HomeMy WebLinkAbout20181216.tiffBEFORE THE WELD COUNTY. COLORADO. PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: 2MJUSR18-12-1792
APPLICANT DCP LUCERNE 2 PLANT LLC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND 2ND AMENDED USE BY
SPECIAL REVIEW PERMIT NO. USR-1792 (FOR MINERAL RESOURCE
DEVELOPMENT FACILITIES, OIL AND GAS SUPPORT AND SERVICE,
NATURAL GAS PROCESSING FACILITY) ONE (1) UP TO ONE
HUNDRED (100) FEET IN HEIGHT SECURE COMMUNICATIONS
TOWER, AND THE ADDITION OF NEW GAS PROCESSING EQUIPMENT
TO IMPROVE CAPACITY AND EFFICIENCY OF THE EXISTING PLANT
IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION LOT B REC EXEMPT RECX12-0034. BEING PART SE4 SECTION 31,
T5N. R64W OF THE 6TH P.M., WELD COUNTY. COLORADO
LOCATION. NORTH OF AND ADJACENT TO CR 50 WEST OF AND ADJACENT TO
CR 51
be recommended favorably to the Board of County Commissioners for the following reasons.
1 The submitted materials are in compliance with the application requirements of Section 23-2-260 of the
Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-
220 of the Weld County Code as follows.
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect.
Section 22-2-100.E_ C.Goal 5. States "Minimize the incompatibilities that occur between commercial
uses and surrounding properties." The facility is located on a 148 +/- acre parcel and all equipment is
fenced and gated with the proposed plant expansion area located to the west of the existing plant.
The proposed change(s) will not result in a substantial adverse impact on the other property in the
vicinity of the subject property.
The uses which will be permitted will be compatible with the existing surrounding land uses. The
surrounding properties are generally large agricultural lots with single family residences. The
proposed Development Standards address lighting, screening, noise standards, access and tracking
control The Department of Planning Services received one telephone call and office visit from a
property owner outside of the 500 foot notification area requesting information on the proposal and
staff provided a response without any additional contact from the individual. Aside from this inquiry,
staff has not received any comments from the surrounding property owners regarding the proposed
modification.
The proposed use is in an area that can support this development and the existing screening, the
Development Standards, and the Conditions of Approval will assist in mitigating the impacts of the
facility on the adjacent properties and ensure compatibility with surrounding land uses and the region.
B Section 23-2-220.A 2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
Citing the Weld County Code. Section 23-3-40 A 2 provides for a Site Specific Development Plan and
Special Review Permit for Mineral Resource Development facilities. Oil and Gas Support and Service,
Natural gas processing facilities. related equipment and structures in the A (Agricultural) Zone District.
RESOLUTION 2MJUSR18-12-1792
DCP LUCERNE 2 PLANT LLC
PAGE 2
C. Section 23-2-220.A 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The existing site is surrounded by native pasture land and agricultural fields. Three residences are
in the immediate area within 500 feet of the plant and eighteen residences are within one-half mile of
the plant. DCP is committed to mitigating potential off -site lighting and noise impacts generated by this
facility and will through a combination of equipment changes and engineering measures maintain and
comply with the applicable noise standard for the existing and new equipment proposed for the
O'Connor 2 plant expansion. Once the expansion construction is completed, the disturbed area will
be replanted with native grasses compliant with the Weld County seed mix requirements.
D Section 23-2-220.A 4 -- The uses which will be permitted will be compatible with future development
of the surrounding area as permitted by the existing zoning and with the future development as
projected by Chapter 22 of the Weld County Code and any other applicable code provisions or
ordinances in effect. or the adopted Master Plans of affected municipalities_
The site is located within the three (3) mile referral area of the Town of Kersey. The Town of Kersey
did not return a referral response indicating a conflict with their interests.
Section 23-2-220.A.5 -- The application complies with Chapter 23. Articles V and Xl. of the Weld
County Code.
The site is not in a floodplain, geologic hazard area 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.
Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural
land in the locational decision for the proposed use.
The existing facility and proposed gas plant expansion are located on approximately 121.3 acres of
Irrigated Land (Not Prime)" and approximately 127 acres of Prime" (Irrigated) per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. There is no irrigation water
associated with the parcel and therefore the property owner will not be taking any prime agricultural
land out of production.
