HomeMy WebLinkAbout20243293.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR24-0022, FOR OIL AND GAS SUPPORT AND SERVICE (COMPRESSOR
STATION) OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE
A (AGRICULTURAL) ZONE DISTRICT - JERRY CASS, C/O ZEN MIDSTREAM, 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 18th day of
December, 2024, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Jerry Cass, 37401 County Road 79, Briggsdale, Colorado 80611,
c/o Zen Midstream, LLC, 518 17th Street, Suite 1800, Denver, Colorado 80202, for a Site Specific
Development Plan and Use by Special Review Permit, USR24-0022, for Oil and Gas Support and
Service (compressor station) outside of subdivisions and historic townsites in the A (Agricultural)
Zone District, on the following described real estate, being more particularly described as follows:
All of Section 33, Township 7 North, Range 62 West
of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Jennifer Teeter,
ZEN Midstream, LLC, 518 17th Street, Suite 1800, Denver, Colorado 80202, 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
[Weld County Comprehensive Plan] and any other applicable code
provisions or ordinance in effect.
1) Section 22-2-30.A.1 states: "Land use changes should not inhibit
agricultural production nor operations." Since only ten (10) acres of
the 642 -acre parcel will be encumbered by the compressor pad and
road, the remaining 632 acres may be used for agricultural
purposes. The land had been used for livestock grazing; however,
no agricultural activities are occurring on the property at this time.
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2) Section 22-2-30.C states: "Harmonize development with
surrounding land uses."The closest residence is approximately 300
feet south of the southern property line and approximately 4,600
feet from the compressor site. The compressors will be placed in a
building and exhaust emissions will be minimized. The applicant
has submitted Decommissioning and Communication Plans.
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)
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 "Oil and Gas Support and Service" in Lots outside of
a subdivision and historic townsite in the A (Agricultural) Zone
District.
3) Section 23-1-90 states: "Oil and Gas Support and Service includes
Natural gas compressor stations." This Code Section allows the
applicant to apply for a compressor station.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The 13 adjacent properties are
zoned A (Agricultural), and the land uses include pastures, crops and rural
residences. Three (3) of the adjacent properties contain structures, two (2)
properties contain residences, and one (1) property contains only a utility
building. One (1) of the residences is owned by the same owner of the
subject property. The closest residence is approximately 300 feet south of
the southern property line and approximately 4,600 feet from the
compressor site. There is one (1) USR within one (1) mile of the site,
CUP/USR-37, for a 250 -foot radio tower. The Weld County Department of
Planning Services sent notice to nine (9) surrounding property owners
(SPOs) within 500 feet of the subject property. No letters or other
correspondence were received on this USR. The proposed use is in an
area that can support this development and the Conditions of Approval 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.
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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 this Code or master plans of affected municipalities. The site
is not located within any Coordinated Planning Agreement (CPA) area or
the three (3) mile referral area of a municipality.
E. Section 23-2-230.B.5 — The application complies with Articles V and XI of
Chapter 23 if the proposal is located within an overlay zoning district or a
special flood hazard area identified by maps officially adopted by the
county. The property is not located within any overlay district officially
adopted by the County, including A -P (Airport) Overlay District, 1-25
Overlay District, Geologic Hazard Overlay District, MS4 - Municipal
Separate Storm Sewer System area, Special Flood Hazard Area, Historic
Townsites Overlay District, 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 Natural Resources Conservation Services (NRCS) Soil Survey
indicated 28% of the site consists of low -moderate slope (0-6%) Olney fine
sandy loam, classified as "Farmland of Statewide Importance." The
remainder of the 642 acres is on a variety of soil types, all classified as "Not
Prime Farmland." The compressor station and newly created private
roadway will encumber about ten (10) acres with about nine (9) acres on
soils classified as "Farmland of Statewide Importance." No Prime Farmland
will be removed from production.
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 can ensure
that 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 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 Jerry Cass, Go Zen Midstream, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR24-0022, for Oil and Gas Support and
Service (compressor station) outside of subdivisions and historic townsites in the A (Agricultural)
Zone District, on the parcel of land described above, be, and hereby is, granted subject to the
following conditions:
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1 Prior to recording the map:
A. A Road Maintenance Agreement is required at this location. Road
maintenance includes, but is not limited to, dust control and damage repair
to specified haul routes.
B. A Final Drainage Report and Certificate of Compliance, stamped and
signed by a Professional Engineer, registered in the State of Colorado, is
required.
C. The applicant shall submit a recorded copy of any agreement signed by all
owners of property crossed by the access. The access shall be for ingress,
egress, utilities and shall be referenced on the USR map by the Weld
County Clerk and Recorder's Reception number.
