HomeMy WebLinkAbout20112669.tiff • BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bill Hall, 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: USR11-0005
APPLICANT: WETCO Farms, Inc., Go DCP Midstream, LP
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Oil
and Gas Support and Service, including oil and gas processing facilities and
related equipment, including, but not limited to,four(4) compressors
associated with gas processing or which compress gas to enter a pipeline for
transport to market, in the A (Agricultural)Zone District.
LEGAL DESCRIPTION: Lot B RE-1905; Part NE4 Section 10,T4N, R66W of the 6th P.M., Weld
County, Colorado.
LOCATION: West of and adjacent to CR 33; approximately 0.5 miles north of CR 46.
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 22-5-100.B. (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 Special
Review Permit for a Mineral Resource Development Facility including a Natural Gas
Processing Facility in the A (Agricultural) Zone District is for a new 4 unit gas compressor
facility, being part of a new five part compressor, pipeline and gas processing plant network
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.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Section 23-3-40.A.2 of the Weld County Code provides for Oil and Gas Support
and Service as a Use by Special Review in the A(Agricultural) Zone District.
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 relatively flat with oil and gas encumbrances present.
Lands to the North, South and West are in agricultural production, with lands to the East
within the City of Evans. There are six(6)single family residences in the immediate vicinity
and also the Five Rivers Ranch Cattle Feeding (J BS) Feedlot[SUP-21]0.5 miles to the west,
and Envirotech one-mile to the north. There are ten (10)property owners within five hundred
feet of this facility. The entire property is presently in old field row crop with oil and gas
encumbrances. Staff has not received any telephone calls, email or letters concerning this
case from surrounding property owners.
• EXHIBIT 2011-2669
Well-0005
• Resolution USR11-0005
WETCO Farms, Inc., do DCP Midstream, LP
Page 2
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The existing site is within the three mile referral area of the City of Greeley
and City of Evans. The City of Greeley in their referral dated August 24, 2011 had no
planning concerns but did have engineering related recommendations specific to turning
radius and site circulation; stormwater design and drainage related concerns and a
notification of the required stormwater discharge permit from the Colorado Department of
Public Health and Environment prior to commencing construction. The City of Evans did not
return a referral indicating a conflict with their interests.
E. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code.
The existing site is not within a recognized overlay district, including the Geologic Hazard,
Flood Hazard or Airport Overlay District. The existing site is within the County-wide Road
Impact Fee, Drainage and County Facility Fee Areas.
Effective April 25, 2011, 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)
Effective April 25, 2011, 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)
• 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 150 acre parcel utilizing 10 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 designated "Irrigated Not Prime" on the Important Farmlands of
Weld County map dated 1979.
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 USR11-0005. (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)
• Resolution USR11-0005
WETCO Farms, Inc., c/o DCP Midstream, LP
Page 3
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 33 is designated on the Weld County Road Classification Plan as a
local gravel (Dust Suppression) 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 the City of Evans through
an annexation. (Department of Public Works)
6. The City of Evans has jurisdiction over the access to County Road 33 roadway.
Please contact the City of Evans Office to verify the access permit or for any
additional requirements that may be needed to obtain or upgrade the permit.
(Department of Public Works)
