HomeMy WebLinkAbout20130101RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR12-0070, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES,
INCLUDING OIL AND GAS SUPPORT AND SERVICE (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) TELECOMMUNICATIONS TOWER UP TO SEVENTY (70) FEET IN HEIGHT,
IN THE A (AGRICULTURAL) ZONE DISTRICT - WELLS RANCH, LLLP, C/O DCP
MIDSTREAM, LP
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 19th day
of December, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Wells Ranch, LLLP, 32010 County Road 63, Gill, Colorado 80624, do
DCP Midstream, LP, 3026 4th Avenue, Greeley, Colorado 80631, for a Site Specific
Development Plan and Use by Special Review Permit, USR12-0070, for Mineral Resource
Development Facilities, including Oil and Gas Support and Service (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) telecommunications tower up to seventy (70) feet in height, in the A (Agricultural) Zone
District, on the following described real estate, being more particularly described as follows:
Subdivision Exemption, SUBX12-0024; being part
of the N1/2 NW1/4 NW1/4 of Section 27,
Township 6 North, Range 63 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, at the recommendation of Planning Services staff, the
Board deemed it advisable to continue the matter to January 9, 2013, due to a Planning
Commission continuance, and
WHEREAS, at said hearing on January 9, 2013, the applicant was represented by
Patrick Groom with Witwer, Oldenburg, Barry and Johnson, LLP, 822 7th Street, Suite 760,
Greeley, Colorado 80631, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the following
reasons:
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SPECIAL REVIEW PERMIT (USR12-0070) - WELLS RANCH, LLLP, C/O DCP
MIDSTREAM, LP
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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 Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.8 of the Weld County Code as follows:
A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-5-100.A (OG.Goal 1) states: "Promote the reasonable
and orderly exploration and development of oil and gas mineral
resources."
2) 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."
3) Section 22-5-100.6.9 (OG.Policy 2.9) states: "Impose protective
measures through available state, County and federal regulations
to ensure that the mineral operator conducts operations in a
manner that will minimize current and future environmental
impacts." The request for a Site Specific Development Plan and a
Use by Special Review Permit for Mineral Resource Development
Facilities, including Oil and Gas Support and Service (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) telecommunications tower up to seventy (70) feet in
height, in the A (Agricultural) Zone District.
Section 23-2-230.B.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 a Mineral Resource Development Facility, including Oil
and Gas Support and Service as a Use by Special Review in the
A (Agricultural) Zone District. The site is an approximate 20 -acre
leasehold area permitted through SUBX12-0024. The plat shall be
recorded prior to the case being heard by the Board of County
Commissioners.
Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The property slopes
gradually from the northwest to the southeast with generally no significant
topographical change. This land and surrounding lands in each direction
are in dryland agriculture and rangeland with limited irrigated agricultural
lands in close proximity and numerous oil and gas facilities, well heads
and tank batteries present in each direction. There are no residential
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MIDSTREAM, LP
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dwellings in close proximity to the proposed facility. There are two (2)
property owners within five hundred feet of this facility: Wells Ranch
LLLP (Steve and Teresa Wells) and State School Land. The entire
property is presently rangeland.
D. Section 23-2-230.6.4 -- 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 the three-mile referral area of a
municipality.
E. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The existing site is not within a
recognized overlay district, including the Geologic Hazard, Flood Hazard
or Airport Overlay District. Effective April 25, 2011, building permits
issued on the property will be required to adhere to the fee structure of
the County -Wide Road Impact Fee Program. Effective April 25, 2011,
building permits issued on the property will be required to adhere to the
fee structure of the County Facility Fee and Drainage Impact Fee
Programs.
F. Section 23-2-230.B.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 parcel
utilizing six (6) acres for the compressor site. The proposed facility is
sited on lands that are designated "Other" on the Important Farmlands of
Weld County map, dated 1979.
G. Section 23-2-230.B.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 will ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Wells Ranch, LLLP, do DCP Midstream, LP, for
a Site Specific Development Plan and Use by Special Review Permit, USR12-0070, for Mineral
Resource Development Facilities, including Oil and Gas Support and Service (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) telecommunications tower up to seventy (70) feet in height in the
A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
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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 USR12-0070.
2) The attached Development Standards.
3) The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate the trash collection areas.
Sections 23-2-260.C.11 and 23-3-350.A.6 of the Weld County
Code address the issue of trash collection areas. These areas
shall be designed and used in a manner that will prevent trash
from being scattered by wind or animals.
5) County Road (CR) 68 is designated on the Weld County Road
Classification Plan as a local paved road, which requires 60 feet of
right-of-way at full buildout. 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.
6) Show the approved access on the plat and label it with the
approved access permit number (AP12-00236).
7) Delineate the Water Quality Depression and label it as "Water
Quality, No Build or Storage Area."
8) The approved Lighting Plan.
B. The applicant shall address the concerns of the Department of Public
Works, as indicated in the referral dated November 19, 2012. Evidence
of such shall be submitted, in writing, to the Weld County Department of
Planning Services.
1) Submit the supporting calculations for the water quality feature
and any drainage improvements.
C. 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 (APCD), Colorado Department of Health and Environment, if
applicable. Alternately, the applicant may provide evidence from the
APCD that they are not subject to these requirements. Evidence of such
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shall be submitted, in writing, to the Weld County Department of Planning
Services.
