HomeMy WebLinkAbout20131432.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIO
Moved by Robert Grand, 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: USR12-0077
APPLICANT: HALLIBURTON ENERGY SERVICES INC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW
PERMIT (formerly USR-1787) FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING OIL AND GAS SUPPORT AND SERVICE FACILITY (INCLUDING WATER
RECYCLING AND A WATER SUPPLY & STORAGE UPLOAD FACILITY AND TRUCK
TANKER WASHOUT FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION: W2NW4 SECTION 13, T10N, R61W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 95; SOUTH OF AND ADJACENT TO CR 118
SECTION LINE.
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 22-2-20.C. A.Goal 3. states: "County land use regulations recognize and respect the rights
afforded by the State Constitution and associated statutes of individually decreed water rights. Water
rights are considered real property and should be protected as any other private property right." The
State Engineer, Division of Water Resources has permitted four (4) wells for industrial and
commercial use via truck hauling on a tract of land 3840 acres in area.
Section 22-2-20.C. A. Policy 3.3. states: "Land use regulations should consider the traditional and
future operational viability of water -delivery infrastructure when applications for proposed land use
changes are considered." The proposed facility will utilize ground water from 4 wells [74874-F,
74876-F, 74877-F and 74878-F] that are permitted through the Division of Water Resources for
irrigation, industrial and commercial use, livestock, fish rearing, recreation, and pond filling and
additionally in all of Weld County for industrial and commercial use via truck hauling.
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."
Section 22-4-140.B. EP.Goal 2. Mineral resource exploration and production waste facilities should be
planned, located, designed and operated to encourage compatibility with surrounding land uses in
terms of items such as general use, scale, height, traffic, dust, noise and visual pollution. This
proposal has been reviewed by the appropriate referral agencies and it has been determined that the
attached Conditions of Approval and Development Standards ensure that there are adequate
provisions for the protection of the health, safety and welfare of the inhabitants of the neighborhood
and county.
Section 22-2-20.G. 2. A. Policy 7.2. states "Conversion of agricultural land to nonurban residential,
commercial and industrial uses should be accommodated when the subject site is in an area that can
support such development, and should attempt to be compatible with the region." The proposed
facility is located approximately four (4) miles southeast of the Town of Grover and is bordered by
County Road 118 and County Road 95 to the north and west respectively. The facility will be located
on an 80 -acre parcel. Groundwater allocated from these wells will be pumped to the load out facility
through a centrally located water transmission pipeline.
21f3- IL/32
RESOLUTION USR12-0077
HALLIBURTON ENERGY SERVICES INC
PAGE 2
Section 22-2-80 D. I.Goal 4. of the Weld County Code states: "All new industrial development should
pay its own way." Halliburton Energy Services, Inc. and their successors will be paying for all on -site
and offsite improvements associated with this use as required through the improvements agreement.
Section 22-4-30.A. WA.Goal.1 states "Support the development of water that is put to beneficial use,
along with associated infrastructure." The proposed water recycling facility and permitted
groundwater load out facility will provide a valuable and indispensable service to oil and gas
companies. The centralized location for load out minimizes the removal of agricultural land from
production.
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 grow the local economy.
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 of the Weld County Code provides for Oil and Gas Support and Service
as a Use by Special Review 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 facility is located in a rural agricultural area on parcel containing the
water upload facility and associated improvements. Adjacent properties are utilized for grazing of
cattle and similar ranching operations. Oil and gas facilities are existing encumbrances on this
parcel and adjacent properties. There are no residences in the immediate area. Development
Standards and Conditions of Approval will ensure that this use will be compatible with surrounding
land uses.
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 located within the 3 -mile referral for the Town of Grover; the Town in their referral dated
January 10, 2013 stated "The Town of Grover Board of Trustees has reviewed the referral for
USR 12-0077 and we understand that Halliburton Energy Services is proposing to amend the
existing Phase I ground water load out facility to allow for a commercial water recycling facility,
and even though they have conveyed that they will not be running a larger amount of trucks in
and out of the facility as a result of this change, our concerns with the facility overall are the same
as when we initially reviewed it in its original planning stage. We are concerned about the water
table in the area, so far only the smaller water operations in the area have been running, but
when a facility of this size enters the picture, we do not know how it will affect the water table. We
are also concerned about traffic and dust, but overall our biggest concern is the impact the high
volume of truck traffic will have on our roads. The roads coming in and out of Grover are
deteriorating quickly due to the heavy usage because of all of the oil and gas activity."