7. The applicant shall submit evidence of an approved access from County Road 33.
Proposed traffic includes one employee visiting the site each day and a tractor trailer
every other day to haul produced water from the site. Please show and label on the
• Plat, the proposed access width (minimum 20 foot for emergency vehicles), the
turning radiuses into the site(45-60 foot radiuses required to accommodate trucks),
and the proposed 30" RCP culvert at the access. The access shall be placed in such
a location that there is adequate site distance in both directions and not below the
crest of a hill. (Department of Public Works)
8. Tracking control is required to prevent tracking of mud and debris on to the County
roadway. Please show and label a double cattle guard (2 cattle guards placed back
to back to allow for a full rotation of truck tires)at the access. Place the cattle guards
far enough back from the County roadway to allow a tractor trailer to completely pull
off the main roadway before crossing the cattle guards. (Department of Public
Works)
9. Based upon the proposed traffic volumes to this facility a traffic study was not
required. The applicant is indicating approximately one pick up per day by two
employees and a tractor-trailer rig, one every other day. This will be an unmanned
facility. (Department of Public Works)
10. The approved Lighting Plan for the Facility. (Department of Planning Services)
B. The applicant shall address the concerns of the Department of Public Works as indicated in
their referral dated August 18, 2011. (Department of Public Works)
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, Colorado Department
of Health and Environment, if applicable. Alternately, the applicant can provide evidence
from the APCD that they are not subject to these requirements. (Department of Public
• Health and Environment)
• Resolution USR11-0005
WETCO Farms, Inc., c/o DCP Midstream, LP
Page 4
D. The applicant shall submit a signed copy of the Spill Prevention, Control and
Countermeasure (SPCC) Plan to the Environmental Health Services Division of the Weld
County Department of Public Health & Environment. (Department of Public Health and
Environment)
E. The applicant shall submit a Lighting Plan for review and approval and include the
manufacture's cut sheets for each of the proposed lighting fixtures and lamps to the
Department of Planning Services. (Department of Planning Services)
F. The applicant shall provide written evidence of compliance with the Tier II reporting and the
development of a Risk Management Plan if this facility meets the EPA standard for reporting.
Further, the applicant shall provide Tier II documentation to the Weld County LEPC and the
Fire District as required. (Sheriffs Office)
G. 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 can 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. (Department of Planning
Services)
H. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the
• Weld County Department of Planning Services. (Department of Planning Services)
2. Prior to Construction:
A. The project will disturb over an acre of land therefore, a Weld County Grading Permit is
required before construction. The grading permit application must include the grading plan,
erosion and sediment control plan, typical BMP installation details, typical BMP installation
and maintenance notes, and a copy of the Colorado Department of Health and Environment
construction stormwater discharge permit. (Department of Public Works)
B. Building permits shall be obtained prior to the construction of any structure or change of use
of any building. (Department of Building Inspection)
C. A plan review is required for each building. Plans require the wet stamp of a Colorado
registered architect or engineer. (Department of Building Inspection)
D. Buildings shall conform to the requirements of the codes adopted by Weld County at the time
of permit application. Current adopted codes include the 2006 International Residential Code;
2006 International Building Code; 2006 International Mechanical Code; 2006 International
Plumbing Code;2006 International Fuel Gas Code;2006 International Energy Conservation
Code;2008 National Electrical Code and Chapter 29 of the Weld County Code. (Department
of Building Inspection)
E. Each building will require an engineered foundation based on a site-specific geotechnical
report or an open hole inspection performed by a Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer. (Department of Building
Inspection)
•
• Resolution USR11-0005
WETCO Farms, Inc., c/o DCP Midstream, LP
Page 5
F. Fire resistance of walls and openings, construction requirements, maximum building height
and allowable areas will be reviewed at the plan review. Setback and offset distances shall be
determined by the Weld County Code. (Department of Building Inspection)
G. Building height shall be measured in accordance with the 2006 International Building Code
for the purpose of determining the maximum building size and height for various uses and
types of construction and to determine compliance with the Bulk Requirements from Chapter
23 of the Weld County Code. (Department of Building Inspection)
H. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in
order to determine compliance with offset and setback requirements. Offset and setback
requirements are measured to the farthest projection from the building. (Department of
Building Inspection)
Provide letter of notification from the LaSalle Fire Protection District having jurisdiction prior to
any new construction. (Department of Building Inspection)
3. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other documentation
required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat
and additional requirements shall be submitted within sixty (60) 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)
4. 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
file may be sent to maps(c.co.weld.co.us. (Department of Planning Services)
5. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005, should the plat not
be recorded within the required sixty(60)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)
6. 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 Alexander Zauder.
