HomeMy WebLinkAbout20030799.tiff 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-274
APPLICANT: Duke Energy
PLANNER: Kim Ogle
LEGAL DESCRIPTION: S2 SE4 SW4 of Section 24, T2N, R63W of the 6th P.M., Weld County,
Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for a Mineral
Resource Development F acility, including a n Oil and Gas S upport and
Service Facility(oil and gas processing),in the A(Agricultural)Zone District.
LOCATION: North of and adjacent to WCR 18 and '''A mile west of WCR 73.
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 an Oil and
Gas Support and Service Facility(oil and gas processing),in the A(Agricultural)Zone District
is a second amendment to an existing permitted facility. The original SUP was applied for
by Charter Gas Resources, in 1975. The application was for a natural gas processing plant
and support facilities. The amended USR was applied for by Snyder oil Corporation, in
1993.The application was for upgrades to the existing SUP to include new compressors, a
new processing plant and a heater unit. The second amended USR application addresses
all construction that has occurred on site since 1993.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 23-2-220.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 surrounded by agricultural fields in crop production
and related uses. There is a single family dwelling approximately 1/4 mile to the east with
cattle in corrals; and a second house to the west approximately 1/4 mile.
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 soft
--. code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The existing site does not lie within the three mile referral area of any p.
incorporated community.
E. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code. K
The existing site is not within a recognized overlay district, including the Geologic
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Resolution 2nd AmUSR-274
Duke Energy
Page 2
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 23-2-220.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 1996. Previous to this acquisition the facility
was permitted and operated by Snyder Oil Corporation for more than 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. The plat shall be labeled 2ndAmUSR-274 (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,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)
D. If applicable, the applicant shall apply for an Underground Injection Control (UIC) Class V
Injection Well permit for the shop, through the Environmental Protection Agency(EPA) or
provide evidence that the applicant is not subject to the EPA Class V requirements. Evidence
of such shall be submitted in writing to the Weld County Department of Planning
Services.(Department of Public Health and Environment)
E. 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)
F. 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)
G. All septic systems located on the property shall have appropriate permits from the Weld
County Department of Public Health & Environment. The Environmental Health Division of
the Weld County Department of Public Health & Environment was unable to locate septic
permits for many of the existing structures on site. Any existing septic system(s)which is not
currently permitted through the Weld County Department of Public Health&Environment will
require an I.S.D.S. Evaluation prior to the issuance of the required septic permit(s). In the
event the system(s) is found to be inadequate, the system(s) must be brought into
compliance with current I.S.D.S. regulations. Evidence of such shall be
Resolution 2nd AmUSR-274
Duke Energy
Page 3
submitted in writing to the Weld County Department of Planning Services. (Department of
Public Health and Environment)
H. The applicant shall submit evidence to t he Department of Planning Services, from the
Colorado Division of Water Resources,demonstrating that the well is appropriately permitted
for the use. (Department of Public Health and Environment)
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)
J. The applicant shall address the concerns of the Department of Public Works specific to the
existing concrete access and parking pad adjacent to the Roggen plant office and weigh
scale. The circulation throughout the site appears to be adequate. There are secondary
emergency access gates through the front and the rear of the facility. These gates are
closed and chained. Truck parking and loading facilities should be adequately graveled and
should be graded to prevent drainage problems. Evidence of approval by the Department of
Public Works shall be submitted in writing to the Weld County Department of Planning
Services. (Department of Public Works)
K. 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 November 27,2002. Evidence of approval by the Department of Public
Works shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Public Works)
L. The applicant shall provide evidence of compliance with building permits issued by the
Department of Building Inspection as outlined in their referral dated December 3, 2002 and
briefly described as follows
The following permits have been issued for various structures on this site and need to have
required inspections and final approval granted:
1. BC-0000800 for a Waukesha 7042 compressor
2. BC-0101015 for 3, 80 square foot storage sheds, includes electric
3. BCS-020331 for a self supporting radio tower
4. BCS-020405 to replace pumps and pipes on 100 square foot slab, amended to
include additional pipe stanchions to support new electrical cable tray
5. BCS-020664 to install a ground flare
The following two permits were issued but have been expired by BOCC resolution because
no inspections were conducted. If the work for which these permits was issued was done,
new permits will need to be applied for, new fees paid, and required inspections performed:
A. BP 39983 to install a used process skid, 3 NG compressors totaling
200 HPwith a 3000 square foot compressor building, valves, pipe,
fittings and miscellaneous equipment but no electric.
B. BP 43458 for a 8 by 12 building on a gravel bed to house
telemeteringequipment for natural gas flow
Resolution 2nd AmUSR-274
Duke Energy
Page 4
The following permit was applied for but was not issued. A Zone hold was placed on the
permit. We must verify that the Manufactured structure was not installed on the site:
1. PR-9500008 for a 28 by 70 grey Manufactured Home to be used as an office
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.
(Department of Building Inspection, Department of Planning Services)
M. 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. (Department of
Planning Services,Code Compliance,Department of Building Inspection,Code Compliance)
N. The applicant to 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)
O. 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
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
Recorded Exemption/Subdivision Exemption/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 mapsaco.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.
(Sheriff's 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-ROGGEN PLANT
2ND AMUSR-274
1. The Site Specific Development Plan and Special Use Permit is for a Mineral Resource Development
Facility, including an Oil and Gas Support and Service Facility (oil and gas processing), 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. (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. (Department of Public Health and Environment)
8. Any existing septic system(s)which is not currently permitted through the Weld County Department
of Public Health & Environment, Environmental Health Services will require an I.S.D.S. evaluation
prior to the issuance of the required septic permit(s). The review shall consist of observation of the
system and an evaluation of the systems ability to handle the proposed hydraulic load. In the event
the system(s)is found to be inadequate,the system(s)must be brought into compliance with current
I.S.D.S. Regulations. (Department of Public Health and Environment)
9. Adequate handwashing and toilet facilities shall be provided for employees. (Department of Public
Health and Environment)
10. In accordance with the Above Ground Storage Tank Regulations (7 CCR 1101-14) a spillage
retention berm shall be constructed around the tank battery. The volume retained by the spillage
berm should be greater than the volume of the largest tank inside the berm. Alternative protective
measures may be allowed provided they comply with the Above Ground Storage Tank Regulations.
(Department of Public Health and Environment)
11. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with
product labeling. (Department of Public Health and Environment)
12. The applicant shall operate in accordance with the approved"waste handling plan". (Department of
Public Health and Environment)
13. 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)
14. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
Resolution 2nd AmUSR-274
Duke Energy
Page 2
15. 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. (Department of Planning Services)
16. 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)
17. 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)
18. Personnel from Weld County Government shall be granted access onto the property at any
reasonable time in or der to ensure the a ctivities carried out o n the property comply with the
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
19. 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)
20. 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 John Folsom
VOTE:
For Passage Against Passage Absent
Fred Walker
Michael Miller
John Folsom
Cathy Clamp
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Bernard Ruesgen
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 18, 2003.
Dated the 18th of February, 2003.
olQu-'4Y1C1 (_-L _ i
Voneen Macklin
Secretary
CASE NUMBER: 2nd AmUSR-274
APPLICANT: Duke Energy
PLANNER: Kim Ogle
LEGAL DESCRIPTION : S2 SE4 SW4 of Section 24,
T2N , R63W of the 6th P. M . , Weld County, Colorado.
REQUEST: 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.
LOCATION : North of and adjacent to WCR 18 and 1/2 mile
west of WCR 73.
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