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RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1561 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING
AN OIL AND GAS SUPPORT AND SERVICES FACILITY IN THE A(AGRICULTURAL)
ZONE DISTRICT- STREAR FARMS COMPANY, CIO DCP MIDSTREAM, F/K/A DUKE
ENERGY FIELD SERVICES, INC.
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 4th day of
October, 2006, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Strear Farms Company, c/o Duke Energy Field Services, Inc., 1324 North 7th
Avenue, Greeley, Colorado 80631, for a Site Specific Development Plan and Use by Special
Review Permit #1561 for a Mineral Resource Development Facility, including an Oil and Gas
Support and Service Facility, in the A (Agricultural) Zone District on the following described real
estate, being more particularly described as follows:
Part of the SE1/4 SE1/4 of Section 10, Township 2
North, Range 67 West of the 6th P.M.,Weld County,
Colorado
WHEREAS, at said hearing on October 4, 2006, at the request of the applicant, the Board
deemed it advisable to continue the matter to December 6, 2006, at 10:00 a.m., to allow the
applicant additional time to continue working to resolve concerns expressed by the surrounding
property owners at the Planning Commission hearing, and to present the application before a full
quorum of the Board, and
WHEREAS, on December 6, 2006, at the request of the applicant, the Board deemed it
advisable to continue the matter to March 28, 2007, then to August 1, 2007, to allow the applicant
additional time to address sound concerns at the site, and
WHEREAS, on the 1st day of August, 2007, DCP Midstream, formerly known as Duke
Energy Field Services, Inc., was represented by Patrick Groom, Witwer, Oldenburg, Barry, and
Johnson, LLP, 822 7th Street, Suite 760, Greeley, Colorado 80631, at said hearing, 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.
2007-0043
PL1855
SPECIAL REVIEW PERMIT#1561 -STREAR FARMS COMPANY, C/O DCP MIDSTREAM, F/K/A
DUKE ENERGY FIELD SERVICES, INC.
PAGE 2
2. It is the opinion of the Board of County Commissioners that the applicant has shown
compliance with Section 23-2-230.6 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.
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 is for a Site Specific Development Plan and Use by Special
Review Permit for a Mineral Resource Development Facility, including an Oil
and Gas Support and Services Facility, in the A(Agricultural)Zone District.
This application was required by the Department of Planning Services due
to a change in ownership of the facility, from Associated Natural Gas to
Duke Energy Field Services, now known as DCP Midstream.
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 an Oil and Gas Support and Services Facility as a Use by
Special Review in the A(Agricultural)Zone District.
c. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The property is adjacent to Weld
County Road 22 right-of-way on lands owned by the Strear Farms
Company. In all directions, agricultural lands dominate, and there are
numerous oil and gas production facilities on adjacent and surrounding
lands. Operators include Pan Handle Eastern and Kerr-McGee Rocky
Mountain Corporation. All operators have a Use by Special Review Permit
in place, or are operating as a Use by Right in the A (Agricultural) Zone
District. There are twenty-two (22) property owners within 500 feet of this
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 municipalities. The
existing site is within the three-mile referral area of the Towns of Frederick
and Firestone and the City of Fort Lupton. The City of Fort Lupton and
Town of Frederick stated they had reviewed the request and found no
conflicts with their interests. The Town of Firestone did not respond to the
referral request.
2007-0043
PL1855
SPECIAL REVIEW PERMIT#1561 -STREAR FARMS COMPANY,C/O DCP MIDSTREAM, F/K/A
DUKE ENERGY FIELD SERVICES, INC.
PAGE 3
e. Section 23-2-230.B.5--The application complies with Chapter 23,Article V,
of the Weld County Code. 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 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.
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 a one(1)acre lease parcel surrounded by lands
utilized as a Turkey Farm (SUP-64, approved in 1970).
g. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval, and Development Standards 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 Strear Farms Company, c/o Duke Energy Field Services,
Inc., fora Site Specific Development Plan and Use by Special Review Permit#1561 fora Mineral
Resource Development Facility, including an Oil and Gas Support and Services 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 prepared in accordance with Section 23-2-260.D of the
Weld County Code.
B. The applicant shall submit a letter requesting that the one (1) acre lease
parcel be vacated from lands associated with SUP-64 for Strear Farm, in
care of ConAgra, Inc., for action by the Board of County Commissioners.
C. All sheets of the plat shall be labeled USR-1561.
D. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The approved Screening Plan, to address the outdoor storage of
materials associated with this facility. All materials shall be screened
from adjacent properties, including the public rights-of-way.
2007-0043
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SPECIAL REVIEW PERMIT#1561 -STREAR FARMS COMPANY,C/O DCP MIDSTREAM, F/K/A
DUKE ENERGY FIELD SERVICES, INC.
PAGE 4
3) Weld County Road 22 is designated on the Weld County Road
Classification Plan as a local gravel road, which requires a 60-foot
right-of-way at full build out. There is presently sixty(60)feet of right
of-way. This road is maintained by Weld County.
4) The screened trash enclosure for the facility.
5) A graphic key and/or symbol serving to identify each component that
is located within the Use by Special Review Permit boundary. The
key and corresponding component shall be summarized in tabular
format and be clearly delineated on the plat.
6) The off-street parking spaces, including the access drive and
internal circulation, shall be delineated on the plat.
E. The applicant shall verify the number of large trucks utilizing the facility on
a daily basis. This information shall be submitted to the Department of
Public Works. The approval and stipulations concerning this approval shall
be submitted to the Department of Planning Services.