•
• Resolution USR11-0005
WETCO Farms, Inc., do DCP Midstream, LP
Page 6
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
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 September 20, 2011.
Dated the 201 of �
at °
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
• SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DCP Midstream—Godfrey Bottoms Facility
USR 11-0005
1. The Site Specific Development Plan and a Special Review Permit for Oil and Gas Support and
Service, including oil and gas processing facilities and related equipment, including, but not limited to,
four(4) compressors associated with gas processing or which compress gas to enter a pipeline for
transport to market, 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,
fugitive particulate emissions, blowing debris,and other potential nuisance conditions. (Department of
Public Health and Environment)
• 6. The applicant shall operate in accordance with the approved "waste handling plan" at all times.
(Department of Public Health and Environment)
7. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
8. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 14-9-30 of the Weld County Code, or with all applicable State noise statutes and/or
regulations. (Department of Public Health and Environment)
9. A permanent,adequate water supply shall be provided for drinking and sanitary facilities when there is
at least one full time employee located on the facility. (Department of Public Health and Environment)
10. An Individual Sewage Disposal System shall be provided when there is at least on full time employee
stationed on site. (Department of Public Health and Environment)
11. 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)
12. All potentially hazardous chemicals must be stored and 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)
13. If applicable,the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Department of Public Health and
Environment)
• 14. The applicant shall comply with all provisions of the State Underground and Above Ground Storage
Tank Regulations. (Department of Public Health and Environment)
Resolution USR11-0005
WETCO Farms, Inc., do DCP Midstream, LP
•
Page 8
15. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
16. A building permit shall be obtained prior to the construction of any new structures. (Department of
Building Inspection)
17. A plan review is required for each building or structure for which a building permit is required. Two
complete sets of plans are required when applying for each permit. Include a Code Analysis Data
sheet with each Building permits Submittal plans shall include a floor plan showing the specific uses
of each area for the building. The Occupancy Classification will be determined by Chapter 3 of the
2006 International Building Code. The plans shall also include the design for fire separation and
occupancy separation walls, when required by Chapter 5 and 7 of the 2006 International Building
Code. Fire Protection shall conform to Chapter 9. (Department of Building Inspection)
18. Buildings 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: 2006 International Building
Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International
Fuel Gas Code; and the 2008 National Electrical Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
19. All building plans shall be submitted to the LaSalle Fire Protection District for review and approval
prior to issue of Building Permits, (Department of Building Inspection)
20. The historical flow patterns and run-off amounts will be maintained on 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 run-off rate and velocity increases, diversions, concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
21. The applicant must take into consideration storm water capture/quantity and provide accordingly for
best management practices. (Department of Public Works)
22. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
23. Off-street parking spaces including the access drive shall be surfaced with gravel and shall be graded
to prevent drainage problems. (Department of Public Works)
24. This area IS NOT in a Special Flood Hazard Area (SFHA)as determined by the Federal Emergency
Management Agency (FEMA). (Department of Public Works)
25. The applicant is required to comply with all Colorado Oil and Gas Conservation Commission
(COGCC) rules and regulations including drill pad construction, storm water controls, and
reclamation. (Department of Planning)
26. Effective April 25,2011, 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)
27. Effective April 25, 2011, 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)
28. The facility will operate 24 hours per day 365 days per year. (Department of Planning Services)
.
29. 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)
Resolution USR11-0005
• WETCO Farms, Inc., c/o DCP Midstream, LP
Page 9
30. The facility is unmanned, without permanent employees on site. (Department of Planning Services)
31. 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)
32. 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)
33. 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)
34. 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)
35. 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)
g-ao-- c20/j
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
•
Tuesday, September 20, 2011
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. The meeting was called to order by Chair, Tom
Holton, at 1:30 p.m.
