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HomeMy WebLinkAboutNEW BELGIUM BREWERY, PROCESS WATER FACILITY - PDP - 1-95D - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSComment: (neighbor) New Belgium has been a good neighbor and have any safety concerns have been addressed. Comment: (neighbor) I had a great deal of frustration with the Planning and Zoning Board. A petition was circulated around the neighborhood and there were 65 signatures of residents who were opposed to the ODP approval yet it was approved unanimously. Comment: (neighbor) Neighbors who have been there for years are getting tired of city making promises that are hollow and not followed through. Comment: (neighbor) I'm not necessarily against this, but I feel the need to play devil's advocate. I'm frustrated that not more alternatives to this water treatment facility were explored. I'm also frustrated that the petition with 65 opposing signatures was ignored by the P&Z Board. I just want to be sure that this is done carefully. Comment: (Ron from PFA) If we identify specific problems, we can pin down solutions. Smell is a very subjective issue. The proposed facility is a pretty "whiz-bang" solution for a process that is usually pretty stinky. 4 A: (from applicant): The lagoons are raised above the 500 year flood plane. If a huge flood greater than a 500 year event rolls through and washes the contents of the pond away, the outdoor ponds don't hold chemicals, so there is no danger to humans. The chemicals are indoors. A: (from Marsha Hilmes-Robinson) The flood waters of the 1904 flood were around 3.5 to 4 feet above the ground. This berm is 5 to 7 feet above that level. By elevating the ponds as proposed, the applicants are going way beyond the mitigation requirement for the 500 year flood plane. Q: (from neighbor) What gases will be produced? A: (from applicant) Hydrogen sulphide.. Q: (neighbor) Has the City's Wastewater Department reviewed the project? A: (applicant) The development application has been through 2 rounds of review by all city departments involved in development reveiew. The Water/Wastewater Department identified concerns, we requested changes here and there. The proposal has been revised accordingly. The main focus of their review has been the details of integrating this system with the city's sewer system. Q: (neighbor) What is the cost of the project? A: (CEO of New Belgium) Will think about if she wants to release this info. She may decide to make the info public, but she want's to give it some thought. Q: (neighbor) What classification of operator? A: (applicant) B-licensed operator. Comment: (neighbor) I have a level of comfort now that I have heard from Ron with the Fire Department and have been assured that the he has undertaken a painstaking review of the safety systems. Comment: (Ron with PFA) All systems will be thoroughly tested to ensure they are functional. There are many Fire Code requirements. Q: (neighbor) Are there periodic inspections? A: (Ron with PFA) We inspect every business in town annually already anyway. The whole system will be inspected. Inspections are public record, done without appointments. Insurance companies frequently request inspection records, so typically there is a high motivation for compliance. has the authority to delegate staff to issue a ticket to the violator. Once a ticket has been issued, the issue is scheduled for municipal court. A judge will determine if there will be a penalty. Q: (from neighbor) Has there been any discussion of New Belgium expanding the existing Fort Collins wastewater plant rather than to put this treatment facility here on the New Belgium site? Why can't the Fort Collins plant just be upgraded? A: (from staff) Not sure ... will follow-up. Follow-up: (from Roger Buffington with the Water/Wastewater Department) The Fort Collins wastewater facility could handle the waste if necessary. The water from New Belgium is a huge quantity of water of the type that needs quite a bit of treatment, therefore the using the city's facility places a huge burden on the city's system. The applicant is proposing the facility as a solution to keep water treatment costs under their own control and minimize the impacts to the city's system. Q: (from neighbor) How safe is the plat regarding seepage or other unsafe accidents? A: (from applicant) All ponds have a state of the are metal lining with pressurized welds, not concrete, so they have a longer life span (60 years). Q: (from neighbor) Any solids produced? A: (from applicant) Yes, sludge is contained inside. The odorous air from the sludge is pumped back through the