HomeMy WebLinkAbout20173195.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:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION
LOCATION:
U R 17-0023
DCP MIDSTREAM, LP, CTO DCP OPERATING COMPANY, LP
KIM OGLE
THE SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT
FOR MINERAL RESOURCE DEVELOPMENT. OIL AND GAS SLIPPORI 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
(AGR1 ULTURAI.) ZONE DISTRICT
PART OF SECTION 1 B, T4N, R64W OF THE 6TH P.I., WELD COUNTY,
COLORADO.
NORTH OF AND ADJACENT TO CR 44; EAST OF AND ADJACENT TO CR 49.
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 d County Code as follows:
A. Section 23-2-220.A.1 -- The proposed usa us consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect _ Section 22-5-100.A. (O G. G oa l 1.) states " Promote the
reasonable and orderly exploration and development of oil and gas mineral resources."
DCP isa business that is in the midstream segment of the natural gas industry. As part of its
business! DCP Midstream, LP gathers natural gas from wellheads, performs gas processing, and
transmits final products to customers via pipelines. In Welds County. DCP operates an extensive
network of gathering pipelines as wall as seven gas processing plants. The DJ Basin area has seen
rapid expansion as new drilling technologies are allowing more oil and gas to be produced. As a
result, gas gathering and processing capacity needs to be expanded in order to meet the growing
production. To meets these needs, DCP 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 !hese new technologies. The proposed compressor will be sited on private property owned
by DCP Midstream, 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 23-2-220,A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District. Section 23-3-40.A,2 of theMild 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.
RESOLUTION USR17-O023
DCP MIDSTREAM, LP, C/O DCP OPERATING COMPANY, LP
PAGE 2
C Section 23-2-220.A.3 -- The uses which will be purmitted 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 approximately 175 feet
from the east property line and 2200 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. I t i s 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 23-2-220.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 not within a
three mile referral area of a municipality.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5 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 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.
F. 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. 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 1970.
G. Section 23-2-220.A.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 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.
1. Prior to recording the USIA map:
A. The USR map shall be amended to delineate the following:
1. All sheets of the USR map shall be labeled USR17-0023 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
RESOLUTION USR17-0023
DCP MIDSTREAM, LP, C/O DCP OPERATING COMPANY, LP
PAGE 3
3 The USR map shall be prepared in accordance with Section 23-2-260. D of the Weld County
Code. (Department of Planning Services)
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 bu i ld out. 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. (Department of
Public Works)
5 County Road 49 is designated on the Weld County Classification plan as an arterial road which
typically requires 140ft 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. (Department of Public Works)
6. Show and label the entrance gate set back a minimum of 100ft from edge of shoulder.
(Department of Public Works
7 Show the approved accesses on the USR map and label with the approved access permit
number, AP17-OO165. (Department of Public Works)
B. 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 Detention, No -Build or Storage Area" and shall include the calculated
volume. (Department of Planning Services -Engineer)
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 Planning Services -Engineer)
Prior to Construction
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Planning Services -Engineer)
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)
4. Upon completion of Conditions of Approval No.1. above 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 Department of Planning Services' Staff. 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. (Department of Planning Services)
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 Fl PS 0501 (US Feet). , ..etc.). This digital file may be sent to raps ca.weld..ce_us. (Department of
Planning Services)
RESOLUTION USR17-0023
DCP MIDSTREAM, LP, C/O DCP OPERATING COMPANY, LP
PAGE 4
6. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the USR 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 3
month period. (Department of Planning Services)
7. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review U B R map is ready to be recorded in the office of the Weld County Clerk
and Recorder. (Department of Planning Services)
Motion seconded by Bruce Johnson.
VOTE
For Passage
Bruce Johnson
Bruce Sparrow
Cherilyn eri lyfn Barringer
Jordan Jemiola
Terry Cross
Tom Cope
Gene Sillle
Against Passage Absent
Joyce Smock
Michael Wailes
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 June 20, 2017.
Dated the 20th of June, 2017
'6264111L-01124eit.
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DCP Operating, LP
Crossroads Compressor Station
USR17-0023
1. The Site Specific Development Plan and a 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) one hundred foot in height communications
tower in the A (Agricultural) Zone District, and subject to the Development Standards stated hereon.
