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HomeMy WebLinkAbout20131479.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bill Hall, 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: USR13-0002 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. 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 22-6-20.C.1 - ECON.Policy 1.1. Promote the expansion and diversification of the industrial economic base to achieve a well-balanced industrial sector in order to provide a stable tax base and a variety of job opportunities for County citizens. Section 22-2-80.D - I. Goal 4 states, 'All new industrial development should pay its own way." The applicant will be responsible for covering all costs for all on -site and any applicable off -site improvements associated with this use, as required through the Improvements Agreement and Conditions of Approval. 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." 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." Section 22-2-20. G.A. Goal 7. States: "County land use regulations should protect the individual property owner's right to request a land use change." This USR is adjacent to USR-1772 which was approved for an oil and gas support and service facility. The adjacent properties are primarily dry farmland and grazing land. Section 22-2-20. A. Goal 9. States: "Reduce potential conflicts between varying land uses in the conversion of traditional agricultural lands to other land uses." The improvements on the property consist of oil and gas processing plant, an office, and up to two control rooms. The remote location, along with the Development Standards and the other Conditions of Approval, will assist in mitigating the impacts of the facility on the adjacent properties. x13.- 141g RESOLUTION USR13-0002 BEAR TRACKER ENERGY, LLC PAGE 2 B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.A.1. of the Weld County Code allows for, 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. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The site is approximately 11 miles northwest of the Town of Grover. The adjacent properties are primarily dry farmland and grazing land. The closest residence is one (1) mile south of the proposed facility on CR 71. USR-1772 for an oil and gas facility is north of and adjacent to this USR request. This site is currently part of USR-1772 and is required to submit a partial vacation for USR-1772. USR-817 for gravel mining is approximately one mile west and USR-432 for a 172 head dairy is approximately one mile south of this site. 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 located within three miles of any municipality. E. Section 23-2-220.A.5 -- The application complies with Article V of the Weld County Code. The existing site is within the County Road Impact Fee Area and the Capital Expansion Impact Fee and Drainage Impact Fee areas. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. 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. 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. The proposed facility is located on soils designated as "High Potential Dry Cropland - Prime if they become irrigated" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. There are improvements on the site already. The proposed USR will not take any Prime (Irrigated) Farmland out of production. G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. 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 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: RESOLUTION USR13-0002 BEAR TRACKER ENERGY, LLC PAGE 3 A. The applicant shall submit a request to partially vacate USR-1772 for Lot A of RECX12-0082 per Section 23-2-260. D. (Department of Planning Services) B. Signs shall be in compliance with Chapter 23, Article IV, Division II and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) C. A Lighting Plan, including cut -sheets of the lamps proposed, shall be provided to the Department of Planning Services for review and approval. The lighting plan shall adhere to the lighting requirements for off-street parking spaces per Section 23-4-30.E of the Weld County Code and shall adhere to the lighting standards, in accordance with Section 23-3-360.F and Section 23-2- 250.D of the Weld County Code. Further, the approved Lighting Plan shall be delineated on the plat. (Department of Planning Services) D. The applicant shall update the waste handling plan to include 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). 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). (Department of Public Health & Environment) E. The plat shall be amended to delineate the following: 1) All sheets of the plat shall be labeled USR13-0002. (Department of Planning Services) 2) The attached Development Standards. (Department of Planning Services) 3) The plat shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4) The approved Signage Plan. (Department of Planning Services) 5) The approved Lighting Plan. (Department of Planning Services) 6) All easements of record. (Department of Planning Services) 7) 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. Areas used for storage or trash collection shall be screened from adjacent properties and public rights -of -way. These areas shall be designed and used in a manner that will prevent trash from being scattered by wind or animals. (Department of Planning Services) 8) County Roads 71 and 136.5 are designated on the Weld County Road Classification Plan as local gravel roads, which require 60 feet of right-of-way at full build out. The applicant shall verify the existing right-of-ways and the documents creating the right-of-ways and this information shall be noted on the plat. All setbacks shall be measured from the edge of future right-of-ways. If the right-of-ways cannot be verified, it shall be dedicated. These roads are maintained by Weld County. (Department of Public Works) 9) Show the approved accesses on the plat and label with the approved access permit numbers (AP11-00202 for the County Road 71 access and AP12-00065 for the County Road 136.5 access). (Department of Public Works) RESOLUTION USR13-0002 BEAR TRACKER ENERGY, LLC PAGE 4 10) Label the recording information with the reception number and date for the drainage easement for conveyance and detention facilities on the neighboring property. (Department of Public Works) 11) Show and label the tracking control at the site accesses. (Department of Public Works) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit three (3) paper copies or one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the plat 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 the Department of Planning Services. 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) 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 added for each additional three (3) month period. (Department of Planning Services) 4. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB).. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maus(a)co.weld.co.us (Department of Planning Services) 5. The Use by Special Review 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. (Department of Planning Services) 6. 