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HomeMy WebLinkAbout20191733.tiffRESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR19-0004, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS SUPPORT AND SERVICE, NATURAL GAS PROCESSING FACILITY TO INCLUDE A 20 -MILLION STANDARD CUBIC -FOOT PER DAY (MMSCFD) TRAIN, A 60-MMSCFD TRAIN, A 200-MMSCFD TRAIN, AND A 60-MMSCFD COMPRESSOR STATION; A 5 -MV SUBSTATION, ONE (1) COMMUNICATION TOWER UP TO 70 FEET IN HEIGHT; TRANSLOADING AND UP TO TWELVE (12) TEMPORARY CONSTRUCTION TRAILERS, AND UP TO SIX (6) TEMPORARY (DURING CONSTRUCTION) CONEX CONTAINERS IN THE A (AGRICULTURAL) ZONE DISTRICT - GABEL CATTLE, LLC, C/O CURETON FRONT RANGE, 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 15th day of May, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Gabel Cattle, LLC, P.O. Box 717, Galeton, Colorado 80622, do Cureton Front Range, LLC, 518 17th St., Suite 1405, Denver, Colorado 80202, for a Site Specific Development Plan and Use by Special Review Permit, USR19-0004, for Mineral Resource Development Facilities, Oil and Gas Support and Service, Natural Gas Processing Facility to include a 20 -million standard cubic -foot per day (MMscfd) train, a 60-MMscfd train, a 200-MMscfd train, and a 60-MMscfd compressor station; a 5 -MV substation, one (1) communication tower up to 70 feet in height; transloading and up to twelve (12) temporary construction trailers, and up to six (6) temporary (during construction) conex containers in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: SE1/4 of Section 30, Township 9 North, Range 60 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.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. ca: PLC KO/TP), Pcofl-!t3/T -), �(-IC(3F), Ca C C), O PPL C2.PPL R€P Ocoio3t19 2019-1733 PL2666 SPECIAL REVIEW PERMIT (USR19-0004) - GABEL CATTLE, LLC, CIO CURETON FRONT RANGE, LLC PAGE 2 1 Section 22-2-80.F (I.Goal 5) states: "Minimize the incompatibilities that occur between industrial uses and surrounding properties."The facility is located on the 316 +/- acre parcel with all equipment fenced and gated. The proposed facility will not result in a substantial adverse impact on the other property in the vicinity of the subject property. The uses which will be permitted, will be compatible with the existing surrounding land uses. The surrounding properties are generally large dryland agricultural lots with oil and gas encumbrances. There are two (2) residences located to the west, Krier at 2.5 miles and Mendoza 2.14 miles from the residence to the west property line of the facility. There are three (3) residences located to the north, Gable Land and Cattle at 0.89 miles, Nelson at 1.6 miles and Rohn at 1.95 miles from their respective residence to the north property line. To the east there are several residences located in the Keota Townsite with the Bashor residence located 3.53 miles to the east property line. No residential structures were identified to the south of the proposed facility. The proposed Development Standards address lighting, screening, noise standards, access and tracking control. The Department of Planning Services has not received any comments from the surrounding property owners or other interested persons regarding the proposed modification. 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 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. The proposed Use is in an area that can support this development. The proposed 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. 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 provides for a Site Specific Development Plan and Use by Special Review Permit for Mineral Resource Development facilities, Oil and Gas Support and Service, Natural 2019-1733 PL2666 SPECIAL REVIEW PERMIT (USR19-0004) - GABEL CATTLE, LLC, C/O CURETON FRONT RANGE, LLC PAGE 3 Gas processing facilities, related equipment and structures, including storage yards, Section 23-3-40.A.7 allows for Transloading, and Section 23-3-40.L allows for an up to 70 -foot in height Telecommunication Antenna Tower in the A (Agricultural) Zone District. C. Section 23-2-230.6.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The existing site is surrounded by dryland pasture grasses with oil and gas encumbrances. There are limited rural residences in the immediate area. Cureton Front Range, LLC, is committed to mitigating potential off -site transient lighting and noise impacts generated by this facility and will, through a combination of equipment and engineering measures, maintain and comply with the applicable noise standard for the proposed Hookside Gas Plant and Compressor Station Facility. Once the construction is completed, the disturbed area will be replanted with native grasses compliant with the Weld County seed mix requirements. There are four (4) Special Use Permits within two (2) miles of the proposed facility. To the west is USR13-0018 for the Sterling Energy Gas Plant; SUP -333 for a 345 -kV Transmission Line, and USR-992 and SUP -262 for open pit mining. To the north is the Southern Star/Williams Energy Company FERC permitted pipeline. 