HomeMy WebLinkAbout20030786.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: AmUSR-941
APPLICANT: Duke Energy Field Services, Inc.
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Part SW4 Section 30,Ti N, R67W of the 6th P.M.,Weld County,Colorado.
REQUEST: Request fora 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 Facility), in the A
(Agricultural)Zone District.
LOCATION: North of and adjacent to WCR 4; 1/4 mile West of WCR 15.
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 Facility/Compressor Plant Facility),
in the A (Agricultural)Zone District is an amendment to an existing permitted facility. The
original USR was applied for by Associated Natural Gas, Incorporated in 1991. The
application was for one compressor with expansion for two additional units. 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 are agricultural lands in the near vicinity with rural residences
located within one mile of the facility.
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
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The existing site lies within the three mile referral area of the town of Dacono,
the town of Erie and the City of Northglenn. All municipalities reviewed the proposal and
found no conflicts with their interests. Sri\
E. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code. I. i.
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 Z
required to adhere to the fee structure of Area 3. K
re
2003-0786 .M.
Resolution AmUSR-941
Duke Energy
Page 2
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 1995. Previous to this acquisition the facility
was permitted and operated by Amoco Oil Corporation and Associated Natural Gas, Inc.
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 AmUSR-941 (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. The applicant shall 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)
E. 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)
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& 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)
Resolution AmUSR-941
Duke Energy
Page 3
G. The applicant shall provide evidence of approval by the Department of Public Works
concerning the on-site access, circulation, staging of vehicles on County Roads and storm
water drainage as addressed in their 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. (Department of Public Works)
H. 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)
I. The applicant shall provide evidence of compliance with the Department of Code
Compliance, Zoning Division and Building Inspection Division, specific to Building Permit
number BC-0100935. 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)
J. 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)
K. The Weld County Public Works Department and Department of Planning Services shall
n require an Improvements Agreement for all on-site improvements to the Am USR-941 Martha
Site. (Department of Planning Services, Public Works Department)
L. 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 b y 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
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 mapsalco.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.
(Sheriffs 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- MARTHA COMPRESSOR PLANT
AMUSR-941
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
Facility/Compressor Facility), 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. The facility shall be operated in accordance with the
approved dust abatement plans at all times. (Department of Public Health and Environment)
7. The facility shall adhere to the maximum permissible noise levels allowed in the (Light Industrial)
Zone District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment)
8. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with
product labeling. (Department of Public Health and Environment)
9. Adequate hand washing and toilet facilities shall be provided for employees. (Department of Public
Health and Environment)
10. The applicant shall operate in accordance with the approved"waste handling plan". (Department of
Public Health and Environment)
11. Bottled water shall be provided for employees that maintain the site. (Department of Public Health
and Environment)
12. 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 3. (Department of Planning Services)
13. There shall be no staging on or parking on Weld County roads adjacent to the site. Utilize off street
parking at all times. (Department of Public Works)
14. 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)
15. 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)
16. 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. (Department of
Planning Services)
Resolution AmUSR-941
Duke Energy
Page 2
17. 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)
18. 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.
Voneen Macklin
Secretary
CASE NUMBER: AmUSR-941
APPLICANT: Duke Energy Field Services, Inc.
PLANNER: Kim Ogle
LEGAL DESCRIPTION : Part SW4 Section 30, T1 N ,
R67W of the 6th P. M . , Weld County, Colorado.
REQUEST: 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 Facility) in the A
(Agricultural) Zone District.
LOCATION : North of and adjacent to WCR 4; 1 /4 mile
West of WCR 15.
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