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BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR13-0013
APPLICANT: QUARTER CIRCLE LAZY H RANCH
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FORA MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING
OIL AND GAS SUPPORT AND SERVICE, INCLUDING, BUT NOT LIMITED TOA
NATURAL GAS PROCESSING FACILITY, NEW EQUIPMENT AND PIPE
STORAGE YARD, A LIQUEFIED NATURAL GAS (LNG) PLANT, A LNG STORAGE
FACILITY AND ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICT LNG FUELING FACILITY, A COMMUNICATIONS TOWER
GREATER THAN 70 FEET IN HEIGHT [100 FEET], A MORGAN COUNTY REA
SUBSTATION AND MORE THAN ONE CARGO (CONEX) CONTAINER IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: N2 SECTION 21, T9N, R61 W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 89; ONE MILE NORTH OF CR 102.
be recommended favorably to the Board of County Commissioners 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 Planning Commission that the applicant has shown compliance with Section 23-
2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-5-140.A. AE.Goal 1. States "Support and encourage research, development and
use of alternative energy resources." Further, Section 22-5-140 A.2 AE.Policy 1.3 states
"Support the development and use of biofuels." Noble Energy is proposing a liquefied natural
gas [LNG] plant and storage facility. The LNG will be placed into vacuum insulated storage
tanks for Noble to use to fuel their own rig fleet and well completion operations and/or it could
be trucked off -site to appropriately permitted LNG fueling facilities to be used by others
Section 22-5-100.A. (OG.Goal 1.) states "Promote the reasonable and orderly exploration
and development of oil and gas mineral resources;" and
Section 22-5-100.B. (OG.Goal 2.) states "Ensure that the extraction of oil and gas resources
conserves the land and minimizes the impact on surrounding land and the existing
surrounding land uses;" and
Section 22-5-100.B. (OG.Policy 2.9.) states "Impose protective measures through available
state, County and federal regulations to ensure that the mineral operator conducts operations
in a manner that will minimize current and future environmental impacts."
Section 22-2-80 D. I.Goal 4. of the Weld County Code states: "All new industrial development
should pay its own way." The applicant, Noble Energy, will be paying for all on -site and
offsite improvements associated with this use as required through the improvements
agreement;" and
Section 22-2-20 I. A.Goal 9. States: "Reduce potential conflicts between varying land uses in
the conversion of traditional agricultural lands to other land uses;" and
Section 22-6-20.C.1. ECON.Policy 3.1. County activities and regulation should protect the
rights of private property owners and the public health, safety and welfare, recognizing that
these basic rights and protections allow the free market to prosper and g
economy;" and
070/3 -/Sgt
EXHIBIT
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U3t3-oo 13
RESOLUTION USR13-0013
QUARTER CIRCLE LAZY H RANCH
PAGE 2
Section 22-2-20 1.3. A.Policy 9.3. States: "Consider mitigation techniques to address
incompatibility issues. Encourage techniques and incentives, such as but not limited to
clustered development and building envelopes, to minimize impacts on surrounding
agricultural land;"
The request for a Site Specific Development Plan and Special Review Permit for a Mineral
Resource Development Facility, Oil and Gas Support and Service, including, but not limited
to: a Natural Gas Processing Facility; New Equipment and Pipe Storage Yards; a Central
Processing Facility; a Liquefied Natural Gas (LNG) Plant, LNG Storage and any LNG related
use permitted as a use by right, an accessory use or a use by special review in the
Commercial or Industrial zone district; a Communications Tower greater than 70 feet in height
[100 Feet]; a Morgan County REA substation; and more than one Cargo (Conex) Container in
the A (Agricultural) Zone District. The Noble Energy infrastructure improvements are part of a
new compressor, pipeline and gas processing plant network necessitated by the need to
move larger volumes of gas due to the recent increases in drilling activity and projected
additional production increases. Attached Development Standards and Conditions of
Approval (Noise limits and the requirement that the applicant submit a Lighting Plan) will
address and mitigate impacts on the surrounding area.
