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Home My WebLink About20030787.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Duke Energy Case Number AmUSR-941 Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X Department of Planning Services Field Check Form Planning Commissioner Fitzgerald 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 Erie, referral received 01-09-2003 Referrals with comments 5 Weld County Code Compliance, referral dated 12-20-2002 X 6 Weld County Sheriffs Office, referral dated 12-23-2002 X 7 City and County of Broomfield, referral received 01-07-2003 X 8 City of Dacono, referral received 01-13-2003 X 9 Weld County Department of Building Inspection, referral dated 01-20-2003 10 Weld County Department of Public Health and Environment, referral dated 01-21- X 2003 11 Weld County Department of Public Works, referral dated 01-27-2003 X 12 Surrounding Property Owners X 13 PC Exhibits X 14 15 I hereby certify that the 12 items identified herein were submitted t the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. 1. • .� Kim Ogl: + Plann r ll l EX,NIBIT n it[I—e.Iry' 2003-0787 ‘44tri LANDAPPLICATION SUMMARY SHEET COLORADO Case Hearing Date: February 18, 2003 Number: AmUSR-941 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), in the A(Agricultural)Zone District Legal Description: Part SW4 Section 30, Ti N, R67W of the 6th P.M., Weld County, Colorado Location: North of and adjacent to WCR 4; 1/4 mile West of WCR 15. Size of Parcel: 1+/-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 • City and County of Broomfield, referral dated 12-31-2002 • State of Colorado, Division of Wildlife, referral dated 1-2-2003 • Town of Erie, referral dated 1-9-2003 • City of Dacono, referral received 1-13-2003 • Weld County Department of Building Inspection, referral dated 1-20-2003 • Weld County Department of Public Health and Environment, referral dated 1-21-2003 • Weld County Department of Public Works, referral dated 1-27-2003 The Department of Planning Services' staff has not received responses from the following agencies: • State of Colorado, Oil &Gas Conservation Commission • Brighton Fire Protection District • City of Northglenn r M AmUSR-941,DUKE ENERGY,MARTHA SITE, page 1 .t ' SPECIAL REVIEW PERMIT Ott' 6 ADMINISTRATIVE REVIEW COLORADO Planner: Kim Ogle Case Hearing Date: February 18, 2003 Number: AmUSR-941 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), in the A(Agricultural)Zone District Legal Description: Part SW4 Section 30, Ti N, R67W of the 6th P.M.,Weld County, Colorado Location: North of and adjacent to WCR 4; 1/4 mile West of WCR 15. Size of Parcel: 1+/-acres Parcel Number: 1469 30 000044 r 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.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/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. AmUSR-941,DUKE ENERGY,MARTHA SITE, page 2 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. 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. 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 3. 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 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-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) r AmUSR-941,DUKE ENERGY,MARTHA SITE, page 3 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) 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) 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 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 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) AmUSR-941,DUKE ENERGY,MARTHA SITE, page 4 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 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. (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) n AmUSR-941,DUKE ENERGY,MARTHA SITE, page 5 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/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) AmUSR-941,DUKE ENERGY,MARTHA SITE, page 6 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) 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) AmUSR-941, DUKE ENERGY, MARTHA SITE, page 7 reit DEPARTMENT OF PLANNING SERVICES PHONE (970) 35 EXT.3540 FAX X (97(970) 304-6498 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 7'h Street Suite 760 Greeley, CO 80631 Subject: AmUSR-941- 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 SW4 Section 30,Ti N, R67W 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 '/2, 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 Dacono at(303)833-2317, Erie at (303)926-2700 and Northglenn at (303)450-8743 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 Dacono, Erie and Northglenn 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, Kim le Planner FIELD CHECK inspection date: January 28, 2003 CASE NO: AmUSR-941 APPLICANT: Duke Energy LEGAL: Part SW4 Section 30, Township 1 North, Range 67 West of the 6th PM, Weld County, CO LOCATION: North of and adjacent to CR 4; approximately 0.5 miles West of WCR 15 Zoning Land Use N A (Agricultural) N Agricultural lands E A (Agricultural) E Agricultural lands S A (Agricultural) S Agricultural lands W A (Agricultural) W Agricultural lands COMMENTS: • CR 13 and CR 4 are two lane all weather roads. Utility service is via overhead lines at the site. e • 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 4. The facility is lighted. One compressor units is on site with the unit enclosed in a fabricated metal shed. Support structures and equipment are concentrated in an area near the center of the one acre site Room for expansion appears to be limited. • The facility is sited in an area that is lower than the surrounding properties. Residences nearby are to the west adjacent to CR 13. The City of Northglenn is approximately 0.5 miles to the southwest. Site visit was preformed with Char Davis, Health Department Kim Ogle, anner III Hello