HomeMy WebLinkAbout20140622.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0062, FOR MINERAL RESOURCE DEVELOPMENT, OIL AND GAS
SUPPORT AND SERVICE, INCLUDING OIL AND GAS PROCESSING FACILITIES
AND RELATED EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, FIVE (5)
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
- 70 RANCH, LLC, 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 70 Ranch, LLC, 8301 E. Prentice Place, Suite 100, Greenwood
Village, CO 80111, c/o DCP Midstream, LP, 3026 4th Avenue, Greeley, CO 80631, for a Site
Specific Development Plan and Use by Special Review Permit, USR13-0062, for Mineral
vResource Development, Oil and Gas Support and Service, including oil and gas processing
facilities and related equipment, including, but not limited to, five (5) 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, SUBX13-0028; being part
of the NW1/4 NW1/4 of Section 20, Township 5
North, Range 63 West of the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing, the applicant was represented by Patrick Groom, 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 70
Ranch 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 (Noise limits and the approved
Lighting Plan) 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 23-2-230.6.2 -- 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.
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2) 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 toward the South Platte
River. 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 nine (9) property owners on 12 parcels within five hundred feet
of this facility, and there is one residence in the immediate area,
approximately 1,800-feet to the southwest from the compressor site.
Additionally, DCP proposes to construct a radio communications tower up
to 100-feet in height at the 70 Ranch 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, per the applicant's
supplemental narrative. Telecommunication Antenna Towers within a
10-mile radius of the site are not in proximity of the 70 Ranch 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.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-mile referral area of a
municipality.
E. Section 23-2-230.B.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. The existing
site is not within a recognized overlay district, including the Geologic
Hazard, Flood Hazard or Airport Overlay District.
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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 34.5-acre
Subdivision Exemption lot (SUBX13-0028) utilizing approximately seven
(7) acres for the compressor site. Ongoing agricultural uses 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 23-2-230.6.7 -- 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 70 Ranch, LLC, c/o DCP Midstream, LP, for a
Site Specific Development Plan and Use by Special Review Permit, USR13-0062, for Mineral
Resource Development, Oil and Gas Support and Service, including oil and gas processing
facilities and related equipment, including, but not limited to, five (5) 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 USR13-0062.
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) 388 is designated on the Weld County Road
Classification Plan as a local gravel 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 to the gate.
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
Environment to the 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.
D. An Improvements and Road Maintenance Agreement (temporary during
construction) is required for this site. Road maintenance, including dust
control, and road damage repair for improvement will be included.
2. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading
Permit will be required prior to the start of construction.
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. The applicant
shall 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.
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.
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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
WELD COUNTY, COLORADO
ATTEST: thietiti C1jes
'g1 Dougl ademacher, Chair
Weld County Clerk to the Board
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De LrI1i Clerk to the Bo- it e!PP rear
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Date of signature: 3'a(a t q
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
70 RANCH, LLC, C/O DCP MIDSTREAM, LP
USR13-0062
1. The Site Specific Development Plan and Use by Special Review Permit, USR13-0062, 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, five (5)
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, 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. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions.
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.
10. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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11. Building Permits may be required for the Oil and Gas Support and Service Facility and
associated buildings and equipment.
12. Building Permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2012 International Codes,
2006 International Energy Code and 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 Fee 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 operations, the property owner or operator shall
provide written evidence of an approved Emergency Action and Safety Plan filed with
the Office of Emergency Management and the Fire District. The plan shall be reviewed
on an annual basis by the Facility Operator, the Fire District and the Weld County Office
of Emergency Management. The applicant shall submit evidence of acceptance to the
Department of Planning Services.
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.
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22. Upon termination of the use of the communication antenna tower, the applicant shall
adhere to the Decommissioning Plan 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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