HomeMy WebLinkAbout20181484.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0017, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES,
INCLUDING OIL AND GAS SUPPORT AND SERVICE (TWO (2) GAS COMPRESSORS
ASSOCIATED WITH GAS PROCESSING OR WHICH COMPRESS GAS TO ENTER A
PIPELINE FOR TRANSPORT TO MARKET) AND ONE (1) 100 -FOOT IN HEIGHT
COMMUNICATIONS TOWER IN THE A (AGRICULTURAL) ZONE DISTRICT - STROH
FAMILY TRUST AND OGG&S, 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 23rd day of
May, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Stroh Family Trust, 10815 W. Roundelay Circle, Sun City, AZ 85351, and
OGG&S, LLC, 1004 Richmond Rd., Edmund, OK 73034, c/o DCP Operating Company, LP, 3026
4th Avenue, Greeley, CO 80631, fora Site Specific Development Plan and Use by Special Review
Permit, USR18-0017, for Mineral Resource Development Facilities, including Oil and Gas Support
and Service (two (2) gas compressors associated with gas processing or which compress gas to
enter a pipeline for transport to market) and one (1) 100 -foot in height Communications Tower in
the A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Subdivision Exemption, SUBX18-0002; being part of
the N1/2 of Section 12, Township 3 North, Range 65
West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present and represented by Patrick Groom,
of Witwer, Oldenburg, Barry & Groom, LLP, 822 7th Street, Suite 760, Greeley, CO 80631, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.6 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: "Promote the reasonable and
orderly exploration and development of oil and gas mineral resources."
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SPECIAL REVIEW PERMIT (USR18-0017) - STROH FAMILY TRUST AND OGG&S, LLC, CIO
DCP OPERATING COMPANY, LP
PAGE 2
DCP is a business that is in the midstream segment of the natural gas
industry. As part of its business, DCP Midstream, LP, gathers natural gas
from wellheads, performs gas processing, and transmits final products to
customers via pipelines. In Weld County, DCP operates an extensive
network of gathering pipelines as well as seven gas processing plants. The
DJ Basin area has seen rapid expansion as new drilling technologies are
allowing more oil and gas to be produced. As a result, gas gathering and
processing capacity needs to be expanded in order to meet the growing
production. To meet these needs, DCP is proposing the Milton Compressor
Station. Further, this need is based on new technology for uncovering
natural gas discoveries and the ability of the DJ Basin to expand based on
these new technologies. The proposed compressor will be sited on private
property owned by the Stroh Family Trust and OGG&S, LLC. 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 due
to the construction of this facility.
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 Mineral Resource Development, Oil and Gas Support
and Service (natural gas compressors), and Section 23-3-40.K allows one
(1) or more microwave, radio, television or other communication
transmission or relay tower over seventy (70) feet in height per Lot as a
Use by Special Review in the A (Agricultural) Zone District. By locating the
facility on a Subdivision Exemption lot covering a small portion of the larger
lot, the remaining acreage can continue to be used for agricultural
purposes.
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 generally flat with
a slight slope to the south. This land and surrounding lands in each
direction are utilized as grazing lands for livestock and are in native grasses
with numerous oil and gas facilities, well heads and tank batteries present
in each direction. There are fifteen (15) property owners on 22 parcels
within five hundred feet of this facility, with several residences being to the
south of the property line adjacent to County Road 34.5. DCP proposes to
construct a radio -communications tower up to 100 feet in height at the
Milton Compressor Station site. DCP designs and constructs such towers
at each of its facilities to allow for remote monitoring and control of the
facilities and to allow for the transmission of a reliable signal. According to
the application, telecommunication antenna towers within a ten -mile radius
of the site are not suitable for co -location. Staff has received no letters,
telephone calls or electronic mail from interested parties. Locating the
facility within the interior of the larger parcel provides an additional buffer
to surrounding properties and uses that enhances visual and noise
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SPECIAL REVIEW PERMIT (USR18-0017) - STROH FAMILY TRUST AND OGG&S, LLC, C/O
DCP OPERATING COMPANY, LP
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screening. The Board further reviewed the noise modeling map provided
by the applicant, which clearly demonstrates that the facility will be able to
meet the noise restrictions described in the Development Standards.