B. Section 23-2-220.A.2 -- Section 23-2-220.A.2 -- The proposed use is consistent with the
intent of the A (Agricultural) Zone District. Citing the following Code Sections, Section 23-3-
40.A.1 of the Weld County Code provides for an Oil and gas storage facility, including the
LNG tank farm; Section 23-3-40.A.2 provides for the Natural Gas Processing Facility, New
Equipment and Pipe Storage Yards, a Liquefied Natural Gas (LNG) Plant; Section 23-3-
40.D.3 Public Utilities facility, including the Morgan County REA substation; Section 23-3-
40.K one (1) or more microwave, radio, television or other communication transmission or
relay tower over seventy (70) feet in height per Lot; Section 23-3-40.S provides for any use
permitted as a Use by Right, an accessory use, or a Use by Special Review in the
commercial or industrial zone districts, provided that the property is not a Lot in an approved
or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any
regulations controlling subdivisions and Section 23-3-40.BB addresses more than the number
of cargo containers allowed as a use by right per legal lot or parcel in the A (Agricultural)
Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses. The property slopes east to a low point and west to the same low
point, in effect the property is positioned in a bowl sloping to the north. A gas pipeline bisects
the property northwest to southeast. In the immediate area, there is no residential
development, although there are residences to the south and north a minimum of one mile in
distance of the parcel. The site is currently utilized as range/ pastureland. There are seven
(7) property owners and 11 parcels within five hundred feet of this proposed facility.
D. Section 23-2-220.A.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 within the three mile referral area of a municipality.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County Code.
The existing site is not within a recognized overlay district, including the Geologic Hazard,
Flood Hazard or Airport Overlay District. The existing site is within the County -wide Road
Impact Fee Area.
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. (Ordinance 2011-2)
•
RESOLUTION USR13-0013
QUARTER CIRCLE LAZY H RANCH
PAGE 3
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. This proposed facility is
located on an eighty (80) acre parcel for the Oil and Gas Processing Facility. The proposed
facility is sited on lands that are designated "High Potential Dry Cropland, Prime if they
become Irrigated" and "Other" on the Important Farmlands of Weld County map dated 1979.
G. Section 23-2-220.A.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 ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR13-0013 (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
4. The applicant shall delineate the trash collection areas. Section 23-2-260.C.11 and
Section 23-3-350.A.6 of the Weld County Code address the issue of trash collection
areas. Areas used for storage or trash collection shall be screened from adjacent
public rights -of -way and adjacent properties. These areas shall be designed and
used in a manner that will prevent wind or animal scattered trash. (Department of
Planning Services)
5. County Road 89 is designated on the Weld County Road Classification Plan as local
gravel road, which require 60 feet of right-of-way at full build out. The applicant shall
verify the existing right-of-way and the documents creating the right-of-way and this
information shall be noted on the plat. All setbacks shall be measured from the edge
of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated.
This road is maintained by Weld County. (Department of Public Works)
6. County Road 104 is designated on the Weld County Road Classification Plan as a
Section Line Road. There is 30 feet of unmaintained County section line right-of-way
along the northern property line. The applicant shall verify the existing 30 feet of
right-of-way and the documents creating the right-of-way and this information shall
be noted on the plat. All setbacks shall be measured from the edge of future right-of-
way. This road is not maintained by Weld County. (Department of Public Works)
7. Show the approved access(es) on the Plat and label with the approved access
permit number (will be provided). (Department of Public Works)
8. The approved Lighting Plan for the Facility. (Department of Planning Services)
B. The applicant shall address the concerns of the Weld County Department of Public Health
and Environment, as indicated in their referral dated April 15, 2013, specifically:
RESOLUTION USR13-0013
QUARTER CIRCLE LAZY H RANCH
PAGE 4
1. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.)
and Emissions Permit application from the Air Pollution Control Division, Colorado
Department of Health and Environment, if applicable. Alternately, the applicant can
provide evidence from the APCD that they are not subject to these requirements.
(Note: An Air Pollution Emission Notice (APEN) is also required if the amount of
disturbed area exceeds 25 acres.) (Department of Public Health and Environment)
2. Submit documentation demonstrating that the secondary containment to be
constructed around the aboveground tanks complies with the Colorado Oil and Gas
Conservation Commission's Rule 604. Include specifications for spill containment in
the truck loading/unloading areas. (Department of Public Health and Environment)
3. The applicant shall designate the location of the proposed septic system on the plat.
The septic system must be protected from vehicle traffic. (Department of Public
Health and Environment)
4. The applicant shall submit written evidence from the Colorado Division of Water
Resources, demonstrating that the well is appropriately permitted for the commercial
use. (Department of Public Health and Environment)
In the event the facility's water system serves more 25 persons on a daily basis the
water system shall comply with the Colorado Primary Drinking Water Regulations (5
CCR 1003-1). Evidence shall be provided to the Weld County Department of Public
Health and Environment that the system complies with the Regulations. (Department
of Public Health and Environment)
6. The applicant shall submit a revised waste handling plan, for approval, to the
Environmental Health Services Division of the Weld County Department of Public
Health & Environment. The plan shall include at a minimum, the following:
1. A list of wastes which are expected to be generated on site (this should
include expected volumes and types of waste generated, including waste
generated from equipment maintenance).