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR24-0022.
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 23-2-240.A.13 of the Weld County Code addresses the
issue of trash collection areas.
5) The map shall delineate the on -site lighting. All lighting shall be
downcast and shielded so that light rays will not shine directly onto
adjacent properties.
6) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 of the Weld County Code, if applicable.
7) County Road 74 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label the existing right-of-way (along with the creating
documents) and the physical location of the road on the USR map.
All setbacks shall be measured from the edge of the right-of-way.
This road is maintained by Weld County.
8) County Road 79 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label the existing right-of-way (along with the creating
documents) and the physical location of the road on the USR map.
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All setbacks shall be measured from the edge of the right-of-way.
This road is maintained by Weld County.
9) County Road 77 Section Line is shown to have 30 feet of
unmaintained section line right-of-way, per the Weld County GIS
right-of-way map. The applicant shall delineate the existing
right-of-way on the USR map and label it as "COUNTY ROAD 77
Section Line Right -Of -Way, Not County Maintained." All setbacks
shall be measured from the edge of the right-of-way.
10) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
11) The applicant shall show and label the accepted drainage features.
Stormwater ponds should be labeled as "Stormwater Detention,
No -Build or Storage Area" and shall include the calculated water
quality and detention volumes.
12) The applicant shall show and label the drainage flow arrows.
13) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2. Prior to Construction:
A. A new Access Permit shall be acquired.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
3. Prior to Operation:
A. 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
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map the applicant
shall submit a USR map along with all other documentation required as Conditions
of Approval. The USR 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
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in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The USR 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.
5. 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.
6. 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 18th day of December, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, @RAQO
ATTEST: _ � J .4/4o; eA
Kevin D. Ross, Chair
Weld County Clerk to the Board
Perry L. Bu ; Pro-Tem
BY: %n . Oat
Deputy Clerk to the Board
APED OF
ounty ey
Date of signature: I /*5
Mike Freeman
EXCUSED
col'li�k. James
e
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JERRY CASS, C/O ZEN MIDSTREAM, LLC
USR24-0022
1 Site Specific Development Plan and Use by Special Review Permit, USR24-0022, is for
Oil and Gas Support and Service (compressor station) outside of subdivisions and historic
townsites 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. 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.
4. Any future structures or uses onsite must obtain the appropriate Zoning and Building
Permits.
5. This is an unmanned facility, as stated in the application materials.
6. The facility will operate 24 hours per day, 7 days per week, and truck traffic will operate
between 7:00 a.m. and 5:00 p.m., as stated in the application materials.
7. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code, if
applicable.
8. 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.
9. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
10. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
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.
13. The Road Maintenance Agreement for this site may be reviewed on an annual basis,
including a site visit and possible updates.
14. Access will be along unmaintained County right-of-way and maintenance of the
right-of-way will not be the responsibility of Weld County.
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15. The historical flow patterns and runoff amounts will be maintained on the site in such a
manner that it will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to runoff rate and velocity increases,
diversions, concentration and/or unplanned ponding of stormwater runoff.
16. Weld County is not responsible for the maintenance of on -site drainage related features.
17. 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.
18. 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.
19. 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, and the accepted waste handling plan.
20. 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.
21. 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.
22. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. As employees or contractors are on site for less than
two (2) consecutive hours a day portable toilets and bottled water are acceptable. Records
of maintenance and proper disposal for portable toilets shall be retained on a quarterly
basis and available for review by the Weld County Department of Public Health and
Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County, shall
contain hand sanitizers and be screened from the public right-of-way and neighboring
properties.
23. All chemicals onsite 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.
24. 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 Energy and Carbon
Management Commission (ECMC) Commission Rules.
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25. The facility shall comply with all provisions of the State Underground and Above Ground
Storage Tank Regulations.
26. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone, as delineated in C.R.S. §25-12-103.
27. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
28. 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.
29. The applicant shall notify Weld County of any revocation and/or suspension of any
State -issued permit.
30. The applicant shall notify Weld 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.
31. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
32. 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.
33. 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,
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.
34. Building Permits issued on the proposed lots'will be required to adhere to the fee structure
of the County -Wide Road Impact Fee, County Facility Fee, and Drainage Impact Fee
Programs.
35. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
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36. All buildings shall comply with the setback from oil and gas, wells per Section 23-4-700,
as amended.
37. 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.
38. 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.
39. 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.
40. Construction or use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date of Board of County Commissioners
signed Resolution, unless otherwise specified by the Board of County Commissioners
when issuing the original Permit, or the Permit shall be vacated.
41. This 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.
42. 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.
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