ROLL CALL ABSENT
Tom Holton
Mark Lawley
Nick Berryman
Robert Grand
Bill Hall
Benjamin Hansford •
Alexander Zauder
Jason Maxey
Also Present: Kim Ogle, Department of Planning Services; Don Carroll and Heidi Hansen, Department of
Public Works; Lauren Light, Department of Health; Bruce Barker, County Attorney, and Kris Ranslem,
Secretary.
Jason Maxey moved to approve the September 6, 2011 Weld County Planning Commission minutes,
seconded by Bill Hall. Motion carried.
The Chair read the first case into record.
• CASE NUMBER: USR-1789
APPLICANT: Cannon Land Company, do Encana Natural Gas, Inc.
PLANNER: Tom Parko
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Oil
and Gas Storage Facilities (LNG Liquefaction and Storage) and Oil and Gas
Support and Service(fueling station, mini-liquefaction facility, staging) in the A
(Agricultural)Zone District.
LEGAL DESCRIPTION: SE-1206; being part of the S2SW4 of Section 11,T2N, R66W of the 6th P.M.,
Weld County, Colorado.
LOCATION: North of and adjacent to CR 22; approximately one(1) mile east of CR 31.
Kim Ogle, Planning Services, stated that the applicants are requesting a continuance of this case until
October 4, 2011 due to a legal description technicality.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Jason Maxey moved that Case USR-1789, be continued to the October 4, 2011 Planning Commission
hearing, seconded by Ben Hansford. Motion carried unanimously.
The Chair announced that USR-1791, USR-1793, USR-1794 and USR11-0005 will be heard together as they
are similar cases. The Chair read the cases into record.
CASE NUMBER: USR-1791
APPLICANT: Bernhardt Farms LLC, c/o DCP Midstream, LP
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Oil
and Gas Support and Service, including oil and gas processing facilities and
• related equipment, including, but not limited to, four(4) compressors
associated with gas processing or which compress gas to enter a pipeline for
transport to market, in the A (Agricultural)Zone District.
a
'iLett •V W:{yy��j/,6..
LEGAL DESCRIPTION: Part SW4 SW4 of Section 30; and the W2 of Section 31 excluding the
• easternmost 225 feet,All in T5N, R66W of the 6th P.M.,Weld County,
Colorado.
LOCATION: North and South of and adjacent to CR 52 Section Line; East of and adjacent
to CR 25.
CASE NUMBER: USR-1793
APPLICANT: Herman Libsack, do DCP Midstream, LP
PLANNER: Kim Ogle
REQUEST: USR-1793-A Site Specific Development Plan and Use by Special Review
Permit for Oil and Gas Support and Service, including oil and gas processing
facilities and related equipment, including, but not limited to,four (4)
compressors associated with gas equipment processing or which compress
gas to enter a pipeline for transport to market, in the A (Agricultural)Zone
District.
LEGAL DESCRIPTION: Lot B RE-3677, Part NE4 Section 36,T6N, R65W of the 6th P.M., Weld
County, Colorado.
LOCATION: South of and adjacent to CR 64; west of and adjacent to CR 49.
CASE NUMBER: USR-1794
APPLICANT: Kendall Sullivan, do DCP Midstream, LP
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Oil
and Gas Support and Service, including oil and gas processing facilities and
related equipment, including, but not limited to, four(4) compressors
associated with gas processing or which compress gas to enter a pipeline for
transport to market, in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A RE-5107; Part SE4 of Section 17,T7N, R62W of the 6th P.M., Weld
County, Colorado.
LOCATION: North of and adjacent to CR 80; approximately 0.5 miles west of CR 77.
• CASE NUMBER: USR11-0005
APPLICANT: WETCO Farms, Inc., c/o DCP Midstream, LP
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Oil
and Gas Support and Service, including oil and gas processing facilities and
related equipment, including, but not limited to, four(4) compressors
associated with gas processing or which compress gas to enter a pipeline for
transport to market, in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot B RE-1905; Part NE4 Section 10, T4N, R66W of the 6th P.M., Weld
County, Colorado.
