke Energy Field Services Case Number 2ND AmUSR-552
Submitted or Prepared
Prior to At
Hearing Hearing
▪ 1 Staff Comments X
Department of Planning Services Field Check Form X
Planning Commissioner Miller Field Check Form
Letter to Applicant X
Affadavit of sign posting X
Legal Notifications X
2 Application X
Maps
Surrounding Property/Mineral Owners
Utilities
3 Referral List X
4 Referrals without comment
Colorado Division of Wildlife, referral dated 3-10-2004 X
Referrals with comments
• 5 West Greeley Soil Conservation District, referral received 3-11-2004 X
• 6 Weld County Department of Public Works, referral dated 3-16-2004 X
7 Greeley Weld County Airport, referral received 3-24-2004 X
N 8 Weld County Department of Public Health and Environment, referral dated 3-24- X
2004
• 9 Weld County Department of Building Inspection, referral dated 3-24-2004 X
• 10 State of Colorado, Oil and Gas Conservation Commission, referral received 3-29- X
2004
11 City of Greeley, referral received 3-31-2004 X
• 12 Weld County Sheriffs Office, referral received 4-22-2004 X
PC Exhibits
I hereby certify that the 12 items identified herein were submitted to the I epartment of Planning Services at or prior to the
sch-- -d Planning Commissioners hearing.
•
Kim Ogle + Pla er EMIR
2004-1999
•
WIWDe LAND USE
APPLICATION
SUMMARY SHEET
COLORADO
Case Hearing Date: May 4, 2004
Number: 2ndAmUSR-552
Applicant: Duke Energy Field Services
Address: Duke Energy Field Services, c/o Tim Clancy; Witwer, Oldenburg, Barry & Bedingfield LLP
822 7th Street Suite 760; Greeley, CO 80631
Request: 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
Legal
Description: Lot A of RE-614; part of the W2SE4 Section 28, T6N, R65W of the 6th P.M., Weld County,
Colorado.
Location: % mile north of CR 64; 1/4 mile west of CR 43.
Size of Parcel: 2.46 +/- acres
r
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services'staff has received responses from the following agencies:
State of Colorado, Colorado Division of Wildlife, referral dated 3-10-2004
• West Greeley Soil Conservation District, referral received 3-11-2004
• Weld County Department of Public Works, referral dated 3-16-2004
• Greeley Weld County Airport, referral received 3-24-2004
•
Weld County Department of Public Health and Environment, referral dated 3-24-2004
• Weld County Department of Building Inspection, referral dated 3-24-2004
• State of Colorado, Oil and Gas Conservation Commission, referral received 3-29-2004
City of Greeley, referral received 3-31-2004
Weld County Sheriffs Office, referral received 4-22-2004
The Department of Planning Services' staff has not received responses from the following agencies:
• Weld County Code Enforcement
• Eaton Fire Protection District
• Union Pacific Railroad
= EXHIBIT
2AmUSR-552,DUKE ENERGY, page 1
{ �- SPECIAL REVIEW PERMIT
; ADMINISTRATIVE REVIEW
COLORADO
Planner: Kim Ogle Hearing Date: May 4, 2004
Case
Number: 2ndAmUSR-552
Applicant: Duke Energy Field Services
Address: Duke Energy Field Services, c/o Tim Clancy; Witwer, Oldenburg, Barry & Bedingfield LLP
822 7th Street Suite 760; Greeley, CO 80631
Request: 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
Legal
Description: Lot A of RE-614; part of the W2SE4 Section 28, T6N, R65W of the 6th P.M., Weld County,
Colorado.
Location: 1/2 mile north of CR 64; 1/4 mile west of CR 43.