G Section 23-2-220.A.7 - There is adequate provisions for the protection of the health, safety. and
welfare of the inhabitants of the neighborhood and County.
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 health, safety. and welfare of the inhabitants of the
neighborhood and County
This recommendation is based. in part. upon a review of the application materials submitted by the applicant.
other relevant information regarding the request. and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following.
Prior to recording the USR map
A. An Improvements and Road Maintenance Agreement 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 The Agreement shall include provisions addressing engineering requirements.
submission of collateral. and testing and approval of completed improvements The Agreement shall
require the construction of the following capital improvements. (Department of Public Works)
RESOLUTION 2MJUSR18-12-1792
DCP LUCERNE 2 PLANT LLC
PAGE 3
B A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required_ (Department of Public Works)
C The applicant shall submit a recorded copy of any agreement signed by all of the owners of the
property crossed by the access. The access shall be for ingress. egress, utilities and shall be
referenced on the USR map by the Weld County Clerk and Recorder's Reception number.
(Department of Public Works)
D The applicant shall develop a Lighting Plan for review and acceptance. In accordance with the Weld
County Code. (Department of Planning Services)
E. The septic system shall be reviewed by a Colorado Registered Professional Engineer. The review
shall consist of observation of the system and a technical review describing the systems ability to
handle the proposed increase in hydraulic load The review shall be submitted to the Department of
Public Health and Environment In the event the system is found to be inadequately sized or
constructed the system shall be brought into compliance with current Regulations. (Department of
Public Health & Environment)
The applicant shall develop a landscape and screening plan in consultation with surrounding property
owners. (Department of Planning Services)
G The applicant shall develop an approved Lighting Plan. (Department of Planning Services)
H. The applicant shall develop an approved Communication Plan with the surrounding property owners.
(Department of Planning Services)
The applicant shall develop a Noise Mitigation Plan (Department of Planning Services)
J Prior to Recording the USR Map, the map shall be amended to delineate the following.
1 All sheets of the map shall be labeled 2MJUSR18-12-1792
2. The attached Development Standards. (Department of Planning Services)
3 The map shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of
Planning Services)
4 County Road 51 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 right-of-way. This road is maintained by Weld County (Department of Public Works)
5 County Road 50 is a paved 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
delineate on the site plan the future and existing right-of-way. All setbacks shall be measured
from the edge of future right-of-way This road is maintained by Weld County (Department of
Public Works)
6. 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_ (Department of Public Works)
7 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. (Department of Public Works)
RESOLUTION 2MJUSR18-12-1792
DCP LUCERNE 2 PLANT LLC
PAGE 4
8 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. (Department of Public Works)
9 Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Public Works)
2. Upon completion of Condition of Approval #1 above. the applicant shall submit one (1) paper copy or 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 one hundred twenty (120) days from the date of the
Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording
fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30. 2012, should the map not
be recorded within the required one hundred twenty (120) days from the date of the Board of County
Commissioners Resolution. a S50.00 recording continuance charge shall added for each additional three
(3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special Review",
as appropriate. Acceptable format is a projected ESRI shapefile (.shp. shx, .dbf, .prj) with a defined
coordinate system (i.e., NAD 1983 UTM Zone 13N. WGS 1984, NAD 1983 HARN StatePlane Colorado
North FIPS 0501 (US Feet). ..etc.). This digital file may be sent to maps(c�co.weld.co.us. (Department of
Planning Services)
5. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required (Department of
Public Works)
6. 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. (Department of Planning Services)
7. 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 or the applicant has been approved for an early release agreement.
(Department of Planning Services)
RESOLUTION 2MJUSR18-12-1792
DCP LUCERNE 2 PLANT LLC
PAGE 5
Motion seconded by Bruce Johnson.
VOTE:
For Passage
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Terry Cross
Tom Cope
Lonnie Ford
Richard Beck
Against Passage Absent
Michael Wailes
Gene Stifle
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission. do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado. adopted on April 3. 2018.