The maximum projected number of loads to be hauled to and from this facility will be 320 loads of
water per day, utilizing approximately 40 tanker trucks.
This Use by Special Review will be subject to a designated haul route and any intersection
improvements such as adequate turning radiuses, dust control if needed, on -site improvements or
upgrades necessary to accommodate this type of use. The Department of Public Works has
identified the haul route for this facility. All trucks will travel north for two miles on County Road 95
to County Road 122, traveling three miles west to the paved portion of County Road 122.
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 Road Impact Fee Area
and the Capital Expansion Impact Fee area.
RESOLUTION USR12-0077
HALLIBURTON ENERGY SERVICES INC
PAGE 3
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 "Prime if they become Irrigated" per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. Part of the property is improved with the water load
out and storage facility [USR-1787], with the remaining lands in rangeland and employed with
ranching activities. Well permit number 56473-F is also located on this parcel and is approved for
the withdrawal from the alluvium for watering of livestock.
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 prepared per Section 23-2-260.D of the Weld County Code. (Department of
Planning Services)
B. All sheets of the plat shall be labeled USR12-0077. (Department of Planning Services)
C. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
2) Add note: "Weld County shall not be responsible for maintenance of on -site drainage
related structures." (Department of Public Works)
3) The applicant will delineate on the plat drawing the improvements at the intersection
of the access drive and County Road 95, including the stop sign, the tapers,
adequate turning radiuses of sixty (60) feet minimum, all rights -of -way, easements,
and haul route sign located in the appropriate location prior entering onto County
Road 95, and any other items associated with either drainage or traffic as stated in
the Public Works referral dated December 21, 2012. (Department of Public Works)
4) Dimensions of parking area shall be indicated on the plat (minimum 30 -degree
parking space dimensions are 9 -feet x 94 feet. (Department of Planning Services)
5) The access will have 60 foot radius to accommodate the larger trucks entering and
existing the site. (Department of Public Works)
6) Show the approved access on the plat and label it with the approved access permit
number AP11-00268. (Department of Public Works)
D. The applicant shall address the requirements (concerns) of the Weld County Department of
Public Works, as stated in their referral response dated December 21, 2012, This includes
transportation related items, e.g., roadway and traffic related issues, and site drainage related
items. (Department of Public Works)
RESOLUTION USR12-0077
HALLIBURTON ENERGY SERVICES INC
PAGE 4
E. The applicant shall attempt to address the requirements of the Town of Grover as stated in
their referral received January 10, 2013. Written evidence of such shall be provided to the
Department of Planning Services. (Town of Grover)
F. The applicant shall attempt to address the requirements of the Division of Water Resources
as stated in their referral received December 14, 2012, specific to the approval for the use of
the water from the water upload facility for municipal use. Written evidence of such shall be
provided to the Department of Planning Services. (Division of Water Resources)
G. The applicant shall file an Air Pollution Emission Notice (A.P.E.N.) with the Colorado
Department of Health and Environment's (CDPHE) Air Pollution Control Division. Evidence
of such shall be submitted in writing to the Department of Planning Services. (Department of
Public Health & Environment)
H. A Ground Water Monitoring Plan shall be submitted to the Weld County Department of Public
Health & Environment and CDPHE Solid Waste Unit for review and approval. The plan shall
include unloading pad(s) and sump(s) leak detection. Evidence of approval shall be
submitted in writing to the Department of Planning Services. (Department of Public Health &
Environment)
The applicant shall be designated by the CDPHE Hazardous Materials and Waste
Management Division's Solid Waste Unit as a Recycling Facility, which does not require a
Certificate of Designation. Evidence of recycling designation shall be submitted in writing to
the Department of Planning Services. (Department of Public Health & Environment)
J. A detailed design for the secondary containment areas shall be submitted to Weld County
Dept. of Public Health and Environment for review and approval. A concrete secondary
