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HomeMy WebLinkAbout20210348.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR20-0031, FOR OIL AND GAS SUPPORT AND SERVICES, SPECIFICALLY OIL AND GAS PROCESSING FACILITIES AND RELATED EQUIPMENT (PUMP STATION) IN THE A (AGRICULTURAL) ZONE DISTRICT — ONEOK ELK CREEK 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 10th day of February, 2021, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of ONEOK Elk Creek Pipeline, LLC, 100 West 5th Street, Tulsa, Oklahoma 74103, for a Site Specific Development Plan and Use by Special Review Permit, USR20-0031, for Oil and Gas Support and Services, specifically Oil and Gas Processing Facilities and related equipment (pump station) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot A of Recorded Exemption, RECX20-0068; being part of the NE1/4 of Section 13, Township 7 North, Range 56 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was represented by Cam Morse, ERM Consulting, 555 17th Street, 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 and any other applicable code provisions or ordinance in effect. 1) 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 transportation of petroleum products such as natural gas liquids is an essential component of the cc:PL(rnvv(9-P) , PW (mw/PA),fP(g�) 2021-0348 eA.(ee), f�Pl°Li APP PL2781 3/5/0-oe-► SPECIAL REVIEW PERMIT (USR20-0031) — ONEOK ELK CREEK PIPELINE, LLC PAGE 2 economy. The proposed Stoneham Pump Station is located in an area that does not impact surrounding land uses, as the Pump Station is located in a remote and undeveloped portion of the County, adjacent to a permitted and constructed pipeline corridor. Additionally, the Pump Station area occupies a small footprint, thereby diminishing unnecessary encumbrance of land and conserving the surrounding land as much as is practicable. 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." This Code section supports the purpose of the proposed Pump Station, which is directly related to energy development. 2) Section 23-3-40.W — Uses by Special Review, includes: "Oil and gas support and service."This Code section allows the applicant to apply for the subject Pump Station to support the transportation of natural gas liquids under a USR permit. Per Section 23-1-90 of the Weld County Code, "Oil and gas support and service" allows for: "Oil and gas processing facilities and related equipment, including, but not limited to, compressors associated with gas processing or which compress gas to enter a pipeline for transport to market"and "Midstream activities including the processing, storing, transporting and marketing of oil, natural gas and natural gas liquids." All the components of the facility will support this the Pump Station, including select Accessory Uses allowed in the A (Agricultural) Zone District, per Section 23-3-30 of the Weld County Code, specifically, structures, signage and the proposed on-site Morgan County Rural Electric Association (MCREA) substation. The proposed on-site MCREA substation falls below the 69kV ingoing or outgoing power threshold, thereby eliminating any separate County land use permitting obstacles for this component of the site and is considered an Accessory Use. The substation and equipment have been designed to provide the requested electrical service to the Pump Station. It will exclusively serve the facility and no other consumers. 2021-0348 PL2781 SPECIAL REVIEW PERMIT (USR20-0031) —ONEOK ELK CREEK PIPELINE, LLC PAGE 3 C. Section 23-2-230.B.3—The uses which will be permitted will be compatible with the existing surrounding land uses. The adjacent lands are zoned A (Agricultural) and consist of rangeland, dry land agriculture, vacant land, and rural residential uses and contain oil and gas encumbrances, including buried oil and gas pipelines such as the Elk Creek Pipeline, permitted by USR18-0043, and being the sole reason for the proposed Pump Station. The proposed facility will be located on newly created Lot A of Recorded Exemption, RECX20-0068, which was split out of the larger northeast quarter section of land, owned by Matthew and Bethany Kilmer. The Kilmers were the original property owner listed for this USR application and had granted written authorization for the proposed Pump Station when the USR application was submitted on October 9, 2020. Thereafter, the Kilmer's sold Lot A of Recorded Exemption, RECX20-0068, to ONEOK upon recordation of the plat on September 23, 2020, via Warranty Deed recorded October 27, 2020. The Kilmers continue to own all the surrounding parcels, comprised primarily of quarter sections, around the subject ONEOK property. The closest residence is approximately 0.37 miles to the southwest from the USR boundary and is owned by the Kilmers. Weld County Department of Planning Services staff sent notice to two (2) surrounding property owners within 500 feet of the proposed USR boundary. No written correspondence or telephone calls were received. Due to the rural and minimal surrounding land uses and the limited adjacent property ownership, the facility appears to be compatible with the area. Additionally, this facility by nature, must be located immediately adjacent to the existing pipeline and this site appears as suitable as any along the route in Weld County. D. Section 23-2-230.B.4 — That the uses which would 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 property is located approximately 0.41 miles west of County Road 157, being the joint Logan County and Weld County line. Logan County did not return a referral response. This site is not located within a Coordinated Planning Agreement boundary or three (3) mile referral radius of a municipality. The site is located approximately four(4) miles and 12.5 miles to the east-southeast of the unincorporated Stoneham Townsite and the Town of New Raymer, respectively. E. Section 23-2-230.B.5 — That the application complies with Articles V and XI of this Chapter 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 proposed facility is not located within a regulatory floodplain, Municipal Separate Storm Sewer System (MS4) area, Greeley-Weld County Airport Overlay District, Geologic Hazard Overlay District or Historic Townsite 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. 