Dated the 3`" of April. 2018
Kristine Ranslem
Secretary
RESOLUTION 2MJUSR18-12-1792
DCP LUCERNE 2 PLANT LLC
PAGE 6
SITE SPECIFIC DEVELOPMENT PLAN
MAJOR AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DCP OPERATING COMPANY, LP
2MJUSR18-12-1792
A Site Specific Development Plan and 2nd Amended Use by Special Review Permit Na USR-1792 for
Mineral Resource Development Facilities, Oil and Gas Support and Service. Natural Gas Processing
facility. one (1) up to one hundred (100) feet in height secure communications tower in the A (Agricultural)
Zone District and the addition of new gas processing equipment to improve capacity and efficiency of the
existing plant. (DCP Operating Company. LP — O'Connor Gas Plant). 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. (Department of Planning Services)
3. The hours of operation are 24 hours a day. seven days a week, as stated by the applicant(s). (Department
of Planning Services)
4. The number of employees is fifteen (15) as stated by the applicant(s). (Department of Planning Services)
5. The applicant shall maintain compliance with the approved Landscape and Screening Plan (Department
of Planning Services)
6. The applicant shall maintain compliance with the approved Lighting Plan. (Department of Planning
Services)
7. The applicant shall maintain compliance with the approved Communication Plan. (Department of
Planning Services)
5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act. 30-20-100.5,
C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health & Environment)
6. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes
specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities
Act, 30-20-100.5, C.R.S . as amended. (Department of Public Health & Environment)
7. Waste materials shall be handled. stored, and disposed of in a manner that controls fugitive dust. fugitive
particulate emissions. blowing debris, and other potential nuisance conditions. The applicant shall operate
in accordance with Chapter 14, Article 1 of the Weld County Code (Department of Public Health &
Environment)
8. Fugitive dust and fugitive particulate emissions should attempt to be confined on the property. Uses on
the property should comply with the Colorado Air Quality Commission's air quality regulations The facility
shall be operated in accordance with the approved Dust Abatement Plan at all times (Department of
Public Health & Environment)
9. The applicant shall operate in accordance with the approved "Waste Handling Plan-. (Department of
Public Health & Environment)
10. 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, Colorado Department of Public Health and
Environment. as applicable (Department of Public Health & Environment)
11. The facility shall adhere to the maximum permissible noise levels of 65 decibels, 24 hours per day allowed
in the Residential Zone as delineated in 25 12 103 C.R.S. (Department of Public Health & Environment)
RESOLUTION 2MJUSR18-12-1792
DCP LUCERNE 2 PLANT LLC
PAGE 7
12 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 (Department of Public Health & Environment)
13. 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. (Department of Public Health & Environment)
14 The facility shall be constructed and operated to ensure that contamination of soil and groundwater does
not occur. (Department of Public Health & Environment)
15. Any septic system located on the property must comply with all provisions of the Weld County Code
pertaining to On -site Wastewater Treatment Systems (OWTS). A permanent, adequate water supply shall
be provided for drinking and sanitary purposes. (Department of Public Health & Environment)
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 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. (Department of Public Health & Environment)
17. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance
with the rules and regulations of the Water Quality Control Commission and the Environmental Protection
Agency. (Department of Public Health & Environment)
18. 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.
(Department of Public Health & Environment)
19. 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. as applicable.
