HomeMy WebLinkAbout20183482.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0088, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL
AND GAS SUPPORT AND SERVICE, NATURAL GAS PROCESSING FACILITY, AND
ONE (1) UP TO 100 FEET IN HEIGHT SECURE COMMUNICATIONS TOWER, A
TEMPORARY LAYDOWN AND STORAGE YARD, AND UP TO 13 CONSTRUCTION
OFFICE TRAILERS AND 21 CONEX CONTAINERS FOR USE DURING THE
CONSTRUCTION OF THE FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT -
SHELTON LAND AND CATTLE, LTD, 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 7th day of
November, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Shelton Land and Cattle, LTD, 23043 CR 42, LaSalle, Colorado 80645,
c/o DCP Operating Company, LP, 3026 4th Avenue, Greeley, Colorado 80631, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0088, for Mineral Resource
Development Facilities, Oil and Gas Support and Service, Natural Gas Processing Facility, and
one (1) up to 100 feet in height secure communications tower, a temporary laydown and storage
yard, and up to 13 construction office trailers and 21 conex containers for use during the
construction of the facility in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
NE1/4 of Section 2, Township 3 North, Range 65
West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Patrick Groom, Witwer,
Oldenburg, Barry & Groom, LLP, 822 7th Street#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. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance 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.
Cc.: PL( KO/T P), Pw(E•P), BF), oc'..CI=H), 2018-3482
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1) 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 an approximate
162-acre parcel and all equipment is fenced and gated. The
proposed facility 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, many with center pivots. To the west, is the
Gilmore Ditch and Box Elder Creek floodplain. The proposed
Development Standards address lighting, screening, noise
standards, access and tracking control. The Department of
Planning Services received one (1) letter of concern from a
surrounding property owner regarding the proposed gas plant. The
proposed Use is in an area that can support this development and
the existing screening, 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.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-40.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.
2) Section 23-3-40.K states: "One (1) or more microwave, radio,
television or other communication transmission or relay tower over
seventy (70) feet in height per Lot in the A (Agricultural) Zone
District."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 without the interference of
other, incompatible land uses. The A (Agricultural) Zone District is
also intended to provide areas for the conduct of Uses by Special
Review which have been determined to be more intense or to have
a potentially greater impact than Uses Allowed by Right. The
A (Agricultural) Zone District regulations are established to promote
the health, safety and general welfare of the present and future
residents of the County.
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C. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The proposed Bighorn Gas Plant
is located on a gently sloping site, draining generally to the west, with an
average grade of about three (3) percent, towards an existing irrigation
drainage ditch known as the Gilmore Ditch. This ditch drains into the Box
Elder Creek Watershed, then to the South Platte River about 10 miles north
of the site. The overall parcel is about 162 acres, of which 88 acres will be
used to construct a natural gas processing plant. This includes
approximately 20 acres to be used temporarily for parking and a contractor
lay-down yard. The nearest resident is 0.65 miles to the north of the
proposed gas plant. Within 500 feet of the property, there are seven (7)
property owners. DCP is committed to mitigating potential off-site lighting
and noise impacts generated by this facility and will by using a combination
of equipment and engineering measures, including a 16-foot in height
pre-cast concrete wall, erected at the perimeter of the gas plant facility, with
some wall breaks required for access roads, pipelines, emergency exits,
et cetera. Implementation of this type of visual and sound mitigation barrier
maintains and complies with the applicable noise standard for the proposed
Bighorn Gas Plant. Planning staff have received no telephone calls and
one (1) letter of correspondence concerning this application.
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 located within the three (3) mile referral area
of a municipality or County. Should operations cease at the Bighorn Gas
Plant, DCP will remove the equipment and buildings and all of its
components in accordance with Colorado Oil and Gas Conservation
Commission (COGCC) regulations. Where possible, materials will be
reused or recycled. Where required, materials for disposal will be removed
by a licensed contractor and transported to a disposal site. DCP will comply
with all COGCC regulations concerning site restoration.
E. Section 23-2-230.B.5 --The application complies with Chapter 23, Articles
V and XI, of the Weld County Code. The site is not in a Geologic Hazard or
Flood Hazard Development 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.
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 gas plant is located on approximately 162 acres of
"Other Land,"per the 1979 Soil Conservation Service Important Farmlands
of Weld County Map. There is no irrigation water associated with the parcel
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and, therefore, the property owner will not be taking any prime agricultural
land out of 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
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 Shelton Land and Cattle, LTD, c/o DCP Operating
Company, LP, for a Site Specific Development Plan and Use by Special Review Permit,
USR18-0088, for Mineral Resource Development Facilities, Oil and Gas Support and Service,
Natural Gas Processing Facility, and one (1) up to 100 feet in height secure communications
tower, a temporary laydown and storage yard, and up to 13 construction office trailers and 21
conex containers for use during the construction of the facility in the A (Agricultural) Zone District,
on the parcel of land described above be, and hereby is, granted subject to the following
conditions:
1. Prior to recording the USR map:
A. An Improvements and Road Maintenance Agreement is required for off-site
improvements at this location during construction of the facility.
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 develop a Lighting Plan for review and acceptance,
incorporating the Dark Sky Policy, and in accordance with the Weld County
Code.
