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
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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)
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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
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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.
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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.
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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
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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
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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.
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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.
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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.
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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.
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