(Department of Planning Services)
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. 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)
4. The landscaping/screening on the site shall be maintained. (Department of Planning Services)
5 The property owner shall control noxious weeds on the site. (Department of Public Works)
6. The access on the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Department of Public Works)
7. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
8. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 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. (Department of Public Health and Environment)
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. (Department of Public Health and Environment)
10. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing
debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14,
Article 1 of the Weld County Code. (Department of Public Health and Environment)
11. 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. (Department of Public Health and Environment)
12. 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 and Environment)
13. 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 and Environment)
RESOLUTION USR17-0023
DCP MIDSTREAM, LP, dl0 DCP OPERATING COMPANY, LP
PAGE 6
14 -7 -A14 -potential I y--ha-,ard.us c ei ls-- ust be handled--l-a- a -safe manner -in a ordafl I41 product
[both =Aft- er i+ als- ust -be - r-ed-s_- r r -an i o s -surface, and -in ac r .fan e -with
ma nufactureferresommend-a4ie -Depart er+t- f - bti kl+ lth and -Environment)
15. 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
ntarrlmer7t will comply with the
Colorado 01? and Gas Conservation (0CGCC) Commission Rule 604 and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations. (Department of Public Health and
Environment)
16. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable
provisions of 40 CFR, Part 112, shall be available on site. (Department of Public Health and Environment)
17. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does
not occur. (Department of Public Health and Environment)
18. 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 and Environment)
19. The facility shall adhere to the maximum permissible noise levels allowed in the commercial Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
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.
(Department of Public Health and Environment)
Theoperation-shallcomply-withall applicable rules au -4i rbeg Nations & -St t -an -I .ec4t4aq_- clines Ind -the
Weld County -Code. (D n uh i■e e� ��y( .�{`-r J, yn+ 1ri
l ����, P'Y.-��'��1�4J�'RJ3jl��rJ �'� � �� •-i ����Or���M ���1 ■����1 •t)
22. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services -Engineer)
23. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services -Engineer)
24. All liquid and sold 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 and Environment)
25. 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 and Environment)
26. Waste materials shall be handled, stored and disposed in a manner that controls fugitive dust, blowing
debris, and other potential nuisance conditions. (Department of Public Health and Environment)
27. 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 volatiile organic
compounds (VOC"s). All chemicals must be stored secure, on an impervious surface, and in accordance
with manufacturer's recommendations. (Department of Public Health and Environment)
RESOLUTION USR17-0023
DCP MIDSTREAM, LP, C/a DCP OPERATING COMPANY, LP
PAGE 7
28. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the
Weld County Code. (Department of Public Health and Environment)
29. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent
properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent
properties in accordance with the map. Neither the direct, nor reflected, light from any light source may
create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be
used which may be confused with, or construed as, traffic control devices. (Department of Planning
Services)
30. The property owner shall be responsible for controlling the noxious weeds on site. (Department of Public
Works)
31. This is an unmanned facility. (Department of Planning Services)
32, 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. (Department of Planning)
33. The facility will operate 24 hours per day 365 days per year. (Department of Planning Services)
34. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
35. 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.
36. 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.
37 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.
38 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.
RESOLUTION USR17-0023
DCP MIDSTREAM, LP, C/O DCP OPERATING COMPANY, LP
PAGE 8
39. 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 ' Veld 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, itncluding 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., .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 flout 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,vial 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.
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.
�C tnuks
Co - 2o - t�
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, June 20, 2017
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 0 Street, Greeley, Colorado. This meeting was called to order by Chair,
Bruce Sparrow, at 12:30 pm.
Roll Call.
Present: Bruce Johnson, Bruce Sparrow, Cherilyn Barringer, Gene Stille, Jordan Jemiola, Joyce Smock,
Michael Wailes, Terry Cross. Tom Cope.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, and Michael Hall, Department of Planning
Services; Hayley Balzano, Department of Planning Services — Engineering Division; Lauren Light and Ben
Frissell, Department of Health; Evan Pinkham, kha m, Public Works; Bob Choate, County Attorney, and Kris
Ranslem, Secretary.
