HomeMy WebLinkAbout20173194.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR17-0023, FOR MINERAL RESOURCE DEVELOPMENT, OIL AND GAS
SUPPORT AND SERVICE, INCLUDING OIL AND GAS PROCESSING FACILITIES
AND RELATED EQUIPMENT, INCLUDING, BUT NOT LIMITED TO COMPRESSORS
ASSOCIATED WITH GAS PROCESSING OR WHICH COMPRESS GAS TO ENTER A
PIPELINE FOR TRANSPORT TO MARKET AND ONE (1) 100 -FOOT IN HEIGHT
COMMUNICATIONS TOWER IN THE A (AGRICULTURAL) ZONE DISTRICT - 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 12th day of
July, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of DCP Operating Company, LP, 3026 4th Avenue, Greeley, CO 80631, for a Site
Specific Development Plan and Use by Special Review Permit, USR17-0023, for Mineral
Resource Development, Oil and Gas Support and Service, including oil and gas processing
facilities and related equipment, including, but not limited to compressors associated with gas
processing or which compress gas to enter a pipeline for transport to market and one (1) 100 -foot
in height Communications Tower in the A (Agricultural) Zone District, on the following described
real estate, being more particularly described as follows:
Part of the SW1/4 of Section 18, Township 4 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing the Board deemed it advisable to continue the matter to
August 16, 2017, to allow the applicant adequate time to work with surrounding property owners.
The matter was subsequently continued again to September 27, 2017, to allow all five County
Commissioners to be present, and
WHEREAS, at said hearing on September 27, 2017, the applicant was 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
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.
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SPECIAL REVIEW PERMIT (USR17-0023) — DCP OPERATING COMPANY, LP
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2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.6 of the Weld County Code as follows:
A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
Section 22-5-100.A (OG.Goal 1) states: "Promote the reasonable and
orderly exploration and development of oil and gas mineral resources."
DCP Operating Company, LP, is a business that is in the midstream
segment of the natural gas industry. As part of its business, DCP Operating
Company, LP, gathers natural gas from wellheads, performs gas
processing, and transmits final products to customers via pipelines. In Weld
County, DCP Operating Company, LP, operates an extensive network of
gathering pipelines as well as seven (7) gas processing plants. The DJ
Basin area has seen rapid expansion as new drilling technologies are
allowing more oil and gas to be produced. As a result, gas gathering and
processing capacity needs to be expanded in order to meet the growing
production. To meet these needs, DCP Operating Company, LP, is
proposing the Crossroads compressor station necessitated by the need to
move larger volumes of gas due to the increases in drilling activity and
projected additional production increases anticipated by producers.
Further, this need is based on new technology for uncovering natural gas
discoveries and the ability of the DJ Basin to expand based on these new
technologies. The proposed compressor will be sited on private property
owned by DCP Operating Company, LP. This proposal has been reviewed
by the appropriate referral agencies and it has been determined that the
attached Conditions of Approval and Development Standards ensure that
there are adequate provisions for the protection of the health, safety and
welfare of the inhabitants of the neighborhood and County, and will address
and mitigate impacts on the surrounding area due to the construction of
this facility.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.A.2 of the Weld County
Code provides for Mineral Resource Development, Oil and Gas Support
and Service and Section 23-3-40.K allows one (1) or more microwave,
radio, television or other communication transmission or relay tower over
seventy (70) feet in height per lot, as a Use by Special Review in the
A (Agricultural) Zone District.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The property is generally flat with
a slight slope to the south. This land and surrounding lands in each
direction are utilized as grazing lands for livestock and are in native grasses
with numerous oil and gas facilities, well heads and tank batteries present
in each direction. There are ten (10) property owners on 17 parcels within
five hundred feet of this facility, with the nearest residence being to the west
of the property line approximately 230 feet and approximately 387 feet to
the Compressor station facility, with a second residence being east
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approximately 175 feet from the east property line and 2,200 feet from the
Compressor Facility. DCP proposes to construct a radio communications
tower up to 100 feet in height, at the Crossroads Compressor Station site.
DCP designs and constructs such towers at each of its facilities to allow for
remote monitoring and control of the facilities. It is imperative that the
communications tower be located in the immediate vicinity of the site to
allow for the transmission of a reliable signal. According to the application,
Telecommunication Antenna Towers within a 10 -mile radius of the site are
not suitable for co -location. In addition, due to safety concerns, DCP does
not co -locate its transmitters on third -party towers. Because the
transmitters are utilized to remotely control the compression and
processing of natural gas and other hazardous materials, DCP requires
that only DCP personnel be permitted access to its towers and transmitters
to prevent intentional or accidental disruption of communication services.
Staff has received no letters, telephone calls or electronic mail from
interested parties.
D. Section 23-2-230.6.4 -- The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is not within a three (3) mile referral area of a
municipality.
E. Section 23-2-230.6.5 -- The application complies with Section 23, Article
IV, of the Weld County Code. The existing site is not within a recognized
overlay district, including the Geologic Hazard, Flood Hazard or Airport
Overlay District. The site is within the County -wide Road Impact Fee Area.