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 not located within the three (3) mile referral area of an incorporated municipality or a County. E. Section 23-2-230.B.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The site is not in a Floodplain or a Geologic hazard area, the MS4 area or Airport 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 proposed gas plant and compressor station facility will be located on approximately 114 acres of "High Potential Dry Cropland — Prime if they become Irrigated" and approximately 202 acres of "Prime if Irrigated," per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. There is no irrigation water associated with the parcel and, therefore, the property owner will not be taking any Prime agricultural land out of production. 2019-1733 PL2666 SPECIAL REVIEW PERMIT (USR19-0004) - GABEL CATTLE, LLC, C/O CURETON FRONT RANGE, LLC PAGE 4 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 Gabel Cattle, LLC, do Cureton Front Range, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR19-0004, for Mineral Resource Development Facilities, Oil and Gas Support and Service, Natural Gas Processing Facility to include a 20 -million standard cubic -foot per day (MMscfd) train, a 60-MMscfd train, a 200-MMscfd train, and a 60-MMscfd compressor station; a 5 -MV substation, one (1) communication tower up to 70 feet in height; transloading and up to twelve (12) temporary construction trailers, and up to six (6) temporary (during construction) conex containers 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 USR map: A. The applicant shall submit a deed for the southeast quarter of Section 30, Township 9 North, Range 60 West of the 6th P.M., Weld County, Colorado B. An Improvements and 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. The Agreement shall include provisions addressing engineering requirements, submission of collateral, and testing and approval of completed improvements. C. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the state of Colorado is required. D. The applicant shall develop a Lighting Plan, including the Dark Sky Policy, for review and acceptance in accordance with Section 23-9-40 and Section 23-2-250 of the Weld County Code. E. The applicant shall develop a Decommissioning Plan for review and acceptance by the Department of Planning Services. F. The applicant shall develop a Sign Plan for review and approval in compliance with Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code to the Department of Planning Services. G. The applicant shall attempt to address the concerns of the Colorado Department of Public Health and Environment, as stated in the referral dated February 21, 2019. 2019-1733 PL2666 SPECIAL REVIEW PERMIT (USR19-0004) - GABEL CATTLE, LLC, C/O CURETON FRONT RANGE, LLC PAGE 5 H. Prior to Recording the USR Map, the map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR19-0004. 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 delineate the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. 5) County Road 99 Section Line is shown to have right-of-way, per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-way on the site plan. The applicant shall show and label the section line right-of-way as "CR 99 Section Line Right -of -Way, not County maintained." All setbacks shall be measured from the edge of the right-of-way. 6) 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. 7) County Road 100 is a gravel road and is designated on the Weld County Functional Classification Map as a collector road, which requires 80 feet of right-of-way at full buildout. The applicant shall delineate the existing and future right-of-way on the site plan. All setbacks shall be measured from the edge of the right-of-way. This road is maintained by Weld County. 8) The applicant shall show and label the approved tracking control on the site plan. 9) 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. 10) 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. 2019-1733 PL2666 SPECIAL REVIEW PERMIT (USR19-0004) - GABEL CATTLE, LLC, C/O CURETON FRONT RANGE, LLC PAGE 6 11) The applicant shall show and label the drainage flow arrows. 12) The applicant shall show and label the parking. 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 map 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. 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. 5. Prior to the issuance of the Certificate of Occupancy: A. An engineered Onsite Wastewater Treatment System and a commercial well will be permitted and constructed for drinking and sanitary purposes at the proposed facility. 