HomeMy WebLinkAbout20131658.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Benjamin Hansford, 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:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR13-0016
NELSON RANCHES INC
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING
AN OIL AND GAS SUPPORT AND SERVICE FACILITY (GAS PROCESSING
FACILITY AND RELATED EQUIPMENT INCLUDING GAS COMPRESSORS
ALONG WITH A LAYDOWN YARD/STORAGE AREA FOR OIL AND GAS
EQUIPMENT) IN THE A (AGRICULTURAL) ZONE DISTRICT.
E2 SECTION 21, T10N, R58W OF THE 6TH P.M., WELD COUNTY, COLORADO.
WEST OF AND ADJACENT TO CR 127; APPROXIMATELY 0.25 MILES
SOUTH OF CR 116.
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.
Sec. 22-5-100. Oil and gas Goals and Policies.
OG.Policy 1.2. Oil and gas support facilities which do not rely on geology for locations should
locate in commercial and industrial areas, when possible, and should be subject to review in
accordance with the appropriate sections of this Code.
OG.Policy 2.5. The County should use its regulatory powers, to the extent authorized by law,
to minimize the impacts of oil, gas and other mineral extractions to the land and land uses
and ensure complete restoration of the areas impacted, from start-up through termination of
production.
I.Policy 6.2. Support the use of visual and sound barrier landscaping to screen open storage
areas from residential uses or public roads.
The proposed gas processing facility is located in a rural area. The nearest residence is
located approximately 2/3 mile to the northeast of the site. There is already considerable oil
and gas activity along County Road 127 and the remote location of this facility minimizes and
conditions of approval and development standards will adequately mitigate impacts on other
potentially incompatible uses (such as single family residences).
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.2 allows Site Specific Development Plan and Use by Special
Review Permits for a Mineral resource development facilities including an Oil and Gas
Support and Service Facilities as a Use by Special Review Permit 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 proposed gas processing facility is located in a rural area
(rangeland). An abandoned residence on the Nelson Ranches property le "nth-Od
approximately 2/3 of a mile from the proposed gas processing facility. The D4
Planning Services received one phone call objecting to the proposed facility fror
RESOLUTION USR13-0016
NELSON RANCHES INC
PAGE 2
surrounding property owner who owns land to the east of the proposed site. The proposed
facility (with the exception of the laydown yard/storage area and office building) will be
setback approximately 600 feet from County Road 127). The remote location of the use and
the attached development standards and conditions of approval (screening plan) will ensure
compatibility with the existing surrounding land uses.
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 proposed gas processing facility site is not located within a 3 -mile referral
area of any municipality.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The site is not located within any overlay district.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Program.
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 site is identified as
"Prime if Irrigated" according to the Prime and Important Farmlands Map of Weld and Larimer
Counties. The applicant has applied for a recorded exemption to create a parcel for the
facility. The proposed gas processing facility will encompass less than 35 acres on a 313 acre
parcel.
G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County. The proposed conditions of
approval and development standards will ensure that there are adequate provisions for the
protection of the health, safety, and welfare of 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 applicant shall submit a Final Drainage Report stamped and signed by a Professional
Engineer registered in the State of Colorado and following the Weld County Drainage Criteria
is required. (Department of Public Works)
B. The applicant shall address the requirements of the Division of Water Resources as stated in
their referral dated April 8, 2013. The applicant shall submit written evidence from the Division
of Water Resources that the well is appropriately permitted for the commercial use. (Division
of Water Resources & Department of Public Health and Environment)
C. 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
and damage repairs will be required. (Department of Public Works)
The applicant shall submit a design to prevent the tracking of mud and debris from the facility
onto the County roadway. (Department of Public Works)
RESOLUTION USR13-0016
NELSON RANCHES INC
PAGE 3
D. An individual sewage disposal system is required for t'
installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.)
Regulations. Evidence of approval by the Department of Public Health and €ironment
shall be provided to the Department of Planning Services. (Department of Public Health and
Environment`
The applicant shall submit written evidence of a commercial well/water tap to the Department
of Planning Services and the Department of Public Health and Environment. (Department of
Planning Services)
The applicant shall submit a screening plan for the laydown yard/storage area for review and
approval by the Department of Planning Services. The laydown yard/storage area shall be
screened from County Road 127 by a minimum 6 -foot high opaque fence or other acceptable
screening material. (Department of Planning Services)
OF. The applicant shall submit a Lighting Plan to the Department of Planning Services, for review
and approval. (Department of Planning Services)
HG. 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)
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)
:J1. 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. (Department of Public Health and Environment)
IJ. A recorded deed indicating the boundaries of the parcel on which the gas processing plant
will be located (Lot A of RECX13-0014) shall be submitted to the Department of Planning
Services. (Department of Planning Services)
K. 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 the type and volume of chemicals expected to be stored on site. (Department
of Public Health and Environment)
ML. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR13-0016 (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 23-3-350.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)
RESOLUTION USR13-0016
NELSON RANCHES INC
PAGE 4
5. County Road 127 is designated on the Weld County Road Classification Plan as
collector road, which requires 80 feet of right-of-way at full build out. There is an
additional 10 feet from the centerline of County Road 127 shall be delineated on the
plat as future County Road 127 right-of-way.
