HomeMy WebLinkAbout20030812.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT #1038 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 -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 16th day of
April, 2003, 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, for
a Site Specific Development Plan and Amended Use by Special Review Permit#1038 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 on the following described real estate, to-wit:
Part of the SE1/4 of Section 8, Township 3 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Tim Clancy,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 Amended 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
land." The request for a Site Specific Development Plan and a Special
Review Permit for a Mineral Resource Development Facility, including an Oil
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AMENDED USE BY SPECIAL REVIEW PERMIT#1038 - DUKE ENERGY FIELD SERVICES
PAGE 2
and Gas Support and Services Facility(oil and gas processing facility), in the
A (Agricultural) Zone District is an amendment to an existing permitted
facility. The original Use by Special Review was applied for by Snyder Oil
Corporation (SOCO), in 1994. The application was for four compressors
with expansion for two additional units. This application addresses the
current on-site conditions, eight compressors with expansion for one
additional compressor, 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 23-2-230.6.2--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.B.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.
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 site
lies within the three-mile referral area of the Town of Platteville, which did
not indicate a conflict with its interests.
e. Section 23-2-230.B.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. 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.
f. Section 23-2-230.8.6 --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 2001. Previous to this acquisition the facility was permitted and operated
by Amoco Production Company.
g. Section 23-2-230.B.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.
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AMENDED USE BY SPECIAL REVIEW PERMIT#1038 - DUKE ENERGY FIELD SERVICES
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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 Amended Use by Special Review Permit #1038 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 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. The plat shall be labeled AmUSR-1038.
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 and public rights-of-way.
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.
E. 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, hazardous, or odorous
air pollutants. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services.
F. 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.
G. All septic systems located on the property shall have appropriate permits
from the Weld County Department of Public Health and Environment.
Information from the files of the Department of Public Health and
Environment indicate that the septic system serving the office(septic system
permit number SP-0100588) is being "held" pending an approval letter from
a professional engineer. In accordance with the Weld County code, in order
to remove this "hold" the design engineer must certify to the Department of
Public Health and Environment that the septic system has been installed
according to his/her specifications. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services.
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AMENDED USE BY SPECIAL REVIEW PERMIT#1038 - DUKE ENERGY FIELD SERVICES
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H. The applicant shall submit an Aesthetic and Noise Control Mitigation Plan
to the Departments of Public Health and Environment and Planning Services
for review and approval.
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 the 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
the 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.
J. The applicant shall address the concerns of the Department of Building
Inspection as stated in the referral dated January 20, 2003. Evidence of
approval by the Department of Public Works shall be submitted in writing to
the Weld County Department of Planning Services.
K. The applicant shall provide evidence of approval by the Department of
Public Works concerning the on-site access, circulation, and stormwater
drainage as addressed in the memorandum dated January 27, 2003.
Evidence of approval by the Department of Public Works shall be submitted
in writing to the Weld County Department of Planning Services.
L. The applicant shall provide evidence of approval by the Department of
Public Works concerning the haul route.
M. 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.
N. The applicant shall provide evidence of compliance with the Department of
Code Compliance,Zoning Division and Building Inspection Division,specific
to Building Permit BCS-020345. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services.
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AMENDED USE BY SPECIAL REVIEW PERMIT#1038 - DUKE ENERGY FIELD SERVICES
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O. The applicant shall submit a Screening Plan to the Department of Planning
Services for review and approval. The approved Screening Plan
information shall be graphically delineated on the Amended Use by Special
Review plat.
P. The applicant shall submit a Lighting Plan for review and approval by the
Department of Planning Services.
Q. 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 Amended 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(cilco.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 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.
5. The Amended Use by Special Review activity shall not occur, nor shall any building
or electrical permits be issued on the property, until the Amended Use by Special
Review plat is ready to be recorded in the office of the Weld County Clerk and
Recorder.
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AMENDED USE BY SPECIAL REVIEW PERMIT#1038 - DUKE ENERGY FIELD SERVICES
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The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 16th day of April, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
�? ��I p WE COUNTY, COLORAD
ATTEST: ,�Si'S'ccu/ 0 E`b� 0;3 F ck
avid E Long, Chair
Weld County Clerk to the as ' '
? fJ obert D. Ma n, Pro-Tem
BY: GL c
Deputy Clerk to the Board lz z/. efecee'
M. J. G ile
APP; e D AS : "L 1i✓•1'
William H. Jerke
ounty Attorney •/ILfP ody'i #it
Glenn Vaad
Date of signature: /--
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SITE SPECIFIC DEVELOPMENT PLAN
AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DUKE ENERGY FIELD SERVICES
AMUSR #1038
1. The Site Specific Development Plan and Amended Use by Special Review Permit#1038
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.
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, blowing debris, and other potential nuisance conditions.
6. Fugitive dust shall be controlled on this site.
7. The facility shall adhere to the maximum permissible noise levels allowed in the Light
Industrial Zone District as delineated in Section 25-12-103, C.R.S.
8. The facility shall operate in accordance with the approved Lighting Plan at all times.
9. Adequate hand washing and toilet facilities shall be provided for employees.
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.
11. All potentially hazardous chemicals must be stored and handled in a safe manner in
accordance with product labeling.
12. The applicant shall operate in accordance with the approved Waste Handling Plan.
13. Any septic systems located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
14. The facility shall utilize the existing public water supply (Central Weld County Water
District).
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DEVELOPMENT STANDARDS - DUKE ENERGY FIELD SERVICES (AMUSR#1038)
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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.
16. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
17. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
18. 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.
19. The 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.
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.
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