LOCATION: West of and adjacent to CR 33; approximately 0.5 miles north of CR 46.
Kim Ogle, Planning Services, stated that DCP Midstream is in the process of expanding their operations in
Weld County. The expansion of existing operations will add to the current in place and permitted 2,800 miles
of gathering lines, 7 natural gas plants, and 12 compressor sites. These land use permits will include a new
gas plant and four compressor stations and interconnecting pipelines. DCP, as second largest gatherer and
processor of natural gas and their clients have identified a need for new infrastructure to get the gas to market.
The need is based on new technology for uncovering natural gas discoveries in the Niobrara Shale and the
ability of the DJ Basin to expand based on these new technologies.
The first compressor site is USR-1791 identified as the Bernhardt site. This proposed unmanned facility is
located on a 160 acre parcel utilizing 10 acres for the compressor site.
The site is within the three mile referral area of the Towns of Milliken and Johnstown and the City's of Evans
and Greeley.
The Town of Johnstown returned a referral indicating no conflict with their interests, and the City of Greeley
returned a referral indicating no conflict with their interests and also providing an advisory that there are a City
• six(6) inch water main in or adjacent to 49th Street(aka County Road 52)and also a four(4) inch water main
in 95th Avenue, (aka County Road 25). Further stating that right-of-way approvals are required if access roads
cross the City of Greeley water lines in this area. The Town of Milliken and the City of Evans did not return a
2
referral.
• The second compressor site is USR11-0005, identified as the Godfrey Bottoms(WETCO) site. The site is
within the three mile referral area of the City of Greeley and City of Evans. The City of Greeley in their referral
dated August 24,2011 had no planning concerns but did have engineering related recommendations specific
to turning radius and site circulation; stormwater design and drainage related concerns and a notification of the
required stormwater discharge permit from the Colorado Department of Public Health and Environment prior
to commencing construction. The City of Evans did not return a referral indicating a conflict with their
interests.
Thirteen referral agencies reviewed this case and five offered comments that have been incorporated into this
recommendation. Staff has not received telephone calls, email or letters concerning this case from
surrounding property owners.
The third compressor site is USR-1793, identified as the Libsack site. The existing site is within the three mile
referral area of the City of Greeley. The City returned a referral indicating no conflict with their interests.
Sixteen referral agencies reviewed this case and five offered comments some with specific conditions that
have been incorporated into this recommendation. Staff has not received any letters, telephone calls or
emails concerning this application from surrounding property owners and other interested parties.
The fourth compressor site is USR-1794 identified as the Sullivan site. The site is not within the three mile
referral area of any municipality. Twelve referral agencies reviewed this case and four offered comments that
have been incorporated into this recommendation.
Mr. Ogle provided memorandums which have proposed amendments to USR-1794. One amendment is in
regard to some concerns that Public Works had about some conditions that were inadvertently left off. In
• addition, a universal amendment change to the request of USR-1791, USR-1793, USR11-0005 and USR-
1794 include the number of compressors (four compressors).
Bill Hall moved to amend conditions of approval 1.A.10, 1.A.6 and add an additional item as outlined in the
staff memorandum to USR-1794, seconded by Jason Maxey. Motion carried.
Lauren Light, Environmental Health, stated that all of these sites are unmanned facilities therefore no
permanent water or sewage disposal is required. She added that she included a development standard which
states that when there is a full-time employee located on site then permanent water and sanitary facilities
would be required.
Heidi Hansen, Public Works, stated that these sites are on local gravel roads. Access Permit applications
have been submitted for the access points. Adequate turning radiuses at the access points and double
cattle guards to prevent tracking are required. In addition, an Improvements Agreement and Road
Maintenance Agreement are required.
Patrick Groom, representing DCP Midstream, 822 7th Street, Suite 760, Greeley CO introduced Greg
Kardos who is the Asset Director for DCP for Weld County. Mr. Groom said that they believe this is an
exciting project. It is intended to facilitate bringing to market the gas that is being produced from the
Niobrara Shale.