The applicant shall verify and delineate on the plat the existing right-of-way and the
documents creating the right-of-way. 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. Show the approved access(es) on the Plat and label with the approved access
permit number (will be provided). (Department of Public Works)
7 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)
8. The plat shall delineate the approved Lighting Plan. (Department of Planning
Services)
9. The approved screening plan. (Department of Planning Services)
10. The off-street parking spaces, including the access drive, shall be surfaced with
gravel, asphalt, concrete or the equivalent and shall be graded to prevent drainage
problems. (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 orArcGIS Personal GeoDataBase (MDB)... The preferred format
for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to
mapsCa7co.weld.co.us. (Department of Planning Services)
5. 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)
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)
RESOLUTION USR13-0016
NELSON RANCHES INC
PAGE 5
6. One Month 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 and Environment)
7. Prior to the issuance of the 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)
8. 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)
Motion seconded by Jordan Jemiola.
VOTE:
For Passage
Robert Grand
Benjamin Hansford
Mark Lawley
Nick Berryman
Joyce Smock
Jordan Jemiola
Bret Elliott
Against Passage Absent
Bill Hall
Jason Maxey
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.
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 18, 2013.
Dated the 18th of June, 2013.
443\iisbne
Kristine Ranslem
Secretary
Digitally signed by Kristine
Ranslem
Date: 2013.06.24 08:20:13 -06'00'
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Whiting Petroleum Corporation
USR13-0016
1. A Site Specific Development Plan and Use by Special Review Permit USR13-0016 is for a Mineral
resource development facility including an Oil and Gas Support and Service Facility (gas processing
facility and related equipment including gas compressors along with a laydown yard/storage area for
oil and gas equipment) 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 hours of operations shall be 24 hours a day, 7 days a week. (Department of Planning Services)
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,
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", at all times.
(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. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. (Department of Public Health and Environment)
9. 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)
10. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
11. This application is proposing a well as its source of water. The applicant should be made aware that
while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water
Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use
only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water
standards as defined by the Colorado Department of Public Health and Environment. We strongly
encourage the applicant to test their drinking water prior to consumption and periodically test it over
time. (Department of Public Health and Environment)
12. Adequate toilet facilities (portable toilets) and hand washing units shall be provided during the
construction of the facility. (Department of Public Health and Environment)
13. 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 with all applicable State noise statutes
and/or regulations. (Department of Public Health and Environment)
14. 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. Alternative protective measures may be allowed provided they
comply with the Colorado Oil and Gas Conservation Commission regulations. (Department of Public
Health and Environment)
RESOLUTION USR13-0016
NELSON RANCHES INC
PAGE 7
15. The operation shall comply with all applicable rules and policies regulated by the Colorado Oil and
Gas Conservation Commission. (Department of Public Health and Environment)
16. 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 and Environment)
17. The Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times.
(Department of Public Health and Environment)
18. 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)
19. 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)
20. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in accordance
with the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard
to operators of motor vehicles on public or private streets. No colored lights may be used which may
be confused with, or construed as, traffic control devices. (Department of Planning Services)
21. 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)
22. 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)
23. 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)
24. The applicant must take into consideration storm water capture/quantity and provide accordingly for
best management practices. (Department of Public Works)
25. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
26. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide
Road Impact Fee Program. (Ordinance 2011-2)
27. 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)
28. Building Permits including engineered foundation and plans will be required. A Soils Report will need
to be submitted with the plans as well. For any electrical work done, Electrical Permits will be
required. Weld County has adopted the 2012 International Building Codes along with the 2011
National Electric Code and 2006 Energy Code. (Department of Building Inspection)
29. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or
change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove,
convert or replace any electrical, gas, mechanical or plumbing system, or to cause any such work to
RESOLUTION USR13-0016
NELSON RANCHES INC
PAGE 8
be done, shall first make application to the building official and Weld County to obtain the required
permit. (Department of Building Inspection)
30. On -site screening shall be maintained in accordance with the approved screening plan. (Department
of Planning Services)
31. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240 of the Weld County Code.
32. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 of the Weld County Code.
33. 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.
34. 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.
35. 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.
36. 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.
RESOLUTION USR13-0016
NELSON RANCHES INC
PAGE 9
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 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 MP 1u.t&
(04 g 3
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, June 18, 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 Vice
Chair, Robed Grand, at 1:30 pm.