2021-0348 PL2781 SPECIAL REVIEW PERMIT (USR20-0031) — ONEOK ELK CREEK PIPELINE, LLC PAGE 4 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 locational decision for the site was driven by finding adequate space for the facility, avoiding Prime Farmlands and set at an interval that allows for efficient pumping of the natural gas liquids in the Elk Creek Pipeline. The site does not contain Prime Farmlands as detailed in the USDA Natural Resources Conservation Service (NRCS) map. Specifically, the soils are predominately "Blakeland loamy sand," which is classified as "Not prime farmland," per the NRCS Custom Soil Report prepared March 31, 2020, and submitted in the application materials. This soil is principally associated with native rangeland and is found throughout Eastern Colorado. The proposed USR will not remove any irrigated agricultural land from production. The Centennial Conservation District did not return a referral response. 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. The Colorado Division of Water Resources, Weld County Public Health and Environment, and Weld County Department of Public Works referrals provide additional background and advisory information regarding designing and operating the site to protect with the interests of the County, public and other governmental agencies. Additionally, the Lighting Plan, Sign Plan, Landscape and Screening Plan and Emergency Action Plan will assist in mitigating impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of ONEOK Elk Creek Pipeline, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR20-0031, for Oil and Gas Support and Services, specifically Oil and Gas Processing Facilities and related equipment (pump 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. The applicant shall submit a copy of the ONEOK and MCREA lease agreement for the on-site substation. B. A Road Maintenance Agreement is required at this location during construction. Road maintenance includes, but is not limited to, dust control and damage repair to specified construction haul routes. 2021-0348 PL2781 SPECIAL REVIEW PERMIT (USR20-0031) — ONEOK ELK CREEK PIPELINE, LLC PAGE 5 C. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR20-0031. 2) The attached Development Standards. 3) The map shall be prepared per Section 23-2-260.D of the Weld County Code. 4) The applicant shall show and label any proposed structures and equipment. 5) The applicant shall show and label any on-site oil and gas pipeline infrastructure and appurtenances. 6) The applicant shall show and label the MCREA substation, overhead lines, and electrical interconnects on the site. 7) The applicant shall show and label the general location of the construction storage and parking areas, in reference to Section 23-2-240.A.6 and Chapter 23, Article IV, Division 1 of the Weld County Code. 8) The applicant shall show and label the location of any buffering, screening, fencing and gates. The applicant shall include specification details on the USR map, in reference to Section 23-2-240.A.10 of the Weld County Code. 9) The applicant shall show and label the location of the emergency and site identification signage. The applicant shall include sign specification details on the USR map, in reference to Section 23-2-240.A.12, Chapter 23, Article IV, Division 2, and Appendices 23-C, 23-D and 23-E of the Weld County Code. Sign dimensions shall adhere to the Weld County Sign Code. 10) 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. 11) The applicant shall show and label any on-site lighting. 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, in reference to Section 23-2-250.D of the Weld County Code for design criteria. 12) The applicant shall show and label the setback radiuses for existing oil and gas tank batteries and wellheads, if applicable. Setback 2021-0348 PL2781 SPECIAL REVIEW PERMIT (USR20-0031) —ONEOK ELK CREEK PIPELINE, LLC PAGE 6 requirements are located in Section 23-3-70.E of the Weld County Code. 13) 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, including the MCREA substation easement, Elk Creek Pipeline easement and USR18-0043. 14) County Road 82 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. All setbacks shall be measured from the edge of the right-of-way. This road is maintained by Weld County. 15) County Road 157 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. The applicant shall show and label the section line Right-of-Way as "CR 157 Section Line Right-Of- Way, Not County Maintained." All setbacks shall be measured from the edge of right- of-way. 16) The applicant shall show and label the approved access locations, approved access width and the appropriate turning radii. The applicant must obtain an Access Permit in the approved location prior to construction. 17) 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. 18) 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. 19) The applicant shall show and label the drainage flow arrows. 20) The applicant shall show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. 2. 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 2021-0348 PL2781 SPECIAL REVIEW PERMIT (USR20-0031) — ONEOK ELK CREEK PIPELINE, LLC PAGE 7 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. 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map not be recorded within the required 120 days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period. 4. Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. B. The applicant shall develop an Emergency Action and Safety Plan with the Weld County Office of Emergency Management and the New Raymer - Stoneham 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. C. The approved access shall be permitted prior to on-site construction. 5. The Use by Special Review 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 map 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. 