HomeMy WebLinkAbout20072133.tiff RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION
Moved by Doug Ochsner 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: AmUSR-987
APPLICANT: DCP Midstream
PLANNER: Kim Ogle
LEGAL DESCRIPTION: SW4 SW4 Section30, T3N R63W of the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and an Amended Special Review Permit for a
Mineral Resource Development Facility including an Oil and Gas Support and
Service Facility(Natural Gas Processing Facility)in the A(Agricultural)Zone District.
LOCATION: North of and adjacent to CR 28 and East of and adjacent to CR 61.
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 "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 a Special Review Permit for
a Mineral Resource Development Facility including a Natural Gas Processing Facility
in the A(Agricultural)Zone District is an amendment to an existing permit.
(a) USR-987 for the Natural Gas Processing Facility identified as the Enterprise Gas
Processing Plant was approved by the Board of County Commissioner's
Resolution in November 1992 for Snyder Oil Company.
This application addresses the current on-site conditions, and serves as a baseline
for future improvements to the site. Upgrades to the facility addressed under this
application are for on-going modernization of the material distribution system and
upgrades as required by the Oil and Gas Commission for regulatory compliance.
These modifications will not increase truck trips per day. Further, the new
application was required by the Department of Planning Services due to a change
in ownership of the facility and previous modifications to the facility.
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 a Mineral Resource Development Facility including Oil and Gas Support and
Service (Natural Gas Processing Facility) 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. To the north, east and south are agricultural lands
with oil and gas encumbrances and dryland agriculture;to the west are three existing
USRs. AmUSR-386 is for Coors Energy Company for a Fly Ash Facility; USR-1160
is also for Coors Energy for a surface coal mine and USR-1285 is for Lambland to
operate a Landfill. There are four property owners within five hundred feet of this
facility. No letters or telephone calls were received from adjacent property owners.
Should concerns be raised,the Conditions of Approval and Development Standards
ensure that there are adequate provisions in place to address the concerns of
adjacent and surrounding property owners.
EXHIBIT
2007-2133 'Ii�•A.3li+to
Resolution AmUSR-987
DCP Midstream
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 not within the three mile
referral area of an incorporated municipality.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld
County Code. The existing site is within the County Road Impact Fee Area and the
Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. Effective
January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-
11) 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. (Ordinance 2005-8, Section 5-8-40)
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 facility was acquired
by the Duke Energy Field Services Division in the early 1990s. Previous to this acquisition
the facility was permitted and operated by Snyder Oil Company and Associated Natural Gas,
Inc.
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's 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. The plat shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
2. The plat shall be labeled AmUSR-987. (Department of Planning Services)
3. The attached Development Standards. (Department of Planning Services)
4. The approved Screening Plan, to address the outdoor storage of materials,
associated with this facility shall be screened from adjacent properties, and the
public rights-of-way. (Department of Planning Services)
5. The approved Sign Plan for all Facility identification signs. (Department of Planning
Services)
6. County Road 18 is designated on the Weld County Road Classification Plan as a
local paved road, which requires 60 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way. All setbacks shall be measured from the edge of
future right-of-way. The applicant shall verify the existing right-of-way and the
documents creating the right-of-way. This road is maintained by Weld County.
(Department of Public Works)
(g) County Road 59 is designated on the Weld County Road Classification Plan as a
local paved road, which requires 60 feet of right-of-way at full build out. There is
Resolution AmUSR-987
DCP Midstream
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presently 60 feet of right-of-way. The applicant shall verify the existing right-of-way
and the documents creating the right-of-way. All setbacks shall be measured from
the edge of future right-of-way. This road is maintained by Weld County.