ponds. Solids are taken off the, site. Brewery waste doesn't have any human or animal waste, so it works great for fertilizer. Q: (from neighbor) Where are there any other plants like this. A: (from applicant) There are no plants like this in the U.S., there are others like this in Europe and Asia. This is a fairly new technology. This plant type doesn't stink. Q: (from neighbor): Hypothetically, what impact will there be if it does leak? A: (from Ron Gonzales with Poudre Fire Authority): Each tank that stores hazardous chemicals is housed in a containment vault that will hold the entire contents of the tank plus 20 minutes of sprinkler flow. This containment box design is an industry standard that includes 16 engineered systems for various safety previsions, and is also designed to withstand an earthquake. Poudre Fire Authority is very thorough with the up -front review if this proposal and will inspect to see that all 16 systems of the containment box are installed and operating correctly. PFA will do random inspections of the brewery (as well as all commercial buildings) at least once a year. Q: (from neighbor): What are the flood area issues? N City of Fort Collins Commu_ .y Planning and Environmental ,.-evices Current Planning Neighborhood Meeting for the Process Water Treatment Facility for New Belgium Brewery held on July 10, 2001 from 6:30 p.m. to 8:30 p.m. at the Streets Facility Q: (from neighbor) The applicant speaks to the design of the new wastewater treatment facility and how it will not have odors associated with it, but what about the current odor problem (strong barley smell) that is already impacting the neighbors with the existing brewery? What will expansion of the brewery do? Will a larger brewery mean more and stronger smells? We want to be sure the smells don't get worse. A: (from applicants) As part of the expansion phase of the brewery (a year or more down the road), the silos that store malt and barley will be moved away from the south side of the building to the north side. Currently the malt and barley are blown into the silos which causes a lot of outdoor dust. The new silos on the north side of the building will be loaded indoors. New Belgium is committed to trying to find a solution to the odor problems, and would like to work with the neighbors at trying to identify exactly what the smells are that are bothering the neighbors. Depending on the cause of the various odors, some remidies may be quick and easy fixes, and some may take more effort to solve. Let's quantify and qualify what the smell is so we can address it. Response: (from neighbor) Maybe we can start a neigborhood smell log documenting when neighborhood residents smell odors and explain the odor. Q: (from neighbor) What if the new treatment plant is built and it smells? A: (from staff) Not sure how City enforces ... will follow-up. Follow-up: (from Deputy City Attorney) Section 20-1 in the City Code is titled "Air pollution nuisances prohibited," and it states the following: "The emission or escape into the open air from any source or sources of smoke, ashes, dust, dirt, grime, acids, fumes, gasses, vapors, odors or any other substances or combination of substances in such manner or in such amounts as to endanger the health, comfort, safety or welfare of the public or to cause unreasonable injury or damage to property or to interfere with the comfortable enjoyment of property or normal conduct of business is hereby found and declared to be a public nuisance. It is unlawful for any person to cause, permit or maintain any such public nuisance within the city." If a neighbor feels that a business is in violation of this section of the City Code, they can contact the city manager and the he 281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020 r vi. No known variances to the LUC are being requested for this submittal. vii. There are no wetlands or natural areas on site. viii. 1. The Process Water Facility will comply with all requirements of the 500 yr Floodplain. 2. The will not be any significant truck traffic increase with this Facility. There will be one truck per week servicing the facility and it will arrive via Linden St. on the north side of the site. 3. With future expansion of the brewery semi trailers for storage will be eliminated. 4. The Process Water Facility is scheduled for completion by the end of the year 5. The methane will be captured and reused. This is a perfectly safe process and will not cause odors 6. The process is anaerobic, thus not requiring oxygen. Microbes are brought into the ponds; they feed on the organic matter within the water, which cleanses it. This process produces methane as a byproduct, which will be reused for conducting electricity, and allows the water to be reused for irrigation, steam generation, cleaning processes, or coolant systems. 