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HomeMy WebLinkAbout20241196.tiffRESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR24-0005, FOR OIL AND GAS SUPPORT AND SERVICE (COMPRESSOR STATION) IN THE A (AGRICULTURAL) ZONE DISTRICT - PETERS 313 RANCH, INC., C/O ROCKIES EXPRESS PIPELINE, LLC 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 22nd day of May, 2024, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Peters 313 Ranch, Inc., P.O. Box M, Carpenter, Wyoming 82054, c/o Rockies Express Pipeline, LLC, 370 Van Gordon Street, Lakewood, Colorado 80228, for a Site Specific Development Plan and Use by Special Review Permit, USR24-0005, for Oil and Gas Support and Service (compressor station) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot B of Recorded Exemption, RECX12-0092; being part of the NW1/4, the W1/2 NE1/4 and the SE1/4; and another lot being a part of the SE1/4 all in Section 26, Township 12 North, Range 63 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was represented by Shawn Bates, TallGrass Energy, P.O. Box M, Carpenter, Wyoming 82054, 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. The applicant has demonstrated that the request is in conformance with Section 23-2-230.B of the Weld County Code as follows: A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22 and any other applicable Code provisions or ordinance in effect. 1) Section 22-2-30.C states: "Harmonize development with surrounding land uses."The facility is proposed in a remote location of the County with no residential structures located within one-half (1/2) to one (1) mile of the proposed facility. Additionally, the applicant is proposing to place all equipment within cc: P-(ER/Mw/Kw/DA/ cg/Kw),GA(toK),ASR 06), 1WP1., APP-. REP. °7/30/2-4 2024-1196 PL2916 SPECIAL REVIEW PERMIT (USR24-0005) - PETERS 313 RANCH, INC., CIO ROCKIES EXPRESS PIPELINE, LLC PAGE 2 prefabricated structures. The proposed compressor station is south of the existing Summit Midstream Hereford Natural Gas Plant. Other adjacent land consists of pastures, crops, rural residences, and oil and gas. The closest residence is approximately 4,500 feet to the south of the proposed project. 2) Section 22-2-30.A.1 states: "Land use changes should not inhibit agricultural production nor operations." The request for a compressor station does not inhibit agricultural production or operations. The proposal is located on rangeland and has not recently been farmed, therefore, will not negatively impact agricultural production and operations. 3) Section 22-2-40.A.5 states: "Encourage agglomeration economies of synergistic businesses." The location of the proposed compressor station is within a cluster of similar oil and gas operations, including oil and gas facilities that are grouped in order to limit sprawl of such uses, and whereas such businesses may also proximally benefit from one another. 4) Section 22-2-60.B. states: "Support responsible energy and mineral development." The request for a compressor station supports the local economy and the oil and gas industry by supporting the service of energy development and providing an alternative fuel source. 5) Section 22-2-60.B.3 states: "Require that energy and mineral resource development conserve the land and minimize the impact on surrounding land and the existing surrounding land uses." The proposed Hereford Ranch Compressor Station is located in an area of the County used primarily as agricultural and pastureland and already contains oil and gas operations and facilities. The proposed site is surrounded by dryland agricultural fields and few residences. By keeping the proposed compressor footprint small (approximately ten [10] acres out of the leased 145.6 -acre property), Rockies Express Pipeline (REX), LLC, intends that surrounding agricultural areas will not be affected by the compressor station's presence. Once the construction is completed disturbed areas will be reseeded with a native seed mix. B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of the A (Agricultural) Zone District. 1) Section 23-3-10 — Intent, states: "Agriculture in the County is considered a valuable resource, which must be protected from adverse impacts resulting from uncontrolled and undirected business, industrial and residential land uses. The A (Agricultural) 2024-1196 PL2916 SPECIAL REVIEW PERMIT (USR24-0005) - PETERS 313 RANCH, INC., CIO ROCKIES EXPRESS PIPELINE, LLC PAGE 3 Zone District is established to maintain and promote agriculture as an essential feature of the county. The A (Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production, and for areas for natural resource extraction and energy development, without the interference of other, incompatible land uses." 2) Section 23-3-40.V — Uses by Special Review, of the Weld County Code allow for an "Oil and Gas Support and Service" facility in the A (Agricultural) Zone District. This Code section allows the applicant to apply for the Hereford Ranch Compressor Station, which directly supports the oil and gas industry. Per Section 23-1-90 of the Weld County Code, "Oil and Gas Support and Service" allows for: "Midstream activities, including the processing, storing, transporting and marketing of oil, natural gas and natural gas liquids." This compressor station is to expand and enhance natural gas that is being collected from nearby gathering systems. C. Section 23-2-230.6.3 — The uses which will be permitted will be compatible with the existing surrounding land uses. The surrounding properties are zoned A (Agricultural). The land uses include residences, agricultural uses, vacant land, and oil and gas facilities. The property is not located within a recognized overlay district for Flood Hazard Development, Geologic Hazard, Airport Overlay Districts or Municipal Separate Storm Sewer System (MS4) area. There are six (6) Use by Special Review (USR) permits within one (1) mile of the subject property, including, but not limited to, Gravel Mining (USR-721 and USR-817); Mineral Mining and Processing (1MUSR29-16- 0032); Open Mining (1MJUSR21-20-0025); Oil and Gas Support and Service Facility (1MUSR19-11-1772); and Mineral Resource Development Facility (3MUSR18-13-0002). The Weld County Department of Planning Services sent notice to five (5) surrounding property owners (SPOs) within 500 feet. No correspondence was received back from SPOs regarding the proposed application. The proposed use is in an area that can support this development, the Conditions of Approval (Road Maintenance Agreement) and Development Standards will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region. 