County Road 59, at the cattle guard, changes to a private access to the Gutterson
Ranch area,which provides access to the Coors Mine,Waste Management,and A-1
Organics. This private road access appears to provide access to the DCP
Midstream also. The Weld County Public Works Department has road maintenance
agreements with the Coors Mine,Waste Management, and A-1 Organics for heavy
hauling from their facilities associated with County Roads 18 and 59. The DCP
Midstream is identifying only one semi truck per day utilizing the facility. Therefore,
the Weld County Public Works Department is not requiring a road maintenance
agreement for this facility at this time. (Department of Public Works)
(h) The screened trash enclosure for the facility complying with the Weld County Code.
(Department of Planning Services)
9) 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. (Department of Planning
Services)
B. The applicant shall provide current evidence to the Department of Public Health and
Environment and the Department of Planning Services that the facility has an adequate water
supply (i.e., well or community water system). (Department of Public Health and
Environment)
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. Alternately, the applicant can provide evidence
from the APCD that they are not subject to these requirements. Written evidence of approval
shall be submitted to the Department of Planning Services.(Department of Public Health and
Environment)
D. The Environmental Health Services Division was unable to locate a septic permit for the
septic system serving the office. The 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 systems 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.
-or-
An individual sewage disposal system is required for the office and shall be installed
according to the Weld County Individual Sewage Disposal Regulations. The septic system
is required to be designed by a Colorado Registered Professional Engineer according to the
Weld County Individual Sewage Disposal Regulations. Written evidence of approval shall
be submitted to the Department of Planning Services. (Department of Public Health and
Environment)
E. The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health & Environment.
Written evidence of approval shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
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& Environment. The plan
shall include at a minimum, the following:
Resolution AmUSR-987
DCP Midstream
Page 4
1. A list of wastes which are expected to be generated on 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 site.
3. The waste handler and facility where the waste will be disposed(including the facility
name, address,and phone number). Evidence of such shall be submitted in writing
to the Weld County Department of Planning Services. (Department of Public Health
and Environment)
G. The applicant shall indicate specifically on the plat the type of right-of-way/easement and
indicate whether it is dedicated,private,or deeded to provide adequate access to the parcel.
Section line accesses are considered private lanes with no county maintenance.The right-of-
way or easement shall be a graded and drained road to provide an all-weather access.
(Department of Public Works)
H. The applicant shall address the concerns of the Department of Public Works as outlined in
their referral dated March 30, 2007. Truck parking and loading facilities should be
adequately graveled and should be graded to prevent drainage problems.Written evidence
of approval by the Department of Public Works shall be submitted in writing to the Weld
County Department of Planning Services. (Department of Public Works)
The applicant shall address the concerns of the Weld County Sheriffs office as outlined in
their referral dated April 1, 2007. Written evidence of approval shall be submitted to the
Department of Planning Services. (Department of Planning Services)
J. The applicant shall submit a Screening Plan to the Department of Planning Services, to
address the outdoor storage of materials, associated with this facility shall be screened from
adjacent properties, and the public rights-of-way. (Department of Planning Services)
K. The applicant shall Submit a Sign Plan to the Department of Planning Services, for all Facility
identification signs, including location and size. (Department of Planning Services)
L. 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. One month prior to construction activities:
A. A stormwater discharge permit may be required for a development/redevelopment
/construction site where a contiguous or non-contiguous land disturbance is greater than or
equal to one acre in area. Contact the Water Quality Control Division of the Colorado
Department of Public Health and the Environment at www.cdphe.state.co.us/wq/PermitsUnit
for more information. Written evidence of approval shall be submitted to the Department of
Planning Services. (Department of Public Health and Environment)
3. Upon completion of 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 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 thirty(30)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 mapseco.weld.co.us. (Department of Planning Services)
Resolution AmUSR-987
DCP Midstream
Page 5
5. 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)
(f) 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 Commissioner
Resolution was signed a $50.00 recording continuance charge shall be added for each additional 3
month period. (Department of Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DCP Midstream (Enterprise Facility)
AmUSR-987
1. The Request for a Site Specific Development Plan and an Amended Special Review Permit for a
Mineral Resource Development Facility including an Oil and Gas Support and Service Facility(Natural
Gas Processing Facility)in the A(Agricultural)Zone District,as indicated in the application materials
on file 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". (Department of
Public Health and Environment)
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. (Department of Public
Health and Environment)
