HomeMy WebLinkAbout20040732 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: 2n°AmUSR-542
APPLICANT: Duke Energy
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Part of the SE4 of Section 35, T4N, 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 an Oil and Gas Support and
Service Facility(Oil and Gas Processing Facility)in the A(Agricultural)Zone
District.
LOCATION: South of CR 40; west of and adjacent to CR 35.
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.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 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 amendrent to an
existing permitted facility. The original USR was applied for by Associated Natural Gas
Incorporated, in 1983. The application was for a natural gas processing plant and support
facilities. The amended USR was applied for by Associated Natural Gas Incorporated, in
1985.The application was for upgrades to the existing facility.This application addresses the
current on-site conditions,and serves as a baseline for future improvements to the site. This
amendment is for upgrades to the facility. 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 slopes gradually to the north with no significant
topographical change. To the north is the Platte Valley Canal and agricultural lands; to the
east,west and south are also agricultural lands. Several USRs are in the general vicinity of
this facility. To the south at the intersection of County Roads 40 and 35 is an oil and gas
equipment storage facility for Snyder Oil Corporation(USR-1018);to the west connecting into
this facility is a ten (10) inch gas line for Western Gas Supply Company(USR-958) and 1/2 tv
mile to the east is compressor station permitted for Panhandle Eastern Pipeline(SUP-355). m R ��
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with futur x
development of the surrounding area as permitted by the existing zoning and with the futur
development as projected by Chapter 22 of the Weld County Code and any other applicabl
code provisions or ordinances in effect, or the adopted Master Plans of affecte
municipalities. The existing site is within the three mile referral area of the Town of Gilcrest ,
The Town of Gilcrest did not return a referral indicating a conflict with their interests.
2004-0732
Resolution 2AmUSR-542
Duke Energy
Page 2
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 1983. Previous to this acquisition the facility
was permitted and operated by Associated Natural Gas Incorporated 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. All pages of the plat shall be labeled 2ndAmUSR-542 (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
associated with this facility shall be screened from adjacent properties, including the
public rights-of-way. (Department of Planning Services)
3. County Road 35 and County Road 40 are designated on the Weld County Roadway
Classification Plan in the County Wide Impact Fee Code Ordinance, Section 20-1-
30, as local roads, which require sixty feet of right-of-way at full build out. There is
presently sixty feet of right-of-way.A total of thirty feet from the centerline of County
Road 35 and County Road 40 shall be delineated on the plat. These roads are
maintained by Weld County. (Department of Public Works)
4. The application and the aerial view reflect two existing accesses to the facility. The
main access point from County Road 35 accommodates ingress and egress access.
The secondary access located at the south corner of the proposed USR shall be
utilized for emergency access purposes only. (Department of Public Works)
5. The screened trash enclosure for the facility, including an enclosure for the
miscellaneous materials utilized for maintenance and operations. (Department of
Planning Services)
D. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and
Emissions Permit application from the Air Pollution Control Division, Colorado Department
of Health and Environment, if applicable. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services. (Department of Public Health and
Environment)
Resolution 2AmUSR-542
Duke Energy
Page 3
E. The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health & Environment.
Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services. (Department of Public Health and Environment)
F. The septic system serving the office, (septic permit # G830182) was designed to serve 2
persons per day. The application materials indicate that five persons per day will we utilize
the site. Therefore, the existing septic system shall be reviewed by a Colorado Registered
Professional Engineer. The review shall consist of observation of the system and a technical
review describing the systems ability to handle the proposed hydraulic load.The review shall
be submitted to the Environmental Health Services Division of the Weld County Department
of Public Health and Environment. In the event the system is found to be inadequately sized
or constructed the system shall be brought into compliance with current Regulations.
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. The applicant shall provide written evidence of approval by the Department of Public Works
concerning the on-site access, circulation, parking and storm water drainage as addressed
in their memorandum dated January 8, 2004, to the Weld County Department of Planning
Services. (Department of Public Works)
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)
J. The applicant shall submit a number equipment plan with descriptive narrative for each piece
of equipment and/or encumbrance that is located on site. The scale of this drawing shall be
1"=20 feet. This document shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code. (Department of Planning Services)
K. The applicant shall address the concerns of the Colorado Interstate Gas Company(CIG)as
discussed in the letter from Mark Mauz Duke Field Services dated November 10, 2003.
Evidence of compliance shall be submitted to the Department of Planning Services.
(Department of Planning Services)
L. The applicant shall submit an updated Emergency Contact List for this facility to the
Department of Planning Services. (Department of Planning Services)
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 plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat
Resolution 2AmUSR-542
Duke Energy
Page 4
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 mapseco.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.
(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)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DUKE ENERGY - MEWBOURN FACILITY
2ND AMUSR-542
1. The Site Specific Development Plan and Special Review Permit for a Mineral Resource Development
Facility including an Oil and Gas Support and Service Facility(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. (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., as amended)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,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions.(Department
of Public Health and Environment)
6. The applicant shall operate in accordance with the approved"waste handling plan". (Department of
Public Health and Environment)
7. Fugitive dust and fugitive particulate emissions 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)
8. This facility shall adhere to the maximum permissible noise levels allowed in the Light industrial Zone
as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
9. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility.
(Department of Public Health and Environment)
10. Any septic system 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)
11. Adequate toilet facilities (port-a-potty) shall be provided during the construction of the facility.
(Department of Public Health and Environment)
12. The facility shall utilize the existing public water supply. (Central Weld County Water District)
(Department of Public Health and Environment)
13. 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(HAP's)and
volatile organic compounds (VOC's). (Department of Public Health and Environment)
14. A building permit shall be obtained prior to doing any new work. Building 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. (Department of Building Inspection)
Resolution 2AmUSR-542
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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
Chapter 29 of the Weld County Code. (Weld County intends to adopt the 2003 International Building,
Residential, Mechanical, Plumbing and Fuel Gas codes in March 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. The off-street parking spaces including the access drive shall be surfaced with gravel or the
equivalent and shall be graded to prevent drainage problems. (Department of Public Works)
19. 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)
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
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
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)
Motion seconded by Bryant Gimlin
Resolution 2AmUSR-542
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 3rd of February, 2004.
Voneen Macklin
Secretary
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