(Department of Public Health & Environment)
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 will comply with the
Colorado Oil and Gas Conservation (COGCC) Commission Rules and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations. (Department of Public Health &
Environment)
21. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable
provisions of 40 CFR. Part 112, and as applicable, shall be available (Department of Public Health &
Environment)
22. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the
Weld County Code. (Department of Public Health & Environment)
23. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health & Environment)
24 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. (Department of Planning Services)
25. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 151x' of any given year signed by representatives for the Fire District and
RESOLUTION 2MJUSR18-12-1792
DCP LUCERNE 2 PLANT LLC
PAGE 8
the Weld County Office of Emergency Management to the Department of Planning Services (Department
of Planning Services)
26. 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 (Department of Planning Services)
27. The property owner shall control noxious weeds on the site (Department of Public Works)
28. The access on the site shall be maintained to mitigate any impacts to the public road including damages
and/or off -site tracking_ (Department of Public Works)
29. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
30. 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. (Department of Public Works)
31 The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
32. The Improvements Agreement for this site shall be reviewed on an annual basis, including possible
updates (Department of Public Works)
33. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
34. 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 2014
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. (Department of Building Inspection)
35. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld
County Road Impact Program. (Department of Planning)
36. Building Permits issued on the proposed lots. will be required to adhere to the fee structure of the County
Facility Fee and Drainage Impact Fee. (Department of Planning)
37. The property owner or operator shall be responsible for complying with the Design Standards of Section
23-2-240, Weld County Code. (Department of Planning Services)
38. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250. Weld County Code. (Department of Planning Services)
39 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. (Department of Planning Services)
40. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards as shown or stated shall require the approval of an amendment of the Permit by
the Weld County Board of County Commissioners before such changes from the plans or Development
Standards are permitted Any other changes shall be filed in the office of the Department of Planning
RESOLUTION 2MJUSR18-12-1792
DCP LUCERNE 2 PLANT LLC
PAGE 9
Services. (Department of Planning Services)
41 The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards_ Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners. (Department of Planning Services)
42. 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 person moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource sites
are fixed to their geographical and geophysical locations. Moreover. these resources are protected
property rights and mineral owners should be afforded the opportunity to extract the mineral resource.
43. WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive agricultural counties in
the United States. typically ranking in the top ten counties in the country in total market value of
agricultural products sold The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture Persons moving into a rural area must recognize and accept there are
drawbacks. including conflicts with long-standing agricultural practices and a lower level of services than
in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural
areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere
and way of life. Without neighboring farms. those features which attract urban dwellers to rural Weld
County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment: slow -moving farm vehicles on
rural roads. dust from animal pens, field work. harvest and gravel roads: odor from animal confinement,
silage and manure; smoke from ditch burning: flies and mosquitoes: hunting and trapping activities;
shooting sports, legal hazing of nuisance wildlife: and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County Section 35-3.5-102. C.R S , provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development. When
moving to the County, property owners and residents must realize they cannot take water from irrigation
ditches. lakes. or other structures. unless they have an adjudicated right to the water
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3.700) miles of state and
County roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses. including law enforcement,
ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies County gravel roads, no matter how often they are bladed. will not
provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm Services in
rural areas. in many cases. will not be equivalent to municipal services. Rural dwellers must. by
necessity be more self-sufficient than urban dwellers.
RESOLUTION 2MJUSR18-12-1792
DCP LUCERNE 2 PLANT LLC
PAGE 10
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations. high speed traffic, sandburs. puncture vines, territorial farm dogs and livestock. and open
burning present real threats Controlling children's activities is important. not only for their safety. but also
for the protection of the farmer's livelihood.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. April 3, 2018
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room. 1150 O Street, Greeley. Colorado. This meeting was called to order by Chair,
Terry Cross. at 12:30 pm.
Roll Call.
Present Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Lonnie Ford, Michael Wailes, Richard Beck.
Terry Cross. Tom Cope.
Absent Gene Stifle
Also Present Kim Ogle. Chris Gathman, Ryder Reddick, Michael Hall. and Angela Snyder. Department of
Planning Services: Lauren Light and Ben Frissell, Department of Health. Evan Pinkham and Hayley
Balzano. Public Works; Bob Choate. County Attorney, and Kris Ranslem. Secretary.
Michael Wailes left the meeting at 4.13 pm.
CASE NUMBER
APPLICANT
PLANNER
REQUEST
LEGAL DESCRIPTION
LOCATION
2MJUSR18-12-1792
DCP LUCERNE 2 PLANT LLC
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND 2ND AMENDED USE BY
SPECIAL REVIEW PERMIT NO USR-1792 (FOR MINERAL RESOURCE
DEVELOPMENT FACILITIES. OIL AND GAS SUPPORT AND SERVICE,
NATURAL GAS PROCESSING FACILITY) ONE (1) UP TO ONE HUNDRED (100)
FEET IN HEIGHT SECURE COMMUNICATIONS TOWER, AND THE ADDITION
OF NEW GAS PROCESSING EQUIPMENT TO IMPROVE CAPACITY AND
EFFICIENCY OF THE EXISTING PLANT IN THE A (AGRICULTURAL) ZONE
DISTRICT
LOT B REC EXEMPT RECX12-0034. BEING PART SE4 SECTION 31 T5N,
R64W OF THE 6TH P M . WELD COUNTY. COLORADO
NORTH OF AND ADJACENT TO CR 50 WEST OF AND ADJACENT TO CR 51
Kim Ogle. Planning Services. presented Case 2MJUSR18-12-1792. reading the recommendation and
comments into the record. Mr Gathman noted that five (5) letters were received outlining concerns
regarding visual, noise. and screening mitigation associated with the plant, flare production issues, and
historic issue with lighting. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards.
