HomeMy WebLinkAbout20030814.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Duke Energy Case Number AmUSR-1038
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
Department of Planning Services Field Check Form
Planning Commissioner Folsom Field Check Form, not received
Letter to Applicant
Affadavit of sign posting
Legal Notifications
2 Application X
Maps
Surrounding Property/Mineral Owners
Utilities
3 Referral List X
4 Referrals without comment X
State of Colorado, Division of Wildlife, referral dated 01-02-2003
Town of Gilcrest, referral received 01-14-2003
Town of Platteville, referral received 02-10-2003
Referrals with comments X
5 Weld County Code Compliance, referral dated 12-20-2002 X
6 Weld County Sheriffs Office, referral dated 12-23-2002 X
7 Weld County Department of Building Inspection, referral dated 01-20-2003 X
8 Weld County Department of Public Health and Environment, referral dated 01-20- X
2003
9 Weld County Department of Public Works, referral dated 01-27-2003 X
10 Surrounding Property Owners X
11 PC Exhibits
12
I hereby certify that the 10 items identified herein were submitted to th- Department of Planning Services at or prior to the
scheduled Planning Commissioners hearing.
•
.u�I
Kim Ogle 4. Plan er I
EXHIBIT
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2003-0814
itokr ND USE WIIDe. LA APPLICATION
SUMMARY SHEET
COLORADO
Case Hearing Date: February 18, 2003
Number: AmUSR-1038
Applicant: Duke Energy
Address: Duke Energy Field Services, c/o Tim Clancy; Witwer, Oldenburg, Barry & Bedingfield LLP
822 7th Street, Suite 760; Greeley, CO 80631
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.
Legal
Description: Part SE4 Section 8, T3N, R66W of the 6th P.M., Weld County, Colorado.
Location: North of and adjacent to WCR 34; 1/4 mile West of WCR 29.
Size of Parcel: 20+/-acres
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services'staff has received responses from the following agencies:
•
Weld County Sheriffs Office, referral dated 12-20-2002
•
Weld County Code Compliance, referral dated 12-20-2002
•
State of Colorado, Division of Wildlife, referral dated 1-2-2003
•
Town of Gilcrest, referral dated 1-14-2003
Weld County Department of Building Inspection, referral dated 1-20-2003
Weld County Department of Public Health and Environment, referral dated 1-20-2003
•
Weld County Department of Public Works, referral dated 1-27-2003
Town of Platteville, referral received 2-6-2003
The Department of Planning Services' staff has not received responses from the following agencies:
•
State of Colorado, Oil & Gas Conservation Commission
Platteville Fire Protection District
EXHIBIT
AmUSR-1038,DUKE ENERGY- PLATTEVILLE, page 1
f a SPECIAL REVIEW PERMIT
41 , ' ADMINISTRATIVE REVIEW
WUDe
COLORADO
Planner: Kim Ogle
Case Hearing Date: February 18, 2003
Number: AmUSR-1038
Applicant: Duke Energy
Address: Duke Energy Field Services, do Tim Clancy; Witwer, Oldenburg, Barry& Bedingfield LLP
822 7th Street Suite 760; Greeley, CO 80631
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.
Legal
Description: Part SE4 Section 8, T3N, R66W of the 6th P.M., Weld County, Colorado.
Location: North of and adjacent to WCR 34; 1/4 mile West of WCR 29.
Size of Parcel: 20+/-acres Parcel Number: 1211 08 400001
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST 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 Department of Planning Services'staff 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 22-5-100.8(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),in the A(Agricultural)Zone
District is an amendment to an existing permitted facility. The original USR 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.
AmUSR-1038,DUKE ENERGY- PLATTEVILLE, page 2
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.
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 site lies within the three mile referral area of the Town of Platteville and
the Town did not indicate a conflict with their interests..
E. Section 23-2-220.A.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 Area 4 of the County-wide Road
Impact Fee Program.
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 2001. Previous to this acquisition the facility
was permitted and operated by Amoco Production Company.
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 Department of Planning Services' staff 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-1038. (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,
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)
AmUSR-1038,DUKE ENERGY- PLATTEVILLE, page 3
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 H ealth & Environment. I nformation from the files oft he
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 the 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. (Department of Public Health and Environment)
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.
(Department of Public Health and Environment and Planning Services)
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 Building Inspection as stated
in their 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.
(Department of Building Inspection)
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 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)
L. The applicant shall provide evidence of approval by the Department of Public Works
concerning the haul route. The Department of Public Works states "Each one of the gas
plant facility in Weld County has a designated haul route to the nearest paved road. Some
plants are required to maintain dust control. Some routes are required to be paved. Tim
Clancy, representative from Duke Energy,will provide me with semi-truck data on the use
at the facility to determine the appropriate requirements for WCR 34."(Department of Public
Works)
AmUSR-1038, DUKE ENERGY- PLATTEVILLE, page 4
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.