Motion: Approve the June 6, 2017 Weld County Planning Commission minutes, Moved by Joyce Smock,
Seconded by Gene Stille. Motion passed unanimously.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION
LOCATION:
USR17-0023
17-0023
DCP MIDSTREAM, LP, CIO DCP OPERATING COMPANY, LP
KIM OGLE
THE SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT
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
PART OF SECTION 18, T4N, R64W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
NORTH OF AND ADJACENT TO CR 44; EAST OF AND ADJACENT TO CR 49.
Kim Ogle, Planning Services, presented Case USR17-0023, reading the recommendation and comments
into the record. The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards.
Evan P in kha rn, Public Works, reported on the existing traffic and access to the site.
Hayley Balzano, Engineering, reported on the drainage conditions for the site. Ms. Balzano stated that the
applicant has submitted a final drainage report therefore, she recommended that Condition of Approval 1.B
be removed.
Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Commissioner Smock stated that she knows some of the parties involved and feels that she will have an
impartial judgment.
Patrick Groom, 822 7th Street, Suite 716, Greeley, Colorado, stated that this facility will be to compress the
gas collected from the oil and gas wells to be delivered to the pipeline and then delivered to the processing
plant. He said that this site is ideal to compress gas that is collected from area operators and then delivered
to the O'Connor and Mewborn Gas Plants.
Mr. Groom said that there are two (2) property owners that are primarily affected. DCP has met with both
property owners. He added that Mr. Timmerman didn't express any concerns regarding this application,
however, Mr. Morris does have some concerns and plans to make a presentation to the Planning
Commission. Alter discussions with Mr. Morris, DCP redesigned the site and moved their plant further west
1.
away from Mr. Morris's residence. He added that the distance from the plant to the eastern property line
shared with Mr. Morris is approximately 1300 feet. Additionally, DCP is proposing to add screening along
the east side of the plant to minimize the impact on Mr. Morris. Mr. Groom said that he has had
communications directly with Mr. Hellerich, who is an attorney representing Mr. Morris. An option would be
to build a fence along the eastern border along with landscaping and berming installed and DCP is prepared
to discuss these options with Mr. Morris.
Commissioner Cope said that the site is fairly large and asked if there are any plans for further expansion.
Mr. Groom said that DCP bought this parcel to install a processing plant, which would have been a much
larger footprint. However, that plan changed with the plan to expand the Mewborn facility so the compressor
station is the only improvement intended for this property.
Commissioner Johnson asked if the concern is primarily noise or visual. Mr. Groom said he believes it is a
visual concern; however, he will let Mr. Morris answer that.
Commissioner Stille asked about the lay of the land and the height of the structures on site. Mr. Groom
said that the land has a decreasing contour somewhat to the south and east. He added that Mr. Morris's
property is below the crest on the east side. Mr. Groom stated that the facility will be visible from Mr.
Morris's property as well as Mr. Timmerman's property. The tallest structure would be the antenna which
will be 70 feet, but could be up to 100 feet. He added that there will be a couple of vent stacks that will
reach 40 feet in height.
Commissioner Wailes asked what the plans are for the land that will not be used. Mr. Groom said it will be
kept in natural grass. They are not opposed to renting it to a farmer but they intend to leave it to natural
grasses.
Commissioner Stille asked what the noise level is from the compressors. Mr. Groom said that these
compressors will be gas fired and will be enclosed in buildings. He added that he does not have the
readings at the actual location of what those decibel levels will be. At the property line, DCP will need to
meet whatever the noise standard is for that location, He added that they don't believe these compressors
will have a significant increase from the noise generated from the traffic along County Road 49.
Mr. Groom indicated that he has some requests with regard to the development standards.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Michael Morris, 24505 CR 44, LaSalle, Colorado, stated that he has lived there for 15 years. He expressed
concerns regarding noise and safety from the multiple gas lines running all over the property. He added
that no one can tell them how loud these compressors will be. He said that he received a call from the
applicant offering to put a fence up to eliminate lights from the access and is concerned with how many
people will be accessing this site for the next eight to 12 months. Additionally, Mr. Morris expressed concern
with future projects on this site and encroaching closer to his property.
Commissioner Johnson said that there are criteria regarding noise compliance and it is the applicant's
responsibility to ensure that they are complying within the noise levels.