Hayley Balzano, Public Works. reported on the existing traffic, access to the site. and the drainage
conditions for the property.
Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control. and the Waste Handling Plan.
Patrick Groom, representative for DCP Operating. LP. 822 7"' Street, Greeley. Colorado, stated that DCP
is proposing to increase the O'Connor Plant due to the increase gas production in the Wattenburg field.
Due to the increased drilling. there is a tremendous amount of gas being produced and, in order to
accommodate that, more processing capability is needed
As part of this application. DCP conducted two open houses with the community. The property owners
made clear that they had concerns about DCP breaking commitments in the past. DCP communicated to
those property owners that whatever DCP commits to be reflected in the Resolution in this case, if approved.
For example. one of the concerns was lighting and it had been an ongoing problem at the plant. Mr. Groom
stated that DCP is committed to a dark skies development standard, meaning that at night the lights would
be turned off, unless they have to be turned on for maintenance or in the event of emergencies.
Another concern was in regard to the noise at the plant Under the proposed resolution. the County
suggested a Residential Noise Standard. however. DCP feels that they should have to adhere to the Light
1
Industrial Noise Standard (65 decibels), which is what the Board of County Commissioners approved for
the Mewbourn Expansion. In order to achieve that. DCP intends to house all of the rotary equipment within
insulated structures on site. including the existing equipment as well.
Mr Groom said that it appears that one of the ongoing problems in the past is communication between
DCP and the neighbors. In order to resolve that issue. DCP has set up a communications platform to allow
neighbors to communicate directly with DCP. There is a facebook page that allows neighbors to post
comments and post complaints. as well as a special hotline for neighbors to call and register complaints or
post questions
When this plant was originally permitted, there was no landscaping required. Under this proposal. DCP
intends to plant over 70 trees at 8 to 10 feet in height on this property. The species selected will grow up
to 40 feet_ Additionally. DCP is proposing placing a 6-7 foot berm along the southern boundary of the
property and a 3-4 foot berm on the east side of the property. He added that a split rail signature stone
fence along the entire southern and eastern boundaries and wrapping around a small distance on the west
and north sides of the plant will be installed as well.
Mr. Groom said that the old flare would go off on a frequent basis and generated particular problems for
surrounding property owners. such as vibrations liquid flames that ignited adjacent property grassland. The
new flare is a modernized flare and DCP does not expect that the new flare will generate the same
problems Commissioner Ford asked what will be done with the old flare. Mr Groom said that they will
disconnect the existing flare but it will remain in place in the event of an emergency that would require it;
however. they intend to use the new flare for operation.
Commissioner Johnson said that they have found that vibration is an issue. Mr Groom said that the
vibration problems experienced by the surrounding property owners were caused primarily by the existing
flare. When that flare went off it caused damage to homes and a nuisance. He said that by eliminating
that flare. they believe that will address that problem considerably.
Commissioner Ford asked if there will be an increase in the number of employees. Mr. Groom said that
DCP will be increasing the number of employees from 10 to 15 employees.
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Amy and Virtus Banowetz. 24081 CR 50. Ms Banowetz stated that they have a USR for a gathering center
on their property. She expressed concerns with the expansion and view from their home. She said that
DCP has not followed through with addressing any of their complaints and are concerned that they will
continue.
Mr. Banowetz requested landscaping to block the view from their house since they operate a wedding
venue and bed and breakfast business He requested support from the Planning Commission
Scott and Ali McGregor. 25116 CR 51. Mr McGregor expressed concerns with sound. lighting and
landscaping. He added that they planted up to 500 trees on their 38 acres and feels that 70 trees at this
facility will not be sufficient. He added that the sound resonates through their home.
