HomeMy WebLinkAbout20252872.tiff Resolution
Approve Use by Special Review Permit, USR25-0010, for an Oil and Gas Support
and Service facility (natural gas compressor station) outside of subdivisions and
historic townsites in the A (Agricultural) Zone District — Guttersen Ranches, LLC,
c/o 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 29th day of
October,2025, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose
of hearing the application of Guttersen Ranches, LLC, P.O. Box 337090, Greeley,
Colorado 80633, do DCP Operating Company, LP, 3026 4th Avenue, Greeley, Colorado
80631, for Use by Special Review Permit, USR25-0010, for an Oil and Gas Support and
Service facility (natural gas 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:
A portion of land located in the SW1/4 of Section 28, Township 3 North,
Range 63 West of the 6th P.M., Weld County, Colorado
Whereas, at said hearing, the applicant was represented by Patrick Groom, with Witwer,
Odenburg, 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 or operations. The property has
Cc (DE moroFt/c6ticR),cick(Kµ), 2025-2872
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not been recently farmed and, therefore, will not negatively impact
agricultural production and operations.
2) Section 22-2-60.B states: "Support responsible energy and mineral
development."
a. A total of three (3) compressors are proposed by the
applicant. The compressor station is needed to support
adequate and consistent line pressures for the network of
nearby oil and gas collected from gathering systems and will
compress the gas for delivery to pipelines for processing at
existing DCP gas plants. Section 22-2-60.B.2 states: "Ensure
that infrastructure, such as adequate roads and utilities, exist
or can be made available, prior to development of energy and
resource production facilities." CDOT (Colorado Department
of Transportation), in their email dated August 5, 2025,
indicated they have no concerns or requirements based on
traffic information provided and the parcel's distance from
the nearest highway access.
b. 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 facility is located in the area of the
County that already contains oil and gas operations.
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 allows a Use by Special Review Permit for an "Oil
and Gas Support and Service" facility in Lots outside of a subdivision
or historic townsite in the A (Agricultural) Zone District. This code
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section allows the applicant to apply for the Cattlemen's Compressor
Facility, which directly supports the oil and gas industry in energy
development. Section 23-1-90 states Oil and Gas Support and
Service includes natural gas compressor stations, which allows for
the applicant to apply for a compressor station facility. This USR
facility will also include two (2) storage containers for construction
and operation usage, being Accessory Uses, permitted by
Section 23-3-30.B of the Weld County Code. The compressor station
is needed to support adequate and consistent line pressures for the
network of nearby oil and gas collected from gathering systems and
will compress the gas for delivery to pipelines for processing at
existing DCP gas plants.
C. Section 23-2-230.B.3 —The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent properties are zoned
A (Agricultural) and the land uses include dryland pasture grasses and oil
and gas encumbrances. There are no residences or other USRs within a
one (1) mile of the site, as it is a remote area.
The Decommissioning Plan will commence at the end of the lease term, and
the planned lifetime of the facility is ten (10) years. At the time of
decommissioning, the proposed facility components will be dismantled and
removed using minimal-impact construction equipment. All underground
infrastructure that is not removed will be abandoned in place by industry
standards, or standards set forth by Weld County. All materials will be safely
recycled or disposed of at an approved disposal facility. DCP will be
responsible for all decommissioning costs.
The ground will be re-graded to match the surrounding contour of the land.
Revegetation of the site will be considered complete when the percent plant
cover reaches at least 80% of pre-disturbance vegetative cover and is free
of noxious weeds. The pre-disturbance vegetation cover shall be
determined by the undisturbed surrounding areas.
The proposed use is in an area that can support this development and 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
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provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within the Coordinated Planning
Agreement (CPA) area for the Town of Keenesburg. As part of the pre-
application process the municipality was sent a Notice of Inquiry (NOI). The
Town of Keenesburg submitted a signed NOI, dated April 3, 2025, stating
they have no interest in annexing the property. This subject property is
located north of the Town of Keenesburg Growth Management Area. The
site is located within the three (3) mile referral area of the Town of
Keenesburg, who stated no conflicts with their interests in the referral, dated
July 16, 2025.
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 located within any
overlay district officially adopted by the County, including A-P (Airport)
Overlay District, 1-25 Overlay District, Geologic Hazard Overlay District,
MS4 - Municipal Separate Storm Sewer System area, Special Flood Hazard
Area, Historic Townsites Overlay District, 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 site is located on 35 acres of a 157.55-acre property of
Valent Sand, low to severe slopes (0 to 9%). Valent sand, moderate to
severe slope (3 to 9%) is designated as "Not Prime Farmland" and Valent
sand, low slope (0 to 3%) is designated as "Farmland of Local Importance".
No "Prime Farmland" will be removed from production.
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
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 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 Guttersen Ranches, LLC, c/o DCP Operating Company,
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LP, for Use by Special Review Permit, USR25-0010, for an Oil and Gas Support and
Service facility (natural gas 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. A Final Drainage Report and Certification of Compliance, stamped and
signed by a Professional Engineer, registered in the State of Colorado, is
required.
B. The applicant shall acknowledge the requirements of the Southeast Weld
Fire District, as stated in the referral response, dated June 16, 2025. Written
evidence of such shall be submitted to the Weld County Department of
Planning Services.
C. The applicant shall acknowledge the requirements of the Colorado Division
of Water Resources, as stated in the referral response, dated July 11, 2025.
