HomeMy WebLinkAbout20153333.tiff CORRECTED RESOLUTION
(Corrected as to removal of Development Standard#15,
per Planning Commission Minutes and Resolution)
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0053, FOR A MINERAL RESOURCE DEVELOPMENT, OIL AND GAS
SUPPORT AND SERVICE, INCLUDING OIL AND GAS PROCESSING FACILITIES
AND RELATED EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, TWO (2)
COMPRESSORS ASSOCIATED WITH GAS PROCESSING OR WHICH COMPRESS
GAS TO ENTER A PIPELINE FOR TRANSPORT TO MARKET AND ONE 100-FOOT IN
HEIGHT COMMUNICATION TOWER IN THE A (AGRICULTURAL) ZONE DISTRICT -
WELLS RANCH LLLP, CIO DCP MIDSTREAM, 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 21st day of
October, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Wells Ranch LLLP, 32010 CR 63, Gill, CO 80624, c/o DCP Midstream, LP, 3026
4th Avenue, Greeley, CO 80631, for a Site Specific Development Plan and Use by Special Review
Permit, USR15-0053, for a Mineral Resource Development, Oil and Gas Support and Service,
including oil and gas processing facilities and related equipment, including, but not limited to, two
(2) compressors associated with gas processing or which compress gas to enter a pipeline for
transport to market and one 100-foot in height Communication Tower in the A (Agricultural) Zone
District, on the following described real estate, being more particularly described as follows:
Subdivision Exemption, SUBX15-0024; being part of
the E1/2 NW1/4 SW1/4 of Section 19, Township 6
North, Range 62 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present and represented by Kent
Naughton, of Witwer, Oldenburg, Barry & Groom, LLP, 822 7th Street, Suite 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.
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:
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A. Section 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-5-100.A (OG.Goal 1) states: "Promote the reasonable
and orderly exploration and development of oil and gas mineral
resources." Section 22-5-100.B (OG.Goal 2) states: "Ensure that
the extraction of oil and gas resources conserves the land and
minimizes the impact on surrounding land and the existing
surrounding land uses." Section 22-6-20.C.1 (ECON.Policy 3.1)
states: "County activities and regulation should protect the rights of
private property owners and the public health, safety and welfare,
recognizing that these basic rights and protections allow the free
market to prosper and grow the local economy."DCP is a 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 Weld County, DCP operates an
extensive network of gathering pipelines as well as seven gas
processing plants. The DJ Basin area has recently 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 is proposing the Longhorn
Compressor Station necessitated by the need to move larger
volumes of gas due to the recent 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 leased to 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 23-2-230.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. Section 23-3-40.K allows one (1) or more microwave, radio,
television or other communication transmission or relay tower over 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
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a slight slope to the south. This site 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 two (2) property owners on 10 parcels within 500
feet of this facility, and there are no residences in the immediate area. DCP
proposes to construct a communication tower, up to 100 feet in height, at
the Longhorn 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 in close proximity of the Longhorn
Compressor Station site to allow for adequate signal transmission.
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. No letters, telephone calls or electronic mail from
interested parties.
D. Section 23-2-230.B.4--The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is not within a three (3) mile referral area of a
municipality.
E. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. 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 20-acre Subdivision Exemption
lot (SUBX15-0024) utilizing approximately 3.25 acres for the compressor
site. Ongoing agricultural activities will continue on lands not impacted by
this proposed facility. The proposed facility is sited on lands that are without
a designation 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 can 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 Wells Ranch LLLP, c/o DCP Midstream, LP, for a Site
Specific Development Plan and Use by Special Review Permit, USR15-0053, for a Mineral
Resource Development, Oil and Gas Support and Service, including oil and gas processing
facilities and related equipment, including, but not limited to, two (2) compressors associated with
gas processing or which compress gas to enter a pipeline for transport to market and one 100-foot
in height Communication 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 map:
A. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR15-0053.
2. The attached Development Standards.
3. The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4. County Road (CR) 68 is a paved road that turns into a gravel road
between section lines CR 71 and CR 73 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. All setbacks shall be
measured from the edge of future right-of-way. This road is
maintained by Weld County.