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 site is not within a three (3) mile referral area of a
municipality.
E. Section 23-2-230.B.5 -- The application complies with Chapter 34,
Article V, of the Weld County Code. The existing site is not within a
recognized overlay district, including the Geologic Hazard, Flood Hazard
or Airport Overlay 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. This proposed facility is located on a 16.05 -acre area of a large parcel
for the compressor site. Ongoing agricultural production will continue on
lands not impacted by this proposed facility. The proposed facility is sited
on lands that are designated as "Other Land" on the Important Farmlands
of Weld County map dated 1979.
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 Stroh Family Trust and OGG&S, LLC, c/o DCP
Operating Company, LP, for a Site Specific Development Plan and Use by Special Review Permit,
USR18-0017, for Mineral Resource Development Facilities, including Oil and Gas Support and
Service (two (2) gas compressors associated with gas processing or which compress gas to enter
a pipeline for transport to market) and one (1) 100 -foot in height Communications Tower 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 USR map:
A. An Improvements and Road Maintenance Agreement during
construction is required for off -site improvements at this location.
Road maintenance includes, but is not limited to, dust control and
damage repair to specified haul routes.
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SPECIAL REVIEW PERMIT (USR18-0017) - STROH FAMILY TRUST AND OGG&S, LLC, CIO
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B. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado is
required.
C. The applicant shall complete the Conditions of Approval and submit
evidence of recordation for Subdivision Exemption, SUBX18-0002, to the
Department of Planning Services.
D. The applicant shall develop and submit a Visual Mitigation and Screening
Plan to the Department of Planning Services for review and approval.
E. The applicant shall develop and submit a Noise Mitigation Plan to the
Department of Planning Services for review and approval.
F. The applicant shall develop and submit a Communications Plan to the
Department of Planning Services for review and approval.
G. The applicant shall develop and submit a Lighting plan in accordance with
the Weld County Code to the Department of Planning Services for review
and approval.
H. The applicant shall develop and submit a Communications Tower and
Facility Decommissioning Plan to the Department of Planning Services for
review and approval.
I. The USR map shall be amended to delineate the following:
1) All sheets of the USR map shall be labeled USR18-0017.
2) The attached Development Standards.
3) The USR map shall be prepared in accordance with
Section 23-2-260.D of the Weld County Code.
4) County Road 34.5 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road which requires
60 feet of right-of-way at full buildout. The applicant shall delineate
on the site plan the existing right-of-way. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
5) County Highway 49, (Weld County Road 49) is designated on the
Weld County Functional Classification Map as an arterial road
which typically requires 140 feet of right-of-way at full build out. The
alignment of the road widening project varies along the section line
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DCP OPERATING COMPANY, LP
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for the corridor. Delineate the location of the existing and future
right-of-way and easements on the site plan.
6) County Road 36 Section Line is shown to have 60 feet of
unmaintained section line right-of-way, per the Weld County GIS
right-of-way map. The applicant shall delineate the existing
right-of-way on the site plan. All setbacks shall be measured from
the edge of the right-of-way.
7) Show and label the approved access locations, approved access
width and the appropriate turning radii (60') on the site plan. The
applicant must obtain an Access Permit in the approved location(s)
prior to construction.
8) 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.
9) Show and label the section line right-of-way as "CR 36 Section Line
Right -of -Way, not County maintained."
10) Show and label a 30 feet minimum access and utility easement to
provide legal access to the parcel on the site plan.
11) The applicant shall show and label the accepted drainage features
and drainage flow arrows. Stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include
the calculated volume.
12) Show and label the parking and traffic circulation flow arrows
showing how the traffic moves around the property.
2. Prior to Construction
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
3. 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.
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SPECIAL REVIEW PERMIT (USR18-0017) - STROH FAMILY TRUST AND OGG&S, LLC, CIO
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4. Upon completion of Condition of Approval #1 above, the applicant shall submit an
electronic version (.pdf), or one (1) paper copy, of the plat to the Weld County
Department of Planning Services for preliminary approval. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. Upon approval of the plat, the applicant shall submit a Mylar plat,
along with all other documentation required as Conditions of Approval. The Mylar
plat and additional requirements shall be submitted within one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution. The
Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder
by the Department of Planning Services. The applicant shall be responsible for
paying the recording fee.
5. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required one hundred twenty (120)
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.
6. 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 map
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 23rd day of May, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: detifiev jeldiss;ok
Weld County Clerk to the Board
BY:
Deputy Clerk to the B
APPRO D A
ounty orney
Date of signature: 07-11-18
St Moreno, Chair
'rbara Kirkmeyer� Pro-Tem
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
STROH FAMILY TRUST AND OGG&S, LLC
C/O DCP OPERATING COMPANY, LP
USR18-0017
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0017, is
for Mineral Resource Development Facilities, including Oil and Gas Support and Service
(two (2) gas compressors associated with gas processing or which compress gas to enter
a pipeline for transport to market) and one (1) 100 -foot in height Communications Tower
in the A (Agricultural) Zone District, 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 signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code. The operator shall maintain signage with current points of
contact, including name and phone number.
4. The improvements on the site shall be maintained in accordance with the approved Visual
Mitigation Plan.
5. The approved Noise Mitigation Plan shall be maintained.
6. The approved Communications Plan shall be maintained.
7. The approved Lighting Plan shall be maintained in accordance with the Weld County
Code.
8. The approved Decommissioning Plan for the facility shall be maintained.
9. Co -location of other antennas by other service providers shall be allowed, pursuant to the
applicant's safety protocols.
10. Upon termination of the use of the communication antenna tower, the equipment shelter,
antenna structure, and any associated equipment shall be removed and the premises
restored to its original condition according to the Decommissioning Plan.
11. 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.
12. 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.
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DEVELOPMENT STANDARDS (USR18-0017) - STROH FAMILY TRUST AND OGG&S, LLC,
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13. 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.
14. 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.
15. 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.
16. 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
and shall contain hand sanitizers.
17. All potentially hazardous 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.
18. 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 will comply with the Colorado Oil and Gas
Conservation Commission (COGCC) Rule 604 and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations.
19. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault
and hauled off for proper disposal. Records of installation, maintenance, and proper
disposal shall be retained.
20. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
21. Any contaminated soils on the facility shall be removed, treated or disposed of in
accordance with all applicable rules and regulations. All spills will be reported to local,
state and federal agencies in accordance with all state and federal regulations.
22. The facility shall adhere to the maximum permissible noise levels of 55 decibels, 24 hours
per day, as measured from the property boundary of the larger parcel upon which the
Subdivision Exemption leasehold is located.
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DEVELOPMENT STANDARDS (USR18-0017) - STROH FAMILY TRUST AND OGG&S, LLC,
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23. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the
Water Quality Control Division of the Colorado Department of Public Health and
Environment (CDPHE), if applicable.
24. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR, Part 112, shall be available on -site or as applicable.
25. The facility shall notify the County of any revocation and/or suspension of any State -issued
permit.
26. The applicant 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. The operator shall control noxious weeds on the site.
29. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
30. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
31. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall acquire an approved Right -of -Way Use Permit prior to commencement.
32. The property owner shall comply with all requirements provided in the executed
Improvements Agreement.
33. The historical flow patterns and runoff amounts on the site will be maintained.
34. Weld County is not responsible for the maintenance of on -site drainage related features.
35. Sources of light shall be shielded so that beams or rays of light will not shine directly onto
adjacent properties. Sources of light should not cause a nuisance or interfere with the use
on the adjacent properties in accordance with the map. 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.
36. This is an unmanned facility.
37. No outside storage is allowed.
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38. Building Permits issued on the proposed 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.
39. The facility will operate 24 hours per day, 365 days per year.
40. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
41. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2012 International Codes,
2006 International Energy Code, and 2017 National Electrical 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 shall be
required or an Open Hole Inspection.
42. 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.
43. 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.
44. 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.
45. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and persons moving into these areas
must recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
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DEVELOPMENT STANDARDS (USR18-0017) - STROH FAMILY TRUST AND OGG&S, LLC,
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resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
46. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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