Building Permits issued on the lot will be required to adhere to the fee
structure of the County -wide Road Impact Fee, County Facility Fee and
Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. This proposed facility is located on a 130 -acre parcel utilizing
approximately 8.7 acres for the compressor site. Ongoing agricultural
production will continue on lands not impacted by this proposed facility.
The proposed facility is sited on lands that are designated as "Other Land,"
on the Important Farmlands of Weld County map dated, 1979.
G. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards ensure that
there are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of DCP Operating Company, LP, for a Site Specific
Development Plan and Use by Special Review Permit, USR17-0023, for Mineral Resource
Development, Oil and Gas Support and Service, including oil and gas processing facilities and
related equipment, including, but not limited to, compressors associated with gas processing or
which compress gas to enter a pipeline for transport to market and one (1) 100 -foot in height
Communications Tower in the A (Agricultural) Zone District, on the parcel of land described above
be, and hereby is, granted subject to the following conditions:
1. Prior to recording the USR map:
A. The applicant shall submit an updated fencing plan for review and approval
by the Department of Planning Services.
B. The USR map shall be amended to delineate the following:
1) All sheets of the USR map shall be labeled USR17-0023.
2) The attached Development Standards.
3) The USR map shall be prepared in accordance with
Section 23-2-260.D of the Weld County Code.
4) County Road 44 is a paved 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 map 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 49 is designated on the Weld County Classification
plan as an arterial road which typically requires 140 feet of
right-of-way at full build out. Weld County is currently in the process
of widening this corridor. The alignment of the road widening project
varies along the section line for the corridor. Contact Public Works
for the location of the existing and future right-of-way and
easements and delineate these on the site plan.
6) Show and label the entrance gate set back a minimum of 100 feet
from the edge of the shoulder.
7) Show the approved accesses on the USR map and label with the
approved Access Permit Number, AP17-00165.
8) The applicant shall 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
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Detention, No -Build or Storage Area" and shall include the
calculated volume.
2. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
3. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the
Office of Emergency Management and the Fire District. The plan shall be
reviewed on an annual basis by the Facility operator, the Fire District and
the Weld County Office of Emergency Management. Submit evidence of
acceptance to the Department of Planning Services.
4. Upon completion of Condition of Approval #1, the applicant shall submit a Mylar
USR map along with all other documentation required as Conditions of Approval.
The Mylar USR map shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. The USR map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar USR 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.
5. 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.
6. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required one hundred twenty (120)
days from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance charge shall added for each additional three (3) month
period.
7. The Special Review activity shall not occur, nor shall any building or electrical
permits be issued on the property until the Special Review USR map is ready to
be recorded in the office of the Weld County Clerk and Recorder.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of September, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ,� ilti<, r.
Weld County Clerk to the Board
BY:(
Depufy Clerk to the Board
APP' . VF D A
Coun y Attorney
Date of signature: t O( t co In
Julie A. Cozad, Chair
Steve Moreno, Pro-Tem
�6?
Sean P. ConwayY
arbara Kirkmeyer
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DCP OPERATING COMPANY, LP
USR17-0023
1. The Site Specific Development Plan and a Special Review Permit, USR17-0023, is for
Mineral Resource Development, Oil and Gas Support and Service including oil and gas
processing facilities and related equipment, including, but not limited to, compressors
associated with gas processing or which compress gas to enter a pipeline for transport to
market, and one (1) one hundred foot in height communications tower in the
A (Agricultural) Zone District, and subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
4. Any disturbed area outside of the fenced area shall be restored with native vegetation.
5. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
6. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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
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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.
13. 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 Rule 604 and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations.
14. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR, Part 112, shall be available on -site.
15. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
16. 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.
17. The facility shall adhere to the maximum noise standard of 60 db(A) as measured from
the eastern property line in accordance with Section 25-12-103, C.R.S. In all other
locations the facility shall adhere to the maximum noise level of 65 db(A).
18. 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.
19. All potentially hazardous chemicals must be handled in a safe manner in accordance with
product labeling and in a manner that minimizes the release of hazardous air pollutants
(HAP's) and volatile organic compounds (VOC's). All chemicals must be stored secure,
on an impervious surface, and in accordance with manufacturer's recommendations.
20. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
21. The historical flow patterns and runoff amounts on the site will be maintained.
22. Weld County is not responsible for the maintenance of on -site drainage related features.
23. Sources of light shall be shielded so that beams or rays of light will not shine directly onto
adjacent properties. Sources of light shall not cause a nuisance or interfere with the use
on the adjacent properties in accordance with the map. Neither the direct, nor reflected,
light from any light source may create a traffic hazard to operators of motor vehicles on
public or private streets. No colored lights may be used which may be confused with, or
construed as, traffic control devices.
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24. 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.
25. This is an unmanned facility.
26. Building Permits issued on the proposed lots will be required to adhere to the fee structure
of the County -wide Road Impact Fee, County Facility Fee and Drainage Impact Fee
Programs.
27. The facility will operate 24 hours per day 365 days per year.
28. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
29. 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.
30. 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.
31. 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.
32. 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. 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.
33. 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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