HomeMy WebLinkAbout20132301.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:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR13-0025
SLW RANCH COMPANY, C/O DCP MIDSTREAM LP
KIM OGLE
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
SUBX13-0013; PART OF SECTION 7, T5N, R63W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
1 MILE SOUTH OF CR 62; 1 MILE EAST OF CR 59.
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 22-5-100.B. (OG.Goal 2.) states "Ensure that the extraction of oil and gas resources
conserves the land and minimizes the impact on surrounding land and the existing
surrounding land uses;" 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."
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, the SLW Ranch compressor station necessitated by the need to move larger
volumes of gas due to the recent increases in drilling activity and projected additional
production increases anticipated by producers. Further, this need is based on new
technology for uncovering natural gas discoveries and the ability of the DJ Basin to expand
based on these new technologies. The proposed compressor will be sited on private
property leased to DCP Midstream, LP. This proposal has been reviewed by the
appropriate referral agencies and it has been determined that the attached Conditions of
aoi a3or
RESOLUTION USR13-0025
SLW RANCH COMPANY, C/O DCP MIDSTREAM LP
PAGE 2
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 construction of this facility.
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 Mineral Resource
Development, Oil and Gas Support and Service and Section 23-3-40.K allows one (1) or
more microwave, radio, television or other communication transmission or relay tower over
seventy (70) feet in height per Lot 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 generally flat with a slight slope to the southwest
toward Crow Creek. This land and surrounding lands in each direction are utilized as grazing
lands for livestock and are in native grasses with numerous oil and gas facilities, well heads
and tank batteries present in each direction. There are five (5) property owners on 9 parcels
within five hundred feet of this facility, and there are no residences in the immediate area and
staff has received no letters, telephone calls or electronic mail from interested parties.
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 not within a three mile referral area of a municipality.
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.
Building Permits issued on the proposed lots will be required to adhere to the fee structure of
the County -wide Road Impact Fee Program. (Ordinance 2011-2)
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)
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 proposed facility is
located on a 20 acre Subdivision Exemption lot (SUBX13-0013) utilizing approximately 12
acres for the compressor site. Ongoing agricultural production will continue on lands not
impacted by this proposed facility. The proposed facility is sited on lands that are without a
designation on the Important Farmlands of Weld County map dated 1979.
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:
RESOLUTION USR13-0025
SLW RANCH COMPANY, C/O DCP MIDSTREAM LP
PAGE 3
Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR13-0025 (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. County Road 61 is designated on the Weld County Road Classification Plan as a
local road, which requires 60 feet of right-of-way at full build out. The applicant shall
verify the existing 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 right-of-way cannot be verified, it shall be dedicated.
This road is maintained by Weld County. (Department of Public Works)
5. Show the approved accesses on the Plat and label with the approved access permit
number. (Department of Public Works)
The applicant shall provide an accepted water quality depression for this site. (Department of
Public Works)
C. An Improvements and Road Maintenance Agreement is required for this site during
construction. Road maintenance including dust control and damage repairs during
construction will be required (Department of Public Works)
D. 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)
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 Operation
A. A signed copy of the Spill Prevention, Control and Countermeasure Plan shall 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)
RESOLUTION USR13-0025
SLW RANCH COMPANY, C/O DCP MIDSTREAM LP
PAGE 4
4. Upon completion of Conditions 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)
5. 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
senttomaps@co.weld.co.us. (Department of Planning Services)
6. 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)
7 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
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
SLW Compressor Station
USR13-0025
1 The Site Specific Development Plan and a Special Review Permit, USR13-0025, for Mineral
Resource Development, Oil and Gas Support and Service, including oil and gas processing facilities
and related equipment, including, but not limited to, 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, 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. (Department of Public Health and
Environment)
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. As employees or contractors are on site for less than 2 consecutive hours a
day portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for
portable toilets shall be retained on a quarterly basis and available for review by the Weld County
Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner
licensed in Weld County and shall contain hand sanitizers. (Department of Public Health and
Environment)
8. 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)