Commissioner Jemiola asked staff to remind everyone what the levels are. Mr. Frissell stated that from 7
am to 7 pm 60 decibels 25 feet off the property line and 55 decibels from 7 pm to 7 am 25 foot off the
property line.
Mr. Morris clarified that his concerns are aesthetics, entrance, noise and safety.
Deb Morris, 24505 CR 44, LaSalle, Colorado, said that she understands that they have a right to do what
they want with their property; however, DCP bought land in an agricultural zone district for industrial use
and it is not compatible.
She doesn't believe that road noise will drown out the noise from the compressors as she doesn't see
County Road 49 from her property.
2
The Chair called a recess at 2:27 pm and reconvened the hearing at 2:40 pm.
Mr. Groom indicated that he has communicated with Mr. Hellerich and added that he did not raise the noise
issue. The fence is not intended to mitigate noise but used as a screening device; however, they don't
want to build something that the Morris's do not want. DCP has asked the Morris's for their input and a
communication of what their preference is. He added that they will continue to work with them and will try
to address their concerns. Mr. Groom said that they feel the fence will be adequate screening on this site.
Safety was also an issue that was raised. He said that DCP is concerned with safety as well and given the
proximity to the highway they don't feel that 280 feet from the property line to the compressor station poses
any risk; however, if it does DCP will analyses that and address that issue to any car traffic.
DCP builds their facilities to comply with the noise standards. Once that plant is built DCP is committed to
taking noise measurements and if they are not in compliance they will retrofit that compressor station to
ensure that it is in compliance.
Mr. Groom said that he has represented DCP far 10 years and added that he is not aware of DCP having
violated the noise standards. He said that DCP takes those obligations seriously and they are confident
that it will comply with the noise standards along the eastern boundary. He said that he cannot tell you
what the noise levels are at the compressor station. At the Mewborn Plant, DCP took recent sampling and
those standards were met and that was with a lot more equipment. These compressors will be in insulated
buildings to mitigate noise.
If DCP would propose to install more equipment the permit would need to be amended and heard again
with the surrounding property owners having the opportunity to voice their concerns.
Mr. Groom said that this plant will be visited by one (1) employee daily for two (2) hours. There are
approximately three to four semi -trucks that will visit that site per week after construction is complete. He
added that they are proposing the fence as a screening device to prevent the lights from shining into the
Morris's property.
Commissioner Cope asked why the access was chosen where it's at now. Mr, Groom said it is an existing
access and that is what Public Works wanted DCP to use. Mr. Cope said it appears that it is not at the top
of the crest of the hill and it seems like it would make more sense if the access would be located closer to
the existing AT&T tower at the crest of the hill and it would also provide more separation from the existing
neighbors. Mr. Groom said that they could certainly move that but assumed, based from Public Works, it
is a safe access.
Commissioner Wades asked if there is an estimate of what those sound levels would be at for the
compressors. Mr. Groom said that they estimate it based on the standard itself and added that they are
confident it will be below that standard. He said that the exact decibel reading is impossible to determine
until the plant is actually built and the topography changes. Mr. Wailes said that there has to be some sort
of acoustic value to a fence and/or landscaping that could be available at the County Commissioners
hearing to share, Mr. Groom said that based on information from a sound engineer those have minimal
effects on sound. He added that the real sound mitigation is at the plant and what technology you use at
the plant, such as insulated buildings, to reduce that sound.
Commissioner Johnson asked what is implemented to ensure safety of the facility. Mr. Groom said that a
processing plant and a compressor station do not store gas. Gas is piped into this facility, processed and
piped out continually. If there is an emergency, the facility will automatically shut down and is done through
sensors on site as well as the through the proposed communication tower.
Commissioner Smock asked how long construction will last. Mr. Groom replied that construction will last
approximately six to eight months for this site.
Mr. Groom reminded everyone that the noise standard is measured at the property line. He added that
they shifted this facility to the west to have less effect on the Morris's. He said that they have concerns if
that noise level could be met on the west property line and it would be preference to have a different sound
standard along County Road 49.
