HomeMy WebLinkAbout20132314.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola, 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: USR13-0026
APPLICANT: DCP MIDSTREAM LP
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND FIFTH AMENDED SPECIAL
REVIEW PERMIT (4th AmUSR-552) FOR A MINERAL RESOURCE
DEVELOPMENT FACILITY, FOR OIL AND GAS SUPPORT AND SERVICE,
INCLUDING, A NATURAL GAS PROCESSING FACILITY, RELATED GAS PLANT
EQUIPMENT AND STRUCTURES, AND A COMMUNICATIONS TOWER UP TO
100 FEET IN HEIGHT IN THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION: SUBX13-0010 BEING PART SE4 SECTION 28, T6N, R65W OF THE 6TH P.M.,
WELD COUNTY, COLORADO AND A STRIP 150' WIDE ALONG SOUTH SIDE OF
E2NE4 SECTION 28, T6N, R65W BEING 75' WIDE ON EACH SIDE OF
CENTERLINE ABANDON MAIN TRACK GREELEY BRANCH OF UPRR
LOCATION: WEST OF AND ADJACENT TO CR 43; NORTH OF AND ADJACENT TO CR 64;
APPROXIMATELY 0.5 SOUTH OF CR 66.
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 "Promote the reasonable and orderly exploration
and development of oil and gas mineral resources;" and
Section 22-2-80 D. I.Goal 4. of the Weld County Code states: "All new industrial
development should pay its own way." The applicant, DCP Midstream, LP, will be paying
for all on -site and offsite improvements associated with this use as required through the
improvements agreement;" and
Section 22-6-20.C.1. ECON.Policy 3.1. County activities and regulation should protect the
rights of private property owners and the public health, safety and welfare, recognizing that
these basic rights and protections allow the free market to prosper and grow the local
economy;" and
DCP is a business that is in the midstream segment of the natural gas industry. As part of its
business, DCP Midstream, LP gathers natural gas from wellheads, performs gas processing,
and transmits final products to customers via pipelines. In Weld County, DCP operates an
extensive network of gathering pipelines as well as seven gas processing plants. The DJ
Basin area has recently seen rapid expansion as new drilling technologies are allowing more
oil and gas to be produced. As a result, gas gathering and processing capacity needs to be
expanded in order to meet the growing production. To meets these needs, DCP is proposing
to expand its existing Lucerne Gas Processing plant, which will include the construction of a
new on -site transformer component to facilitate the required electricity to operate the
expansion as well as meeting the State air regulations. This proposal has been reviewed by
aoo- da4
RESOLUTION USR13-0026
DCP MIDSTREAM LP
PAGE 2
the appropriate referral agencies and it has been determined that the attached Conditions of
Approval (Noise limits and the requirement that the applicant submit a Lighting Plan) 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, and will
address and mitigate impacts on the surrounding area due to the expansion of this facility.
B. Section 23-2-220.A.2 -- Section 23-2-220.A.2 -- The proposed use is consistent with the
intent of the A (Agricultural) Zone District. Citing Section 23-3-40.A.2 that provides for a Site
Specific Development Plan and a Fifth Amended Special Review Permit of USR-552 for
Mineral Resource Development, Oil and Gas Support and Service, including natural gas
processing facilities, related equipment and structures, and Section 23-3-40.A.2 provides for
one (1) greater than seventy-foot in height, 100 foot in height communications tower 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 slopes slightly northwest to southeast. Land to the
north is in production agriculture and the eastern half of the southeast quarter has a USR for
a beet storage facility permitted by USR-1654; to the east, south and west are lands in
irrigated production agriculture. In the immediate area, there are six residences, including
one residence located on the property, with the nearest residence located approximately
1300 feet north of the existing facility. There are ten (10) property owners and 23 parcels
within five hundred feet of this proposed 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 site is within the three mile referral area for the City of Greeley who
indicated in their referral dated May 24, 2013, that the site is within the City of Greeley's
Long Range Expected Growth Area (LREGA). The LREGA is the area within which the
City is expected to grow over the next 20+ years and a full range of municipal services will
be available. This site is also located within the City of Greeley's Industrial Land Use
Guidance area. This area is generally characterized by lands containing shallow sloping
land proximate to heavy utilities and heavy transportation (such as US 85, or rail
infrastructure). The proposed DCP facility will be compatible with the anticipated uses within
the area. The City is recommending site landscaping adjacent to County Road 43 and further
indicates that the property is subject to a Water Service Agreement between North Weld
County Water District (NWCWD) and the City of Greeley, however, at this time the City is
amenable to allowing the installation of the new fire hydrant, and in the future will review
requests for water per the water services agreement between NWCWD and the City. The
applicant is proposing separation of use with an agricultural crop buffer.