D. The applicant shall submit a Communications Plan. Per the application,
DCP seeks to build relationships, educate stakeholders, and provide
openness about the Bighorn Gas Plant activities and issues. This three-part
approach addresses the local community's need for information regarding
the ongoing operations of the proposed Bighorn Gas Plant. The Weld
County Department of Public Health and Environment and the Department
of Planning Services shall be included on any communication sites or
protocols for dissemination of information regarding plant operations at the
Bighorn Gas Plant until the plant is decommissioned.
E. Prior to Recording the USR Map, the map shall be amended to delineate
the following:
1) All sheets of the map shall be labeled USR18-0088.
2) The attached Development Standards.
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3) The map shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) County Road 47 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
the existing right-of-way on the site plan. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
5) County Road 38 Section Line is shown to have 30 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.
6) The applicant shall show and label the approved access locations,
approved access width and the appropriate turning radii (60 feet)
on the site plan. The applicant must obtain an Access Permit in the
approved location(s) prior to construction.
7) The applicant shall show and label the entrance gate, if applicable.
An access approach, that is gated, shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
8) The applicant shall show and label the section line right-of-way as
"CR 38 Section Line Right-Of-Way, not County maintained."
9) The applicant shall show and label a 30-foot minimum access and
utility easement to provide legal access to the parcel on the site
plan.
10) 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.
11) 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) 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,
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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.
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
$50.00 recording continuance charge shall be added for each additional three (3)
month period.
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@co.weld.co.us.
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
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.
7. Prior to the issuance of the Certificate of Occupancy:
A. An On-Site Wastewater Treatment System (OTWS) is required for the
proposed facility and shall be installed according to the Weld County
OWTS Regulations. The septic system is required to be designed by a
Colorado Registered Professional Engineer according to the Weld County
OWTS Regulations.
8. 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 7th day of November, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: .,fZc •
•2r�-t k_ .�
Steve Moreno, Chair
Weld County Clerk to the Board
arbara Kirkmeyer, Pr -Tem
BY:??Ctkakuid,,
Deputy Cler o the Board ,,,,,011—:;41 �—,
� �t I Sean P. Conway
APPR D AS T .- - car XCUSED
ulie A. Cozad
'
ounty At rney j
Mike Freeman
Date of signature: 12/11/IFS
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SHELTON LAND AND CATTLE, LTD, C/O DCP OPERATING COMPANY, LP
USR18-0088
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0088, is for
Mineral Resource Development Facilities, Oil and Gas Support and Service, Natural Gas
Processing facility, and one (1) up to one hundred (100) feet in height secure
communications tower; a temporary laydown and storage yard, and up to thirteen (13)
construction office trailers and twenty-one (21) conex for use during the construction of
the facility 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. The hours of operation are 24 hours a day, seven (7) days a week. Scheduled
maintenance events that include flaring shall occur during daylight hours.
4. The number of employees is 15 full-time employees, two (2) delivery truck drivers, and
eight (8) transport truck drivers.
5. The property owner or operator shall provide written evidence of an approved Emergency
Action and Safety Plan on or before March 15th of any given year signed by
representatives for the Fire District and the Weld County Office of Emergency
Management to the Department of Planning Services.
6. 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.
7. 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.
8. 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.
9. 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.
10. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit Application and obtain a permit from the Colorado Department of Public Health and
Environment, Air Pollution Control Division, as applicable.
11. 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.
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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.
12. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On-Site Wastewater Treatment Systems. A permanent,
adequate water supply shall be provided for drinking and sanitary purposes.
13. All potentially hazardous chemicals on the site 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.
14. 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) Rules and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations.
15. As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in
accordance with the applicable provisions of 40 CFR, Part 112, shall be available.
16. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
17. 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.
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.
19. The facility shall adhere to the maximum permissible noise level of 60 dBA at all times in
accordance with C.R.S. §25-12-103.
20. 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.
21. The facility shall notify the County of any revocation and/or suspension of any State-issued
permit.
22. The applicant shall notify the County upon receipt of any compliance advisory or other
notice of non-compliance of a State-issued permits, and of the outcome or disposition of
any such compliance advisory or other notice of non-compliance.
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23. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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.
25. The visual mitigation and screening, including the wall surrounding the facility, shall be
maintained.
26. Collocation of other antenna by other service providers shall be permitted on the tower.
Any co-locater will adhere to the DCP safety protocols.
27. 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.
28. Sources of light shall incorporate the Dark Sky Policy and 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 approved lighting
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.
29. 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.
30. The applicant shall adhere to the accepted Lighting Plan.
31. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking.
32. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
33. 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.
34. The property owner or operator shall comply with all requirements provided in the
executed Improvements Agreement.
35. The Improvements Agreement for this site shall be reviewed on an annual basis, including
possible updates.
36. Weld County is not responsible for the maintenance of on-site drainage related features.
37. The historical flow patterns and run-off amounts on the site will be maintained.
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38. 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.
39. Building Permits issued on the proposed lots, will be required to adhere to the fee structure
of the Weld County Road Impact Fee, County Facility Fee, and Drainage Impact Fee
Programs.
40. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
41. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
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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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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