Size of Parcel: 2.46 +/- acres Parcel Number: 0803 28 000062
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST 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 Department of Planning Services'staff 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 second amendment to an
existing permitted facility. The original USR was applied for by Colorado Gathering and
Processing Company, in 1983. The application was for a natural gas processing plant and
support facilities. The amended USR was applied for by Colorado Gathering and Processing
Company, in 1986.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 a new compressor building and upgrades as required by the Oil and Gas
2AmUSR-552,DUKE ENERGY, page 2
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 in the middle of the section adjacent to the vacated
Union Pacific Railroad right-of-way. In all directions,agricultural lands dominate. There are
numerous oil and gas production facilities approximately one-half mile directly south of this
facility. Operators include RA Resources, Inc., Prima Oil and Gas and Sunshine Valley
Petroleum. All operators have at least one Use by Special Review permit in place.
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 Greeley.
The City of Greeley stated that the proposal is outside of the City of Greeley 2020 Growth
Area and it is suggested that landscaping be provided along the south and east property
boundaries to screen the facility.
E. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code.
The site is within the Airport Overlay District. The Greeley-Weld County Airport has no
immediate concerns with the proposal, however,should any construction on site include tall
structures,the Greeley-Weld County Airport requests that a Federal Aviation Administration
7460-1 airspace study be performed. The site is also 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 is sited on a 2.46
acre parcel adjacent to lands formerly utilized as a single track rail for the Union Pacific
Railroad.
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 Department of Planning Services'staff 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. All sheets of the plat shall be labeled 2ndAmUSR-552. (Department of Planning Services)
C. The plat shall be amended to delineate the following:
2AmUSR-552, DUKE ENERGY, page 3
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 43 is designated on the Weld County Road Classification Plan as a
collector status road,which requires an 80-foot right-of-way at full build out. There
is presently sixty(60)feet of right-of-way.A total of forty(40)feet from the centerline
of County Road 43 shall be delineated on the plat as right-of-way reservation for
future expansion of County Road 43. This road is maintained by Weld County. The
most recent traffic counts reflect 800-1600 vehicles taken between County Road 50
and County Road 66. (Department of Public Works)
4) The screened trash enclosure for the facility. (Department of Planning Services)
5) Agraphic 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. (Department of Planning
Services)
D. 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)
E. 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)
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& 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)
G. 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 April 11, 2004. Written evidence of approval shall be submitted to the
Weld County Department of Planning Services. (Department of Public Works)
H. The applicant shall provide written evidence from the Department of Building Inspection of
compliance with building permits issued by the Department of Building Inspection as outlined
in their referral dated March 24, 2004. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services. (Department of Building Inspection)
2AmUSR-552, DUKE ENERGY, page 4
I. The applicant shall address the concerns and requirements of the State of Colorado,Oil and
Gas Conservation Commission as referenced in their letter dated March 29, 2004. The
applicant shall provide written evidence of approval and compliance with the standards as
indicated in this letter to the Department of Planning Services. Further, the applicant shall
submit written evidence of such from the State of Colorado, Oil and Gas Conservation
Commission. (State of Colorado, Oil and Gas Conservation Commission)
J. 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)
K. The applicant shall submit two sets of construction and site plans to the Eaton Fire Protection
District for review and approval. Written evidence of compliance with their regulations shall
be submitted to the Department of Planning Services. (Department of Building Inspection)
L. The applicant shall submit evidence to the Department of Planning Services stating that 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.
M. 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 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 mapsco.weld.co.us. (Department of Planning Services)
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 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. (Sheriffs 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)
2AmUSR-552,DUKE ENERGY, page 5
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DUKE ENERGY- LUCERNE
2ND AMUSR-552
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. The facility shall be operated in accordance with the
approved dust abatement plan at all times. (Department of Public Health and Environment)
7. The facility shall adhere to the maximum permissible noise levels allowed in the (Industrial) Zone
District as delineated in 25-12-103, C.R.S. as amended. (Department of Public Health and
Environment)
8. Adequate handwashing and toilet facilities shall be provided for employees of the facility.(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)
2AmUSR-552,DUKE ENERGY, page 6
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.(North weld
County Water District) (Department of Public Health and Environment)
14. The operation shall comply with all applicable rules and regulations from the Weld County Code,State
of Colorado-Air Pollution Control Division and the Environmental Protection Agency. (Department of
Public Health and Environment)
15. The applicant indicated that approximately two to three people will utilize the site. The type of vehicles
being used will be pickups for employees,one to three semi-tractor trailers, approximately three per
day. If the volume dramatically changes at this facility, the Weld County Public Works Department
will require this improvements agreement to accommodate heavy hauling to this site. (Department
of Public Works)
16. 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)
17. 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)
18. Buildings shall conform to the requirements of the 2003 International Building,Mechanical,Plumbing
and 2002 National Electrical Codes and Chapter 29 of the Weld County Code. (Department of
Building Inspection)