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 Program.
Building Permits issued on the proposed lots, will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Programs. (Ordinance 2011-2)
RESOLUTION USR13-0026
DCP MIDSTREAM LP
PAGE 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 existing DCP Natural
Gas Processing Facility is sited on multiple parcels of approximately 9.947 acres. The
current infrastructure, including pipelines and above and below grade improvements provide
for opportunity to expand the current facility at this location with the acquisition of adjoining
lands. The proposed expansion to the existing facility in review here and future expansion
will be located on an eighty (80) acre parcel adjacent to the current site. The existing and
proposed facility are sited on lands that are designated "Prime" on the Important Farmlands
of Weld County map dated 1979. The existing improvements and proposed expansion will
encumber approximately 50 acres of the parcel with the remaining lands available for
agricultural production.
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 recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR13-0026 (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
4. The applicant shall delineate the trash collection areas. Section 23-2-260.C.11 and
Section 23-3-350.A.6 of the Weld County Code address the issue of trash collection
areas. Areas used for storage or trash collection shall be screened from adjacent
public rights -of -way and adjacent properties. These areas shall be designed and
used in a manner that will prevent wind or animal scattered trash. (Department of
Planning Services)
5. County Road 43 is designated on the Weld County Road Classification Plan as a
collector roadway, which requires 80 feet of right-of-way at full build out. The
applicant shall verify the existing 60 feet of right-of-way and the documents creating
the right-of-way and this information shall be noted on the plat. All setbacks shall be
measured from the edge of future right-of-way. If the existing right-of-way cannot be
verified, it shall be dedicated. This road is maintained by Weld County. (Department
of Public Works)
RESOLUTION USR13-0026
DCP MIDSTREAM LP
PAGE 4
6. County Road 64 is designated on the Weld County Road Classificafon Plan as an
arterial roadway, which requires 140 feet of right-of-way at full build out. The
applicant shall verify the existing 60 feet of right-of-way and the documents creating
the right-of-way and this information shall be noted on the plat. All setbacks shall be
measured from the edge of future right-of-way. If the existing right-of-way cannot be
verified, it shall be dedicated. This road is maintained by Weld County. (Department
of Public Works)
7. Show the approved accesses on the Plat and label with the approved access permit
number (AP12-00325). (Department of Public Works)
8. The approved Lighting Plan for the Facility. (Department of Planning Services)
B. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and
Emissions Permit application from the Air Pollution Control Division, Colorado Department of
Health and Environment to Environmental Health Services Division of the Weld County
Department of Public Health & Environment. Alternately, the applicant can provide evidence
from the APCD that they are not subject to these requirements. (Department of Public Health
and Environment)
C. An accepted Final Drainage Report stamped and signed by a Professional Engineer
registered in the State of Colorado is required. (Department of Public Works)
D. An Improvements and Road Maintenance Agreement is required for this site. Road
maintenance including dust control and damage repairs during construction will be required.