2. A list of the type and volume of chemicals expected to be stored on site.
3. The waste handler and facility where the waste will be disposed (including the
facility name, address, and phone number).
4. The approved disposal facility for the waste water stream (including the facility
name, address, and phone number). (Department of Public Health and
Environment)
C. The applicant shall submit a Deed describing the North one-half of the Northwest one -quarter
of Section 21, Township 9 North, Range 61 West of the 67° P.M., County of Weld State of
Colorado. (Department of Planning Services)
D. The applicant shall submit an Improvements Agreement including collateral for all on -site and
off -site improvements as well as road maintenance is required for this site. Road
maintenance including dust control, damage repair, and triggers for improvements will be
included. (Department. of Public Works)
•
E. The applicant shall submit a Final Drainage Report that follows the USR-SPR Drainage
Report Checklist and a complete set of Construction Drawings (including the onsite gravel
section to prevent tracking onto the County roadway) that have been stamped, signed, and
dated by a registered Professional Engineer licensed in the State of Colorado. (Department
of Public Works)
RESOLUTION USR13-0013
QUARTER CIRCLE LAZY H RANCH
PAGE 5
F. The applicant shall submit two (2) paper copies or one electronic copy of the USR Map for
preliminary approval to the Weld County Department of Planning Services. (Department of
Planning Services)
2. Prior to Construction
A. In the event that 1 or more acres are disturbed during the construction and development of
this site, the applicant shall obtain a stormwater discharge permit from the Water Quality
Control Division of the Colorado Department of Public Health and Environment. (Department
of Public Works)
B. If more than 1 acre is to be disturbed, a grading permit will be required prior to the start of
construction. The grading permit application must contain: an erosion and sediment control
plan, a grading plan, installation details of all BMPs to be utilized, typical installation and
maintenance notes for all BMPs to be utilized, and a copy of the approved CDPHE
stormwater permit. (Department of Public Works)
C. Building permits maybe required for the Oil and Gas Support and Service Facility and
associated buildings and equipment, per Section 29-3-10 of the Weld County Code.
(Department of Building inspection)
D. If a building permit application is submitted two complete sets of engineered plans including
engineered foundation plans bearing the wet stamp of a Colorado registered architect or
engineer is required. (Department of Building inspection)
E. A geotechnical engineering report performed by a registered State of Colorado engineer shall
be required or a open hole inspection. (Department of Building inspection)
F. Buildings, equipment and structures shall conform to the requirements of the various codes
adopted at the time of permit application. Currently the following has been adopted by Weld
County: 2012 International Building Code; 2012 International Mechanical Code; 2012
International Plumbing Code: 2012 International Energy Code; 2006 International Fuel Gas
Code; 2011 National Electrical Code; 2009 ANSI 117.1 Accessibility Code the 2012
International Plumbing Code and Chapter 29 of the Weld County Code. (Department of
Building inspection)
G. A plan review shall be approved and a permit must be issued prior to the start of construction.
(Department of Building inspection)
3. Prior to issuance of a Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed facility and shall be
installed according to the Weld County Individual Sewage Disposal Regulations. The septic
system is required to be designed by a Colorado Registered Professional Engineer according
to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health
and Environment)
B. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V
Injection Well permit from the Environmental Protection Agency (EPA) for any large -capacity
septic system (a septic system with the capacity to serve 20 or more persons per day).