containment structure (floor and walls) surrounding each tank or battery of tanks shall be
constructed. The volume retained by the structure shall be greater than the volume of the
largest tank inside this structure and include sufficient freeboard for precipitation. A Colorado
registered professional engineer shall design the structure. (Department of Public Health &
Environment)
K. A detailed design for the concrete loading/unloading pads shall be submitted to Weld County
Dept. of Public Health and Environment for review and approval. The design shall
demonstrate how all spilled waste, stormwater, and wash down water will be contained within
the receiving areas and sumps. The design shall also include the method in which seams
will be sealed to prevent leakage through the pad. A leak detection system shall be designed
and installed beneath the concrete unloading pad(s) and associated sump(s). A Colorado
registered professional engineer shall design the structure. (Department of Public Health &
Environment)
L. Solids and sediment will accumulate in the processing and storage tanks and be produced
during the recycling process. The facility shall submit a detailed waste handling plan to Weld
County Dept. of Public Health and Environment for approval that describes the method of
solids removal, on -site waste handling, waste storage and disposal. (Department of Public
Health & Environment)
M. A dust control plan for fugitive particulate emissions shall be submitted to the Weld County
Department of Public Health & Environment for review and approval. Evidence of approval
shall be submitted in writing to the Department of Planning Services. (Department of Public
Health & Environment)
RESOLUTION USR12-0077
HALLIBURTON ENERGY SERVICES INC
PAGE 5
N. A Closure Plan shall be submitted to the Weld County Department of Public Health and
Environment and the CDPHE Hazardous Materials and Waste Management Division's Solid
Waste Unit. The Closure Plan shall include a plan for the disposition of wastes collected on -
site at the time of closure. (Department of Public Health & Environment)
O. Prior to recording of the final plat, the applicant needs to submit a grading permit showing:
proposed grading, erosion control placement, typical details for all BMPs to be utilized, and a
Construction Stormwater permit from the Colorado Department of Public Health and
Environment. The permit must be wet stamped by a registered professional engineer
licensed in the State of Colorado. (Department of Public Works)
2. The applicant shall submit three (3) paper copies or one .pdf electronic file of the plat for preliminary
approval to the Weld County Department of Planning Services. (Department of Planning Services)
3. Upon completion of # 1 and #2 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)
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
mapsco.weld.co.us. (Department of Planning Services)
5. Prior to the Release of Building Permits:
a. A building permit will be required for any new construction, alteration, or addition to any
buildings or structures on the property. (Department of Building Inspection).
b. 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 for review. (Department of Building Inspection).
c. A geotechnical engineering report performed by a registered State of Colorado engineer shall
be required or a open hole inspection. (Department of Building Inspection).
d. 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
e. International Plumbing Code: 2006 International Energy Code; 2012 International Fuel Gas
Code; 2011 National Electrical Code; 2006 ANSI 117.1 Accessibility Code and Chapter 29 of
the Weld County Code. (Department of Building Inspection).
f. A plan review shall be approved and a permit must be issued prior to the start of
construction. (Department of Building Inspection).
g. A letter is required from the Pawnee Fire Protection District as to whether a fire permit will be
required. (Department of Building Inspection)
6. One month prior to the start of construction:
RESOLUTION USR12-0077
HALLIBURTON ENERGY SERVICES INC
PAGE 6
A. The applicant shall submit a grading permit showing: proposed grading, erosion control
placement, typical details for all BMPs to be utilized, and a Construction Stormwater permit
from the Colorado Department of Public Health and Environment. The permit must be
stamped by a registered professional engineer licensed in the State of Colorado. Please
note that the grading permit will not be released until the applicant has signed the
improvements agreement, posted collateral, and submitted the USR plat for recording.
Evidence of Department of Public Works approval shall be submitted in writing to the Weld County
Department of Planning Services. (Department of Public Works)
Motion seconded by Jordan Jemiola.