(Department of Public Works)
E. The applicant shall submit a design to prevent the tracking of mud and debris from the facility
onto the County roadway. (Department of Public Works)
F. The applicant shall submit a written request to vacate SUP -172 approved in 1972 for a
feedlot located on lands associated with this permit. (Department of planning Services)
G. The applicant may submit a Landscape Plan in an attempt to address the concerns of the
City of Greeley referral dated May 24, 2013, (City of Greeley)
H. The applicant shall submit a Lighting Plan for the facility. (Department of Planning Services)
2. Prior to Construction
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to
the start of construction. (Department of Public Works)
3. Prior to issuance of a Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed facility and shall be
installed according to the Weld County Individual Sewage Disposal Regulations. The septic
system is required to be designed by a Colorado Registered Professional Engineer according
to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health
and Environment)
RESOLUTION USR13-0026
DCP MIDSTREAM LP
PAGE 5
4. One month prior to operation:
A. A signed copy of the Spill Prevention, Control and Countermeasure Plan shal be provided to
Environmental Health Services Division of the Weld County Department of Public Health &
Environment. (Department of Public Health and Environment)
B. The applicant shall develop an Emergency Action and Safety Plan with the Office of
Emergency Management and the Fire District. The plan shall be reviewed on an annual basis
by the Facility operator, the Fire District and the Weld County Office of Emergency
Management. Submit evidence of acceptance to the Department of Planning Services.
(Department of Planning Services)
5. Upon completion of Condition of Approval No.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 one hundred twenty (120)
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)
6. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
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
filemaybesenttomaps@co.weld.co.us. (Department of Planning Services)
7. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not
be recorded within the required one hundred twenty (120) days from the date of the Board of County
Commissioners resolution a $50.00 recording continuance charge shall be added for each additional
3 month period. (Department of Planning Services)
8. 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)
Motion seconded by Benjamin Hansford.
VOTE:
For Passage
Benjamin Hansford
Bruce Sparrow
Michael Wailes
Jason Maxey
Joyce Smock
Jordan Jemiola
Against Passage Absent
Bret Elliott
Mark Lawley
Nick Berryman
RESOLUTION USR13-0026
DCP MIDSTREAM LP
PAGE 6
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, Kristine Ranslem, 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 August 6, 2013.
Dated the 6th of August, 2013.
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DCP Midstream, LP Lucerne Natural Gas Processing Facility
USR13-0026
1. The Site Specific Development Plan and a Fifth Amended Special Review Permit, USR13-0026, for
Mineral Resource Development, Oil and Gas Support and Service, including natural gas processing
facilities, related equipment and structures, and one (1) greater than seventy-foot, 100 foot in height
communications tower in the A (Agricultural) Zone District, 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., as amended) 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. The applicant shall operate in accordance
with the approved "waste handling plan", at all times.
6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved "dust abatement plan", at all times. (Department of Public
Health and Environment)
7. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. (Department of Public Health and Environment)
8. Sewage disposal for the facility shall be by septic system. Any septic system 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)
9. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
10. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile
organic compounds (VOC's). All chemicals must be stored secure, on an impervious surface, and in
accordance with manufacturer's recommendations. (Department of Public Health and Environment)
11. The Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times.
(Department of Public Health and Environment)
12. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
13. Building permits may be required for any new construction, alteration, or addition to any buildings or
structures on the property, per Section 29-3-10 of the Weld County Code Oil and Gas Support and
Service Facility and associated buildings and equipment. (Department of Building inspection)
RESOLUTION USR13-0026
DCP MIDSTREAM LP
PAGE 8
14. Buildings, equipment and structures shall conform to the requirements of the various codes adopted
at the time of permit application. Currently the following has been adopted by Weld County: 2012
International Building Code; 2012 International Mechanical Code; 2012 International Plumbing Code:
2012 International Energy Code; 2006 International Fuel Gas Code; 2011 National Electrical Code;
2009 ANSI 117.1 Accessibility Code the 2012 International Plumbing Code, and Chapter 29 of the
Weld County Code. (Department of Building inspection)
15. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the
property or become established as a result of the proposed development, the applicant/landowner
shall be responsible for controlling the noxious weeds. (Department of Public Works)
16. The historical flow patterns and run-off amounts will be maintained on site. (Department of Public
Works)
17. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
18. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
Weld County Road Impact Program. (Ordinance 2011-2) (Department of Planning)
19. Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the
County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2) (Department of Planning)
20. The facility will operate 24 hours per day 365 days per year. (Department of Planning Services)
21. The facility will comply with the approved Lighting Plan and Section 23-3-250.D.1 Lighting Standards
of the Weld County Code. (Department of Planning Services)
22. 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)
23. 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)
24. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before January 15m March 1St of any given year signed by representatives for the
Fire District and the Weld County Office of Emergency Management to the Department of Planning
Services. (Department of Planning Services)
25. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment 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 Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
26. 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)
RESOLUTION USR13-0026
DCP MIDSTREAM LP
PAGE 9
27. 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)
28. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state
and county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
PC %nu/eo 7-160-13
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETIN
Tuesday, July 16, 2013
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Jason Maxey, at 1:30 pm.