D. The applicant shall submit evidence of a signed copy of the Spill
Prevention, Control and Countermeasure Plan and provide it to the
Environmental Health Services Division of the Weld County Department
of Public Health and Environment. Evidence of such shall be submitted,
in writing, to the Weld County Department of Planning Services.
The applicant shall either submit a copy of an agreement with the
property's mineral owner/operators stipulating that the oil and gas
activities have been adequately incorporated into the design of the site, or
show evidence that an adequate attempt has been made to mitigate the
concerns of the mineral owner/operators. Drill envelopes may be
delineated on the plat in accordance with the State requirements as an
attempt to mitigate concerns. The plat shall be amended to include any
possible future drilling sites.
F. The applicant shall submit a Lighting Plan to the Department of Planning
Services, for review and approval, and include the manufacture's cut
sheets for each of the proposed lighting fixtures and lamps.
G. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. Prior to Construction:
A. In the event that one (1) or more acres are disturbed during the
construction and development of this site, the applicant shall obtain a
Stormwater Discharge Permit from the Water Quality Control Division of
the Colorado Department of Public Health and Environment.
B. If more than one (1) acre is to be disturbed, a grading permit will be
required prior to the start of construction. The Grading Permit Application
must contain an Erosion and Sediment Control Plan, a Grading Plan,
installation details of all Best Management Practices (BMPs) to be
utilized, typical installation and maintenance notes for all BMPs to be
utilized, and a copy of the approved Colorado Department of Public
Health and Environment Stormwater Permit.
3. Upon completion of Conditions of Approval #1 and #2 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 the Department of Planning Services. 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
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Commissioners Resolution. The applicant shall be responsible for paying the
recording fee.
4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us
5. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, 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 three (3)
month period.
6. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of January, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD CO0J(VTY, COLORADO
ATTEST:
William
Weld County Clerk to the Board
BY:
Deputy Cle
APP
Mike. Freeman
'Barbara Kirkmeyer
Garcia, Chair
lS kt-tri
Rademacher, Pro-Tem
County Attorney
JAN 3 0 2013
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WELLS RANCH, LLLP
USR12-0070
1. The Site Specific Development Plan and Use by Special Review Permit, USR12-0070, is
for Mineral Resource Development Facilities, including 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 Telecommunications Tower up to
seventy (70) feet in height, in the A (Agricultural) Zone District, and subject to the
Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, 30 20 100.5, C.R.S.) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
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, Section 30-20-100.5, C.R.S.
5. Waste materials shall be handled, stored, and disposed of 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.
Adequate hand washing and toilet facilities shall be provided for employees and patrons
of the facility, at all times. Portable toilets are allowed for employees or contractors that
are on -site for less than two (2) consecutive hours per day. 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.
8. This facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone District, as delineated in Section 14-9-30 of the Weld County Code, or
with all applicable state noise statutes and/or regulations.
9. 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.
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10. The Spill Prevention, Control and Countermeasure Plan shall be available on the site, at
all times.
11. The applicant shall comply with all provisions of the State Underground and Above
Ground Storage Tank Regulations.
12. The applicant shall obtain a Colorado Discharge Permit System (CDPS) permit from the
Colorado Department of Public Health and Environment (CDPHE), Water Quality Control
Division, as applicable.
13. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
14. A building permit will be required for the five (5) compressors, the communications tower
and associated buildings and equipment.
15. A Building Permit Application must be completed and two (2) complete sets of
engineered plans, including Engineered Foundation Plans bearing the wet stamp of a
Colorado registered architect or engineer, must be submitted for review.
16. A Geotechnical Engineering Report, performed by a Colorado registered engineer, shall
be required or an Open Hole Inspection.
17. Buildings, equipment and structures shall conform to the requirements of the various
codes adopted at the time of permit application. Currently, the following have been
adopted by Weld County: 2012 International Building Code, 2012 International
Mechanical Code, 2012 International Plumbing Code, 2006 International Energy Code,
2012 International Fuel Gas Code, 2011 National Electrical Code, 2003 ANSI 117.1
Accessibility Code and Chapter 29 of the Weld County Code.
18. A plan review shall be approved and a permit must be issued prior to the start of
construction.
19. All building plans shall be submitted to the Galeton Fire District for review and approval
prior to issuing building permits, if appropriate.
20. 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.
21. Off-street parking spaces, including the access drive, shall be surfaced with gravel,
recycled asphalt base, or the equivalent and shall be graded to prevent drainage
problems.
22. The historical flow patterns and runoff amounts will be maintained on the site in such a
manner that it will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to runoff rate and velocity increases,
diversions, concentration and/or unplanned ponding of storm runoff.
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23. The applicant must take into consideration stormwater capture/quantity and provide
accordingly for BMPs.
24. Weld County is not responsible for the maintenance of on -site drainage related features.
25. The applicant is required to comply with all Colorado Oil and Gas Conservation
Commission (COGCC) rules and regulations, including drill pad construction, stormwater
controls, and reclamation.
26. Effective April 25, 2011, building permits issued on the property will be required to
adhere to the fee structure of the County -Wide Road Impact Fee Program.
27. Effective April 25, 2011, building permits issued on the property will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee
Programs.
28. The facility will operate 24 hours per day, 365 days per year.
29. The facility will comply with the approved Lighting Plan and Section 23-3-250.D.1
Lighting Standards of the Weld County Code.
30. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
31. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
32. 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.
33. The Use by 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.
34. 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.
35. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the plat and recognized at all times.
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