HomeMy WebLinkAbout20041997.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED USE BY
SPECIAL REVIEW PERMIT #552 FOR A MINERAL RESOURCE 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 4th day of
August,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 Second Amended Use by Special Review Permit#552 for a
Mineral Resource Development Facility, including a Natural Gas Processing Facility, in the
A (Agricultural) Zone District on the following described real estate, to-wit:
Lot A of Recorded Exemption#614; being part of the
W1/2 SE1/4 of Section 28,Township 6 North, Range
65 West of the 6th P.M., Weld County, Colorado
WHEREAS,at said hearing the applicant was represented by Jacqueline Johnson of 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 23-2-230.6 of the Weld County Code as follows:
a. Section 23-2-230.6.1 --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." This request is the second amendment to an existing facility permitted
as a Site Specific Development Plan and Use by Special Review Permit for
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2ND AMENDED SPECIAL REVIEW PERMIT #552 - DUKE ENERGY FIELD SERVICES
PAGE 2
a Mineral Resource Development Facility, including a Natural Gas
Processing Facility, in the A (Agricultural)Zone District. 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
Commission for regulatory compliance. These modifications will not
increase truck trips per day as the plant is at capacity.
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. 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 23-2-230.6.4--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 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 suggested that landscaping be provided along the south and east
property boundaries to screen the facility.
e. Section 23-2-230.6.5 --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 the 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.
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2ND AMENDED SPECIAL REVIEW PERMIT#552 - DUKE ENERGY FIELD SERVICES
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f. Section 23-2-230.6.6--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 23-2-230.6.7 -- 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 Second Amended Use by Special Review Permit #552 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. All sheets of the plat shall be labeled 2ndAmUSR-552.
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) Weld 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 Weld
County Road 43 shall be delineated on the plat as right-of-way
reservation for future expansion of Weld County Road 43. This road
is maintained by Weld County. The most recent traffic counts reflect
800 to 1,600 vehicles taken between Weld County Roads 50 and 66.
4) The screened trash enclosure for the facility.
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2ND AMENDED SPECIAL REVIEW PERMIT#552 - DUKE ENERGY FIELD SERVICES
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5) A graphic 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.
D. 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,or hazardous or odorous
air pollutants. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services.
E. 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:
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. 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 its memorandum dated April 11,2004. Written evidence of
approval shall be submitted to the Weld County Department of Planning
Services.
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 its referral dated March 24,2004. Evidence
of such shall be submitted in writing to the Weld County Department of
Planning Services.
The applicant shall address the concerns and requirements of the State of
Colorado, Oil and Gas Conservation Commission,as referenced in the letter
dated March 29, 2004. The applicant shall provide written evidence of
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2ND AMENDED SPECIAL REVIEW PERMIT #552 - DUKE ENERGY FIELD SERVICES
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approval and compliance with the standards as indicated in the 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.
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 delineated on the USR plat.
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.
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.
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 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(c(<7co.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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2ND AMENDED SPECIAL REVIEW PERMIT#552 - DUKE ENERGY FIELD SERVICES
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5. The Second Amended Use by Special Review activity shall not occur, nor shall any
Building or Electrical Permits be issued, until the Second Amended 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 4th day of August, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
l� ���� �� W LD COU T CO�ADO
Robert D. Masden, Chair
oo y.+� , lerk to the Board
1 1861 SI 9
� _6 ,
1 { ''++r '�� William H rke, Pro-Tern
` ?n 'gip •Clerk to the Board
M. . ile
•
AP OV AS TO
David . Long
ty ttorne
lenn Vaad
Date of signature: -e/ Or/
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SITE SPECIFIC DEVELOPMENT PLAN
SECOND AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DUKE ENERGY FIELD SERVICES
2ND AMUSR #552
1. The Site Specific Development Plan and Second Amended Use by Special Review
Permit #552 is 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.
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 forfinal 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. Adequate hand washing and toilet facilities shall be provided for employees of the facility.
9. The applicant shall comply with all provisions of the Underground and Above Ground Storage
Tank Regulations (7 CCR 1101-14).
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 and volatile organic compounds.
11. The applicant shall operate in accordance with the approved Waste Handling Plan.
12. Any septic systems located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
13. The facility shall utilize the existing public water supply for drinking and sanitary purposes.
(North Weld County Water District)
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.
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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 Department of Public Works will require the Improvements Agreement to
accommodate heavy hauling to this site.
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.
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.
18. Buildings shall conform to the requirements of the 2003 International Building, Mechanical,
and Plumbing Codes,the 2002 National Electrical Code,and Chapter29 of the Weld County
Code.
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 of the 2003 International Building Code.
20. 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.
21. 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.
22. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
23. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
24. 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.
25. The Second Amended Use by Special Review Permit#552 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.
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26. 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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