Roll Call.
Present: Benjamin Hansford, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman,
Robert Grand.
Absent/Excused: Bret Elliott and Bill Hall.
Also Present: Kim Ogle and Chris Gathman, Department of Planning Services; Jennifer Petrik,
Department of Public Works; Lauren Light, Department of Health; Brad Yatabe, County Attorney, and Kris
Ranslem, Secretary.
Motion: Approve the July 2, 2013 Weld County Planning Commission minutes, Moved by Robert Grand,
Seconded by Benjamin Hansford. Motion passed unanimously.
CASE NUMBER: USR13-0025
APPLICANT: SLW RANCH COMPANY, C/O DCP MIDSTREAM LP
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITY FOR OIL
AND GAS SUPPORT AND SERVICE, INCLUDING OIL AND GAS
PROCESSING FACILITIES AND RELATED EQUIPMENT, FIVE (5)
COMPRESSORS ASSOCIATED WITH GAS PROCESSING OR WHICH
COMPRESS GAS TO ENTER A PIPELINE FOR TRANSPORT TO MARKET,
AND ONE (1) SEVENTY-FOOT IN HEIGHT COMMUNICATIONS TOWER IN
THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION: SUBX13-0013; PART OF SECTION 7, T5N, R63W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
LOCATION: 1 MILE SOUTH OF CR 62; 1 MILE EAST OF CR 59.
Kim Ogle, Planning Services, stated that staff is requesting a continuance to the August 6, 2013 Planning
Commission hearing to allow the applicant time to meet the mineral notice requirement.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Motion: Continue Case USR13-0025 to the August 6, 2013 Planning Commission hearing, Moved by
Benjamin Hansford, Seconded by Nick Berryman.
Yes: Benjamin Hansford, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman,
Robert Grand.
CASE NUMBER: USR13-0026
APPLICANT: DCP MIDSTREAM LP
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND FIFTH AMENDED SPECIAL
REVIEW PERMIT (4th AmUSR-552) FOR A MINERAL RESOURCE
DEVELOPMENT FACILITY, FOR OIL AND GAS SUPPORT AND SERVICE,
INCLUDING, A NATURAL GAS PROCESSING FACILITY, RELATED GAS
PLANT EQUIPMENT AND STRUCTURES, AND A COMMUNICATIONS
TOWER UP TO 100 FEET IN HEIGHT IN THE A (AGRICULTURAL) ZONE
DISTRICT
LEGAL DESCRIPTION: SUBX13-0010 BEING PART SE4 SECTION 28, T6N, R65W OF THE 6TH P.M.,
WELD COUNTY, COLORADO AND A STRIP 150' WIDE ALONG SOUTH SIDE
OF E2NE4 SECTION 28, T6N, R65W BEING 75' WIDE ON EACH SIDE OF
CENTERLINE ABANDON MAIN TRACK GREELEY BRANCH OF UPRR
LOCATION: WEST OF AND ADJACENT TO CR 43; NORTH OF AND ADJACENT TO CR
64; APPROXIMATELY 0.5 MILES SOUTH OF CR 66.
1
Fiq
Kim Ogle, Planning Services, stated that staff is requesting a continuance to the August 6, 2013 Planning
Commission hearing to allow the applicant time to meet the mineral notice requirement.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Motion: Continue Case USR13-0026 to the August 6, 2013 Planning Commission hearing, Moved by
Benjamin Hansford, Seconded by Nick Berryman.
Yes: Benjamin Hansford, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman,
Robert Grand.
