HomeMy WebLinkAbout20252599.tiff Resolution
Approve Use by Special Review Permit, USR23-0041, for Oil and Gas Support and
Service (compressor station) outside of subdivisions and historic townsites in the
A (Agricultural) Zone District— DCP Operating Company, 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 24th day of
September, 2025, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose
of hearing the application of DCP Operating Company, LP, 6900 East Layton Avenue,
Suite 900, Denver, Colorado 80237, for Use by Special Review Permit, USR23-0041, for
Oil and Gas Support and Service (compressor station) outside of subdivisions and historic
townsites in the A (Agricultural)Zone District, on the following described real estate, being
more particularly described as follows:
Part of the SW1/4 of Section 25, Township 4 North, Range 66 West of the
6th P.M., Weld County, Colorado
Whereas, at said hearing, the applicant was represented by Patrick Groom, Witwer,
Oldenburg, Barry and Groom, LLP, 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. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B 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.
1) Section 22-2-30.A.1 states: "Land use changes should not inhibit
agricultural production nor operations."The request for a compressor
station does not inhibit agricultural production or operations. The
proposal is located on rangeland and has recently been a part of a
Use by Special Review (USR) for Open Mining (topsoil),
ec-.PL0E 4Jma/DA/MN1/KR), cP(Kµ), 2025-2599
SR(SG), APR-. PL2968
t01/2.5
Use by Special Review Permit, USR23-0041 - DCP Operating Company, LP
Page 2
USR23-0018, recorded December 20, 2023, via Reception number
4936562. The Board of County Commissioners approved a partial
vacation of the USR on July 21, 2025, resulting in approximately 40
acres being vacant. The property has not recently been farmed and,
therefore, the proposed use will not negatively impact agricultural
production and operations.
2) Section 22-2-60.B states: "Support responsible energy and mineral
development." The request for a compressor station supports the
local economy and the oil and gas industry by supporting the service
of energy development and providing an alternative fuel source.
3) Section 22-2-60.B.3 states: "Require that energy and mineral
resource development conserve the land and minimize the impact
on surrounding land and the existing surrounding land uses." The
proposed compressor station is located in an area of the County that
already contains oil and gas operations and facilities. The proposed
site is surrounded by agricultural fields and few residents. Once the
construction is completed disturbed areas will be reseeded with a
native seed mix.
B. Section 23-2-230.B.2—The proposed use is consistent with the intent of the
A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states: "Agriculture in the County is
considered a valuable resource, which must be protected from
adverse impacts resulting from uncontrolled and undirected
business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as
an essential feature of the county. The A (Agricultural) Zone District
is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production, and
for areas for natural resource extraction and energy development,
without the interference of other, incompatible land uses."
2) Section 23-3-40.V — Uses by Special Review of the Weld County
Code allow for an "Oil and Gas Support and Service" facility in Lots
outside of a subdivision and historic townsite in the A (Agricultural)
Zone District. This Code Section allows the applicant to apply for the
Pintail Compressor Station, which directly supports the oil and gas
industry in energy development. Section 23-1-90 states that Oil and
Gas Support and Service includes natural gas compressor stations,
which allows the applicant to apply for a compressor station.
2025-2599
PL2968
Use by Special Review Permit, USR23-0041 — DCP Operating Company, LP
Page 3
C. Section 23-2-230.B.3 —The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of
pastures, crops, and rural residences. There are two (2) residences that are
approximately 0.30 miles from the subject property line, one (1) to the west
of the subject property, and one (1) to the south. There is currently a USR
on the property for Open Mining (USR23-0018). The applicant has
submitted a partial vacation for the USR that was approved by the Board of
County Commissioners on July 21, 2025. The map outlining the partial
vacation has been reviewed and accepted by planning staff. Within one (1)
mile of the subject property there are eight (8) USRs with the uses, including
a dairy for up to 800 cows (SUP-442), a natural gas compression station
(SUP-355), two (2) greater than 12-inch high pressure natural gas pipelines
(USR17-0050 and USR18-0094), a non-1041 major facility (USR12-0006),
a natural gas processing facility (USR-355AM), and a mineral resource
development facility (SMJUSR17-83-542). The Weld County Department of
Planning Services sent notice to eight (8) surrounding property owners
(SPOs) within 500 feet. One (1) letter was received on December 18, 2023,
outlining concerns regarding the property owner's son being extremely
sensitive to noise, the property owner suffering from migraines, and the
proposed project producing too much noise for herself and her son. This
letter was originally sent to the applicant on December 21, 2023. The
proposed use is in an area that can support this development the Conditions
of Approval and Development Standards will assist in mitigating the impacts
of the facility on the adjacent properties and ensure compatibility with
surrounding land uses and the region.