Alternately, the applicant can provide evidence from the EPA that they are not subject to the
EPA Class V requirements. (Department of Public Health and Environment)
C. The applicant shall submit evidence of compliance with the Emergency Planning and
Community Right to Know Act [EPCRA] for any hazardous chemical used or stored in the
workplace. (Weld County Office of Emergency Management)
4. One month prior to operation:
RESOLUTION USR13-0013
QUARTER CIRCLE LAZY H RANCH
PAGE 6
A. A signed copy of the Spill Prevention, Control and Countermeasure Plan shall be provided to
Environmental Health Services Division of the Weld County Department of Public Health &
Environment. (Department of Public Health and Environment)
5. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other documentation
required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat
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. (Department of Planning Services)
6. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Amended Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format
type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital
file may be sent to dhuerterAco.weld.co.us. (Department of Planning Services)
7. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, 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
3 month period. (Department of Planning Services)
8. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk
and Recorder. (Department of Planning Services)
Motion seconded by Benjamin Hansford.
VOTE:
For Passage
Robert Grand
Bill Hall
Benjamin Hansford
Against Passage Absent
Mark Lawley
Jason Maxey
Bret Elliott
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
Nick Berryman
Joyce Smock
Jordan Jemiola
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on June 4, 2013.
Dated the 41h of June, 2013.
�. f�.�/J_ Digitally signed by Kristine
451,6Cg2f�Y �'1 id,2l t. Ranslem
Date: 2013.06.0713:40:48 -06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Noble Energy — Keota Oil and Gas Processing Facility
USR13-0013
1. The Site Specific Development Plan and Special Review Permit for a Mineral Resource Development
Facility, including Oil and Gas Support and Service, including, but not limited to: a Natural Gas
Processing Facility; New Equipment and Pipe Storage Yards; a Central Processing Facility; a
Liquefied Natural Gas (LNG) Plant, LNG Storage and any LNG related use permitted as a use by
right, an accessory use or a use by special review in the Commercial or Industrial zone district; a
Communications Tower greater than 70 feet in height [100 Feet]; a Morgan County REA substation
and more than one Cargo (Conex) Container in the A (Agricultural) Zone District, and subject to the
Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
4. 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, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of
Public Health and Environment)
6. The applicant shall operate in accordance with the approved "waste handling plan". (Department of
Public Health and Environment)
7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved "dust abatement plan" at all times. (Department of Public
Health and Environment)
8. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in Section 14-9-30 of the Weld County Code or all applicable State noise statutes and/or
regulations. (Department of Public Health and Environment)
9. The operation shall comply with all applicable oil and gas operations regulated by the Colorado Oil
and Gas Conservation Commission. (Department of Public Health and Environment)
10. In accordance with Colorado Oil and Gas Conservation Commission Rule 604, a spillage retention
berm shall be constructed around the aboveground storage tanks. The volume retained by the
spillage berm should be greater than the volume of the largest tank inside the berm and sufficient
freeboard to contain precipitation. (Department of Public Health and Environment)
11. The facility shall be constructed and operated to ensure that contamination of soil and groundwater
does not occur. (Department of Public Health and Environment)
12. Any petroleum contaminated soils on the facility shall be removed, treated or disposed of in
accordance with all applicable rules and regulations. (Department of Public Health and Environment)
13. A Spill Prevention Control and Countermeasure plan shall be kept on site, at all times. (Department
of Public Health and Environment)
RESOLUTION USR13-0013
QUARTER CIRCLE LAZY H RANCH
PAGE 8
14. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with
product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and
volatile organic compounds (VOC's). All chemicals must be stored secure, on an impervious surface,
and in accordance with manufacturer's recommendations. (Department of Public Health and
Environment)
15. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. (Department of Public Health and Environment)
16. Sewage disposal for the facility shall be by septic system. Any septic system located on the property
must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal
Systems. (Department of Public Health and Environment)
17. Portable toilets and handwash units may be utilized in the load/unload areas for drivers who do not
have access to the office restroom facilities due to security restrictions. 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. (Department of Public Health
and Environment)
18. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
19. In the event the facility's well water system serves more 25 persons on a daily basis the water system
shall comply with the Colorado Primary Drinking Water Regulations (5 CCR 1003-1). If not subject to
these requirements, the Weld County Department of Public Health and Environment strongly
encourages well users to test their drinking water prior to consumption and periodically thereafter.