VOTE:
For Passage
Robert Grand
Bill Hall
Benjamin Hansford
Nick Berryman
Jason Maxey
Joyce Smock
Jordan Jemiola
Against Passage Absent
Mark Lawley
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.
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 May 7, 2013.
Dated the 7th of May, 2013.
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Halliburton Energy Services, Inc.
USR12-0077
1. A Site Specific Development Plan and Amended Use by Special Review Permit [USR-1787] for
Mineral Resource Development, Oil and Gas Support and Service, including Water Recycling and a
Water Supply & Storage Upload Facility and Truck Tanker Washout Facility 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. The facility shall be constructed and operated to ensure that contamination of soil and groundwater
does not occur. (Department of Public Health and Environment)
4. A manager, knowledgeable in operation of the facility shall be on site when the facility is receiving
waste. (Department of Public Health and Environment)
5. No recycling of wastes other than exploration and production wastewaters is permitted. Any changes
from the approved use may require an amendment to this Special Use Permit. (Department of Public
Health and Environment)
6. In accordance with Section 8 of the Regulations Pertaining to Solid Waste Sites and Facilities (6 CCR
1007-2, Part 1), the facility is required to register as a recycling facility and file an annual report with
the CDPHE Solid Waste Unit, which includes the amount of exploration & production wastewater
(produced water/flowback water) recycled. This annual report shall be copied to the Weld County
Dept. of Public Health & Environment. (Department of Public Health and Environment)
7. Any wastes generated on the facility shall be disposed of in accordance with the Colorado Solid
Waste Act, Section 30-20-100.5, C.R.S., or other appropriate rule, regulation or law. The facility shall
comply with their approved waste handling plan and any amendments to the approved plan shall be
submitted in writing to WCDPHE for approval. (Department of Public Health and Environment)
8. All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations. (Department of Public Health and Environment)
9. This facility shall adhere to the maximum permissible noise level of 70 dBA as allowed in the
Industrial Zone, as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site and the facility shall
comply with the approved dust control plan. (Department of Public Health and Environment)
11. The facility shall comply with Colorado Air Quality Control Commission Regulations and any air
permits issued by the CDPHE Air Pollution Control Division. (Department of Public Health and
Environment)
12. All liquid wastes received at the facility shall be unloaded on the unloading pad. The concrete
unloading pad shall be cleaned at a frequency that prevents oils and other wastes from building up on
the pad. During winter months, the facility shall maintain the unloading pad free of ice. (Department
of Public Health and Environment)
13. Analytical data on wastes and recycled product and environmental monitoring data shall be made
available to WCDPHE and CDPHE Solid Waste Unit, who reserve the right to require additional more
extensive monitoring. (Department of Public Health and Environment)
RESOLUTION USR12-0077
HALLIBURTON ENERGY SERVICES INC
PAGE 8
14. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
15. The fresh water storage and loading system shall be operated in a manner to minimize spills and
fresh water spills shall be captured in containment areas for reuse or allowed to infiltrate if
uncontaminated. There shall be no discharge from the fresh water process to the facilities
stormwater management system. (Department of Public Health and Environment)
16. 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)
17. The concrete unloading pad and secondary containment areas shall be constructed and operated in
accordance with the approved design and the facility shall comply with the approved groundwater
monitoring and leak detection monitoring plan. (Department of Public Health and Environment)
18. Any required Spill Prevention and Control and Countermeasure (SPCC) Plan(s) shall be prepared and
maintained on -site in accordance with 40 CFR 112. (Department of Public Health and Environment)
19. Adequate drinking water, hand washing, and toilet facilities shall be provided. (Department of Public
Health and Environment)
20. 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)
21. In the event that 1 or more acres are disturbed during the construction and development of this site,
the applicant shall obtain a construction stormwater discharge permit from the Water Quality Control
Division of the Colorado Department of Public Health and Environment. (Department of Public Works)
22. Permits shall be obtained for all new buildings, structures and where proposed electrical, plumbing
and mechanical work is to be performed which requires permits per Weld County Code Chapter 29.
(Department of Building Inspection)
23. This facility shall comply with the laws, standards, rules and regulations of the Water Quality Control
Commission, Air Quality Control Commission, Hazardous Materials and Solid Waste Division, and
any other applicable agency. (Department of Public Health & Environment).