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. This site is located within the three (3) mile referral area of
the Town of Gilcrest and is located within the Coordinated Planning Area of
the Town of Gilcrest and the City of Evans. The applicant submitted a Notice
of Inquiry (NOI) form, dated August 4, 2023, from the City of Evans stating
the property is located outside the Evans Urban Growth Boundary, and they
would not like to pursue annexation at this time. The Town of Gilcrest did
not submit a NOI or referral agency response. The site is located outside of
the Town of Gilcrest's and the City of Evans's Growth Management Areas,
as shown on their respective future land use maps.
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within any
recognized overlay districts, including the Geologic Hazard Overlay District,
2025-2599
PL2968
Use by Special Review Permit, USR23-0041 - DCP Operating Company, LP
Page 4
the Special Flood Hazard Development Overlay area, the Airport Overlay
District, Historic Townsites Overlay District, 1-25 Overlay District, the
Municipal Separate Storm Sewer Systems (MS4) defined boundary or
Agricultural Heritage Overlay District. Building Permits issued on the lot will
be required to adhere to the fee structure of the County-Wide Road Impact
Fee, County Facility Fee, and Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed facility is located on a parcel with approximately 17 acres
designated as Vona loamy sand (0-3%) low slopes, that are designated as
"Farmland of local importance", and approximately three (3) acres
designated as Valent sand (3-9%) moderate slopes, that are designated as
"Not prime farmland". The proposed use is temporary, and soils will not be
unduly removed from the property. After the lease period, the land can be
returned to historic uses.
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 can ensure that
there are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County. This proposal
has been reviewed by the appropriate referral agencies, and it has been
determined that the attached 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 and will address and mitigate impacts on the surrounding area with
the operation of this facility.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the application of DCP Operating Company, LP, for Use by Special Review
Permit, USR23-0041, for Oil and Gas Support and Service (compressor station) outside
of subdivisions and historic townsites 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 map:
A. The applicant shall address the comments from Weld County Office of
Emergency Management, as stated in the referral response, dated
August 20, 2025. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
2025-2599
PL2968
Use by Special Review Permit, USR23-0041 — DCP Operating Company, LP
Page 5
B. A Road Maintenance Agreement, for construction only, is required at this
location. Road maintenance includes, but is not limited to, dust control and
damage repair to specified haul routes.
C. If applicable, the applicant shall submit a recorded copy of a License
Agreement from the property owner of the contiguous parcel to the west
(Parcel number 105725300020). The License Agreement shall be for the
benefit of the subject parcel and shall provide legal access (for ingress,
egress, and utilities) from the subject parcel to County Road 35 and shall
be referenced on the USR map by the Weld County Clerk and Recorder's
Reception number.
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR23-0041.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate the trash collection areas on the map.
Section 23-3-350.H of the Weld County Code addresses the issue of
trash collection areas.
5) The map shall delineate the proposed landscaping and screening.
6) The map shall delineate the lighting.
7) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2, of the Weld County Code.
8) The applicant shall show and label the location of any emergency
and site identification signage.
9) The map shall delineate the off-street parking area for the employees
with surface type.
10) The applicant shall show and label all recorded easements and
rights-of-way on the map by book and page number or Reception
number and recording date.
11) County Road 35 is a gravel road and is designated on the Weld
County Functional Classification Map as a collector road, which
requires 80 feet of right-of-way at full buildout. The applicant shall
2025-2599
PL2968
Use by Special Review Permit, USR23-0041 — DCP Operating Company, LP
Page 6
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map. All setbacks shall be measured
from the edge of the right-of-way. This road is maintained by Weld
County.
