HomeMy WebLinkAbout20231405.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR23-0011, FOR OIL AND GAS SUPPORT AND SERVICE (CNG STATION)
OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE
A (AGRICULTURAL) ZONE DISTRICT - VOLTAGRID, 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 24th day of
May, 2023, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Voltagrid, LLC, 917 Mulberry Lane, Bellaire, Texas 77401, for a Site Specific
Development Plan and Use by Special Review Permit, USR23-0011, for Oil and Gas Support and
Service (CNG 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:
Lot B of Recorded Exemption, RE -3024; being part
of the SW1/4 of Section 20, Township 2 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Luke Seeber, Baseline
Engineering Corporation, 4007 South Lincoln Avenue, #405, Loveland, Colorado 80537, 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 22-2-10.B states: "Respecting Private Property Rights. One
of the basic principles upon which the United States was founded
is the right of citizens to own and utilize property so long as that use
complies with local regulations and does not interfere with or
infringe upon the rights of others." The request to utilize a currently
non -agriculturally productive parcel of land, for a CNG Facility, is in
line with this Section of the Comprehensive Plan. The property
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owner's business will comply with local regulations and does not
appear to interfere with, or infringe upon, the rights of others.
2) Section 22-2-30.A.1 states: "Land use changes should not inhibit
agricultural production nor operations." The request for a CNG
Facility does not inhibit agricultural production or operations. The
proposal is located on a dry corner and has not recently been
farmed and, therefore, will not negatively impact agricultural
production or operations. Additionally, this proposed use is for the
purpose of supporting local farms and businesses, by supplying
CNG for the area.
3) Section 22-2-40.A.5 states: "Encourage agglomeration economies
of synergistic businesses." The immediate area along County
Road (CR) 18 contains a small hub of oil and gas -oriented
businesses and operations, including oil and gas processing
facilities, midstream facilities, support facilities, pipeline corridors
and interconnects and production facilities. The location of this
proposed CNG fill station is within this 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 CNG Facility supports the local
economy and the Oil and Gas Industry by supporting the service of
energy development and providing an alternative fuel source.
Furthermore, the site is in close proximity to appropriate
infrastructure for the movement of the CNG by vehicle. The site is
located near CR 49, which is identified as the County Highway in
the Weld County Functional Classification Map and is located near
Interstate 76.
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." Weld
County recognizes that the oil and gas support and service
industries are an essential component of energy and mineral
resource development and the economy. However, such
developments shall have a minimal impact on the citizens and land
of the County. The subject CNG fill station is located in an area that
does not impact surrounding land uses or agricultural activities, as
the facility is limited to a small footprint, which is encumbered only
by midstream infrastructure. Additionally, this facility is located
adjacent to a permitted and constructed Cureton Gas Plant, which
is integral to the siting of a CNG fill station.
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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 allows 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 CNG fill 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 facility
receives compressed natural gas from the adjacent Cureton Gas
Plant and transports this fuel, via pressurized trucks, to customers.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding properties are
rural residential lots, created by the recorded exemption process, such as
the subject property. The closest residence is roughly 1,500 feet to the
south of the proposed facility and there are currently no USR permits on
the property. There are a few USR permits within one (1) mile of the subject
property, including, but not limited to; one (1) hog farm via SUP -61, one (1)
13"-20" pipeline via USR18-0103, one (1) cryogenic processing plant via
1MUSR18-17-0065, and one (1) 150 dog kennel via USR-650. Additionally,
given the rural and similar surrounding land uses, this facility appears to be
compatible with the area. Additionally, this facility, by nature, must be
located immediately adjacent to the existing pipeline. The Weld County
Department of Planning Services sent notice to five (5) surrounding
property owners within 500 feet and no correspondence was received back
regarding the proposed application. The proposed use is in an area that
can support this development and the existing screening, 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.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. This site is located within the three (3) mile referral area of
the Towns of Keenesburg and Hudson. The Town of Hudson returned a
referral, dated March 8, 2023, which stated they have concerns, as any
portion of any pipeline, connecting to this facility, that is to be located within
the Town of Hudson, including town right-of-way, is required to obtain a
USR. Additionally, they are concerned with any impacts to roads in the
Town of Hudson limits. The site is located within the Town of Keensburg's
Coordinated Planning Agreement area; however, they did not return a
referral response. They did submit a signed Notice of Inquiry Form, dated
January 11, 2023, stating they spoke to the applicant regarding annexation
and ultimately the applicant and town did not come to an agreement.