8. The operation shall comply 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 purposes.
(Department of Public Health and Environment)
11. Adequate handwashing and toilet facilities shall be provided for employees. (Department of Public
Health and Environment)
12. Sewage disposal for the facility shall be by septic system. 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)
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)
(n) 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)
(o) The applicant is required to comply with all Colorado Department of Health and Environmental
(CDPHE)regulations regarding berming and spill prevention for materials and liquids stored on site.
(Department of Public Works)
(p) 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 Public Works)
(q) The applicant is required to comply with all Colorado Department of Health and Environment,Water
Quality Control Division regulations regarding storm water quality permitting and protection and
construction storm water discharges. (Department of Public Works)
(r) A building permit will be required for all new buildings on site. A building permit will also be required
for additional equipment that will require a foundation. (Department of Building Inspection)
(s) A plan review is required for each building. Plans will require the wet stamp of a Colorado registered
architect or engineer. (Department of Building Inspection)
(t) Buildings shall conform to the requirements of the codes adopted by Weld County at the time of
permit application. (Department of Building Inspection)
(u) Fire resistance of walls and openings, construction requirements, maximum building height and
allowable areas will be reviewed at the plan review. (Department of Building Inspection)
(v) Provide letter of approval from Southeast Weld Fire Protection District prior to applying for building
permits. (Department of Building Inspection)
(w) Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the County Road Impact Fee Program. (Department of Planning Services)
(x) 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.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
(y) The facility operates twenty-four(24)hours a day,seven (7)days a week as stated in the application
materials. (Department of Planning Services)
(z) The Enterprise Plant Facility is limited to one (1) full-time employee as stated in the application
materials. (Department of Planning Services)
(aa) The Enterprise Plant Facility is limited to one(1)truck per day as stated in the application materials.
(Department of Planning Services)
(bb) 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)
29. 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)
30. Personnel from Weld County Government 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. (Department of
Planning Services)
31. 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)
32. 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)
AMUSR-987, DCP MIDSTREAM page 7
Motion seconded by Tom Holton.
VOTE:
For Passage Against Passage Absent
Chad Auer -Chair
Doug Ochsner-Vice Chair
Paul Branham
Erich Ehrlich
Bruce Fitzgerald
Tom Holton
Mark Lawley
Roy Spitzer
James Welch
The Chair declares the resolution passed and orders that a certified copy be placed in the file of this case to
serve as a permanent record of these proceedings.
CERTIFICATION OF COPY
I, Donita May, 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 June 19, 2007.
Dated
� 19the 19th ofJune, 2007.
t
Donita May
Secretary
AMUSR-987, DCP MIDSTREAM page 8
is /9—D-L\i7
CONSENT rams
LMS
CASE NUMBER: USR-1611
APPLICANT: Parker/Dersham - Hall-Irwin Corporation
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION:AMSE-656 part SE4; Lot B of AMRE-4290 part SE4;and Lot B of RE-1352 part SW4
NE4, all in Section 36, T1 N, R67W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review Permit for a Mineral
Resource Development facility including Gravel Mining,export&import of materials,
scale house and office in the A(Agricultural)Zone District.
LOCATION: Multiple parcels generally located East of and adjacent to CR 23.5; North of and
adjacent to CR 2 (Baseline Road); and South of CR 23.75.
CASE NUMBER: USR-1612
APPLICANT: Brent Haugen
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot 29 Casa Grande Estates 1st Addition of Section 17,T2N, R67W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for a Home Business
(Vehicle Repair) in the A(Agricultural)Zone District.
LOCATION: Approximately 1/4 mile east of CR 15 and approximately 1/4 mile south of CR 22.