7. The chemicals will be stored in 2, 1000gal tanks, and will have secondary containment in the case of a tank leak. 8. No. 9. A signal will be installed when warranted by traffic volume. 10. The lime will probably be buried under the proposed facility, and a fugitive dust permit will be obtained prior to disturbance. 11. Yes, there will be a significant amount of coniferous trees bordering the Treatment Facility. 12. In the future, with more expansion a CO2 capture system will be built to capture the CO2, thus reducing odors from the brewing process. ix. New Belgium Brewing Company, Process water treatment facility. Statement of Planning Objectives: i. LU. 3.1-The Process Water Facility lies within an Industrial District as defined on the city structure plan and proposes uses compatible with this district T. 1.6-A traffic study has been prepared as part of ODP submittal to illustrate impacts on traffic operations. The city's adopted level of service standards will be met for automobiles, bicycles, pedestrians, and transit. ENV. 1.1-with the development of the process water facility brewery emissions will be significantly reduced. ENV. 1.23-The process water facility will collect and reuse methane gas for electricity and reduce CO2 emissions. ENV. 2.1-The Process Water Facility will comply with all regulations for the storage and use of hazardous chemicals. ENV. 2.2-New Belgium Brewery strives to recycle anything and everything they can throughout the brewing process. ENV. 3.3-TheProcess Water Facility will allow New Belgium to cleanse and reuse brewing process water through landscape irrigation, steam generation, cleaning processes, and coolant systems for the brewery. This will significantly reduce the amount of water required from the city. ENV. 4.1-The New Belgium Brewery uses wind power for all of their power needs. ENV. 7.4 The Process Water Facility will comply with all floodplain requirements. GM. 5.1-The Process Water Facility is located where it is to make use of an existing sewer line and reduce impacts on the Buckingham Neighborhood. GM. 10.1-New Belgium will work strongly with residents of the surrounding community to positively influence the adjacent neighborhoods. ii. The Process Water Facility PDP area exists on lot one of the New Belgium Property. It is surrounded by undeveloped land to the immediate West, South, and East. The city streets facility exists to the North. All of the adjacent undeveloped land is currently owned by New Belgium and consists of fill material and previously grazed areas. Beyond the undeveloped land to the east is the Andersonville Neighborhood, and South of the undeveloped land the Buckingham Neighborhood exists. The ponds of the facility will be buffered from the surrounding areas with large berms and coniferous vegetation. iii. The property will be owned and maintained by New Belgium Brewing Co. iv. One person per day. V. New Belgium Brewing Co. has been a very successful, growing business. Their increase in size and production has had a significant impact on the city's wastewater treatment facility. With this new facility they will be able to accommodate all of their process brewing water both now and in the future. With the new Process Water Facility they will be able to recycle their water and reduce and reuse gases. The will reduce New Belgium's reliance on the city, sewer, water and electricity. New Belgium Corporation: Property Owners: New Belgium Brewing Company, Inc. 500 Linden Fort Collins, CO 80524 Buckeye Limited Liability Company 447 Whitetail Lane Grand Junction, CO 81503 General and Limited Partners New Belgium Brewing Company, Inc. 500 Linden Fort Collins, CO 80524 Officers: Kim Jordan, CEO; Jennifer Vervier Orgolini, CFO Directors: Kim Jordan, President; Jennifer Vervier Orgolini, Secretary/Treasurer; Jeff Lebesch, Greg Owsley, Peter Bouckaert, Nate Turner, Birgit Halbreiter. Fr I . , %1' RECOMMENDATION: Staff recommends approval of New Belgium Brewery Expansion, Process Water Facility, P.D.P., #1-95D. C. Site Lighting Security lighting will be down directional. All lighting is internal to the property. There will be no illumination cast beyond the property line. D. Required Improvements Prior to Issuance of Certificate of Occupancy There is approximately 2,596 feet of frontage along Buckingham Street which is presently not improved to the collector street standard. Since the Treatment Facility will