HomeMy WebLinkAbout20040731 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND 2ND AMENDED USE BY
SPECIAL REVIEW PERMIT #542 FOR A MINERAL RESOURCES DEVELOPMENT
FACILITY INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY (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 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,fora
Site Specific Development Plan and 2nd Amended Use by Special Review Permit#542 fora Mineral
Resource Development Facility including an Oil and Gas Support and Service Facility(Oil and Gas
Processing Facility)in the A(Agricultural)Zone District on the following described real estate,to-wit:
Part of the SE1/4 of Section 35, Township 4 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.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
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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2ND AMENDED USE BY SPECIAL REVIEW PERMIT#542-DUKE ENERGY FIELD SERVICES
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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
second amendment to an existing permitted facility. The original Use by
Special Review Permit was applied for by Associated Natural Gas
Incorporated,in 1983. The application was fora natural gas processing plant
and support facilities. The amended Use by Special Review Permit 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 23-2-230.6.2--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 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. 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 Use by Special Review Permits are in the general
vicinity of this facility. To the south, at the intersection of Weld County
Roads 40 and 35,is an oil and gas equipment storage facility for Snyder Oil
Corporation permitted through Use by Special Review Permit#1018. To the
west,connecting into this facility, is a ten(10)inch gas line for Western Gas
Supply Company permitted through Use by Special Review Permit#958.
One-half mile to the east is a compressor station permitted for Panhandle
Eastern Pipeline under Special Use Permit#355.
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 Town of Gilcrest. The Town
of Gilcrest did not return a referral indicating a conflict with its interests.
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 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.
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2ND AMENDED USE BY SPECIAL REVIEW PERMIT#542-DUKE ENERGY FIELD SERVICES
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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 1983. Previous to this acquisition the facility was permitted and operated
by Associated Natural Gas Incorporated for approximately twenty years.
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 2nd Amended Use by Special Review Permit#542 fora Mineral Resource
Development Facility including an Oil and Gas Support and Service Facility(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 per Section 23-2-260.D of the Weld County Code.
B. All pages of the plat shall be labeled 2ndAmUSR-542.
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 associated with this facility which shall be screened from
adjacent properties, including the public rights-of-way.
3) Weld County Roads 35 and 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 sixtyfeet of right-of-
way. A total of thirty feet from the centerline of Weld County
Roads 35 and 40 shall be delineated on the plat. These roads are
maintained by Weld County.
4) The application and the aerial view reflect two existing accesses to
the facility. The main access point from Weld County Road 35
accommodates ingress and egress access. The secondary access
located at the south corner of the proposed Use by Special Review
shall be utilized for emergency access purposes only.
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2ND AMENDED USE BY SPECIAL REVIEW PERMIT#542-DUKE ENERGY FIELD SERVICES
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5) The screened trash enclosure for the facility,including an enclosure
for the miscellaneous materials utilized for maintenance and
operations.
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.
E. The applicant shall submit a Dust Abatement Plan for review and approval,
to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services.
F. The septic system serving the office (Septic Permit #G830182) was
designed to serve two (2) persons per day. The application materials
indicate that five (5) persons per day will 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 system's 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.
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:
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. The applicant shall provide written evidence of approval by the Department
of Public Works concerning the on-site access, circulation, parking, and
stormwater drainage as addressed in the memorandum dated January 8,
2004, to the Weld County Department of Planning Services.
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I. 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 Use by Special Review
Plat.
J. The applicant shall submit a number equipment plan with a 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.
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.
L. The applicant shall submit an updated Emergency Contact List for this facility
to the 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.
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 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@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.
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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.
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: � " 1 / ��ti` . �- /� \th U
''�"+����qq/ ',� ' `,obert D. Masden, Chair
Weld County Clerk to the`e: eMQ�%
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. �� K TVA
, �, illiam H. J e, Pro-Tern
BY: i, I��,�. )4 ,
Deputy Clerk to the Boa.%alit T \ I
M. J.
PR ED A F M: p FC
David E. ong v
ou ty Attorn i
Glenn Vaadaad
Date of signature: 4/
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SITE SPECIFIC DEVELOPMENT PLAN
2ND AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DUKE ENERGY FIELD SERVICES
2ND AMUSR#542
1. The Site Specific Development Plan and 2nd Amended Use by Special Review Permit#542
is 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.
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,fugitive particulate emissions,blowing debris,and other potential nuisance conditions.
6. The applicant shall operate in accordance with the approved Waste Handling Plan.
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.
8. This 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.
9. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
10. Any septic system located on the property must comply with all provisions of the Weld
County Code pertaining to Individual Sewage Disposal Systems.
11. Adequate toilet facilities(Port-A-Potty)shall be provided during the construction of the facility.
12. The facility shall utilize the existing public water supply.(Central Weld County Water District)
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 and volatile organic compounds.
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
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DEVELOPMENT STANDARDS - DUKE ENERGY FIELD SERVICES (2ND AMUSR #542)
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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.
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.
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: 2003
International Building, Residential, Mechanical, Plumbing and Fuel Gas codes, the 2002
National Electrical Code, and Chapter 29 of the Weld County Code.
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.
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.
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 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.
23. The 2nd 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.
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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