12) The applicant shall show and label the approved County Road 35
access, the approved access width at the right-of-way, and the
appropriate turning radii (65'). Label the access as, "COMMERCIAL
ACCESS".
13) The applicant shall show and label the approved tracking control on
the site plan.
14) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
15) The applicant shall show and label (with the Weld County Clerk and
Recorder's Reception number) the limits of the License Agreement
needed to provide legal access to the subject parcel, if applicable.
16) The applicant shall show and label the accepted drainage features.
Stormwater ponds should be labeled as, "Stormwater Detention,
No-Build or Storage Area" and shall include the calculated volume.
17) The applicant shall show and label the site drainage flow arrows.
18) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map the applicant
shall submit a Mylar map along with all other documentation required as Conditions
of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of. Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar map and additional requirements shall be submitted
within 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
2025-2599
PL2968
Use by Special Review Permit, USR23-0041 - DCP Operating Company, LP
Page 7
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be
recorded within the specified timeline from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance fee shall be added for
each additional three (3)-month period.
4. The Use by Special Review Permit is not perfected until the Conditions of Approval
are completed and the map is recorded. 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 or the applicant has been approved for an early release agreement.
5. Prior to Construction:
A. The applicant shall obtain a Weld County Access Permit.
B. The approved access and tracking control shall be constructed.
C. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
Use by Special Review Permit
Development Standards
DCP Operating Company, LP
USR23-0041
1. Use by Special Review Permit, USR23-0041, is for Oil and Gas Support and
Service (compressor station) outside of subdivisions and historic townsites in the
A (Agricultural) Zone District.
2. Approval of this plan may create a vested property right, pursuant to
Section 23-8-10 of the Weld County Code.
3. This is an unmanned facility, according to the application materials.
4. The facility will operate 24 hours per day, 7 days per week, according to the
application materials.
5. All signs shall adhere to Chapter 23, Article IV, Division 2, of the Weld County
Code.
6. Sources of light shall be shielded so that light rays will not shine directly onto
adjacent properties where such would cause a nuisance or interfere with the use
on the adjacent properties in accordance with the plan. Neither the direct, nor
reflected, light from any light source may create a traffic hazard to operators of
2025-2599
PL2968
Use by Special Review Permit, USR23-0041 — DCP Operating Company, LP
Page 8
motor vehicles on public or private streets. No colored lights may be used, which
may be confused with, or construed as, traffic control devices.
7. The property owner or operator shall be responsible for controlling noxious weeds
on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
8. The access to the site shall be maintained to mitigate any impacts to the public
road, including damages and/or off-site tracking.
9. There shall be no parking or staging of vehicles on public roads. On-site parking
shall be utilized.
10. Any work that may occupy and/or encroach upon any County rights-of-way or
easement shall require an approved Right-of-Way Use Permit, prior to
commencement.
11. The property owner shall comply with all requirements provided in the executed
Road Maintenance Agreement (Construction).
12. The Road Maintenance Agreement for this site may be reviewed on an annual
basis, including a site visit and possible updates.
13. 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
stormwater runoff.
14. Weld County is not responsible for the maintenance of on-site drainage related
features.
15. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal
in a manner that protects against surface and groundwater contamination.
16. 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, C.R.S. §30-20-100.5.
17. Waste materials shall be handled, stored, and disposed of in a manner that
controls fugitive dust, blowing debris, and other potential nuisance conditions. The
facility shall operate in accordance with Chapter 14, Article I of the Weld County
Code.
2025-2599
PL2968
Use by Special Review Permit, USR23-0041 — DCP Operating Company, LP
Page 9
18. Fugitive dust should attempt to be confined on the property. Uses on the property
should comply with the Colorado Air Quality Commission's Air Quality Regulations.
19. The applicant shall submit an Air Pollution Emission Notice (APEN) and Emissions
Permit Application and obtain a permit from the Air Pollution Control Division of the
Colorado Department of Public Health and Environment, as applicable.
20. Adequate drinking, handwashing and toilet facilities shall be provided for
employees and patrons of the facility, at all times. As employees or contractors are
on site for less than two (2) consecutive hours a day portable toilets and bottled
water are acceptable. Records of maintenance and proper disposal for portable
toilets shall be retained on a quarterly basis and available for review by the Weld
County Department of Public Health and Environment. Portable toilets shall be
serviced by a cleaner licensed in Weld County, contain hand sanitizers and be
screened from existing adjacent residential properties and public rights-of-way.