generate no new employees and is closed to the public, the required public improvements along Buckingham will be phased in over a time frame not to exceed five years. Presently, the existing sidewalk on the north side of Buckingham Street terminates at the eastern edge of the existing brewery, near the intersection with First Street. There is approximately 1,583 feet of street frontage to the eastern property line of Treatment Facility. The sidewalk will be constructed along this distance in phases. Phase One will be constructed no later than June 30, 2002. Phase Two will be constructed no later than June 30, 2006. In any event, a subsequent P.D.P. along Buckingham would trigger sidewalk improvements in conjunction with any new development if it occurs prior to these deadlines. Funds needed to widen of the north half of Buckingham Street will be escrowed in accordance with Section 3.3(E) and codified in a Development Agreement. E. Emergency Access There will be two points of access, one from Buckingham Street and one from Linden Street. In addition, the building containing the chemical storage tanks will be equipped with an automatic fire extinguishing systm. 5. Findings of Fact/Conclusion: In evaluating the request for New Belgium Brewery Expansion, Process Water Facility, P.D.P., Staff makes the following findings of fact: A. The proposed land use is in compliance with the approved Overall Development Plan. B. The proposed land use is considered light industrial and is permitted in the Industrial zone district as an administrative review. C. The P.D.P. satisfies the Development Standards of the Industrial zone district. D. The P.D.P. complies with the applicable General Development Standards. Section 4.23(E)(3)(b)(1) requires that: "Storage, loading and work operations shall be screened from view along all district boundary lines along all public streets. " As mentioned, Buckingham Street represents a district boundary line along a public street for Lot One. The storage, loading and work operations for the Treatment Facility are located on the northern portion of the site, not along Buckingham Street. For Lot Two, a future P.D.P. will be required as this tract is only being platted, not developed, at this time. 4. Compliance with Applicable General Development Standards: A. Landscaping and Tree Protection The primary purpose of the landscape plan is to screen the open ponds from Buckingham Street by use of earthen berms and evergreen trees. Existing trees on the western portion of Lot One will remain undisturbed. Street trees along Buckingham will be planted in the future at the time the street is widened and sidewalk installed. Section 3.2.1(E)(1) requires that: "Buffering Between Incompatible Uses and Activities. In situations where the Director determines that the arrangement of uses or design of buildings does not adequately mitigate conflicts reasonably anticipated to exist between dissimilar uses or building designs, one (1) or more of the following landscape buffering techniques shall be used to mitigate the conflicts. As mentioned, there is 570 feet on the western portion of Lot One that is adjacent to the R-L zone. Even thought the proposed development is west of this adjacency, the berms and landscaping are designed and oriented to buffer the residential area. The berms achieve a height of ten feet which is higher than the water surface, elevation of the ponds. The evergreen trees will be planted on the berms. This buffering will mitigate any potential conflicts between the Treatment Facility and the neighborhood. There are three existing trees that will be removed as a result of this P.D.P. As mitigation, four 3-inch caliper shade trees will be planted as per the recommendation of the City Forester. B. Access, Circulation and Parking The Treatment Facility will require the attention of one or two employees on a daily basis. For this reason, there is no new circulation system for vehicles, bicycles, pedestrians or transit. Access to the site will be via internal service roads that are not available to the public. In fact, these service roads will be gated for security purposes. 