HomeMy WebLinkAbout20140605.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0061, FOR MINERAL RESOURCE DEVELOPMENT, OIL AND GAS
SUPPORT AND SERVICE, INCLUDING OIL AND GAS PROCESSING FACILITIES
AND RELATED EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, THREE (3)
COMPRESSORS ASSOCIATED WITH GAS PROCESSING OR WHICH COMPRESS
GAS TO ENTER A PIPELINE FOR TRANSPORT TO MARKET, AND A 100-FOOT IN
HEIGHT COMMUNICATIONS TOWER IN THE A (AGRICULTURAL) ZONE DISTRICT
-WELLS RANCH LLLP, C/O 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 5th day of
March, 2014, 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, USR13-0061, for Mineral Resource Development, Oil and Gas
Support and Service, including oil and gas processing facilities and related equipment,
including, but not limited to, three (3) compressors associated with gas processing or which
compress gas to enter a pipeline for transport to market, and a 100-foot in height
communications tower in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
Subdivision Exemption, SUBX13-0027, being part
of the NW1/4 NW1/4 NE1/4 and the NE1/4 NE1/4
NW1/4 of Section 26, Township 6 North, Range 63
West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Patrick Groom, of Witwer,
Oldenburg, Barry and Groom, LLP, 822 7th Street, Suite 760, Greeley, Colorado and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the following
reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
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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.
1) Section 22-5-100.A (OG.Goal 1) states: " Promote the reasonable
and orderly exploration and development of oil and gas mineral
resources."
2) 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."
3) 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 in 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 (7) 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 meets these needs, DCP is proposing the Rocky
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.
1) Section 23-3-40.A.2 of the Weld County Code provides for Mineral
Resource Development, Oil and Gas Support and Service and
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Section 23-3-40.K allows one (1) or more microwave, radio,
television or other communication transmission or relay tower over
70 (seventy) feet in height per Lot as a Use by Special Review in
the A (Agricultural) Zone District.
C. Section 23-2-230.6.3 — 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 two (2) property owners on
nine (9) parcels within 500 feet of this facility, and there are no residences
in the immediate area. DCP proposes to construct a radio
communications tower, up to 100 feet in height, at the Rocky 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 proximity of the Rocky Compressor
Station site to allow for adequate signal transmission. 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-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 23-2-230.6.6 -- 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 (SUBX13-0027) utilizing approximately ten (10) acres for
the compressor site. Ongoing agricultural production will continue on
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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 23-2-230.8.7 -- 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.
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, USR13-0061, for Mineral
Resource Development, Oil and Gas Support and Service, including oil and gas processing
facilities and related equipment, including, but not limited to, three (3) compressors associated
with gas processing or which compress gas to enter a pipeline for transport to market, and a
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 plat:
A. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0061.
2) The attached Development Standards.
3) The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) County Road (CR) 68 is designated on the Weld County Road
Classification Plan as a local road, which requires 60 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) The applicant shall show the approved accesses on the plat and
label with the approved access permit number, AP12-00236.
B. The applicant shall submit evidence of an Air Pollution Emission Notice
(A.P.E.N.) and Emissions Permit Application from the Air Pollution Control
Division (APCD) of the Colorado Department of Public Health and the
Environment to Environmental Health Services Division of the Weld
County Department of Public Health and Environment. Alternately, the
applicant may provide evidence from the APCD that they are not subject
to these requirements.
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C. The applicant shall submit a Decommissioning Plan for the
communications tower, for review and approval.
2. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading
Permit will be required.
B. The applicant shall submit evidence of a Colorado Discharge Permit
System (CDPS) or CDPS Permit from the Colorado Department of Public
Health and Environment (CDPH&E), Water Quality Control Division, to
cover stormwater discharges from construction sites (5 CCR-1002-61).
3. Prior to Operation:
A. A signed copy of the Spill Prevention, Control and Countermeasure Plan
shall be provided to the Environmental Health Services Division of the
Weld County Department of Public Health and Environment.
B. 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 above, the applicant shall submit
an electronic version (.pdf), or three (3) paper copies, of the plat to the Weld
County Department of Planning Services for preliminary approval. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the
Weld County Code. Upon approval of the plat, the applicant shall submit a Mylar
plat, along with all other documentation required as Conditions of Approval. The
Mylar plat and additional requirements shall be submitted within one hundred
twenty (120) days from the date of the Board of County Commissioners
Resolution. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. 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 CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MDB). 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.
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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 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 plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of March, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
ATTEST: Cam( ��,/ tL r c`�Q GGro2U
[ •�C�Lo'(�C Dou9I Rademacher, Chair
Weld County Clerk to the Board
p 7 4 ♦ bars Kirkm er, P o-Tem
BY:3,4a
De Uty Clerk to the Bo-
Mr ': =-an P. Conway
APP' _ • D AS T• . ..,..M:
Net~ ike Fr em7_,
• . t orney
liam F. Garcia
Date of signature: 3'ati'It-I
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WELLS RANCH, LLLP, CIO DCP MIDSTREAM, LP
USR13-0061
1. The Site Specific Development Plan and Use by Special Review Permit, USR13-0061, 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, three (3)
compressors associated with gas processing or which compress gas to enter a pipeline
for transport to market, and a 100-foot in height communications tower in the
A (Agricultural) Zone, 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 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.
4. 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.
5. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall be operated in accordance with the approved Dust Abatement Plan, at all
times.
6. Adequate drinking, hand washing 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.
7. 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.
8. The Spill Prevention, Control and Countermeasure Plan shall be available on-site, at all
times.
9. This facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone District, as delineated in Section 14-9-30 of the Weld County Code, or
with all applicable state noise statutes and/or regulations.
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10. The facility shall comply with the Air Pollution Emission Notice (A.P.E.N.) Permit
requirements, as stipulated by the Air Pollution Control Division, Colorado Department of
Public Health and Environment, as applicable.
11. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
12. 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 2011 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.
13. The historical flow patterns and run-off amounts will be maintained on-site.
14. 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.
15. Building Permits issued on the proposed property will be required to adhere to the fee
structure of the County-Wide Road Impact Fee Program.
16. Building Permits issued on the proposed property, will be required to adhere to the fee
structure of the County Facility and Drainage Impact Fee Programs.
17. The facility will operate 24 hours per day, 365 days per year.
18. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
19. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
20. 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 Fire District and the Weld
County Office of Emergency Management to the Department of Planning Services.
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21. 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.
22. The applicant shall adhere to the Decommissioning Plan for the communications tower
that has been submitted for review and approval.
23. 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.
24. 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.
25. 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 plat and recognized at all times.
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