(Department of Public Health and Environment)
20. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPH&E), Water Quality Control Division, as
applicable. (Department of Public Health and Environment)
21. The facility shall comply with the Air Pollution Emission Notice (A.P.E.N.) permit requirements as
stipulated by the Air Pollution Control Division, Colorado Department of Public Health and
Environment, as applicable. (Department of Public Health and Environment)
22. The operation shall comply with the Occupational Safety and Health Act. (OSHA) (Department of
Public Health and Environment)
23. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
24. Building permits will be required for the Oil and Gas Support and Service Facility and associated
buildings and equipment. (Department of Building inspection)
25. A building permit application must be completed and two complete sets of engineered plans including
engineered foundation plans bearing the wet stamp of a Colorado registered architect or engineer
must be submitted. (Department of Building inspection)
26. A geotechnical engineering report performed by a registered State of Colorado engineer shall be
required or a open hole inspection. (Department of Building inspection)
RESOLUTION USR13-0013
QUARTER CIRCLE LAZY H RANCH
PAGE 9
27. Buildings, equipment and structures shall conform to the requirements of the various codes adopted
at the time of permit application. Currently the following has been adopted by Weld County: 2012
International Building Code; 2012 International Mechanical Code; 2012 International Plumbing Code:
2012 International Energy Code; 2006 International Fuel Gas Code; 2011 National Electrical Code;
2009 ANSI 117.1 Accessibility Code the 2012 International Plumbing Code and Chapter 29 of the
Weld County Code. (Department of Building inspection)
28. Building plans must be reviewed and approved and a permit must be issued prior to the start of
construction. (Department of Building inspection)
29. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the
property or become established as a result of the proposed development, the applicant/landowner
shall be responsible for controlling the noxious weeds. (Department of Public Works)
30. Off-street parking spaces including the access drive shall be surfaced with gravel, asphalt, recycled
asphalt base, concrete or the equivalent and shall be graded to prevent drainage problems.
(Department of Public Works)
31. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
32. The applicant must take into consideration storm water capture/quantity and provide accordingly for
best management practices. (Department of Public Works)
33. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
34. In the event that 1 or more acres are disturbed during the construction and development of this site,
the applicant shall obtain a stormwater discharge permit from the Water Quality Control Division of the
Colorado Department of Public Health and Environment. (Department of Public Works)
35. For any hazardous chemical used or stored in the workplace, facilities must maintain a material safety
data sheet [MSDS] and submit the MSDSs, or a list of chemicals, and the facility's annual inventory,
to the State Emergency Response Commission, the Local Emergency Planning Committee and the
Pawnee Fire Department on or before March 1 of any given year. (Weld County Office of Emergency
Management)
36. The applicant shall submit evidence of compliance with the Emergency Planning and Community
Right to Know Act [EPCRA] for any hazardous chemical uccd or atored in the workplace. (Weld
County Office of Emergency Management)
37. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
Weld County Road Impact Program. (Ordinance 2011-2) (Department of Planning)
•
38. 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. (Ordinance 2011-2) (Department of Planning)
39. The facility will operate 24 hours per day 365 days per year. (Department of Planning Services)
40. The facility will comply with the approved Lighting Plan and Section 23-3-250.D.1 Lighting Standards
of the Weld County Code. (Department of Planning Services)
41. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code. (Department of Planning Services)
RESOLUTION USR13-0013
QUARTER CIRCLE LAZY H RANCH
PAGE 10
42. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code. (Department of Planning Services)
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. (Department of
Planning Services)
44. The 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. (Department of Planning Services)
45. 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. (Department of Planning
Services)
46. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm
vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state
and county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed, will not provide the same kind of surface expected from a paved road. Snow
RESOLUTION USR13-0013
QUARTER CIRCLE LAZY H RANCH
PAGE 11
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
•
PC m riu.>2 to -13
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, June 4, 2013
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Robert Grand, at 1:30 pm.
Roll Call.
Present: Benjamin Hansford, Bill Hall, Jordan Jemiola, Joyce Smock, Nick Berryman, Robert Grand.
Absent/Excused: Bret Elliott, Jason Maxey, Mark Lawley.
Also Present: Kim Ogle, Diana Aungst, and Michelle Martin, Department of Planning Services; Don
Carroll, Heidi Hansen, Jennifer Petrik and Janet Carter, Department of Public Works; Lauren Light and
Mary Evett, Department of Health; Brad Yatabe, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the May 21, 2013 Weld County Planning Commission minutes, Moved by Bill Hall,
Seconded by Nick Berryman. Motion passed unanimously.