CASE NUMBER: USR-1614
APPLICANT: Russell L Gurtler Jr Trust& Dorthy K Gurtler Trust
PLANNER: Michelle Martin
LEGAL DESCRIPTION: S2 of the SE4 of Section 24, T3N, R65W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a Mineral Resource
Development Facility including an Oil and Gas Storage Facility in the A(Agricultural)
Zone District.
LOCATION: North of and adjacent to CR 30 and West of and adjacent to CR 49.
CASE NUMBER: AmUSR-987
APPLICANT: DCP Midstream
PLANNER: Kim Ogle
LEGAL DESCRIPTION: SW4 SW4 of Section30, T3N R63W of the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and an Amended Special Review Permit for a
Mineral Resource Development Facility including an Oil and Gas Support and
Service Facility(Natural Gas Processing Facility)in the A(Agricultural)Zone District.
LOCATION: North of and adjacent to CR 28 and East of and adjacent to CR 61.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Doug Ochsner moved that the Consent Items, including Case USR-1611, USR-1612, USR-1614 and AmUSR-
987, be forwarded to the Board of County Commissioners along with the Conditions of Approval and
Development Standards with the Planning Commission's recommendation of approval. Tom Holton seconded
the motion.
L S
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul
Branham,yes; Erich Ehrlich,yes; Bruce Fitzgerald,yes;Tom Holton, yes; Mark Lawley,yes;Roy Spitzer,yes;
Doug Ochsner, yes, with comment; Chad Auer, yes. Motion carried unanimously.
Doug Ochsner said he would like to compliment the Planning Staff on the Consent Agenda as this
demonstrated how hard they had worked with all of the applicants prior to the hearing to resolve any issues.
Bruce Fitzgerald echoed Mr. Ochsner's comment.
HEARING ITEMS
Specific time for public input has been set aside for discussion on the following items:
CASE NUMBER: USR-1615
APPLICANT: Horton Farms II LLC
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Part of the SW4 of Section 28,T2N,R64W of the 6th P.M.,Weld County,Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for a Use by Right, an
accessory use, or a Use by Special Review in the Commercial or Industrial Zone
District(manufacturing of landscape blankets) in the (A)Agricultural Zone District.
LOCATION: South of and adjacent to 1-76 Frontage Road and approximately 1/4 mile east of CR
53.
Jacqueline Hatch, Department of Planning said Horton Farms II LLC c/o Steve Parry has applied for a Site
Specific Development Plan and a Special Review Permit for a Use by Right, an Accessory Use, or a Use by
Special Review in the Commercial or Industrial Zone District(manufacturing of landscape blankets) in the A
(Agricultural)Zone District.
The sign announcing the Planning Commission hearing was posted on June 5, 2007 by staff.
The site is located South of and to adjacent to 1-76 Frontage Road and approximately 1/4 mile East of County
Road 53.
The Department of Planning Services'Staff recommends that this request be denied for the following reason:
Section 23-2-240.A.1 --Adequate water service in terms of quality, quantity and dependability is available to
the site to serve the uses permitted.
The site currently does not have a well on site. As stated in the referral dated May 7, 2007 from the State of
Colorado Division of Water Resources "According to the submitted information, the site will be served by a
domestic well. From the submitted information it is unclear if there is an exiting domestic well located on the
property or if a new well will be constructed. Given the proposed uses at the site a nonexempt commercial
well permit approved pursuant to C.R.S.37-90-137 will be required. Unless the applicant seeks a well permit
for a non-tributary source, a court approved augmentation plan will be required in order to obtain a well permit
for the proposed uses. According to the files of the State Engineer's Office the applicant has not yet submitted
a well permit application to change the use of an existing well or to construct a new well at the site. The ability
of the applicant to obtain a well permit for a commercial use will be evaluated at the time the well permit
application is submitted to the State Division of Water Resources.
No letters have been received from surrounding property owners.
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