Roll Call.
Present: Benjamin Hansford, Bret Elliott, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman,
Robert Grand.
Absent/Excused: Bill Hall, Jason Maxey.
Also Present: Chris Gathman and Michelle Martin, Department of Planning Services; Don Carroll, Heidi
Hansen and Jennifer Petrik, Department of Public Works; Lauren Light, Mary Evett and Troy Swain,
Department of Health; Brad Yatabe, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the June 4, 2013 Weld County Planning Commission minutes, Moved by Joyce Smock,
Seconded by Benjamin Hansford. Motion passed unanimously.
CASE NUMBER: USR13-0016
APPLICANT: NELSON RANCHES INC
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY
INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY (GAS
PROCESSING FACILITY AND RELATED EQUIPMENT INCLUDING GAS
COMPRESSORS ALONG WITH A LAYDOWN YARD/STORAGE AREA FOR
OIL AND GAS EQUIPMENT) IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: E2 SECTION 21, T10N, R58W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 127; APPROXIMATELY 0.25 MILES
SOUTH OF CR 116.
Chris Gathman, Planning Services, presented Case USR13-0016, reading the recommendation and
comments into the record. He stated that the applicant revised their application as they originally stated
there would be 3 to 4 employees on site; however they would like to expand that to 15 to 20 employees.
The applicant is proposing a lay down area; therefore given the proximity to County Road 127, staff is
requesting a screening plan for the lay down storage area. Staff received one phone call objecting to the
proposed request. 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. Ms. Hansen noted that the applicant has completed Condition of Approval 1.C as
the applicant will be installing double cattle guards on site. Therefore she recommended deleting that
condition of approval.
Motion: Delete Condition of Approval 1.C as stated by Staff, Moved by Benjamin Hansford, Seconded
by Bret Elliott.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Benjamin Hansford, Bret Elliott, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman, Robert
Grand.
Commissioner Lawley asked if the proposed traffic count will be considered along with the applicant's
traffic number. Ms. Hansen said that it will with the overall county road considerations but for this facility
there is not enough traffic to trigger improvements on their own. Therefore the Improvements and Road
Maintenance Agreement would simply be a proportional share of their impact.
Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan. Ms. Evett recommended that Condition of Approval 1.D may
be deleted as it is duplicated under Condition of Approval 7.A.
Motion: Delete Condition of Approval 1.D, Moved by Nick Berryman, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Benjamin Hansford, Bret Elliott, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman, Robert
Grand.
Mike Soloman, Whiting Petroleum, stated that they are gathering gas from the surrounding area. It will be
gathered at a low pressure and distributed via pipeline north to Trailblazer pipeline. All the liquids will be
trucked to some of the other local fractionators in the area. Mr. Soloman stated that new equipment will
be placed in the lay down yard including pipe, lact units, heater treaters, etcetera.
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 he has read through the amended Development Standards and
Conditions of Approval and if he is in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR13-0016 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 Benjamin Hansford, Seconded by Jordan Jemiola.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Benjamin Hansford, Bret Elliott, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman, Robert
Grand.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR13-0012
PRADO VIEW INVESTMENTS COMPANY LP
MICHELLE MARTIN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AGRICULTURAL SERVICE ESTABLISHMENTS PRIMARILY
ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR
HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING
A LIVESTOCK CONFINEMENT OPERATION (7,500 HEAD DAIRY) IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LOT B REC EXEMPT RE -3724; BEING PART OF THE NW4 SECTION 12,
T4N, R66W AND PART OF THE S2 SECTION 1, T4N, R66W OF THE 6TH
P.M., WELD COUNTY, COLORADO.
EAST OF AND ADJACENT TO CR 35 AND NORTH OF CR 46.
Michelle Martin, Planning Services, presented Case USR13-0012, 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.
Commissioner Lawley asked if Condition of Approval 1.A should state that the applicant shall attempt to
address the Town of LaSalle's requirements. Ms. Martin stated that it should be amended to read that
they "shall attempt to". Motion: Amend Condition of Approval 1.A as stated, Moved by Mark Lawley,
Seconded by Nick Berryman.
Motion passed unanimously.
Heidi Hansen, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Troy Swain, Environmental Health, reviewed the regulations for surface and groundwater protection,
nuisance control, sanitary sewer requirements, and the confined animal feeding operation requirements.
He stated that this facility will need to acquire additional property to do land application and dewatering of
the impoundments. The phasing of the facility appears that on the third year of their development they
will be in a situation where they will need to acquire more property to apply wastewater.
Commissioner Grand wished to clarify if there is enough capacity to accept all of the wastewater. Mr.
Swain said that if all 7,500 head were to be on site there is not enough infrastructure to handle it all;
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