F. 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 Public Health and
Environment. Alternatively, the applicant can provide evidence from the
APCD that they are not subject to these requirements. Evidence of approval
shall be submitted, in writing, to the Weld County Department of Planning
Services.
G. 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 approval shall be submitted, in
writing, to the Weld County Department of Planning Services.
H. 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
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
(including the facility name, address,and phone number). Evidence
2007-0043
PL1855
SPECIAL REVIEW PERMIT#1561 -STREAR FARMS COMPANY, C/O DCP MIDSTREAM, F/K/A
DUKE ENERGY FIELD SERVICES, INC.
PAGE 5
of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
The applicant shall provide evidence of approval by the Department of
Public Works concerning the on-site access, circulation, and stormwater
drainage, as addressed in the memorandum dated May 12, 2006. Written
evidence of approval shall be submitted to the Weld County Department of
Planning Services.
J. The applicant shall submit a Screening Plan to the Department of Planning
Services for review and approval. Upon approval, the Screening Plan
information shall be graphically delineated on the plat.
K. The applicant shall address the concerns and requirements of the Fort
Lupton Fire Protection District, as stated in its referral dated June 15, 2006.
Written evidence of compliance with its regulations shall be submitted to the
Department of Planning Services.
L. The applicant shall submit two sets of construction and site plans to the Fort
Lupton Fire Protection District for review and approval. Written evidence of
compliance with its regulations shall be submitted to the Department of
Planning Services.
M. The applicant shall submit evidence to the Department of Planning Services
stating the facility is in compliance with the Colorado Department of Public
Health and Environment, Air Pollution Control Division, specific to the
federally-mandated program addressing the Weld County Air Quality
Containment Area.
N. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
O. The applicant shall submit evidence, to the Department of Planning
Services, stating the facility is in compliance with the regulatory noise
standards of the Colorado Oil and Gas Conservation Commission.
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 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. The Department of Planning Services respectfully requests the surveyor provide a
digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf,
2007-0043
PL1855
SPECIAL REVIEW PERMIT#1561 -STREAR FARMS COMPANY,C/O DCP MIDSTREAM, F/K/A
DUKE ENERGY FIELD SERVICES, INC.
PAGE 6
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.
4. 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.
5. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat is
ready to be recorded in the office of the Weld County Clerk and Recorder.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 1st day of August, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
fai:// W COUNTY, CO ORADO
ATTEST: �,�
1/49 avid E. Long, Chair
Weld County Clerk to the ale€4 '1Y/
BY: 1 E William per, Pro-T m
De ty CI to the Board I
L.)?
Wi iam Garcia
AOD AS TO Q
Robert . Masden
ou ytn A torney
X
ry\c l�
DouglasdRademach
Date of signature: cbt l07
2007-0043
PL1855
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
STREAR FARMS COMPANY
C/O DCP MIDSTREAM, F/K/A DUKE ENERGY FIELD SERVICES, INC.
USR#1561
1. The Site Specific Development Plan and Use by Special Review Permit #1561 is for a
Mineral Resource Development Facility, including an Oil and Gas Support and Services
Facility, in the A(Agricultural)Zone District, as indicated in the application materials on file
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 that 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 operation shall comply with all State of Colorado noise control regulations.
8. Bottled water shall be provided for employees that maintain the site.
9. 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.
10. The applicant shall operate in accordance with the approved Waste Handling Plan.
11. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
12. The operation shall comply with all applicable rules and regulations from the Weld County
Code, Air Pollution Control Division of the Colorado Department of Public Health and
Environment, and the Environmental Protection Agency.
13. A building permit shall be obtained prior to doing any new work. Building permits will not
be required for the replacement of existing equipment, or for the maintenance or repair of
existing equipment.
2007-0043
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DEVELOPMENT STANDARDS - STREAR FARMS COMPANY, C/O DUKE ENERGY FIELD
SERVICES, INC. (USR#1561)
PAGE 2
14. A plan review is required for each permit application. Plans shall bear the wet stamp of a
Colorado registered architect or engineer. Two complete sets of floor plans and plot plans
are required when applying for the permit.
15. Buildings shall conform to the requirements of the 2006 International Building, Mechanical,
and Plumbing Code, 2005 National Electrical Code, and Chapter 29 of the Weld County
Code.
16. Building height and setback and offset distances shall be determined by the Weld County
Code. Separation of buildings of mixed occupancy classifications shall be in accordance
with Table 302.3.3 of the 2006 International Building Code.
17. The facility shall comply with the 2003 International Fire Code (2003 IFC); Section 606
Mechanical Refrigeration(2003 IFC); Chapter 32 Cryogenic Fluids(2003 IFC); Chapter 34
Flammable and Combustible Liquids(2003 IFC);Chapter 35 Flammable Gases(2003 IFC),
and any additional referenced publications.
18. 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.
19. 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.
20. The facility shall maintain compliance with the Colorado Department of Public Health and
Environment, Air Pollution Control Division, specific to the federally-mandated program
addressing the Weld County Air Quality Containment Area at all times.
21. 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 Chapter 15, Articles I and II, of the Weld County Code.
22. The facility shall comply with the Landscape and Screening Plan at all times.
23. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
24. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
25. 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.
26. The Use by Special Review area shall be limited to the plans shown hereon, and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards, as shown or stated, shall require the
approval of an amendment of the Permit by the Weld County Board of County
2007-0043
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DEVELOPMENT STANDARDS - STREAR FARMS COMPANY, C/O DUKE ENERGY FIELD
SERVICES, INC. (USR#1561)
PAGE 3
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.
27. 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.
2007-0043
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