HomeMy WebLinkAbout20090942.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND FOURTH AMENDED USE
BY SPECIAL REVIEW PERMIT #552 FOR A MINERAL RESOURCE DEVELOPMENT
FACILITY FOR OIL AND GAS SUPPORT AND SERVICE, INCLUDING A NATURAL
GAS PROCESSING FACILITY, IN THE A (AGRICULTURAL) ZONE DISTRICT - 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 18th day
of March, 2009, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of DCP Midstream, LP, 370 17th Street, Suite 2500, Denver, Colorado
80202 for a Site Specific Development Plan and Fourth Amended Use by Special Review
Permit #552 for a Mineral Resource Development Facility for Oil and Gas Support and Service,
including a Natural Gas Processing Facility, in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lots A and B of Recorded Exemption #614, located
within the W1/2SE1/4, and a portion of a strip of
land 150 feet wide, being 75 feet each side of
centerline, located within the W1/2SE1/4; both in
Section 28, Township 6 North, Range 65 West of
the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, at the request of the applicant, the Board deemed it
advisable to continue the matter to April 22, 2009, to allow the applicant adequate time to
complete the required mineral interest notification, and
WHEREAS, at said hearing on April 22, 2009, the applicant was represented by
Attorney Patrick Groom, 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:
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.B of the Weld County Code as follows:
2009-0942
fit pt,,i'lfZc�a�)� / inE��� PCS-IyC:
FOURTH AMENDED SPECIAL REVIEW PERMIT #552 - DCP MIDSTREAM, LP
PAGE 2
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.
Section 22-5-100.A (OG.Goal 1) states, "Oil and gas exploration and
production should occur in a manner which minimizes the impact to
agricultural uses and the environment and reduces the conflicts between
mineral development and current and future surface uses." Further,
Section 22-5-100.6 (OG.Goal 2) states, "The extraction of oil and gas
resources should conserve the land and minimize the impact on
surrounding land." The request for a Site Specific Development Plan and
Use by Special Review Permit for a Mineral Resource Development
Facility for Oil and Gas Support and Service, including a Natural Gas
Processing Facility in the A (Agricultural) Zone District, is the fourth
amendment to an existing permitted facility. The original USR was
applied for by Colorado Gathering and Processing Company, in 1983.
The application was for a natural gas processing plant and support
facilities. The amended USR was applied for by Colorado Gathering and
Processing Company, in 1986. The second amended USR was for
upgrades to the existing facility. The third amendment addressed
upgrades to the facility including a new compressor building to facilitate
additional gas production growth without any disruption of service. The
fourth amendment is for an expansion of the current facility necessitated
by the need to move larger volumes of gas and enhance safety of the
facility due to the recent increases in drilling activity and projected
additional increases by DCP Midstream producer customers.
b. Section 23-2-230.6.2 -- 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 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The facility is in the
middle of the section, adjacent to the vacated Union Pacific Railroad
right-of-way. In all directions, agricultural lands dominate, including the
new sugar beet dump for Western Sugar Cooperative, approved through
USR-1654. There are numerous oil and gas production facilities
approximately one-half mile directly south of this facility. Operators
include RA Resources, Inc., Prima Oil and Gas, and Sunshine Valley
Petroleum. All operators have at least one Use by Special Review permit
in place. There are eight property owners within five hundred feet of this
application, with the nearest residence being south of the proposed
expansion.
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
2009-0942
PL0034
FOURTH AMENDED SPECIAL REVIEW PERMIT #552 - DCP MIDSTREAM, LP
PAGE 3
municipalities. The existing site is within the three-mile referral area for
the City of Greeley and the Town of Eaton. The City of Greeley, in a
referral dated December 4, 2008, stated it had reviewed the request and
found no conflicts with its interests. The Town of Eaton did not respond
to the referral request.
e. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The site is within the Airport Overlay
District, and the Greeley -Weld County Airport, in a referral dated
December 29, 2008, indicated it has no immediate concerns with the
proposal; however, should any construction on the site include tall
structures, the Greeley -Weld County Airport requests that a Federal
Aviation Administration 7460-1 Airspace Study be performed. Effective
January 1, 2003, building permits issued on the proposed lots will be
required to adhere to the fee structure of the County -Wide Road Impact
Fee Program. Effective August 1, 2005, building permits issued on the
subject site will be required to adhere to the fee structure of the Capital
Expansion Impact Fee and the Stormwater/Drainage Impact Fee
Programs.
f. Section 23-2-230.6.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. This facility is sited on an approximately 10 -acre site,
within a 160 -acre parcel, adjacent to lands formerly utilized as a single
track rail for the Union Pacific Railroad.
g•
Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the Weld
County Code), Conditions of Approval, 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of DCP Midstream, LP, for a Site Specific
Development Plan and Fourth Amended Use by Special Review Permit #552 for a Mineral
Resource Development Facility for Oil and Gas Support and Service, including a Natural Gas
Processing Facility, in the A (Agricultural) Zone District, on the parcel of land described above
be, and hereby is, granted subject to the following conditions:
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 4th AmUSR-552.
