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HomeMy WebLinkAbout20191334RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR18-0129, FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY, (COMPRESSOR STATION FACILITY) ALONG WITH A 60 -FOOT COMMUNICATION TOWER AND NO MORE THAN NINE (9) CONSTRUCTION TRAILERS AND CONEX STORAGE CONTAINERS TO BE UTILIZED TEMPORARILY DURING CONSTRUCTION OF THE FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT - MATTHEW AND LISA GEIB, C/O ROCKY MOUNTAIN 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 10th day of April, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Matthew and Lisa Geib, 1742 37th Avenue Place, Greeley, Colorado 80634, c/o Rocky Mountain Midstream, LLC, 1 Williams Center, Tulsa, Oklahoma 74172, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0129, for an Oil and Gas Support and Service Facility, (compressor station facility) along with a 60 -foot Communication Tower and no more than nine (9) construction trailers and conex storage containers to be utilized temporarily during construction of the facility in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot A of Recorded Exemption, RECX19-0013; being part of the NE1/4 of Section 26, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was present, 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. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 23-2-230.6 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. cc.' PL (CG(TP), &HC6F). CO -C (,C), G-PPL. G,PPL R£P 0S c 1 I q 2019-1334 PL2667 SPECIAL REVIEW PERMIT (USR18-0129) - MATTHEW AND LISA GEIB, 0/O ROCKY MOUTAIN MIDSTREAM, LLC PAGE 2 1) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of agricultural land to nonurban residential, commercial and industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region." The agricultural land that Rocky Mountain Midstream, LLC, is proposing to convert to industrial use is located in a rural area where there is a significant amount of oil and gas activity occurring on adjacent properties. Conditions of Approval and Development Standards (including noise standards and lighting standards) will ensure compatibility with the region as well. 2) Section 22-5-100.A (OG.Goal 1) states: "Promote the reasonable and orderly exploration and development of oil and gas mineral resources." Rocky Mountain Midstream, LLC, is proposing to expand operations in Weld County. Rocky Mountain Midstream is a business that is in the midstream segment of the natural gas industry. As part of its business, Rocky Mountain Midstream gathers raw natural gas via pipelines for processing and transmits final products to customers via pipelines. In Weld County, Rocky Mountain Midstream operates an expanding network of gathering pipelines and compressor facilities. The DJ Basin area has seen rapid expansion as new drilling technologies are allowing more oil and gas to be produced. As a result, gas gathering and processing capacity needs to be expanded in order to meet the growing production. This proposed compressor station facility will connect to the Greeley Directional and Ardey pipelines that connect to the Fort Lupton Gas Plant (USR17-0059) and Keenesburg Gas Plant. This proposal has been reviewed by the appropriate referral agencies and has been determined that the attached Conditions of Approval and Development Standards ensure that 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 due to the construction of this facility. B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.A.2 of the Weld County Code provides for Mineral Resource Development, Oil and Gas Support and Service as a Use by Special Review in the A (Agricultural) Zone District. 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 without the 2019-1334 PL2667 SPECIAL REVIEW PERMIT (USR18-0129) - MATTHEW AND LISA GEIB, C/O ROCKY MOUTAIN MIDSTREAM, LLC PAGE 3 interference of other, incompatible land uses. The A (Agricultural) Zone District is also intended to provide areas for the conduct of Uses by Special Review, which have been determined to be more intense or to have a potentially greater impact than Uses Allowed by Right. The A (Agricultural) Zone District regulations are established to promote the health, safety and general welfare of the present and future residents of the County. Conditions of Approval and Development Standards (screening, lighting, noise abatement plan) will address impacts associated with this use. C. Section 23-2-230.6.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The proposed Compressor Station site is located approximately 1,700 feet from the nearest residences. An existing Oil and Gas Support Facility (USR15-0063 - Storage of oil and gas pipe and equipment) is located approximately 2,000 feet to the east. Existing Oil and Gas tank batteries are located approximately 1,200 feet to the east, as well. The nearest residences are located approximately 0.25 to 0.5 miles to the north and east of the proposed compressor station facility. No phone calls or correspondence has been received from surrounding property owners regarding this case. A Noise Abatement Plan, Lighting Plan and Screening Plan are required as a Condition of Approval of this USR. 