3. Compliance with the Industrial Zone District: A. Land Use The proposed land use, a treatment facility for water used in the brewing process, is considered to be "light industrial" which is a permitted use subject to administrative review. B. Development Standards Section 4.23(E)(3)(a)(1) requires that: "Industrial and commercial activities shall not be located adjacent to a residential area unless the activities and related storage are contained within a building or otherwise completely screened from view of the residential area. " Lot One is 1,583 feet in length along Buckingham Street. Only the westerly 570 feet are adjacent to the Buckingham neighborhood zoned R-L, Low Density Residential. There is no development within this 570 feet. In fact, the western edge of the proposed development is an additional 320 feet east of the R-L zone district boundary line. ' Even though there is no land development directly adjacent to the R-L zone, the P.D.P. provides for landscape berms that achieve an overall height of ten feet between Buckingham Street and the Treatment Facility. The landscaping consists of clusters of evergreen trees to provide year-round screening. This combination of separation, earthen berming and landscaping sufficiently screens the Treatment Facility from the R-L zone. Section 4.23(E)(3)(a)(3) requires that: "A minimum eightyfoot deep landscaped yard shall be provided along any boundary line that adjoins a residential land use or a zone district (whether within or beyond the city's jurisdictional boundary) that is predominately characterized by residential uses as permitted uses. This residential buffer yard may be reduced to thirty (30) feet if the adjoining residential land use or zone district (whether within or beyond the city's jurisdictional boundary) is separated by a public street. Buckingham Street represents the zone district boundary line between the Industrial and Low Density Residential zones. As mentioned, there is 570 feet on the western portion of Lot One that abuts this zone district boundary line. In the area of this 570 feet, there is no land development. Therefore, the requirement for an 80-foot deep landscaped yard is satisfied. COMMENTS: Background: The surrounding zoning and land uses are as follows: N: I; Outside Storage and Vacant (City of Fort Collins Streets Facility) S: T; Vacant (Poudre Development "Oxbow" Parcel) S: R-L; Existing Single Family (Buckingham) S: I; Industrial (Phelps-Tointon Millwork and Vanworks) E: R-L; Existing Single Family (Andersonville) W: E; Existing Employment Park and Nightclub The following approvals have been granted to New Belgium Brewery: 1.) Initially approved as an I-P Site Plan Review in March of 1995 on 4.54 acres. 2.) A Major Amendment to allow 16 fermentation tanks up to a height of 50 feet was approved in July of 1997. 3.) A Minor Amendment to allow construction of a 4,000 square foot central utility plant was approved in September of 1997. 4.) A Project Development Plan for brewery, office, warehouse and parking expansion on an additional 2.63 acres was approved in October of 1997. 5.) Six Minor Amendments have been approved between October of 1998 and February of 2000. 6.) An Overall Development Plan on the entire 49 acre site was approved on June 21, 2001. At this time, the current brewery operations consist of approximately 125,000 square feet and takes up 7.17 acres located at the western edge of the property. The balance of the property, which is the subject of this P.D.P., remains vacant. 2. Compliance with Overall Development Plan: The O.D.P. designated a 6.99 acre parcel as "Process Treatment Facility" in the same location as indicated on the P.D.P. The P.D.P., therefore, is in compliance with the O.D.P. STAFF REPORT PROJECT: New Belgium Brewery Expansion — Process Water Facility, P.D.P., #1-95D APPLICANT: New Belgium Brewery C/o BHA Design 4847 Innovation Drive Fort Collins, CO 80525 OWNER: New Belgium Brewery 500 Linden Street Fort Collins, CO 80524 PROJECT DESCRIPTION: This is a request for a Process Water Treatment Facility, consisting of a series of ponds and a small building, for the purpose of treating water that has been used in the brewing process. There would be chemical storage within the proposed building. The site is 42 acres in size divided between two lots. The Treatment Facility would be on Lot One. Lot Two would remain undeveloped at this time subject to a future P.D.P. The site is located on the north side of Buckingham Street between the existing brewery on the west and Lemay Avenue on the east. The parcel is bounded by the City of Fort Collins Streets Facility on the north. The site is zoned, I, Industrial. RECOMMENDATION: Approval EXECUTIVE SUMMARY: The proposed land use is considered light industrial and complies with the approved Overall Development Plan and is a permitted use in the Industrial zone district. The P.D.P. complies with Development Standards of the Industrial zone. The P.D.P. also complies with the applicable General Development Standards. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750 PLANNING DEPARTMENT