2) The plat shall be prepared per Section 23-2-260.D of the Weld
County Code.
2009-0942
PL0034
FOURTH AMENDED SPECIAL REVIEW PERMIT #552 - DCP MIDSTREAM, LP
PAGE 4
3) The attached Development Standards.
4) County Road 43 is designated on the Weld County Road
Classification Plan as a major arterial road, which requires 140
feet of right-of-way at full buildout. There is presently sixty feet of
right-of-way. A total of 70 feet from the centerline of County
Road 43 shall be delineated on the plat as future right-of-way for
future expansion of County Road 43. This road is maintained by
Weld County.
5) The screened trash enclosure for the facility.
6) A graphic key and/or symbol serving to identify each component
that is located within the USR boundary. The key and
corresponding component shall be summarized in tabular format
and be clearly delineated on the plat.
7) The applicant shall delineate contours for the site and 200 feet
off -site with a minimum of two -foot contour intervals.
8) The applicant shall, on the plat, specifically indicate the type of
right-of-way/easement which exists on the property.
B. The applicant shall submit a Final Drainage Report stamped, signed, and
dated by a Colorado registered professional engineer, which shall
conform to Section 24-7-130.D of the Weld County Code and
Ordinance #2006-7. All off -site flows must be taken into account and
routed through, or around, the site. If retention is proposed, a variance
request must be sent to the County Engineer and the water must drain
within 72 hours. 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. Evidence of
such shall be submitted, in writing, to the Weld County Department of
Planning Services.
C. The applicant shall submit evidence of an Air Pollution Emission Notice
(A.P.E.N.) and Emissions Permit application to the Air Pollution Control
Division (APCD) of the Colorado Department of Health and Environment.
Alternately, the applicant may provide evidence from the APCD that they
are not subject to these requirements. Evidence of such shall be
submitted, in writing, to the Weld County Department of Planning
Services.
D. In the event the applicant intends to utilize the existing septic system at
the control building, and the number of employees using the septic
system exceeds six (6), the septic system shall be reviewed by a
2009-0942
PL0034
FOURTH AMENDED SPECIAL REVIEW PERMIT #552 - DCP MIDSTREAM, LP
PAGE 5
Colorado registered professional engineer. The review shall consist of
observation of the system and a technical review describing the system's
ability to handle the proposed hydraulic load. The review shall be
submitted to the Environmental Health Services Division of the Weld
County Department of Public Health and Environment. In the event the
system is found to be inadequately sized or constructed, the system shall
be brought into compliance with current regulations. Evidence of such
shall be submitted, in writing, to the Weld County Department of Planning
Services.
E. The applicant shall submit a Dust Abatement Plan to the Environmental
Health Services Division of the Weld County Department of Public Health
and Environment, for approval, prior to operation. Evidence of such shall
be submitted, in writing, to the Weld County Department of Planning
Services.
F. The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department
of Public Health and Environment. The plan shall include, at a minimum,
the following:
1) A list of wastes which are expected to be generated on the site
(this shall include expected volumes and types of waste
generated).
2) A list of the type and volume of chemicals expected to be stored
on the site.
3) The waste handler and facility where the waste will be disposed of
(including the facility name, address, and phone number).
Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
G. The applicant shall provide evidence of approval, by the Department of
Public Works, concerning the existing access to the facility and
stormwater drainage, as addressed in the memorandum dated
December 3, 2008. Written evidence of approval shall be submitted to
the Weld County Department of Planning Services.
H. The applicant shall provide written evidence, from the Department of
Building Inspection, of compliance with building permits issued by the
Department of Building Inspection, as outlined in the referral dated
November 25, 2008. Evidence of such shall be submitted, in writing, to
the Weld County Department of Planning Services.
The applicant shall submit an approved Screening Plan, to address the
outdoor storage of materials, including the fifty-five (55) gallon barrels
2009-0942
PL0034
FOURTH AMENDED SPECIAL REVIEW PERMIT #552 - DCP MIDSTREAM, LP
PAGE 6
associated with this facility, which shall be screened from adjacent
properties, including public rights -of -way.
J. The applicant shall submit an approved Lighting Plan, to address the
facility lighting, including security lighting, operational lighting, and
emergency lighting.
K. The applicant shall submit two (2) paper copies of the plat, for preliminary
approval, to the Weld County Department of Planning Services.