21. All chemicals must be handled in a safe manner in accordance with product
labeling. All chemicals must be stored secure, on an impervious surface, and in
accordance with manufacturer's recommendations.
22. Secondary containment shall be constructed around tanks to provide containment
for the largest single tank and sufficient freeboard to contain precipitation.
Secondary containment shall be sufficiently impervious to contain any spilled or
released material. Secondary containment devices shall be inspected at regular
intervals and maintained in good condition. All secondary containment shall
comply with the Energy and Carbon Management Commission (ECMC)
Commission Rules.
23. The facility shall comply with all provisions of the State Underground and Above
Ground Storage Tank Regulations.
24. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone, as delineated in Section 14-9-40 of the Weld County Code.
25. The applicant shall obtain a Colorado Discharge Permit System or CDPS Permit
from the Colorado Department of Public Health and Environment (CDPHE), Water
Quality Control Division, if applicable.
26. The facility shall be constructed and operated to ensure that contamination of soil
and groundwater does not occur.
27. The facility shall notify the County of any revocation and/or suspension of any
State-issued permit.
2025-2599
PL2968
Use by Special Review Permit, USR23-0041 — DCP Operating Company, LP
Page 10
28. The facility shall notify the County upon receipt of any compliance advisory or other
notice of non-compliance of a State-issued permit, and of the outcome or
disposition of any such compliance advisory or other notice of non-compliance.
29. The operation shall comply with all applicable rules and regulations of state and
federal agencies and the Weld County Code.
30. Building Permits may be required for any new construction, set up of manufactured
structures, or change of use of existing buildings, per Section 29-3-10 of the Weld
County Code. Buildings and structures shall conform to the requirements of the
various codes adopted at the time of permit application. Currently, the following
have been adopted by Weld County: 2018 International Codes, 2018 International
Energy Conservation Code, 2023 National Electrical Code, and Chapter 29 of the
Weld County Code. A Building Permit application must be completed and two (2)
complete sets of engineered plans, bearing the wet stamp of a Colorado registered
architect or engineer, must be submitted for review. A Geotechnical Engineering
Report, performed by a Colorado registered engineer, or an Open Hole Inspection
shall be required. A Building Permit must be issued prior to the start of construction.
31. The property owner or operator shall be responsible for complying with the Design
and Operation Standards of Chapter 23 of the Weld County Code.
32. Necessary personnel from the Weld County Departments of Planning Services,
Public Works, and Public Health and Environment shall be granted access onto
the property at any reasonable time in order to ensure the activities carried out on
the property comply with the Conditions of Approval and Development Standards
stated herein and all applicable Weld County regulations.
33. 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 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.
34. 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.
35. Construction or use pursuant to approval of a Use by Special Review Permit shall
be commenced within three (3) years from the date of approval, unless otherwise
specified by the Board of County Commissioners when issuing the original Permit,
2025-2599
PL2968
Use by Special Review Permit, USR23-0041 — DCP Operating Company, LP
Page 11
or the Permit shall be vacated. The Director of the Department of Planning
Services may grant an extension of time, for good cause shown, upon a written
request by the landowner.
36. A Use by Special Review shall terminate when the use is discontinued for a period
of three (3) consecutive years, the use of the land changes or the time period
established by the Board of County Commissioners through the approval process
expires. The landowner may notify the Department of Planning Services of a
termination of the use, or Planning Services staff may observe that the use has
been terminated. When either the Department of Planning Services is notified by
the landowner, or when the Department of Planning Services observes that the
use may have been terminated, the Planner shall send certified written notice to
the landowner asking that the landowner request to vacate the Use by Special
Review Permit.
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 24th day of September, A.D., 2025:
Perry L. Buck, Chair: Aye rr► -
Scott K. James, Pro-Tern: Aye
Jason S. Maxey: Aye ♦ ` 4 41
Lynette Peppler: Aye r °' moo
Kevin D. Ross: Aye
Approved as to Form: U` ,,►e
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
2025-2599
PL2968
Hello