24. Hours for operation are 24 -hours each day, seven -days/ week. (Department of Planning Services)
25. The number of employees employed at the site shall be forty-five (45). (Department of Planning
Services)
26. The approved haul route, (USR-1787), Pawnee Water Management/ Halliburton Energy Services,
Inc., exiting or entering the site: Haul trucks shall enter or exit the site at the approved accesses onto
County Road 95. Haul trucks will travel North on County Road 95 to Road 118 or County Road 122 to
disperse further in any direction; south on County Road 95 to County Road 112 or County Road 114
for further dispersal. (Department of Public Works)
27. No parking or staging of commercial vehicles on the county road is allowed. Use on -site parking area.
(Department of Public Works)
28. Weld County shall not be responsible for the maintenance of on -site drainage related areas, medians
or structures. (Department of Public Works)
RESOLUTION USR12-0077
HALLIBURTON ENERGY SERVICES INC
PAGE 9
29. 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)
30. The applicant must take into consideration storm water capture/quantity and provide accordingly for
best management practices. (Department of Public Works)
31. A building permit maybe required for any new construction, alteration, or addition to any buildings or
structures on the property. (Department of Building Inspection).
32. 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 for review. (Department of Building Inspection).
33. A geotechnical engineering report performed by a registered State of Colorado engineer shall be
required or a open hole inspection. (Department of Building Inspection).
34. 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:
2006 International Energy Code; 2012 International Fuel Gas Code; 2011 National Electrical Code;
2006 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of
Building Inspection).
35. A plan review shall be approved and a permit must be issued prior to the start of construction.
(Department of Building Inspection).
36. A letter is required from the Pawnee Fire Protection District as to whether a fire permit will be
required. (Department of Building Inspection)
37. The landscaping on site shall be maintained in accordance with the approved Landscape Plan.
(Department of Planning Services)
38. 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)
39. 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 Services)
40. 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
Services)
41. 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)
42. 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)
43. 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)
RESOLUTION USR12-0077
HALLIBURTON ENERGY SERVICES INC
PAGE 10
44. 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)
45. 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)
46. 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)
47. 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
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.
RESOLUTION USR12-0077
HALLIBURTON ENERGY SERVICES INC
PAGE 11
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 /rUnu}ts 512_03
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requir
dust control, and the Waste Handling Plan.
Donald Eymann, 13738 Star Creek Drive, Broomfield, Colorado, stated that they have a RV and boat
storage facility located south of and adjacent to the proposed storage facility. The proposed facility will
mirror the model of the south storage facility. A total of 650 spaces will be available and the applicants
are proposing some camping bays and mini -storage units as well. Landscape will be provided on site.
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 USR13-0010 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 Jordan Jemiola, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Benjamin Hansford, Bill Hall, Jason Maxey, Jordan Jemiola, Joyce Smock, Nick Berryman, Robert
Grand.
CASE NUMBER: USR12-0077
APPLICANT: HALLIBURTON ENERGY SERVICES INC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT (formerly USR-1787) FOR A MINERAL RESOURCE
DEVELOPMENT FACILITY, INCLUDING OIL AND GAS SUPPORT AND
SERVICE FACILITY (INCLUDING WATER RECYCLING AND A WATER
SUPPLY & STORAGE UPLOAD FACILITY AND TRUCK TANKER WASHOUT
FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION: W2NW4 SECTION 13, T10N, R61W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 95; SOUTH OF AND ADJACENT TO CR
118 SECTION LINE.
Kim Ogle, Planning Services, presented Case USR12-0077, 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 noted an amendment to Item 2.D
on page 4 in the staff report and requested deletion of the last sentence "All trucks will travel north for two
miles on County Road 95 to County Road 122, traveling three miles west to the paved portion of County
Road 122."
Troy Swain, Environmental Health, reviewed the containment and design requirements of the proposed
recycling facility.
Don Carroll, Public Works, reported on the existing and proposed traffic, access and drainage conditions
and the requirements on site. Mr. Carroll clarified that the request to delete the last sentence in Item 2.D
was due to a change in the haul route and added that the new haul route is listed in Development
Standard #26.