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. The applicant shall 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 2019-1733 PL2666 SPECIAL REVIEW PERMIT (USR19-0004) — GABEL CATTLE, LLC, CIO CURETON FRONT RANGE, LLC PAGE 7 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of May, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WAD COUNTY, CO RADO ATTEST: dae J �C,Gto: t, Weld County Clerk to the Board BY: Deputy Clerk t ty Attorney 1 Date of signature: (0 3/iQ rbara Kirkmeyer, Chair Mike Freeman, Pro-Tem Steve Moreno 2019-1733 PL2666 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS GABEL CATTLE, LLC, CIO CURETON FRONT RANGE, LLC USR19-0004 1. The Site Specific Development Plan and Use by Special Review Permit, USR19-0004, is for Mineral Resource Development Facilities, Oil and Gas Support and Service, Natural Gas Processing facility to include a 20 -million standard cubic foot per day (MMscfd) train, a 60-MMscfd train, a 200-MMscfd train, and a 60-MMscfd compressor station; a 5 -MV substation; one (1) communication tower up to 70 -feet in height; Transloading and up to twelve (12) temporary construction trailers; and up to six (6) temporary (during construction) conex containers 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 hours of operation are 24 hours a day, seven (7) days a week, as stated in the application. 4. The number of full-time, on -site employees at full buildout is limited to twenty-three (23). 5. 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. 6. The applicant shall maintain compliance with the Nosie Mitigation Plan. 7. The applicant shall maintain compliance with the approved Lighting Plan. 8. The applicant shall maintain compliance with the approved Decommissioning Plan. 9. 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. 10. 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, including the Dark Sky Policy. 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. 11. The owner of the communication tower shall allow co -location by other telecommunication providers as long as the owner's security protocols can be met. 2019-1733 PL2666 DEVELOPMENT STANDARDS (USR19-0004) - GABEL CATTLE, LLC, C/O CURETON FRONT RANGE, LLC PAGE 2 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, once the facility is a manned facility (i.e., Phase 2 and beyond). 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 public view. 18. Any septic system located on the property must comply with all provisions of the Weld County Code pertaining to On -site Wastewater Treatment Systems. A permanent adequate water supply shall be provided for drinking and sanitary purposes. 19. All potentially hazardous 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. 20. 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) Rules and/or the provisions of the State Underground and Above Ground Storage Tank Regulations. 21. As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable provisions of 40 CFR, Part 112, shall be available. 2019-1733 PL2666 DEVELOPMENT STANDARDS (USR19-0004) - GABEL CATTLE, LLC, C/O CURETON FRONT RANGE, LLC PAGE 3 22. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does not occur. 23. 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. 24. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in C.R.S. §25-12-103. 25. The applicant shall obtain a Colorado Discharge Permit System (CDPS) permit from the Colorado Department of Public Health and Environment (CDPHE), Water Quality Control Division, as applicable. 26. The facility shall notify the County of any revocation and/or suspension of any state -issued permit. 27. The 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. 28. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 29. 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. 30. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 31. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. 32. 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. 33. The property owner shall comply with all requirements provided in the executed Improvements Agreement. 34. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. 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. 2019-1733 PL2666 DEVELOPMENT STANDARDS (USR19-0004) - GABEL CATTLE, LLC, C/O CURETON FRONT RANGE, LLC PAGE 4 37. A building permit 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 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 registered State of Colorado engineer shall be required or an Open Hole Inspection. 38. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. 39. Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. 40. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 41. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 42. 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. 43. 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. 44. 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. 45. 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 2019-1733 PL2666 DEVELOPMENT STANDARDS (USR19-0004) - GABEL CATTLE, LLC, C/O CURETON FRONT RANGE, LLC PAGE 5 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. 46. 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. 2019-1733 PL2666 Hello