19. Building height, setback and offset distance shall be determined by the Weld County Code.
Separation of buildings of mixed occupancy classifications shall be in accordance with Table 302.3.3,
2003 International Building Code. (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 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. (Department of Planning Services)
20. 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)
21. 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)
22. 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
2AmUSR-552,DUKE ENERGY, page 7
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
r
23. 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)
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. (Department of Planning
Services)
2AmUSR-552,DUKE ENERGY, page 8
("18
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
1555 N. 17TH AVENUE
WI I D C. GREELEY, COLORADO 80631
COLORADO March 8, 2004
Duke Energy
do Tim Clancy
Witwer, Oldenburg, Barry & Bedingfield, LLP
822 7'h Street. Ste 760
Greeley, CO 80631
Subject: 2AmUSR-552- 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 on a parcel of land described as Lot A of RE-614; part of the W2SE4 Section 28,
T6N, R65W of the 6th P.M., Weld County, Colorado.
Dear Applicant:
Your application and related materials for the request described above are being processed. I have scheduled
a meeting with the Weld County Planning Commission for May 4, 2004, at 1:30 p.m. This meeting will take
place in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. It is
recommended that you and/or a representative be in attendance to answer any questions the Planning
Commission members may have.
It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all
mineral estate owners 30 days prior to any public hearing. The applicant shall provide the Weld County
Planning Department with written certification indicating the above requirements have been met.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the
property or if the property is located within the comprehensive planning area of a town or municipality.
Therefore, our office has forwarded a copy of the submitted materials to the Greeley Planning Commission
for their review and comments. Please call 970-350-9780 for further details regarding the date, time, and
place of this meeting. It is recommended that you and/or a representative be in attendance at the Greeley
Planning Commission meeting to answer any questions the Commission members may have with respect to
your application.
A representative from the Department of Planning Services will be out to the property a minimum of ten days
prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which
identifies the hearing time,date,and location. In the event the property is not adjacent to a publicly maintained
road right-of-way, one sign will be posted in the most prominent place on the property and a second sign
posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to the
Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the
scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office
before the Planning Commission hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
es-
Respectfully,
Kim
Planner
I. I. 110c NOTICE W11k
A PUBLIC HEARING CONCERNING
THIS PROPERTY WILL BE HELD AT:
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FIELD CHECK inspection date: April 2, 2004
CASE NUMBER: 2ndAmUSR-552
APPLICANT: Duke Energy Field Services
LEGAL DESCRIPTION: Lot A of RE-614; part of the W2SE4 Section 28, T6N, R65W of the 6th P.M.,
Weld County, Colorado.
LOCATION: /3 mile north of CR 64; 1/4 mile west of CR 43.
Zonina Land Use
N A(Agricultural) N Agricultural/ Residential
E A(Agricultural) E Agricultural/Residential -
S A(Agricultural) S Agricultural /Residential
W A (Agricultural) W Agricultural / Residential
COMMENTS:
Property is a 2.5 acre parcel in the middle of the section. The facility is surrounded by agricultural fields
and oil and gas encumbrances.
County Road 41 and County Road 43 are north-south oriented paved roads. County Road 64, "O" Street
and County Road 66 are the east-west oriented paved roads. Access is from a former railroad right-of-
way that bisects the section between County Roads 41 and 43, '/1 mile north of County Road 64. SH 85
is approximately one mile west of County Road 41.
The facility is north of the Greeley Corporate Limits.
Ki le, Planner
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