Commissioner Grand and Commissioner Smock noted that with the number of trucks on County Road
390 creating dust it is also creating traffic safety issues. Mrs. Smock added that the roads are not well
maintained because of the amount of truck traffic and is afraid that it will cause accidents.
Mickey Leyba-Farnsworth, 625 Main Street, Longmont, Colorado stated that she is representing
Halliburton Energy Services. She stated that the proposed recycling facility is Phase 2 of the existing
water supply and management project on site. Phase 1 is currently operational and provides fresh water
for the oil and gas development operations. The intent of the facility is to reduce the amount of traffic by
having the entire operation on the site. Security and safety measures will be implemented with a chain
link fence surrounding the property as well as an entrance gate. Security lighting and a SCADA system
will be operational as well. It is Halliburton's intent to start construction within the 2nd or 3rd quarter of
2014.
A0/3-14/3.2
In response to Commissioner Grand's inquiry, the truck drivers will be subcontracted with Halliburton
Energy Services. Mr. Grand commented that although Halliburton has a high safety record he feels that
the safety performance is not at the same level if they were Halliburton employees and asked how they
will ensure the safety of the roads. Ms. Leyba-Farnsworth stated that she will visit with Halliburton on this
matter and bring the findings to the Board of County Commissioners hearing. Commissioner Maxey
asked if in the future they would inject at the facility. Ms. Leyba-Farnsworth said that their original intent
was to inject and it remains their intent to inject in the future, however they have focused on recycling for
this site at this point.
Commissioner Smock asked for clarification on the number of traffic trips. Ms. Leyba-Farnsworth said
that with Phase 1 they projected 320 truck loads per day with 640 round trips per day. She added that
according to the Improvements Agreement they agreed to there are trigger points that they will need to
comply with. Mr. Grand asked about the responsibility of Halliburton watering the County Road 390 to
alleviate the dust issue. Mr. Carroll said that according to the existing improvements agreement it is tied
to the applicant's haul route and not specific to County Road 390. He added that he would talk with staff
at Public Works to see if there are any plans for County Road 390. Mr. Grand said that the dust makes it
very dangerous and noted that Halliburton trucks are not the only cause of the dust issues.
Motion to amend the staff report by deleting the sentence in Item 2.D on page 4 as requested by staff,
Moved by Robert Grand, Seconded by Bill Hall. Motion passed unanimously.
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 USR12-0077 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 Robed Grand, Seconded by Jordan Jemiola.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Benjamin Hansford, Bill Hall, Jason Maxey, Jordan Jemiola, Joyce Smock, Nick Berryman, Robert
Grand.
CASE NUMBER:
PRESENTED BY:
REQUEST:
ORDINANCE 2013-2
TOM PARKO
WELD COUNTY CODE ORDINANCE #2013-2, IN THE MATTER OF
REPEALING AND RE-ENACTING, WITH AMENDMENTS, CHAPTER 20
IMPACT FEES, OF THE WELD COUNTY CODE.
Torn Parko, Planning Services, presented Ordinance 2013-2, stating that according to the Weld County
Code, on April 1st of every calendar year the Board of County Commissioners shall consider adjusting the
impact fees by the rate of inflation. In a work session with staff, the Board of County Commissioners
agreed to adjust the impact fees to account for inflation and to adjust the fees accordingly. Mr. Parko
presented the proposed impact fees.
Motion: Forward Case Ordinance 2013-2 to the Board of County Commissioners with the Planning
Commission's recommendation of approval, Moved by Robed Grand, Seconded by Benjamin Hansford.
Motion passed unanimously.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss.
Commissioner Maxey has asked why the Non -1041 land use cases do not get forwarded to the Board of
County Commissioners for final approval. He feels that if the Planning Commission has to forward a dog
kennel to them why the Non -1041 permits do not. Mr. Parko said that this process has been in place for
a while; therefore he will need to do some research on why it ends with the Planning Commission. It may
be because it is a state regulated process. Mr. Parko said that he will research it and bring it back to
Planning Commission for further comment.
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