9. The Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times.
(Department of Public Health and Environment)
10. 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)
11. Building permits may be required for the Oil and Gas Support and Service Facility and associated
buildings and equipment. (Department of Building Inspection)
RESOLUTION USR13-0025
SLW RANCH COMPANY. CIO DCP MIDSTREAM LP
PAGE 6
12. 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)
13. The historical flow patterns and run-off amounts will be maintained on site. (Department of Public
Works)
14. Should 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, pursuant
to Chapter 15, Articles I and II of the Weld County Code. (Department of Public Works)
15. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
County -wide Road Impact Fee Program. (Department of Planning)
16. 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. (Department of Planning)
17. The facility will operate 24 hours per day 365 days per year. (Department of Planning Services)
18. 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)
19. 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)
20. The property owner or operator shall Forovide written evidence of an approved Emergency Action and
Safety Plan on or before January' 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)
21. 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)
22. 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)
23. 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)
24. 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
RESOLUTION USR13-0025
SLW RANCH COMPANY, C/O DCP MIDSTREAM LP
PAGE 7
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.
PCIYZJV1LL/(O
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, July 16, 2013
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 0 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,
Robed Grand.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR13-0026
13-0026
DCP MIDSTREAM LP
KIM OGLE
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
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
WEST OF AND ADJACENT TO CR 43; NORTH OF AND ADJACENT TO CR
64; APPROXIMATELY 0.5 MILES SOUTH OF CR 66.
1
20/3 230/
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:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR13-0023
WHITE BEAR MANAGEMENT, LLC
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL 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.
LOT C REC EXEMPT RE -4081; PART SW4 SECTION 21, T8N, R62W OF THE
6TH P.M., WELD COUNTY, COLORADO.
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
2
Pc incncLks g.. (0 3
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, August 6, 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, Michael Wailes, and Bruce
Sparrow.
Absent/Excused: Bret Elliott, Mark Lawley, Nick Berryman,
Also Present: Kim Ogle, Department of Planning Services; Don Carroll and Heidi Hansen, Department of
Public Works; Lauren Light, Department of Health; Bob Choate, County Attorney, and Kris Ranslem,
Secretary.
Motion: Approve the July 16, 2013 Weld County Planning Commission minutes, Moved by Benjamin
Hansford, Seconded by Joyce Smock. Motion passed unanimously.
Election of Officers
Jordan Jemiola nominated Mark Lawley as Chair, seconded by Benjamin Hansford. Mr. Hansford said he
spoke to Mr. Lawley previously and he indicated that he would agree to serving as Chair.
Mr. Jemiola nominated Benjamin Hansford as Vice -Chair. Joyce Smock nominated Jason Maxey as
Vice -Chair, seconded by Benjamin Hansford. Mr. Hansford respectfully declined the nomination. Mr.
Maxey agreed to serving as Vice -Chair.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR13-0025
13-0025
SLW RANCH COMPANY, C/O DCP MIDSTREAM LP
KIM OGLE
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
SUBX13-0013; PART OF SECTION 7, T5N, R63W OF THE 6TH P.M., WELD
COUNTY. COLORADO.
1 MILE SOUTH OF CR 62; 1 MILE EAST OF CR 59.
Kim Ogle, Planning Services, presented Case USR13-0025, 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.
Heidi Hansen, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site. Ms. Hansen stated that the applicant intends to request an amended to Condition
of Approval 1.C to specify that an Improvements and Road Maintenance Agreement is required for this
site during construction. She added that staff has no concerns with this request.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Patrick Groom, 822 7th Street, Suite 760, Greeley, Colorado, stated that his business partner Mr. Stow
Witwer is the landowner of this site and has given a lot of consideration of the placement of this
compressor station and how it will be operated by DCP Midstream. DCP is trying to construct radio
communication towers at all of their compressor stations and processing plans to allow for remote
monitoring. This radio tower will be 70 feet in height. The proposed compressor station is comparable to
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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:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR13-0026
DCP MIDSTREAM LP
KIM OGLE
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
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
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.
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