Greg Kardos, Asset Director for DCP, 3026 4th Avenue, Greeley, CO stated that they will be constructing a
new processing plant along with these compressor sites. It is being driven by the growth here in Weld
County. The DJ Basin is reinventing itself again and they believe that it is a great opportunity for Weld
County. Mr. Cartos said that they have an extensive footprint in the County and they are great supporters
of the community. He added that they are trying to be the best corporate neighbors that they possibly can
be in Weld County.
• Commissioner Maxey asked about placement of the compressors on these 160 acre parcels. Mr. Groom
said that the plan is to place the sites within the center of these properties. DCP has specifically
3
purchased larger parcels to create a buffer zone to accommodate surrounding neighbors so there
.
wouldn't be too great an impact. The only exception to that is the Bernhardt site (USR-1791) as they were
forced, because of some oil and gas well issues, to locate that slightly to the west of the center spot on
that property. Mr. Maxey expressed concern of taking away prime irrigated farmland. He asked that if
these are placed in the center of the property how that will impact the pivots and irrigated farmland. Mr.
Groom said that the intention is to allow the continuation of farming on the property. DCP would like the
land to remain in production if possible and if not to restore it to vegetative natural grasses.
Mr. Groom added that there is a requirement for air permits that certain buffer areas be surrounding the
compressor site and because of that it is important to locate these in the center of the parcel.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The Chair asked the applicant if he 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.
Bill Hall moved that Cases USR-1791, USR-1793, USR-1794 and USR11-0005, be forwarded to the Board of
County Commissioners along with the amended Conditions of Approval and Development Standards with the
Planning Commission's recommendation of approval, seconded by Alexander Zauder.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, absent; Robert Grand, absent; Bill Hall, yes;Alexander Zauder,yes; Jason Maxey,yes; Benjamin
Hansford, yes; Mark Lawley, absent; Tom Holton, yes. Motion carried unanimously.
The Chair read the following case into record.
CASE NUMBER: USR-1792
•
APPLICANT: Thistle Down, Inc./Michael Boulter, do DCP Midstream, LP
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Oil
and Gas Support and Service, including, but not limited to an Electric Natural
Gas Processing Facility in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: SE4 of Section 31,T5N, R64W of the 6th P.M.,Weld County, Colorado.
LOCATION: North of and adjacent to CR 50;west of and adjacent to CR 51.
The fifth land use case is for a Site Specific Development Plan and a Special Review Permit for Oil and Gas
Support and Service, including, but not limited to an Electric Natural Gas Processing Facility in the A
(Agricultural) Zone District.
The LaSalle Gas plant, located south of the Town of Kersey will be an electric powered facility and is located
North of and adjacent to County Road 50; west of and adjacent to County Road 51. This proposed facility is
located on a 160 acre parcel utilizing 40 acres in the center of the parcel for an Electric Natural Gas
Processing Facility and a cooperative Rural Electric Association Terminus substation. The permitting of this
facility with electric service will be forthcoming in the near future. Ongoing agricultural production will continue
on lands not impacted by this proposed facility. The proposed facility is sited on lands that are designated
"Prime" and "Other" on the Important Farmlands of Weld County map dated 1979.
The site is within the three mile referral area of the Town of Kersey. The Town returned a referral indicating
no conflict with their interests. There are seven (7) property owners within five hundred feet of this facility.
The property slopes south to north to a high point, and slopes in a downward gradient to the North.There are
multiple accesses to property mostly associated with Noble Energy's oil and gas site improvements. There is
a communications tower in the center portion of the 640 acre tract of land that appears to access off of County
• Road 49. A gas pipeline and Fibre-optic cable are in the right-of-way west side of County Road 51.
In the immediate area, there is limited residential development,although there are residences to the south and
4
Hello