2021-0348 PL2781 SPECIAL REVIEW PERMIT (USR20-0031) — ONEOK ELK CREEK PIPELINE, LLC PAGE 8 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of February, A.D., 2021. BOARD OF COUNTY COMMISSIONERS dithA) ��,��,,// WELD COUNTY, COLORADO ATTEST: W adt0;t i ,,,<& Steve oreno, Chair Weld County Clerk to the Board I. Sc es, Pro-T BY: / L ki i_• Deputy Clerk to the Board'ri�/� Perry L. Bu APP' e ED A;,�i FOR `► grty �,� ` 400Ir I I ` . , _ '% ike Freeman ' ounty :orney / ;** 7 po -•,i Lori Saine Date of signature: 0 `•,�����, ,. 2021-0348 • PL2781 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS ONEOK ELK CREEK PIPELINE, LLC USR20-0031 1. The Site Specific Development Plan and Use by Special Review Permit, USR20-0031, is for Oil and Gas Support and Services, specifically Oil and Gas Processing Facilities and related equipment (pump 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. The facility will operate 24 hours per day, 365 days per year, according to the application materials. 4. The facility is unmanned. Routine operation, maintenance, and inspection activities will occur as needed. No permanent employees are proposed, according to the application materials. 5. The on-site circulation shall be maintained. 6. The operator shall maintain compliance with the accepted Sign Plan. All signs shall adhere to Section 23-2-240.A.12, Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. 7. The operator shall maintain compliance with the accepted Decommissioning Plan. 8. The operator shall maintain compliance with the accepted Lighting Plan. 9. 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. 10. 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 of the Fire District and the Weld County Office of Emergency Management to the Department of Planning Services. 11. 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. 12. 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. 2021-0348 PL2781 DEVELOPMENT STANDARDS (USR20-0031) — ONEOK ELK CREEK PIPELINE, LLC PAGE 2 13. 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 facility shall operate in accordance with Chapter 14, Article I, of the Weld County Code. 14. Fugitive dust should attempt to be confined on the property. Uses on the property shall comply with the Colorado Air Quality Commission's Air Quality Regulations. 15. The operation 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. 16. During the construction phase, adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. As employees or contractors are onsite for less than two (2) consecutive hours a day portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. Portable toilets shall be screened from existing adjacent residential properties. 17. All potentially hazardous 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. 18. 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 Commission (COGCC) Rule 604 and/or the provisions of the State Underground and Above Ground Storage Tank Regulations. 19. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does not occur. 20. Any contaminated soils on the facility shall be removed, treated or disposed of, in accordance with all applicable rules and regulations. All spills will be reported to local, state, and federal agencies in accordance with all state and federal regulations. 21. The applicant shall obtain a Colorado Discharge Permit System permit from the Colorado Department of Public Health and Environment, Water Quality Control Division, if applicable. 22. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable provisions of 40 CFR, Part 112, shall be available onsite or as applicable. 2021-0348 PL2781 DEVELOPMENT STANDARDS (USR20-0031) — ONEOK ELK CREEK PIPELINE, LLC PAGE 3 23. The facility shall notify the County of any revocation and/or suspension of any state-issued permit. 24. The applicant 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. 25. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 26. 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. 27. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off-site tracking. 28. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized. 29. Any work that may occupy and/or encroach upon any County rights-of-way or easement shall acquire an approved Right-of-Way Use Permit prior to commencement. 30. The property owner shall comply with all requirements provided in the executed Road Maintenance Agreement. 31. The historical flow patterns and runoff amounts on the site will be maintained. 32. Weld County is not responsible for the maintenance of on-site drainage related features. 33. Building Permits may be required, for any new construction or set up manufactured structure, per Section 29-3-10 of the Weld County Code. A Building Permit application must be completed and submitted. 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, 2006 International Energy Code, 2017 National Electrical Code, and Chapter 29 of the Weld County Code. A plan review shall be approved, and a permit must be issued prior to the start of construction. 34. A complete code analysis prepared by a registered design professional is required and shall be submitted with all Commercial Building Permit Applications to Weld County. A Floor Plan shall be submitted showing room dimensions, room uses, along with details showing compliance with Accessibility requirements and currently adopted building codes. 35. All new Commercial Building Projects require Fire District Notification (letter or email form). Proof shall be submitted with Commercial Permit applications. Final Fire District Approval is also required prior to issuing a Certificate of Occupancy. 2021-0348 PL2781 DEVELOPMENT STANDARDS (USR20-0031) — ONEOK ELK CREEK PIPELINE, LLC PAGE 4 36. 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. 37. 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. 38. The property owner or operator shall be responsible for complying with all 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 Corn m issioners. 39. 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. 40. 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. 2021-0348 PL2781 Hello