Ms. McGregor stated that this has greatly impacted their quality of life. She added that they have a hard
time believing that they will follow through with what they say they commit to since it hasn't happened.
Don Loloff. 25461 CR 50. expressed concern with the noise, the flare. and the lighting. He said that DCP
has made improvements but the flare is a concern and added that they have had property damage in their
home from the flare. Mr Loloff said that the noise is a constant whining sound and would like to see them
held to residential noise levels.
Brad Wagner. 25455 CR 50. emphasized concern with the flare and the noise, vibration and lighting from
the facility. Mr Wagner submitted a noise study performed by Colorado State University that he had
requested He said that he doesn't want to see this expanded and add more problem to what they can't
already correct.
2
Todd Loose, 25201 CR 53. submitted photos of the flare in operation during the day and night. He
expressed concerns of the existing flare, noise. damage to homes. lack of mitigation from original permit
and lack of landscaping. Mr Loose said that a noise study was provided by Mr Wagner to the
Environmental Health Department and added that Weld County did not follow up on it
Tim Shutte. 2935 11' Avenue. Evans, said that he is friends with some of the surrounding property owners.
He suggested constructing the facility into the ground and not on top of the hill. He has witnessed the
windows shaking and the noise from their homes.
Mr. Groom said that DCP has met with the individual property owners on several occasions and they intend
to continue to reach out to them to accommodate their specific concerns. He appreciates their concerns
with the lack of commitment from DCP in previous history: however. he has confidence in DCP with the
new management that they will mitigate those concerns and will follow through with what they said. He
added that the commitments that DCP makes today should be part of the USR
Commissioner Cope asked if there is more potential with almost tripling the size of the plant for the flare to
go off more times. Mr. Groom said that they are anticipating, due to the improvement of technology. that it
will not. The flare goes off in extreme circumstances when there has to be a release of product from the
plant_
Commissioner Cope agreed that the berming and trees may not be enough landscaping and is concerned
with the lack of water for the landscaping. Additionally. he is concerned with the lack of innovation and
would think that they could create some kind of sound barriers that could be artistic
Motion: Amend Development Standard 11 to adhere to 65 decibels 24 hours per day. Moved by Bruce
Sparrow. Seconded by Jordan Jemiola Motion carried unanimously.
Mr. Ogle suggested adding the following Conditions of Approval: 1) The applicant shall develop a
landscape and screening plan in consultation with surrounding property owners, 2) The applicant shall
develop an approved lighting plan. 3) The applicant shall develop an approved Communication Plan with
the surrounding property owners. and 4) The applicant shall develop a Noise Mitigation Plan.
Additionally. he suggested adding the following Development Standards. 1) The applicant shall maintain
compliance with the approved Landscape and Screening Plan. 2) The applicant shall maintain compliance
with the approved Lighting Plan, and 3) The applicant shall maintain compliance with the approved
Communication Plan.
Motion: Add Conditions of Approval and Development Standards, as recommended by Staff. Moved by
Bruce Sparrow. Seconded by Bruce Johnson
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Lonnie Ford, Richard Beck, Terry Cross, Tom
Cope.
Absent: Michael Wailes.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement
Motion: Forward Case 2MJUSR15-12-1792 to the Board of County Commissioners along with the
amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval. Moved by Jordan Jemiola. Seconded by Bruce Johnson.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7)
Yes: Bruce Johnson. Bruce Sparrow. Jordan Jemiola. Lonnie Ford. Richard Beck, Terry Cross, Tom Cope.
Absent: Michael Wailes.
Commissioner Sparrow commented that the neighbors are willing to accept oil and gas activities and hopes
that the applicant will meet them half way.
Commissioner Beck said that the companies need to be more proactive
3
Commissioner Jemiola said that it is important to reach out to the surrounding property owners on their
concerns.
Meeting adjourned at 7:46 pm.
Respectfully submitted,
45Vbant, RanoWn_
Kristine Ranslem
Secretary
4
ATTENDANCE RECORD
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