HomeMy WebLinkAbout20090927.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND THIRD AMENDED USE BY
SPECIAL REVIEW PERMIT #542 FOR A MINERAL RESOURCE DEVELOPMENT
FACILITY, INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY (OIL
AND 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, c/o Joe Kuchinski, 1324 North 7th Avenue, Greeley, Colorado 80631, for a Site Specific
Development Plan and Third Amended Use by Special Review Permit #542 for a Mineral
Resource Development Facility, including an Oil and Gas Support and Service Facility (oil and
gas processing facility) in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
Lot B of Corrected Recorded Exemption #3203;
being part of the SE1/4 of Section 35, Township 4
North, Range 66 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, 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 23-2-230.8 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.
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THIRD AMENDED SPECIAL REVIEW PERMIT #542 - DCP MIDSTREAM, LP
PAGE 2
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.B (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 third
amendment to an existing permitted facility. The original USR was
applied for by Associated Natural Gas Incorporated, in 1983. The
application was for a natural gas processing plant and support facilities.
The amended USR was applied for by Associated Natural Gas
Incorporated, in 1985. The application was for upgrades to the existing
facility. The second amended USR application served as a baseline for
future improvements to the site, including upgrades to the facility, and due
to a change in ownership of the facility. This third amendment to the USR
permit 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.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 Oil and Gas Support and Service as a Use by Special
Review in the A (Agricultural) Zone District.
c. Section 23-2-230.8.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The property slopes
gradually to the north with no significant topographical change. To the
north is the Platte Valley Canal and agricultural lands; to the east, west,
and south are also agricultural lands. Several USR's are in the general
vicinity of this facility. To the south, at the intersection of County Roads
40 and 35, is an oil and gas equipment storage facility for Snyder Oil
Corporation (USR-1018); to the west, connecting into this facility, is a
ten (10) inch gas line for Western Gas Supply Company (USR-958); and
one-half mile to the east is a compressor station permitted for Panhandle
Eastern Pipeline (SUP -355). There are four property owners within five
hundred feet of this facility, and the nearest residence is southwest of the
facility.
d. Section 23-2-230.B.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
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THIRD AMENDED SPECIAL REVIEW PERMIT #542 - DCP MIDSTREAM, LP
PAGE 3
municipalities. The existing site is within the three-mile referral area for
the Town of Gilcrest, which did not return a referral.
e. Section 23-2-230.B.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 Districts. The existing site is within the County -Wide
Road Impact Fee Area. 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 was acquired by the Duke Energy Field
Services Division in 1983. Previous to this acquisition, the facility was
permitted and operated by Associated Natural Gas Incorporated for
approximately twenty years.
g.
Section 23-2-230.6.7 -- 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 Third Amended Use by Special Review Permit #542 for a Mineral
Resource Development Facility, including an Oil and Gas Support and Service Facility (oil and
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 3rdAmUSR-542.
2) The plat shall be prepared per Section 23-2-260.D of the Weld
County Code.
3) The attached Development Standards.
4) The approved Screening Plan, to address the outdoor storage of
materials associated with this facility, which shall be screened
from adjacent properties, including public rights -of -way.
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THIRD AMENDED SPECIAL REVIEW PERMIT #542 - DCP MIDSTREAM, LP
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5) County Roads 35 and 40 are designated on the Weld County
Roadway Classification Plan as local roads, which require sixty
(60) feet of right-of-way at full buildout. There is presently sixty
(60) feet of right-of-way. A total of thirty (30) feet from the
centerline of County Roads 35 and 40 shall be delineated on the
plat. These roads are maintained by Weld County.
6) Section Line Access, to determine if road right-of-way exists along
the section line, and to determine the land patent date. Weld
County may, if approved by the Board, grant a Nonexclusive
License Agreement for the upgrade and maintenance of private
improvements within this right-of-way.
7) The application and the aerial view reflect two existing accesses
to the facility. The main access point from County Road 35
accommodates ingress and egress access. The access shall be
placed in such a location to have adequate sight distance in both
directions and not below the crest of a hill or where physical
obstructions are present.
8) The access width shall be a minimum of 30 feet, and radii for the
drive shall be 60 feet, to accommodate large trucks.
9) The access on County Road 35 shall be an all-weather surface
which shall extend into the site a minimum of 100 feet, with
adequate width to accommodate two-way traffic.
10) The internal roads shall enter onto County Road 35 at a 90 -
degree angle, for a minimum of one vehicle length, to provide
adequate sight distance in both directions.
11) The Department of Public Works requires that an access to a road
be a minimum of 75 feet from accesses to adjacent parcels, and a
minimum distance of 150 feet from intersections of county or state
roadways.
12) The screened trash enclosure for the facility, including an
enclosure for the miscellaneous materials utilized for maintenance
and operations.
13) The location of all on -site lighting.
B. The applicant shall submit evidence of an Air Pollution Emission Notice
(A.P.E.N.) and Emissions Permit application from the Air Pollution Control
Division of the Colorado Department of Public Health and Environment, if
applicable. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
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THIRD AMENDED SPECIAL REVIEW PERMIT #542 - DCP MIDSTREAM, LP
PAGE 5
C. The applicant shall submit a Dust Abatement Plan, for review and
approval, 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.
