HomeMy WebLinkAbout20030798.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED USE BY
SPECIAL REVIEW PERMIT #274 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 2nd Amended Use by Special Review Permit #274 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:
S1/2 SE1/4 SW1/4 of Section 24, Township 2 North,
Range 63 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 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 23-2-230.6.1 --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." The request for a Site Specific Development Plan and Use by Special
2003-0798
PL0895
(1 ; a, !' '6r, / (.79_)
2ND AMENDED SPECIAL REVIEW PERMIT#274 - DUKE ENERGY FIELD SERVICES
PAGE 2
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 Use by Special Review Permit was applied for by
Charter Gas Resources in 1975. The application was for a natural gas
processing plant and support facilities. The Amended Use by Special
Review Permit was applied for by Snyder Oil Corporation in 1993. The
application was for upgrades to the existing Use by Special Review to
include new compressors, a new processing plant, and a heater unit. The
Second Amended Use by Special Review application addresses all
construction that has occurred on the 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 23-2-230.B.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 surrounded by
agricultural fields in crop production and related uses. There is a single
family dwelling approximately one-quarter of a mile to the east with cattle in
corrals, and a second house approximately one-quarter mile to the west.
d. Section 23-2-230.8.4--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 does not lie within the three-mile referral area of any
incorporated community.
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. 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 23-2-230.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 1996. Previous to this acquisition the facility was permitted and operated
by Snyder Oil Corporation for more than twenty years.
2003-0798
PL0895
2ND AMENDED SPECIAL REVIEW PERMIT#274 - DUKE ENERGY FIELD SERVICES
PAGE 3
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 #274 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 in accordance with Section 23-2-260.D of the
Weld County Code.
B. The plat shall be labeled 2nd Amended USR-274.
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 gallon barrels 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.
2003-0798
PL0895
2ND AMENDED SPECIAL REVIEW PERMIT#274 - DUKE ENERGY FIELD SERVICES
PAGE 4
G. All septic systems located on the property shall have appropriate permits
from the Weld County Department of Public Health and Environment. The
Environmental Health Division of the Weld County Department of Public
Health and Environment was unable to locate septic permits for many of the
existing structures on the site. Any existing septic system(s), which is not
currently permitted through the Weld County Department of Public Health
and Environment, will require an Individual Sewage Disposal System
(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 submitted in writing to the Weld County Department of Planning
Services.
H. The applicant shall submit evidence to the Department of Planning Services,
from the Colorado Division of Water Resources, demonstrating that the well
is appropriately permitted for the use.
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.
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.
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 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.
2003-0798
PL0895
2ND AMENDED SPECIAL REVIEW PERMIT#274 - DUKE ENERGY FIELD SERVICES
PAGE 5
L. The applicant shall provide evidence of compliance with Building Permits
issued by the Department of Building Inspection, as outlined in the referral
dated December 3, 2002, and briefly described as follows:
1) The following permits have been issued for various structures on this
site and need to have required inspections and final approval
granted:
a. BC-0000800 for a Waukesha 7042 compressor
b. BC-0101015 for three(3)80 square-foot storage sheds, includes
electric
c. BCS-020331 for a self supporting radio tower
d. BCS-020405 to replace pumps and pipes on a 100 square-foot
slab, amended to include additional pipe stanchions to support
new electrical cable tray
e. BCS-020664 to install a ground flare
2) The following two permits were issued but have been expired by
resolution of the Weld County Board of Commissioners because no
inspections were conducted. If the work was done for which these
permits were issued, new permits will need to be applied for, new
fees paid, and required inspections performed:
a. BP-39983 to install a used process skid, three (3) NG
compressors totaling 200 HP with a 3,000 square-foot
compressor building, valves, pipe, fittings and miscellaneous
equipment but no electric
b. BP-43458 for an eight(8)by twelve(12)foot building on a gravel
bed to house telemetering equipment for natural gas flow
3) The following permit was applied for, but was not issued. A Zone
hold was placed on the permit. Verification must be provided that
the manufactured structure was not installed on the site:
a. 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.
2003-0798
PL0895
2ND AMENDED SPECIAL REVIEW PERMIT#274 - DUKE ENERGY FIELD SERVICES
PAGE 6
M. Pursuant to a Memorandum, dated November 12, 2002, from Bethany
Salzman, Zoning Compliance Officer, the applicant shall provide evidence
of compliance with the Building Compliance Office that all issues listed in
said Memorandum have been addressed. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services.
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 Second Amended Use by
Special Review plat.
O. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
3. Upon completion of Conditions#1 and#2 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.
4. The Department of Planning Services respectively requests the surveyor provide a
digital copy of this 2nd 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 mapsa.co.weld.co.us.
5. 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.
6. The Second Amended Use by Special Review activity shall not occur, nor shall any
building or electrical permits be issued on the property, until the Second Amended
Use by Special Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder.
2003-0798
PL0895
2ND AMENDED SPECIAL REVIEW PERMIT#274 - DUKE ENERGY FIELD SERVICES
PAGE 7
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
/�� WEL�COUN Y, COL RADO
ATTEST: f K /�'//� �EZ �11�
Dav'd Lon , Chair
Weld County Clerk to th oa
a.
tM I 'e i 111
1 � , // - Robert D. M den, Pro-Tem
BY: 8 rcj rA
Deputy Clerk to the Board
. J eile
AP VEDAS TO 1-L) Vey
William H. Jerke
unty rn y
Gle n Vaad
Date of signature:
2003-0798
PL0895
SITE SPECIFIC DEVELOPMENT PLAN
2ND AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DUKE ENERGY FIELD SERVICES
2ND AMUSR#274
1. The Site Specific Development Plan and Second Amended Use by Special Review
Permit#274 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
Industrial Zone District as delineated in Section 25-12-103, C.R.S.
8. Any existing septic system(s)which is not currently permitted through the Weld County
Department of Public Health and Environment, Environmental Health Services Division,
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 system's
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.
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.
2003-0798
PL0895
DEVELOPMENT STANDARDS - DUKE ENERGY FIELD SERVICES (USR #274)
PAGE 2
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. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
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 Second 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.
2003-0798
PL0895
Hello