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) 7. Prior to operation: 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 & Environment) Motion seconded by Joyce Smock. RESOLUTION USR13-0002 BEAR TRACKER ENERGY, LLC PAGE 5 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 4th of June, 2013. Digitally signed by Kristine Ranslem Date: 2013.06.07 13:45:27 -06'00` Kristine Ranslem Secretary SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS USR13-0002 1. A Site Specific Development Plan and Use By Special Review Permit, USR13-0002, 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. (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. The number of on -site employees shall be limited to 4 full-time employees, as stated in the application materials. (Department of Planning Services) 4. The hours of operations shall be 24 hours a day, 7 days a week, as stated in the application materials. (Department of Planning Services) 5. All signs, if any, shall be in compliance with the Weld County Code. (Department of Planning Services) 6. 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) 7. 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) 8. 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) 9. The applicant will take into consideration storm water capture/quantity and provide accordingly for best management practices. (Department of Public Works) 10. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 11. 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 & Environment) 12. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health & Environment) 13. 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 & Environment) 14. The applicant shall operate in accordance with the approved "waste handling plan" and SPCC plan, at all times. (Department of Public Health & Environment) RESOLUTION USR13-0002 BEAR TRACKER ENERGY, LLC PAGE 7 15. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges from the washing in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health & Environment) 16. 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 & Environment) 17. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone s delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health & Environment) 18. Adequate drinking, hand washing and toilet facilities shall be provided at all times. (Department of Public Health & Environment) 19. 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 & Environment) 20. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health & Environment) 21. Floor drain wastes shall be captured in a watertight vault and hauled off for proper disposal. Records of installation, maintenance, and proper disposal shall be retained. (Department of Public Health & Environment) 22. The Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times. (Department of Public Health & Environment) 23. Groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically thereafter. (Department of Public Health & Environment) 24. All potentially hazardous chemicals must be 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 & Environment) 25. The applicant shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations. (Department of Public Health & Environment) 26. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health & Environment) 27. 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; and Neither direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets and no colored lights may be used which may be confused with or construed as traffic control devices. (Department of Planning Services) 28. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. (Ordinance 2011-2) 29. Building Permits issued on the lot, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. (Ordinance 2011-2) RESOLUTION USR13-0002 BEAR TRACKER ENERGY, LLC PAGE 8 30. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, of the Weld County Code. 31. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, of the Weld County Code. 32. 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. 33. 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. 34. 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. 35. 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 RESOLUTION USR13-0002 BEAR TRACKER ENERGY, LLC PAGE 9 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 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. (Department of Planning Services) P[YlIr,L/S (q4/13 Gas throughout northern Weld County will be piped to this facility to be treated for use by consumers an 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. a0/3 -I41 � The original site was limited to two (2) access points on County Road 71. When they separated the site they requested an additional access on County Road 136.5 and were granted a temporary access. He stated that they would like to make that permanent because it is a separate site and for safety reasons they would like to have 2 access points. Ms. Hansen stated that right now the access is approved for temporary use. She added that the Traffic Engineer would review the application for permanent use and either approve/or deny the access permit. If it would be denied then it would go before the Board of County Commissioners for determination. She said that it is a separate permit process and not something that is granted through the USR process. Brad Yatabe, County Attorney, reiterated that this is not in the purview of the Planning Commission; however there is a process for this separate from this hearing. 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 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 USR13-0002 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Bill Hall, Seconded by Joyce Smock. 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: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: USR13-0011 JENNIFER JAQUISH MICHELLE MARTIN A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A CHILD CARE CENTER IN THE A (AGRICULTURAL) ZONE DISTRICT. LOT A REC EXEMPT RE -3463; PART SW4 SECTION 18, T2N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO. EAST OF AND ADJACENT TO CR 13; NORTH OF CR 20. Michelle Martin, Planning Services, presented Case USR13-0011, 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. Jennifer Petrik, 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. Mickey Leyba-Farnsworth, Permontes Group, 625 Main Street, Longmont Colorado, stated that the applicants are proposing a daycare center at this site. She added that the current access agreement is for this subject site and the parcel to the south for a residential and agricultural use. They are going before the Town of Firestone to request a separate access for commercial use of the daycare center. The applicants intend to limit the daycare center to 12 children. Ms. Farnsworth stated that they are proposing some safety improvements for the crossing of the Firestone trail and will be presenting these to the Town of Firestone. John Jaquish stated that he is a State Certified Daycare Provider and added that he intends to be there on a daily basis. They hope to have a second phase to the facility to add onto the existing garage for future growth. He added that they have discussed annexation into Firestone upon the proposed growth. 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 Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Hello