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. The site is located within the three (3) mile referral areas of the City of Greeley, City of Evans, and Town of Kersey. The proposed facility is also located within the Cooperative Planning Agreement (IGA) boundaries of the City of Evans and the Town of Kersey. Prior to acceptance of the application, this application was referred to the City of Evans and Town of Kersey. Both Evans and Kersey indicated that they did not wish to annex the site, in the responses dated January 15, 2019. The City of Greeley, in the referral comments dated March 6, 2019, indicated no concerns. No referral response has been received from either the City of Evans or Town of Kersey. E. Section 23-2-230.6.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The property is not within the Geologic Hazard Overlay District or a Special Flood Hazard Area. The property is located in the Airport Overlay District. The Greeley -Weld County Airport indicated no comments in the referral dated January 22, 2019. 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. 2019-1334 PL2667 SPECIAL REVIEW PERMIT (USR18-0129) - MATTHEW AND LISA GEIB, CIO ROCKY MOUTAIN MIDSTREAM, 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 proposed facility is located on approximately ten (10) acres, delineated as "Irrigated Land (Non -Prime)," per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Matthew and Lisa Geib, do Rocky Mountain Midstream, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0129, for an Oil and Gas Support and Service Facility, (compressor station facility) along with a 60 -foot Communication Tower and no more than nine (9) construction trailers and conex storage containers to be utilized temporarily during construction of the facility 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 plat: A. During construction, 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 Certification of Compliance, stamped and signed by a Professional Engineer registered in the State of Colorado, is required. C. The applicant shall provide an updated Noise Abatement Plan. The Noise Abatement Plan shall include noise modeling for the facility in its buildout condition. D. The applicant shall submit a Screening/Landscaping Plan that screens the site from the surrounding property owners and rights -of -way for review and approval by the Department of Planning Services. An irrigation and landscaping maintenance plan shall be provided. E. The RECX19-0013 plat shall be submitted to the Department of Planning Services for recording. F. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR18-0129. 2019-1334 PL2667 SPECIAL REVIEW PERMIT (USR18-0129) - MATTHEW AND LISA GEIB, 0/O ROCKY MOUTAIN MIDSTREAM, LLC PAGE 5 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 on the map the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. 5) The map shall delineate the approved 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 and Appendices 23-C, 23-D and 23-E of the Weld County Code. 8) County Road 47 is a paved 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. 9) County Road 54 is a paved road and is designated on the Weld County Functional Classification Map as an arterial road, which requires 140 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. 10) The applicant shall show and label the approved access locations, approved access width, and the appropriate turning radii (60 feet) on the site plan. The applicant must obtain an Access Permit in the approved location(s) prior to construction. 11) The applicant shall show and label the approved tracking control on the site plan. 12) 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 2019-1334 PL2667 SPECIAL REVIEW PERMIT (USR18-0129) - MATTHEW AND LISA GEIB, 0/O ROCKY MOUTAIN MIDSTREAM, LLC PAGE 6 distance from the gate to the edge of the traveled surface be less than 35 feet. 13) If applicable, the applicant shall show and label a 30 -foot minimum access and utility easement to provide legal access to the parcel on the site plan. 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 drainage flow arrows. 16) The applicant shall show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. 17) The applicant shall show and label all recorded easements on the map by book and page number or reception number and date on the site plan. 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy (.pdf), or one (1) paper copy, 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 one hundred twenty (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 plat not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall be added for each additional three (3) month period. 4. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review, as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us. 2019-1334 PL2667 SPECIAL REVIEW PERMIT (USR18-0129) - MATTHEW AND LISA GEIB, CIO ROCKY MOUTAIN MIDSTREAM, LLC PAGE 7 5. Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. B. The approved access and tracking control shall be constructed prior to on -site construction. 6. 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. 7. 