HomeMy WebLinkAbout20171596.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND 5TH AMENDED, USE BY
SPECIAL REVIEW PERMIT, 5MJUSR17-83-542, FOR MINERAL RESOURCE
DEVELOPMENT FACILITIES, OIL AND GAS SUPPORT AND SERVICE, NATURAL
GAS PROCESSING FACILITY, AND THE ADDITION OF NEW GAS PROCESSING
EQUIPMENT TO IMPROVE CAPACITY AND EFFICIENCY OF THE EXISTING PLANT
AND ONE (1) UP TO ONE HUNDRED (100) FEET IN HEIGHT SECURE
COMMUNICATIONS TOWER IN THE A (AGRICULTURAL) ZONE DISTRICT - DCP
OPERATING COMPANY, LP
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 31st day of
May, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of DCP Midstream, LP, 3620 W. 10th Street, #410, Greeley, Colorado 80631, for
a Site Specific Development Plan and 5th Amended Use by Special Review Permit,
5MJUSR17-83-542, for Mineral Resource Development Facilities, Oil and Gas Support and
Service, Natural Gas Processing Facility, and the addition of new gas processing equipment to
improve capacity and efficiency of the existing plant and one (1) up to one hundred (100) feet in
height secure communications tower in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lot A of Amended Recorded Exemption,
AMRE-591, and Lot B of Corrected Recorded
Exemption, CORR RE -3203; being part of the SE1/4
of Section 35, Township 4 North, Range 66 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 and Groom, 822 7th Street, #760, Greeley, CO 80631, and
WHEREAS, the Board heard all of the testimony and statements of those present and
reviewed the request of the applicant and, having been fully informed, deemed it appropriate to
continue the matter to Monday, July 17, 2017, at 10:00 a.m., to allow DCP Operating Company,
LP, adequate time to have a neighborhood meeting to mitigate concerns expressed by
surrounding property owners, and
WHEREAS, on July 17, 2017, at 10:00 a.m., the applicant was again present and
represented by Patrick Groom, of Witwer, Oldenburg, Barry and Groom, 822 7th Street, #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
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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. Section
22-2-100.E (C.Goal 5) states: "Minimize the incompatibilities that occur
between commercial uses and surrounding properties." The facility is a
located on 127 +1- gross acre parcel and all equipment is fenced and gated
and areas to the west and north are protected by a sound wall barrier to
reduce plant noise. The proposed use is in an area that can support this
development and the existing screening, the Conditions of Approval and
the 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. Weld County Code, Section 23-3-40.A.2
provides for a Site Specific Development Plan and Use by Special Review
Permit for Mineral Resource Development facilities, Oil and Gas Support
and Service, (natural gas processing facilities with related equipment and
structures) and Section 23-3-30.L for one (1) greater than seventy-foot in
height or (up to one hundred (100) feet in height) secure communications
tower in the A (Agricultural) Zone District.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The facility has existed at this
location for a long time. The existing site is surrounded by native pasture
land and agricultural fields. The Platte Valley Canal is adjacent to the north
property line. Two residences are in the immediate area: one residence
located to the east of the facility is approximately 363 feet from the DCP
east property line adjacent to County Road 35 right-of-way and the second
residence is approximately 382 feet from the north property line. There are
other residences in the immediate area, with the second group being
approximately 1,300 feet to the west and approximately 1600 feet to the
east. DCP is committed to mitigating potential off -site noise impacts and
will erect a sound wall near all equipment on the north side of the gas plant.
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 23-2-230.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
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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 Gilcrest. The Town of Gilcrest did not return a referral response
indicating any conflicts. The use will also be compatible because of the
Development Standards requiring compliance with the Noise Plan, Lighting
Plan, Landscaping/Screening Plan, and Communication Plan.
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 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.
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 existing facility and proposed gas plant expansion are located on
approximately 86 acres of "Other Land" and approximately 41 acres of
"Prime if they Become Irrigated Land," 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, howeve; the north
side of the property will be left to dryland agricultural use and grazing.
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.
Specifically, the health, safety, and welfare of the neighborhood will be
protected by the Operator's compliance with the Noise Plan, Lighting Plan,
Landscaping/Screening Plan, and Communication Plan.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of DCP Midstream, LP, for a Site Specific Development
Plan and 5th Amended Use by Special Review Permit, 5MJUSR17-83-542, for Mineral Resource
Development Facilities, Oil and Gas Support and Service, Natural Gas Processing Facility, and
the addition of new gas processing equipment to improve capacity and efficiency of the existing
plant and one (1) up to one hundred (100) feet in height secure 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. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado is
required.
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B. An Improvements and Road Maintenance Agreement is required for off -site
improvements at this location during construction. Road Maintenance
including, but not limited to, dust control, damage repair, specified haul
routes and future traffic triggers for improvements will be included.
C. A Landscaping/Screening Plan to mitigate visual impacts shall be
submitted to the Department of Planning Services after consultation with
the area property owners within one -half -mile and/or others requesting
notice, hereinafter referred to as area property owners.