CASE NUMBER: USR13-0023
APPLICANT: WHITE BEAR MANAGEMENT, LLC
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPEC AL REVIEW
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS, (PROPANE STORAGE), PROVIDED THAT
THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED
SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO
ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE
A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT C REC EXEMPT RE -4081; PART SW4 SECTION 21, T8N, R62W OF THE
6TH P.M., WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 77; APPROXIMATELY 500 FEET NORTH
OF STATE HIGHWAY 14.
Chris Gathman, Planning Services, presented Case USR13-0023, reading the recommendation and
comments into the record. Mr. Gathman stated that the applicants are proposing an office trailer, one
30,000 gallon propane tank along with two 10,000 gallon propane tanks with the provision to install one
additional 30,000 gallon propane tank in the future. The facility is not proposed to be manned by on site
employees on a full-time basis. Mr. Gathman noted that one letter was received from a surrounding
property owner citing concerns regarding safety and compatibility. Staff has attached a condition that the
applicants provide a screening plan to address screening of the tanks from adjacent residences. The
Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
Jennifer Petrik, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Commissioner Lawley asked what the applicant is proposing for drainage on site. Ms. Petrik said that a
water quality feature is required for the site. Mr. Lawley asked if it is an engineered system. Ms. Petrik
said that in this case the applicant chose to have it engineered but it is not required.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan. Ms. Light stated that the applicants met Condition of Approval
1.B and recommended that Condition of Approval 1.C be deleted since it does not apply to propane
tanks.
Motion: Delete Condition of Approval 1.C, Moved by Robert Grand, Seconded by Benjamin Hansford.
Motion passed unanimously.
Mickey Leyba-Farnsworth, Permontes Group, 625 Main Street, Longmont, Colorado, stated that the
applicant, Polar Gas Front Range, has purchased this property for the purpose of propane storage to
supply propane to the surrounding oil and gas operations as well as some additional customers. They
originally proposed one 30,000 gallon tank with an additional 30,000 gallon tank in the future; however
they are requesting the installation of two 30,000 gallon tanks initially. Ms. Farnsworth clarified that there
should be two 1,000 gallon storage tanks instead of two 10,000 gallon tanks. Ms. Farnsworth stated that
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the compressor stations previously approved for the Libsack, Sullivan and Burnhart locations. They
expect very little traffic impact at this site. There will be up to 5 compressors on site.
Mr. Groom said that there is a new Development Standard 20 and asked that it be amended to allow the
deadline for March 1st, rather than Jan. 15th of each year. Mr. Ogle stated that they had no issue with this
request.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Motion: Amend Condition of Approval 1.C; Motion by Benjamin Hansford, Seconded by Jordan Jemiola.
Motion passed unanimously
Motion: Amend Development Standard 20 to allow deadline to March 1st of each year: Motion by
Benjamin Hansford, Seconded by Joyce Smock. Motion passed unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR13-0025 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Jordan Jemiola, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Benjamin Hansford, Jason Maxey, Jordan Jemiola, Joyce Smock, Bruce Sparrow, Michael Wailes.
CASE NUMBER: USR13-0026
APPLICANT: DCP MIDSTREAM LP
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND FIFTH AMENDED SPECIAL
REVIEW PERMIT (4th AmUSR-552) FOR A MINERAL RESOURCE
DEVELOPMENT FACILITY, FOR OIL AND GAS SUPPORT AND SERVICE,
INCLUDING, A NATURAL GAS PROCESSING FACILITY, RELATED GAS
PLANT EQUIPMENT AND STRUCTURES, AND A COMMUNICATIONS
TOWER UP TO 100 FEET IN HEIGHT IN THE A (AGRICULTURAL) ZONE
DISTRICT
LEGAL DESCRIPTION: SUBX13-0010 BEING PART SE4 SECTION 28, T6N, R65W OF THE 6TH P.M.,
WELD COUNTY, COLORADO AND A STRIP 150' WIDE ALONG SOUTH SIDE
OF E2NE4 SECTION 28, T6N, R65W BEING 75' WIDE ON EACH SIDE OF
CENTERLINE ABANDON MAIN TRACK GREELEY BRANCH OF UPRR
LOCATION: WEST OF AND ADJACENT TO CR 43; NORTH OF AND ADJACENT TO CR
64; APPROXIMATELY 0.5 SOUTH OF CR 66.