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.B.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The site contains soils designated as "Prime - Irrigated", per the 1979
Soil Conservation Service Important Farmlands of Weld County Map. The
subject property was created via Recorded Exemption, RE -3024, in 2001.
It appears the subject property has been utilized for non -irrigated rangeland
following the split, but in recent years, leading up to the sale of the land, it
did not appear to be utilized for productive farm ground and was not
currently irrigated, therefore, no agricultural land will be impacted by this
USR request.
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
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 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
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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 Voltagrid, LLC, for a Site Specific Development Plan and
Use by Special Review Permit, USR23-0011, for Oil and Gas Support and Service (CNG 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:
1. Prior to recording the map:
A. The applicant shall acknowledge the comment from the Town of Hudson,
as stated in the referral response, dated March 8, 2023. Evidence of such
shall be submitted, in writing, to the Weld County Department of Planning
Services.
B. The applicant shall address the concerns from the Division of Water
Resources, as stated in the referral response, dated April 12, 2023.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
C. A Road Maintenance Agreement is required at this location. Road
maintenance includes, but is not limited to, dust control and damage repair
to specified travel routes.
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR23-0011.
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 proposed landscaping and screening.
6) The map shall delineate the lighting.
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.
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9) The map shall delineate the off-street parking area for the
employees with surface type.
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 51 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 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 site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
12) The applicant shall show and label the proposed access(es),
approved access width, and the appropriate turning radii on the site
plan. The applicant must obtain Access Permit(s) in approved
location(s).
13) 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.
14) 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 volume.
15) The applicant shall show and label the approved tracking control on
the site plan.
16) 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. The approved access and tracking control shall be constructed prior to
on -site construction.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
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3. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the
Weld County Office of Emergency Management and the Hudson Fire
Protection 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 Weld County
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 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.
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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of May, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: died4A) � fdip;(1
Weld County Clerk to the Board
BY:
AP
unty A torney
Date of signature: O
Mik..Ereeman, Chair
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
VOLTAGRID, LLC
USR23-0011
1 Site Specific Development Plan and Use by Special Review Permit, USR23-0011, is for
Oil and Gas Support and Service (CNG Station) outside of subdivisions and historic
townsites in the A (Agricultural) Zone District.
2. Approval of this plan may create a vested property right, pursuant to Section 23-8-10 of
the Weld County Code.
3. The hours of operation are between 7:00 a.m. and 5:00 p.m., Monday through Sunday.
4. The parking area on the site shall be maintained.
5. All signs shall adhere to Chapter 23, Article IV, Division 2, of the Weld County Code.
6. The proposed landscaping and opaque screening on the site shall be maintained.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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. The accepted Waste Handling Plan shall be adhered to.
12. 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.
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13. 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 onsite, 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.
14. Any On -site Wastewater Treatment Systems (OWTS) located on the property must
comply with all provisions of the Weld County Code, pertaining to OWTS.
15. A permanent, adequate water supply shall be provided for drinking and sanitary purposes,
as applicable. This application is proposing a well as the source of water. Groundwater
may not meet all drinking water standards as defined by the Colorado Department of
Public Health and Environment. It is recommended that the drinking water is tested prior
to consumption and periodically tested over time.
16. Any washing areas shall capture all effluent and prevent discharges in accordance with
the rules and regulations of the Water Quality Control Commission, and the Environmental
Protection Agency.
17. 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.
18. The facility shall comply with the Air Pollution Emission Notice (A.P.E.N.) permit
requirements, as stipulated by the Air Pollution Control Division of the Colorado
Department of Public Health and Environment, as applicable.
19. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
20. 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.
21. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
22. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
23. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
24. The Road Maintenance Agreement for this site may be reviewed on an annual basis,
including a site visit and possible updates.
25. The historical flow patterns and runoff amounts on the site will be maintained.
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26. Weld County is not responsible for the maintenance of on -site drainage related features.
27. Building Permits may be required, for any new construction, set up of manufactured
structures, or change of use of existing buikiings, 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 Building Codes, 2018 International Energy 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.
28. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
29. 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.
30. 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.
31. 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.
32. 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.
33. 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
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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.
34. 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.
35. 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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