2. One month prior to Construction:
A. The applicant shall submit evidence of a Colorado Discharge Permit
System (CDPS) Permit from the Colorado Department of Public Health
and Environment (CDPHE), Water Quality Control Division, to cover
stormwater discharges from construction sites (5 CCR-1002-61).
Alternately, the applicant may provide evidence from the CDPHE that
they are not subject to the CDPS requirements. Evidence of such shall
be submitted, in writing, to the Weld County Department of Planning
Services.
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 Mylar plat and
additional requirements shall be submitted within thirty (30) days from the date of
the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee.
4. The Department of Planning Services respectfully requests the surveyor provide
a digital copy of this Fourth 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@co.weld.co.us.
5. In accordance with Weld County Code Ordinance #2005-7, approved June 1,
2005, should the plat not be recorded within the required thirty (30) 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 Fourth Amended Use by Special Review activity shall not occur, nor shall
any building or electrical permits be issued on the property, until the Fourth
Amended Use by Special Review plat is ready to be recorded in the office of the
Weld County Clerk and Recorder.
2009-0942
PL0034
FOURTH AMENDED SPECIAL REVIEW PERMIT #552 - DCP MIDSTREAM, LP
PAGE 7
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of April, A.D., 2009.
ATTEST:
Weld County Clerk to the B
l� M tb the Boa
ED • f J" "ARM:
y
Cler
unty Attorney
Se onway
Date of signature: 5/1 /09
BOARD OF
WELD IU
Iliam F. Garcia, Cha
Douglas
ademac er,
MISSIONERS
DO
Pro -Tern
y kretye
David E. Long
2009-0942
PL0034
SITE SPECIFIC DEVELOPMENT PLAN
FOURTH AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DCP MIDSTREAM, LP
4THAMUSR #552
1. The Site Specific Development Plan and Fourth Amended Use by Special Review
Permit #552 is for a Mineral Resource Development Facility, including a Natural Gas
Processing Facility 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, Section 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 which controls
fugitive dust, blowing debris, and other potential nuisance conditions.
6. Fugitive dust shall be controlled on this site. The facility shall be operated in accordance
with the approved Dust Abatement Plan at all times.
7. The facility shall adhere to the maximum permissible noise levels allowed in the
I (Industrial) Zone District, as delineated in Section 25-12-103, C.R.S.
8. Adequate hand washing and toilet facilities shall be provided for employees.
9. Adequate toilet facilities (portable toilets) shall be provided during the construction of the
facility.
10. The applicant shall comply with all provisions of the Underground and Above Ground
Storage Tank Regulations (7 CCR 1101-14).
11. 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 and volatile organic compounds.
12. The applicant shall operate in accordance with the approved Waste Handling Plan.
13. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
14. The facility shall utilize the existing public water supply for drinking and sanitary
purposes (North Weld County Water District).
2009-0942
PL0034
DEVELOPMENT STANDARDS - (4THAMUSR #552)
PAGE 2
15. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
16. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
17. A building permit application must be completed, and two complete sets of plans,
including engineered foundation plans bearing a wet stamp of a Colorado registered
architect or engineer, must be submitted for review. A Geotechnical Engineering Report,
performed by a Colorado registered engineer, shall be required.
18. A plan review shall be approved and a permit must be issued prior to the start of
construction.
19. Buildings shall conform to the requirements of the 2006 International Building,
Mechanical, Plumbing, and the 2008 National Electrical Codes, and Chapter 29 of the
Weld County Code.
20. Setback and offset distance shall be determined by the Weld County Code.
21. Effective January 1, 2003, building permits issued on the lot will be required to adhere to
the fee structure of the County -Wide Road Impact Fee Program.
22. Effective August 1, 2005, building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
23. The facility shall maintain compliance with the Colorado Air Pollution Control Division,
specific to the federally -mandated program addressing the Weld County Air Quality
Containment Area at all times.
24. The facility shall comply with the Landscape and Screening Plan at all times.
25. The facility shall comply with the approved Lighting Plan and Section 23-3-250.D.1
(Lighting Standards) of the Weld County Code.
26. 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 Section 15-1-40, of the Weld County Code.
27. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
28. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
2009-0942
PL0034
DEVELOPMENT STANDARDS - (4THAMUSR #552)
PAGE 3
29. Weld County Government personnel 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 Development Standards stated herein and all applicable Weld County regulations.
30. The Fourth Amended 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.
31. 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.
32. 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.
33. The applicant shall contact the Utility Coordinator for the Weld County Department of
Public Works, at (970) 304-6496, ext. 3750, for a Right -of -Way Permit for any work that
may be required in the right-of-way on County Roads 35 and 38. A special transport
permit will be required for any oversized or overweight vehicles which may access the
site.
2009-0942
PL0034
Hello