Written evidence of such shall be submitted to the Weld County Department
of Planning Services.
D. The applicant shall acknowledge the requirements of Colorado Parks and
Wildlife, as stated in the referral response, dated July 10, 2025. Written
evidence of such shall be submitted to the Weld County Department of
Planning Services.
E. The applicant shall provide a copy of the executed Road Maintenance
Agreement, required by, and entered into with, the Town of Keenesburg.
F. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR25-0010.
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 on-site lighting, in accordance with the
approved Lighting Plan.
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6) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 of the Weld County Code, if applicable.
7) The map shall delineate the parking area for the vendors, customers
and/or employees.
8) The applicant shall show and label all recorded easements and
rights-of-way shall be delineated on the map by book and page
number or Reception number.
9) The applicant shall verify and delineate on the map all
non-maintained right-of-way from the subject parcel to, and
including, the connection to County Road 59. Reference the
documents creating the right-of-way. All setbacks shall be measured
from the edge of the right-of-way. Any non-maintained road needs to
be located/identified in relationship to the right-of-way.
10) This portion of County Road 59 is under the jurisdiction of the Town
of Keenesburg. Please contact the municipality to verify the right-of-
way. Show and label the right-of-way. Show the approved access on
the site plan and label with the approved Access Permit number, if
applicable.
11) The applicant shall show and label the project site's access location
on County Road 59.
12) The applicant shall show and label the approved tracking control on
the site plan.
13) The applicant shall show and label the entrance gate, if applicable.
14) 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 water quality
and detention volumes.
15) The applicant shall show and label drainage flow arrows.
16) 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
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shall submit a paper map along with all other documentation required as
Conditions of Approval. The paper 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 paper 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.
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. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
B. Overweight and/or Oversized Special Transport Permits shall be acquired
from the Department of Public Works for all applicable trucks.
C. A Weld County Right-of-Way Use Permit is required for any disturbances
that may be necessary for an access road located in Weld County
right-of-way.
5. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the
Office of Emergency Management and the Fire District. The plan shall be
reviewed on an annual basis by the Facility operator, the Fire District and
the Weld County Office of Emergency Management. Submit evidence of
acceptance to the Department of Planning Services.
6. The Use by Special Review 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
map 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.
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Use by Special Review Permit
Development Standards
Guttersen Ranches, LLC,
c/o DCP Operating Company, LP
USR25-001 0
1. Use by Special Review Permit, USR25-0010, is for an Oil and Gas Support Facility
(natural gas compressor station) outside of subdivisions and historic townsites in
the A (Agricultural) Zone District, 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. 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
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. Weld County is not responsible for the maintenance of on-site drainage related
features.
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12. The historical flow patterns and runoff amounts on the site will be maintained.
13. 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.
14. 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.
15. 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.
16. Fugitive dust should attempt to be confined on the property, and uses on the
property should comply with the Colorado Air Quality Commission's Air Quality
Regulations.
17. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) 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. \
18. Adequate drinking, handwashing and toilet facilities shall be provided for
employees and patrons of the facility, at all times. As employees or contractors are
onsite 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.
19. 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.
20. 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
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comply with the Energy and Carbon Management Commission (ECMC)
Commission Rules.
21. The facility shall comply with all provisions of the State Underground and Above
Ground Storage Tank Regulations.
22. The facility shall adhere to the maximum permissible noise levels allowed in a
Residential Area, as delineated in Section 14-9-40 of the Weld County Code.
23. 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.
24. The facility shall be constructed and operated to ensure that contamination of soil
and groundwater does not occur.
25. The facility shall notify the County of any revocation and/or suspension of any
State-issued permit.
26. 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.
27. The operation shall comply with all applicable rules and regulations of state and
federal agencies and the Weld County Code.
28. Lighting shall be maintained in accordance with the approved Lighting Plan.
29. 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.
30. Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County-Wide Road Impact Fee, County Facility Fee, and Drainage
Impact Fee Programs.
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31. All buildings shall comply with the setback from oil and gas wells, per
Section 23-4-700, as amended.
32. The property owner or operator shall be responsible for complying with the Design
and Operation Standards of Chapter 23 of the Weld County Code.
33. 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.
34. 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.
35. 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.
36. Construction or use pursuant to approval of a Use by Special Review Permit shall
be commenced within three (3) years from the date of Board of County
Commissioners signed Resolution, unless otherwise specified by the Board of
County Commissioners when issuing the original Permit, or the Permit shall be
vacated.
37. 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.
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38. In such cases where the.Use by Special Review has terminated but the landowner
does not agree to request to vacate the Use by Special Review Permit, a hearing
shall be scheduled with the Board of County Commissioners to provide the
landowner an opportunity to request that the Use by Special Review Permit not be
vacated, for good cause shown. The landowner shall be notified at least ten (10)
days prior to the hearing. If the Board of County Commissioners determines that
the Use by Special Review has terminated and no good cause has been shown
for continuing the permit, then the termination becomes final, and the Use by
Special Review Permit is vacated.
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 29th day of October, A.D., 2025:
Perry L. Buck, Chair: Aye �.•�"+-o,,,
Scott K. James, Pro-Tem: Aye I ) %�
�,�.w !
Jason S. Maxey: Excused /` ' 1'1
Lynette Peppler: Excused te "
t16� ryes ....W,
Kevin D. Ross: Aye
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Approved as to Form: „�,udi,I
peo-
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
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