CASE NUMBER: USR13-0013
APPLICANT: QUARTER CIRCLE LAZY H RANCH
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING OIL AND GAS SUPPORT AND SERVICE, INCLUDING, BUT NOT
LIMITED TO A NATURAL GAS PROCESSING FACILITY, NEW EQUIPMENT
AND PIPE STORAGE YARD, A LIQUEFIED NATURAL GAS (LNG) PLANT, A
LNG STORAGE FACILITY AND ANY USE PERMITTED AS A USE BY RIGHT,
AN ACCESSORY USE OR A USE BY SPECIAL REVIEW IN THE
COMMERCIAL OR INDUSTRIAL ZONE DISTRICT LNG FUELING FACILITY, A
COMMUNICATIONS TOWER GREATER THAN 70 FEET IN HEIGHT [100
FEET], A MORGAN COUNTY REA SUBSTATION AND MORE THAN ONE
CARGO (CONEX) CONTAINER IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: N2 SECTION 21, T9N, R61W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 89; ONE MILE NORTH OF CR 102.
Kim Ogle, Planning Services, presented Case USR13-0013, reading the recommendation and comments
into the record. The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards. Mr. Ogle stated that staff is recommending
an amendment to Development Standard 36 by deleting the following language "for any hazardous
chemical used or stored in the workplace".
Heidi Hansen, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Motion: Amend Development Standard 36 as stated by staff, Moved by Bill Hall, Seconded by Jordan
Jemiola.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Benjamin Hansford, Bill Hall, Jordan Jemiola, Joyce Smock, Nick Berryman, Robert Grand.
•
Pam Hora, Tetra Tech, stated that she is representing the Keota Oil and Gas Processing Facility. She
said that the facility is on an 80 acre parcel that is part of 320 acres. Noble Energy intends to purchase
the 80 acres upon approval of the Use by Special Review Permit by the Board of County Commissioners.
The uses proposed for the site will consist of a natural gas processing facility, Liquefied Natural Gas
(LNG) Plant and storage facility, central processing facility for oil, storage yards that may include cargo
containers, 100 foot tall communications tower and a power substation. The site will operate 24/7 365
days per year.
A013-15ti
Gas throughout northern Weld County will be piped to this facility to be treated for use by consumers and
then the resulting soluble gas stream would then be piped off site. A by-product of the gas processing
facility is unstabilized condensate. The unstablized condensate will be stabilized at this facility. In
additional unstabilized condensate from Noble Energy's Lily Plant which is located at County Road 96
and County Road 129 will be trucked to this facility to be stabilized. The stabilized condensate will be
sold and trucked off site to locations for use.
Additionally, a Liquefied Natural Gas (LNG) facility will be located on site. She stated that this will be the
largest LNG plant in Colorado.
Ms. Hora requested approval of the case and thanked staff for their help throughout this project.
Commissioner Smock asked for clarification regarding the Homeland Security and how it would affect a
facility that is so far away from everything. Terry Brey, Noble Energy, 1625 Broadway, Denver, Colorado
stated that Homeland Security brought it to their attention because of groups that oppose oil and gas
activity. He added that these type of facilities fall under potential homeland security issues.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR13-0013 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Jordan Jemiola, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Benjamin Hansford, Bill Hall, Jordan Jemiola, Joyce Smock, Nick Berryman, Robert Grand.
CASE NUMBER: USR13-0002
APPLICANT: BEAR TRACKER ENERGY, LLC
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT INCLUDING OIL AND
GAS SUPPORT AND SERVICE (NATURAL GAS PROCESSING FACILITY
WITH A FIELD OFFICE, STORAGE YARD, PROCESSING PLANT, AND A GAS
METERING STATION) IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A OF RECORDED EXEMPTION RECX12-0082; PART OF THE E2NE4
SECTION 26, T12N, R63W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 136.5; WEST OF AND ADJACENT TO CR
71.
Diana Aungst, Planning Services, presented Case USR13-0002, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
Heidi Hansen, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Grant Burchell, Project Manager, Summit Midstream, 999 18th Street, Suite 400 South, Denver, Colorado,
stated that this site was approved last year. EOG had originally planned on doing this project
themselves; however Summit Midstream contracted with them to build this part of the project. It was
approved to build this facility on the south part of the parcel and then because of corporate reasons
Summit Midstream wanted to own the property. Therefore when they purchased the property, EOG said
that they will need a separate USR so a portion of the existing USR will need to be vacated and replaced
with this proposed USR. Mr. Burchell said that the facility has been constructed under the original USR;
however because of new ownership they are requesting to vacate a portion of the existing USR and
replace it with a new permit number.
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