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 2024-1196 PL2916 SPECIAL REVIEW PERMIT (USR24-0005) - PETERS 313 RANCH, INC., C/O ROCKIES EXPRESS PIPELINE, LLC PAGE 4 provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. This site is not located within a three (3) mile referral area, a Coordinated Planning Agreement (CPA) area, or Intergovernmental Agreement (IGA) area of a municipality. E. Section 23-2-230.B.5 — The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The property is not within any recognized overlay districts, including the Geologic Hazard Overlay District, the Special Flood Hazard Development Overlay area, the Airport Overlay District, Historic Townsites Overlay District, 1-25 Overlay District, the Municipal Separate Storm Sewer Systems (MS4) defined boundary or Agricultural Heritage Overlay District. 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. The proposed Compressor Station disturbed areas contains soils designated as, "Farmland of Statewide Importance" and, "Not Prime Farmland," per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The subject property was created via Recorded Exemption, RECX12-0092, in 2013. It appears the disturbed area has been utilized for non -irrigated rangeland following the split. 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 there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. 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 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 with the operation of this facility. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Peters 313 Ranch, Inc., c/o Rockies Express Pipeline, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR24-0005, for Oil and Gas Support and Service (compressor station) 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. A Road Maintenance Agreement (Construction) is required at this location. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes during construction. 2024-1196 PL2916 SPECIAL REVIEW PERMIT (USR24-0005) - PETERS 313 RANCH, INC., CIO ROCKIES EXPRESS PIPELINE, LLC PAGE 5 B. The applicant shall address the comments from Weld County Office of Emergency Management, as stated in the referral dated February 5, 2024. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. C. The applicant shall acknowledge the advisory comments from Weld County Oil and Gas Energy Department, as stated in the referral dated February 7, 2024. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. D. The applicant shall acknowledge the advisory comments from the Colorado Division of Water Resources, as stated in the referral dated February 29, 2024. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. E. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR24-0005. 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) The applicant shall delineate the trash collection areas on the map. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. 5) The map shall delineate the lighting. 6) On -site lighting, if applicable. All lighting shall be downcast and shielded so that light rays will not shine directly onto adjacent properties. Include lighting specification details on the USR map. Refer to Section 23-2-250.D of the Weld County Code for design criteria. 7) All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2, of the Weld County Code. 8) The applicant shall show and label the location of any emergency and site identification signage. 9) The map shall delineate the off-street parking area and surface type for the employees. 2024-1196 PL2916 SPECIAL REVIEW PERMIT (USR24-0005) - PETERS 313 RANCH, INC., C/O ROCKIES EXPRESS PIPELINE, LLC PAGE 6 10) The applicant shall show and label all recorded easements and rights -of -way on the map by book and page number or Reception number and recording date. 11) County Road 71 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance #2017-01) as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road on the USR map. If the existing right-of-way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code Section 23-1-90, the required setback is measured from the future right-of-way line. 12) County Road 136.5 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance #2017-01) as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road on the USR map. If the existing right-of-way cannot be verified it shall be labeled as "County Maintained Right -of -Way, No Documentation." The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code Section 23-1-90, the required setback is measured from the future right-of-way line. 13) The applicant shall show and label the existing permitted access point onto County Road 71. Include the access usage type (i.e., Oil and Gas), the appropriate width, and the appropriate radii. 14) The applicant shall show and label the accepted drainage features. Stormwater detention ponds should be labeled as, "Stormwater Detention, No -Build or Storage Area," and shall include the calculated volume. 2. Prior to Construction: A. The approved access and tracking control shall be constructed. B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. 3. Upon completion of Conditions of Approval #1 and #2 above, the applicant shall submit one (1) electronic copy (.pdf) of the map for preliminary approval to the 2024-1196 PL2916 SPECIAL REVIEW PERMIT (USR24-0005) - PETERS 313 RANCH, INC., CIO ROCKIES EXPRESS PIPELINE, LLC PAGE 7 Weld County Department of Planning Services. Upon approval of the map 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 the Department of Planning Services. 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 120 days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 4. In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within the specified timeline from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance fee shall be added for each additional three (3) month period. 5. The Use by Special Review Permit is not perfected until the Conditions of Approval are completed and the map is recorded. 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 or the applicant has been approved for an early release agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of May, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNTY nO ATTEST: Clio w .14,4; tie Weld County Clerk to the Board BY. ►11. 1,6 u) � Deputy Clerk to the Board APPROVED A rney ate of signature: Key . Ross, Chair Perry L.,E3 Pro-Tem Mike Fr -eman 2024-1196 PL2916 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS PETERS 313 RANCH, INC., C/O ROCKIES EXPRESS PIPELINE, LLC USR24-0005 1. Site Specific Development Plan and Use by Special Review Permit, USR24-0005, is for Oil and Gas Support and Service (compressor station) in the A (Agricultural) Zone District, 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. This is an unmanned facility. 