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 10th day of April, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLO'ADO ATTEST: Weld County Clerk to the Board BY: Deputy Clerk APPAS ounty Attorney Date of signature: t -2.1l"19 ;‘,k Barbara Kirkmeyer, •hair Mike Freeman, Pro-Tem Conway K. James Steve Moreno 2019-1334 PL2667 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS MATTHEW AND LISA GEIB, C/O ROCKY MOUNTAIN MIDSTREAM, LLC USR18-0129 1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0129, is for an Oil and Gas Support and Service Facility (Compressor Station Facility) along with no more than nine (9) construction trailers and conex storage containers to be utilized temporarily during construction of the facility 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 hours of operation are 24 hours per day, 365 days per year. 5. The applicant or operator shall comply with the approved Decommissioning Plan. 6. The applicant or operator shall comply with the approved Noise Mitigation Plan. 7. The applicant or operator shall comply with the approved Communications Plan. 8. The applicant or operator shall comply with the approved Lighting Plan. 9. The parking area on the site shall be maintained. 10. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. 11. The applicant or operator shall comply with the approved Landscaping and Screening Plan. 12. Collocation of other antenna by other service providers shall be permitted on the tower, as long as it meets the security standards and policies of the operator. 13. Upon termination of the use of the communication antenna tower, the equipment shelter, antenna structure, and any associated equipment, shall be removed and the premises restored to its original condition according to the Decommissioning Plan. 14. 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. 15. This site is located within the Airport Overlay District. 2019-1334 PL2667 DEVELOPMENT STANDARDS (USR18-0129) - MATTHEW AND LISA GEIB, 0/O ROCKY MOUNTAIN MIDSTREAM, LLC PAGE 2 16. 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. 17. 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. 18. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article I, of the Weld County Code 19. 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. 20. 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, Colorado Department of Public Health and Environment, as applicable. 21. 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 and shall contain hand sanitizers. Portable toilets shall be screened from adjacent existing properties. 22. 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. 23. 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. 24. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does not occur. 25. 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. 2019-1334 PL2667 DEVELOPMENT STANDARDS (USR18-0129) - MATTHEW AND LISA GEIB, C/O ROCKY MOUNTAIN MIDSTREAM, LLC PAGE 3 26. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in C.R.S. §25-12-103 and comply with the approved Noise Mitigation Plan. 27. 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, if applicable. 28. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable provisions of 40 CFR, Part 112, shall be available on site or as applicable. 29. The facility shall notify the County of any revocation and/or suspension of any state -issued permit. 30. 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. 31. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 32. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. 33. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or offsite tracking. 34. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. 35. The historical flow patterns and runoff amounts on the site will be maintained. 36. Weld County is not responsible for the maintenance of on -site drainage related features. 37. 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. 38. The property owner shall comply with all requirements provided in the executed Road Maintenance Agreement. 39. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. 40. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties and shall incorporate the Dark Sky Policy. Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in accordance with the map. Neither the direct, nor reflected, light from any light source may create a traffic 2019-1334 PL2667 DEVELOPMENT STANDARDS (USR18-0129) - MATTHEW AND LISA GEIB, 0/O ROCKY MOUNTAIN MIDSTREAM, LLC PAGE 4 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. 41. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following have been adopted by Weld County: 2018 International Codes, 2006 International Energy Code, and 2017 National Electrical 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, shall be required or an Open Hole Inspection. 42. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 43. 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. 44. 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. 45. 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 Commissioners. 46. 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 persons 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. 2019-1334 PL2667 DEVELOPMENT STANDARDS (USR18-0129) - MATTHEW AND LISA GEIB, CIO ROCKY MOUNTAIN MIDSTREAM, LLC PAGE 5 47. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the Weld County Code, shall be placed on the map and recognized at all times. 2019-1334 PL2667 Hello