D. A Lighting Plan shall be submitted to the Department of Planning Services,
which shall require all lights be turned off during nighttime hours, except for
walkways and as required by emergency maintenance, maintenance
requiring a plant -wide shut down, and as other emergencies demand.
E. A Communications Plan shall be submitted to the Department of Planning
Services, after consultation with area property owners. Such
Communication Plan shall require community meetings with area property
owners, as well as an online communication process.
F. A Noise Mitigation Plan shall be submitted to the Department of Planning
Services.
G. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled 5MJUSR17-83-542.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) County Road (CR) 35 is a gravel road and is designated on the
Weld County Road Classification Plan 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.
5) County Road 38 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 right-of-way.
6) Show and label the approved access point(s) (AP16-00466), and
the appropriate turning radii.
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7) The existing access point on County Road 35, approximately
2,400 feet north of CR 38, shall be gated and locked at all times,
except for seasonal maintenance.
8) Show and label the section line right-of-way as "CR 38 Section Line
Right -of -Way, not County maintained."
9) Show and label the approved tracking control on the site plan.
10) Show and label the entrance gate set back a minimum of 100 feet
from the edge of shoulder.
11) Show and label the accepted drainage features and drainage flow
arrows. Water quality features or stormwater ponds should be
labeled as "Water Quality Feature/Stormwater Detention, No -Build
or Storage Area" and shall include the calculated volume.
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.
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 prior to the start of construction.
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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. The plan shall include
notification to area property owners. Submit evidence of acceptance to the
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of July, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditAtio ado%el
Weld Co ty Clerk to the Board
BY:
Deputy Cle to t
Sean P. Conway
APPRO ` AS TO
Mike Freeman
y At orney
arbara Kirkmeyer
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DCP OPERATING COMPANY, LP
5MJUSR17-83-542
1. The Site Specific Development Plan and 5th Amended Use by Special Review Permit,
5MJUSR17-83-542, is for Mineral Resource Development Facilities, Oil and Gas Support
and Service, Natural Gas Processing Facility, and the addition of new gas processing
equipment to improve capacity and efficiency of the existing plant and one (1) up to one
hundred (100) feet in height secure communications tower in the A (Agricultural) Zone
District, (DCP Operating Company, LP — Mewbourn 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.
3. The hours of operation are 24 hours a day, seven (7) days a week. Construction and
routine maintenance shall occur during daylight hours, except for maintenance requiring
plant -wide shut down and with notification to area property owners.
4. The number of employees is twenty (20).
5. Co -location of other antennas by other service providers shall be allowed in accordance
with the Operator's safety requirements.
6. 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.
7. The operator shall comply with the approved Communications Plan submitted to the
Department of Planning Services.
8. The operator shall comply with the approved Landscaping/Screening Plan submitted to
the Department of Planning Services.
9. The operator shall comply with the approved Lighting Plan submitted to the Department
of Planning Services.
10. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
11. 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, Section 30-20-100.5, C.R.S.
12. 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
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conditions. The facility shall operate in accordance with Chapter 14, Article I, of the Weld
County Code.
13. Fugitive dust and fugitive particulate emissions shall be controlled along the construction
route. Uses on the property should comply with the Colorado Air Quality Commission's Air
Quality Regulations.
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) Rule 604 and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations.
15. 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.
16. The operator shall obtain a Colorado Discharge Permit System, or CDPS, permit from the
Colorado Department of Public Health and Environment (CDPH&E), Water Quality Control
Division, as applicable.
17. The operator shall comply with the approved Noise Mitigation Plan submitted to the
Department of Planning Services.
18. This facility shall not exceed 65 decibels, as measured at the property boundaries, and as
set forth in Section 25-12-103, C.R.S.
19. 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.
20. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. As employees or contractors are on -site for less than
two (2) consecutive hours a day, portable toilets and bottled water are acceptable.
Records of maintenance and proper disposal for portable toilets shall be retained on a
quarterly basis and available for review by the Weld County Department of Public Health
and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County
and shall contain hand sanitizers.
21. 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.
22. The operator 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.
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23. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR, Part 112, shall be available on -site.
24. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code. The operator shall notify the Weld County
Department of Public Health and Environment of all Compliance Orders on Consent
(COC) or other enforcement actions by the Colorado Department of Public Health and
Environment.
25. 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.
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.
27. 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.
28. The historical flow patterns and runoff amounts on the site will be maintained.
29. Weld County is not responsible for the maintenance of on -site drainage features.
30. 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.
31. The access on the site shall be maintained to mitigate any impacts to the public road
including damages and/or offsite tracking.
32. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
33. The existing access point on County Road 35, approximately 2,400 feet north of County
Road 38, shall be gated and locked at all times except for seasonal maintenance.
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.
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35. Building Permits issued on the proposed lots, will be required to adhere to the fee structure
of the County -Wide Road Impact Fee, the County Facility Fee and Drainage Impact Fee.
36. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
37. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
38. 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.
39. For any minor amendment to the USR Permit, the operator shall notify all property owners
within 500 feet of the property; if more than 30% of such property owners object, the
amendment shall be considered a major amendment requiring approval by the Board of
County Commissioners.
40. 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.
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.
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 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
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the Mineral Resource.
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43. 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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