5. Show and label the approved Access Permit (AP#12-00236), and
the appropriate turning radii.
6. Denote the access and utility easement or agreement from CR 68
to the Subdivision Exemption parcel, SUB15-0024.
B. The applicant shall submit a recorded copy of any agreement signed by all
of the owners of the property crossed by the access. The access shall be
for ingress and egress and shall be referenced on the USR map by the
Weld County Clerk and Recorder's Reception number.
C. The applicant shall submit a copy of the Decommissioning Plan for the
antenna tower and appurtenances to the Department of Planning Services.
2. Prior to Operation
A. The applicant shall develop an Emergency Action and Safety Plan with the
Office of Emergency Management and adjacent Fire District. The plan shall
be reviewed on an annual basis by the Facility operator, an adjacent Fire
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District and the Weld County Office of Emergency Management. Submit
evidence of acceptance to the Department of Planning Services.
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3. Upon completion of Conditions of Approval #1 and #2 above, 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 Department of Planning Services' Staff. 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.
4. The Department of Planning Services respectfully requests the surveyor provide a
digital copy of this Use by Special Review. Acceptable CAD formats are .dwg,
.dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles,
Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred
format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may
be sent to maps@co.weld.co.us.
5. 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.
6. 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of October, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY,/ COLO ADO
ATTEST: dartiteti Cd ;4. i�'- _
G ara Kirkmeyer, hair
Weld County Clerk to the Board
EXCUSED
•
Mike Freeman, Pro-Tem
BY: •
De Clerk to the Bo rd
a%Sean P. Conway
APP' ���ED S�� r ts�t ( �! 4eA
Ai- a
. Cozad
County Attorney ����/
i 8/1 Steve Moreno
�i�,.,,r.I
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WELLS RANCH LLLP, CIO DCP MIDSTREAM, LP
USR15-0053
1. The Site Specific Development Plan and a Use by Special Review Permit, USR15-0053,
is for a Mineral Resource Development, Oil and Gas Support and Service, including oil
and gas processing facilities and related equipment, including, but not limited to, two (2)
compressors associated with gas processing or which compress gas to enter a pipeline
for transport to market and one 100-foot in height Communication 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. Co-location of other antennas by other service providers may be allowed, if feasible.
4. 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.
5. 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.
6. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
7. 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 1 of the Weld County Code.
8. 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.
9. The facility shall comply with the Air Pollution Emission Notice (A.P.E.N.) Permit
requirements, as stipulated by the Air Pollution Control Division of the Colorado
Department of Public Health and Environment, as applicable.
10. 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.
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11. 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.
12. The Spill Prevention, Control and Countermeasure Plan shall be available on-site, at all
times.
13. This facility shall adhere to the maximum permissible noise levels allowed in the
Non-Specified Zone as delineated in Section 14-9-30 of the Weld County Code, or with all
applicable State noise statutes and/or regulations.
14. The applicant shall obtain a Colorado Discharge Permit System (CDPS) Permit from the
Colorado Department of Public Health and Environment (CDPHE), Water Quality Control
Division, as applicable.
15. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
16. A Building permit 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 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 registered State of Colorado engineer
shall be required or a open hole inspection.
17. The historical flow patterns and run-off amounts will be maintained on-site.
18. Weld County is not responsible for the maintenance of on-site drainage related features.
19. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code.
20. This is an unmanned facility with intermittent occupancy for the purposes of working on
the facility.
21. Building Permits issued on the proposed lot will be required to adhere to the fee structure
of the County-Wide Road Impact Fee Program.
22. Building Permits issued on the proposed lot, will be required to adhere to the fee structure
of the County Facility Fee and Drainage Impact Fee Programs.
23. The facility will operate 24 hours per day, 365 days per year.
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24. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
25. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
26. Following the commencement of operation, 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 adjacent Fire District and
the Weld County Office of Emergency Management to the Department of Planning
Services.
27. 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.
28. 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.
29. 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.
30. 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.
31. 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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