4. The facility will operate 24 hours per day, seven (7) days per week. 5. All signs shall adhere to Chapter 23, Article IV, Division 2, of the Weld County Code. 6. 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. 7 Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. 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. 8. The applicant or operator shall comply with the approved Decommissioning Plan. 9. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 10. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 11. Any work that may occupy and/or encroach upon any County rights -of -way or easement shall require an approved Right -of -Way Use Permit, prior to commencement. 12. The property owner shall comply with all requirements provided in the executed Road Maintenance Agreement (Construction). 13. The historical flow patterns and runoff amounts on the site will be maintained. 2024-1196 PL2916 DEVELOPMENT STANDARDS (USR24-0005) - PETERS 313 RANCH, INC., C/O ROCKIES EXPRESS PIPELINE, LLC PAGE 2 14. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 15. 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, C.R.S. §30-20-100.5. 16. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with Chapter 14, Article I of the Weld County Code. 17. 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 and the accepted Dust Mitigation Plan. 18. 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 of the Colorado Department of Public Health and Environment, as applicable. 19. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and patrons of the facility, at all times. For employees or patrons on site for less than two (2) consecutive hours a day, and two (2) or less full-time employees on site, 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, contain hand sanitizers and be screened from existing adjacent residential properties and public rights -of -way. 20. All chemicals must be handled in a safe manner in accordance with product labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. 21. Secondary containment shall be constructed around tanks to provide containment for the largest single tank and sufficient freeboard to contain precipitation. Secondary containment shall be sufficiently impervious to contain any spilled or released material. Secondary containment devices shall be inspected at regular intervals and maintained in good condition. All secondary containment will comply with the Colorado Oil and Gas Conservation (COGCC) Commission Rule 604 and/or the provisions of the State Underground and Above Ground Storage Tank Regulations. 22. The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations. 23. The facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial Zone, as delineated in C.R.S. §25-12-103. 2024-1196 PL2916 DEVELOPMENT STANDARDS (USR24-0005) - PETERS 313 RANCH, INC., C/O ROCKIES EXPRESS PIPELINE, LLC PAGE 3 24. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does not occur. 25. 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. 26. The facility shall notify the County of any revocation and/or suspension of any State -issued permit. 27. The facility shall notify the County upon receipt of any compliance advisory or other notice of non-compliance of a State -issued permit, and of the outcome, or disposition of any such compliance advisory, or other notice of non-compliance. 28. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 29. Building Permits may be required, for any new construction, set up of manufactured structures, or change of use of existing buildings, per Section 29-3-10 of the Weld County Code. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently, the following have been adopted by Weld County: 2018 International Codes, 2018 International Energy Conservation Code, and 2020 National Electrical Code, and Chapter 29 of the Weld County 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, or an Open Hole Inspection shall be required. A Building Permit must be issued prior to the start of construction. 30. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 31. 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. 32. 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. 2024-1196 PL2916 DEVELOPMENT STANDARDS (USR24-0005) - PETERS 313 RANCH, INC., C/O ROCKIES EXPRESS PIPELINE, LLC PAGE 4 33. 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. 34. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within three (3) years from the date of approval, unless otherwise specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall be vacated. The Director of the Department of Planning Services may grant an extension of time, for good cause shown, upon a written request by the landowner. 35. A Use by Special Review shall terminate when the use is discontinued for a period of three (3) consecutive years, the use of the land changes or the time period established by the Board of County Commissioners through the approval process expires. The landowner may notify the Department of Planning Services of a termination of the use, or Planning Services staff may observe that the use has been terminated. When either the Department of Planning Services is notified by the landowner, or when the Department of Planning Services observes that the use may have been terminated, the Planner shall send certified written notice to the landowner asking that the landowner request to vacate the Use by Special Review Permit. 36. In such cases where the Use by Special Review has terminated but the landowner does not agree to request to vacate the Use by Special Review Permit, a hearing shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to request that the Use by Special Review Permit not be vacated, for good cause shown. The landowner shall be notified at least ten (10) days prior to the hearing. If the Board of County Commissioners determines that the Use by Special Review has terminated and no good cause has been shown for continuing the permit, then the termination becomes final, and the Use by Special Review Permit is vacated. 37. 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 people moving into these areas must recognize the various impacts associated with this development. Oftentimes, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 38. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the Weld County Code, shall be placed on the map and recognized at all times. 2024-1196 PL2916 Hello