D. The septic system serving the office (septic permit #G830182) was
designed to serve two persons per day. The application materials
indicate that five persons will utilize the site daily. Therefore, the existing
septic system shall be reviewed by a 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 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 the wastes which are expected to be generated on the site
(this should 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.
F. The applicant shall provide written evidence of compliance with building
permits from 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.
G. The applicant shall provide the approved Lighting Plan, to address the
facility lighting, including security lighting, operational lighting and
emergency lighting.
H. The applicant shall submit two (2) paper copies of the plat, for preliminary
approval, to the Weld County Department of Planning Services.
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THIRD AMENDED SPECIAL REVIEW PERMIT #542 - DCP MIDSTREAM, LP
PAGE 6
2. Upon completion of Condition of Approval #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 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 thirty
(30) days from the date of the Board of County Commissioners Resolution. The
applicant shall be responsible for paying the recording fee.
3. 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.
4. Prior to the Certificate of Occupancy:
A. An Individual Sewage Disposal System (I.S.D.S.) is required for the
proposed facility and shall be installed according to the Weld County
I.S.D.S. Regulations. Evidence of such shall be submitted, in writing, to
the Weld County Department of Planning Services.
5. The Department of Planning Services respectfully requests the surveyor provide
a digital copy of this Third Amended Use by Special Review. Acceptable CAD
formats are .dwg, .dxf. and .dgn (Microstation); acceptable GIS formats are
ArcView shapefiles, Arclfo 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.
6. 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.
7. The Amended Use by Special Review activity shall not occur, nor shall any
building or electrical permits be issued on the property until the Third Amended
Use by Special Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder.
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THIRD AMENDED SPECIAL REVIEW PERMIT #542 - 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.
BOARD OF COUNTY COMMISSIONERS
ATTEST:
Weld County Clerk to t
e Bgatd
>.5r,
BY: Ka L..
Deputy Clerk to the Board,
APP' •Y D s.1..%s.ORM:
ounty Attorney
Date of signature: 1//,/ i
WELD yU/JT'(f.,COLORADO
illiam
_. Garcia, Chair
arara Kirkmeyer,
David E. Long
2009-0927
PL0493
SITE SPECIFIC DEVELOPMENT PLAN
THIRD AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DCP MIDSTREAM LP
3RDAMUSR #542
1. The Site Specific Development Plan and Third Amended Use by Special Review
Permit #542 is for a Mineral Resource Development Facility, including an Oil and Gas
Support and Service Facility (oil and gas processing facility) in the A (Agricultural) Zone
District, and is 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, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
6. The applicant shall operate in accordance with the approved Waste Handling Plan.
7. 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.
8. This facility shall adhere to the maximum permissible noise levels allowed in the
I (Industrial) Zone District, as delineated in Section 14-9-30 of the Weld County Code.
9. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility.
10. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
11. Adequate toilet facilities (portable toilets) shall be provided during the construction of the
facility.
12. The facility shall utilize the existing public water supply (Central Weld County Water
District).
13. 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.
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DEVELOPMENT STANDARDS - (3RDAMUSR #542)
PAGE 2
14. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
15. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
16. 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 professional engineer, shall be required.
17. A plan review shall be approved and a permit must be issued prior to the start of
construction.
18. Setback and offset distances shall be determined by the Weld County Code.
19. Buildings shall conform to the requirements of the 2006 International Building,
Residential, Mechanical, Fuel, Gas, and Energy Conservation Codes, the 2008 National
Electrical Code, and Chapter 23 of the Weld County Code.
20. A letter from the Platteville-Gilcrest Fire Protection District is required prior to submittal of
plans for review.
21. Building height, wall and opening protection, and limitations and separation of buildings
of mixed occupancy classifications shall be in accordance with the Building Code.
Setback and offset distances shall be determined by Chapter 23 of the Weld County
Code. Offset and setback distances are measured from the farthest projection from the
building.
22. The off-street parking spaces, including the access drive, shall be surfaced with gravel,
or the equivalent, and shall be graded to prevent drainage problems.
23. The owner of the property shall pay for the materials and the cost of installation for new
road access culverts whenever the installation of a culvert is made necessary by the
creation of a new access from private property to a County road, by any alteration of the
natural flow of water across private property by the owner, or for any other reason
created by any owner of private property. The culvert size will be determined in
accordance with standard engineering practices. The property owner shall be
responsible for cleaning the borrow ditch to the extent required to accommodate the
road access culvert and insuring proper drainage.
24. 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.
25. The applicant is required to comply with all Colorado Department of Health and
Environment, Water Quality Control Division, regulations regarding stormwater quality,
permitting and protection, and construction stormwater discharges.
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DEVELOPMENT STANDARDS - (3RDAMUSR #542)
PAGE 3
26. 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.
27. 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.
28. 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.
29. 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.
30. The facility will comply with the approved Lighting Plan and Section 23-3-250.D.1
(Lighting Standards) of the Weld County Code.
31. 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 15-1-180, C.R.S.
32. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
33. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
34. 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.
35. The Third 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.
36. 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.
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