(Department of Building Inspection, 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. (Department of Planning Services,Code Compliance, Department of
Building Inspection, Code Compliance)
O. 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
delineating on the USR Plat. (Department of Planning Services)
P. 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 items 1. noted 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
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(rD.co.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)
AmUSR-1038,DUKE ENERGY- PLATTEVILLE, page 5
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
r"• DEVELOPMENT STANDARDS
DUKE ENERGY- PLATTEVILLE PLANT
AMUSR-1038
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), 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 (Light 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 hand washing 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)
AmUSR-1038,DUKE ENERGY- PLATTEVILLE, page 6
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 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)
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)
n
AmUSR-1038,DUKE ENERGY- PLATTEVILLE, page 7
scoHit\Thisp
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100,AX (97 E04-6498
FAX (970) 30T.3540
98
1555 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
December 18, 2002
Duke Energy Field Services, Inc.
do Tim Clancy
Witwer, Oldenburg, Barry& Bedingfield LLP
822 7th Street Suite 760
Greeley, CO 80631
Subject: AmUSR-1038- 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 on a parcel of land described as part SE4 Section
8,T3N, R66W of the 6th P.M.,Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are being processed. I have scheduled a meeting
with the Weld County Planning Commission for February 18, 2003, at 1:30 p.m. This meeting will take place at the
Southwest Weld County Complex, 4209 WCR 24 Y2, Longmont, Colorado. It is recommended that you and/or a
representative be in attendance to answer any questions the Planning Commission members may have.
It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado
Revised Statute,C.R.S.24-65.5-103(adopted as part of H.B.01-1088)requires notification of all mineral estate owners
30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written
certification indicating the above requirements have been met.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property
or if the property is located within the comprehensive planning area of a town or municipality. Therefore,our office has
forwarded a copy of the submitted materials to the Dacono, Erie and Northglenn Planning Commission for their review
and comments. Please call Gilcrest at(970)737-2426 and Platteville at(970)785-2245 for further details regarding the
date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the
Gilcrest and Platteville Planning Commission meeting to answer any questions the Commission members may have with
respect to your application.
A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the
hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing
time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign
will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway
(access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County
Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It
is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission
hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
N L
Kim Ogle,
Planner
BOARD OF COUNTY COMMISSIONERS' SIGN.POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS: on-Lav , tpZDOt THE SIGN SHALL 6E
POSTED ADJACENTTO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE
EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A
PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT MENT OF PLANNING SERVICES SHALL
POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN
AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED
ROAD RIGHT-OF-WAY.
1 HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE
x__11 PROPERTY AT LEAST 10 DAYS BEFORE THE BOARD OF COUNTY COMMISSIONER'S HEARING FOR
USR-(On , THE SIGN WAS POSTED BY:
NAME OF PERSON POSTING SIGN
•
•
S GNA T URE FOR RSON POSTING SIGN
•
•
STATE OF COLORADO)
)ss.
COUNTY OF WELD )
•
•
SUBSCRIBED AND SWORN TO ME THIS] . ) DAY OF
• Vairkatlia
NOTARY PUBLIC
MY COMMISSION EXPIRES:
)//1 �
•
.1, THIS FORM SHALL BE PLACED IN THE APPROPRIATE FILE FOR THE ABOVE CASE.
FIELD CHECK inspection date: January 28, 2003
CASE NO: AmUSR-1038
APPLICANT: Duke Energy
LEGAL: Part SE4 Section 8, Township 3 North, Range 66 West of the 6th PM, Weld
County, CO
LOCATION: North of and adjacent to CR 34; approximately 0.25 miles West of WCR 29
Zoning Land Use
N A (Agricultural) N Prairie
E A (Agricultural) E Prairie
S A (Agricultural) S Prairie
W A (Agricultural) W Prairie, Town of Platteville diagonally one mile SE
COMMENTS:
• CR 34 and CR 29 are two lane all weather roads. Utility service is via overhead lines at
the site.
• The facility is enclosed in a cyclone fenced area with man-doors and vehicle access
points. Access is predominately from the south off of CR 34. The facility is lighted and
recently underwent an upgrade 13 months ago. Eight compressor units are on site with
all units enclosed within a overhead canopy. Support structures and equipment are
concentrated in an area closer to the east side of the property. Room for expansion is
to the west and north
• No residences were visually identified within a one mile radius.
Site visit was preformed with Char Davis, Health Department
Kim gle,1 lanner III
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