Kim Ogle, Planning Services, presented Case USR13-0026, reading the recommendation and comments
into the record. The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards. Mr. Ogle stated that the applicant intends to
request an amendment to Development Standard 24 to change the deadline to March 1st of every year.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Heidi Hansen, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Patrick Groom, 822 7th Street, Suite 760, Greeley, Colorado, stated that he represents the applicant DCP
Midstream. This request is for an expansion to an existing processing plant. Because DCP acquired a
property buffer around the existing processing plant they were able to locate this expansion adjacent to
the existing plant. They felt that this expansion would be the least impact on surrounding property
owners. Mr. Groom emphasized that this is essentially a re -permit of the existing USR for the current site
and added that this request will combine both facilities under one (1) USR permit.
Commissioner Sparrow asked about the noise from the compressors. Mr. Groom said that there have
been significant improvements in the industry to mitigate sound. He added that DCP is subject to the
Colorado Oil and Gas Conservation Commission noise regulations and further added that fortunately
there is still a fair amount of buffer ground that will help mitigate some of those affects to the surrounding
property owners.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Dennis Hoshiko, 1811 38th Ave, Greeley, Colorado, stated that he is the President of Hoshiko Farms
which is located immediately south of the proposed site. He expressed concern over the drainage at the
intersection of County Road 43 and County Road 64. He added that all the runoff cones to that
intersection and then onto his property. He asked that this runoff be contained somehow so that it
doesn't inundate his property. Mr. Hoshiko also expressed concern on the amount of traffic at this
intersection as well. He added that this intersection will not accommodate the 4 axle trucks.
Ms. Hansen commented that the drainage requirements for the site are full detention with a release at the
5 year historic rate. She added that she is told the storm this past weekend is a 10 year storm so the
drainage would have been improved with that storm; however if the intersection and the ditches are
already flooding in storms smaller than the 5 year historic then this will not be improving t at situation.
With the proposed traffic, it does not warrant turn lanes for this intersection. However if there are
problems with the intersection then Public Works can review it and determine if improvements need to be
made.
Mr. Groom stated that they will not be having the 4 axle trucks and added that there is an Improvements
Agreement; therefore DCP will be responsible for paying their proportional share of any improvements to
that intersection. He added that the detention pond should help with Mr. Hoshiko's concern with drainage
since any runoff will be captured in this detention pond.
Commissioner Smock asked about the chemicals in the application and how will they ensure that these
chemicals will not drain onto Mr. Hoshiko's property. Mr. Groom said that those chemicals are captured
and contained in industry approved storage containers and then removed from site. Additionally, there
are spill prevention plans approved by the County that they will have in place.
Motion: Amend Development Standard 24 to allow for March 1st deadline; Motion by Benjamin Hansford,
Seconded by Joyce Smock. Motion passed unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR13-0026 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Jordan Jemiola, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Benjamin Hansford, Jason Maxey, Jordan Jemiola, Joyce Smock, Bruce Sparrow, Michael Wailes.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
USR13-0032
PUBLIC SERVICE COMPANY OF COLORADO
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR A MAJOR FACILITY OF A PUBLIC UTILITY (ONE 115 kV
TRANSMISSION EXTENDING APPROXIMATELY 2.5 MILES) IN THE A
(AGRICULTURAL), R-1 (LOW DENSITY RESIDENTAL) AND 1-3 (I VDUSTRIAL)
ZONE DISTRICTS
THE PREFERRED ROUTE COMMENCES AT THE MONFORT SUBSTATION
LOCATED IN THE NE4 OF SECTION 33, T6N, R65W AND HEADS TO THE
MIDDLE OF THE SE4 OF SECTION 33 THEN CONTINUES TT ALONG
THE S2 OF SECTION 33 AND TERMINATES AT THE LUCERNEGAS PLANT
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