3
Commissioner Cope said that he doesn't anticipate noise will be a problem on the eastern property line;
however, he believes that there will be a problem on the west side. He asked if there is a way of getting a
baseline noise or getting some sort of idea of what is typically the noise from the road and then noise in
addition to that. Mr. Frissell said that according to the Weld County Code there is a maximum noise limit
and speed limits over 35 mph for different gross weight vehicles. He added that a gross weight vehicle
over 10,000 pounds would be at 90 decibels and any other motor vehicle would be at 84 decibels, so that
would be your baseline.
Commissioner Cope said that when he submitted land planning applications it was always required to
provide screening on their plans and how they were going to mitigate aesthetics and noise and he is not
seeing those requirements on these plans and asked why that is. Mr. Ogle said that in the application
materials they said that they are willing to install a berm with landscape materials or fencing to address the
concerns of the adjacent property owner. He added that the applicant will work with the property owner to
make that determination, therefore, Mr. Ogle said that staff didn't ask for anything.
Commissioner Wailes asked if there is an operating procedure that allows staff to go out and take baseline
readings on an application like this. Mr. Frissell replied that they currently do not and given the number of
USR's and staff availability it would be a hindrance on every single case that would produce noise. He
added that the property lines and topography will make a difference. Mr. Groom added that it might make
sense for DC P to take their own readings and if Mr. Morris would like that he can request that.
Commissioner Jemiola asked Mr. Groom what changes to the development standards they would like to
request. Mr. Groom stated that there are a number of duplicate development standards that they would
like to clean up. Additionally, they are concerned with the noise standard on the western property boundary
along County Road 49 and asked if it would be possible to have dual standards. Commissioner Cope said
that he fully understands the situation; however, he doesn't believe two standards are appropriate.
Mr. Groom referred to the development standards and said that Development Standards 14 and 27 are
duplicate as well as 5 and 30 and 21 and 28. Mr. Ogle recommended removing Development Standards
5, 14 and 21.
Motion: Remove Development Standards 5, 14, and 21 as stated by Staff, Moved by Tom Cope Seconded
by Bruce Johnson. Motion carried unanimously.
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.
Commissioner Cope is concerned with the noise and aesthetics. In previous work history, it was fairly
common for Staff to ask for some sort of berm around a facility like this, which will help mitigate noise and
aesthetics. However, the idea of landscaping it is wonderful but it never survives unless there is a water
source for irrigation. He believes a berm around this facility would be beneficial. Commissioner Sparrow
agreed. Commissioner Johnson likes the idea of berms but is concerned that the soil is fairly unstable and
should be further studied.
Motion: Forward Case USR17-0023 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 passed (summary: Yes = 7, No = 2, Abstain = 0).
Yes: Bruce Johnson, Bruce Sparrow, Cherilyn Barringer, Gene Stifle, Jordan Jemiola, Terry Cross, Tom
Cope.
No: Joyce Smock, Michael Wailes.
Commissioner Stille suggested installing a sound barrier to mitigate noise during construction as well as
bollards used for safety. He also recommended a fence or something to help with the traffic lights at the
entrance.
4
Commissioner Johnson understands the neighbor's concerns and said that Weld County has adopted
criteria for a use like this to be allowed in the agricultural zone. He added that in this case there ore 35
criteria that the applicant will need to comply with to maintain this permit. He believes that the applicant
has met that criteria.
Commissioner Jemiola commended the applicant for trying to move the facility closer to County Road 49
and maintaining the remaining land in agricultural production. He said that ;Ile applicant is willing to do
screening, berming and vegetation and encouraged them to work with the applicants prior to the County
Commissioner hearing.
Commissioner Wailes cited Section 23-2-220.A.7 regarding adequate provision for the protection of the
hearth, safety and welfare of the inhabitants of the neighborhood and the County. He said that he has
always known DCF to be well above the board and provide a good product In Weld County, unfortunately
he cannot take that into consideration with his decision. He believes that there are a lot of unanswered
questions.
Commissioner Smock cited Section 23-2-220.A.3 regarding compatthility with the existing surrounding land
uses. She believes that there are many unanswered questions and hopes trial both parties will meet and
come to some solutions prior to the County Commissioners meeting.
Commissioner Sparrow hopes that these problems can bo solved prior to the County Commissioner's
hearing.
Meeting adjourned at 5:30 pm.
Respectfully submitted,
AdSlAtpent--,
Kristine Ranslem
Secretary
5
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