HomeMy WebLinkAbout20131782.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISS
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: USR13-0022
APPLICANT: NOBLE ENERGY INC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT, OIL AND GAS SUPPORT
AND SERVICE, INCLUDING, STORAGE OF PIPE AND PRODUCTION
EQUIPMENT, AND ANY LNG RELATED USE PERMITTED AS A USE BY RIGHT,
AN ACCESSORY USE OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL
OR INDUSTRIAL ZONE DISTRICT; AND A TRUCK PARKING AREA IN THE A
(AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION: LOT B REC EXEMPT RECX12-0069 LYING WITHIN E2NW4 SECTION 26, T6N,
R64W OF THE 6TH P.M., WELD COUNTY, COLORADO. PART LOT B REC
EXEMPT RECX12-0069 LYING WITHIN W2NW4 SECTION 26, T6N, R64W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 66 SECTION LINE; EAST OF AND
ADJACENT TO CR 57.
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.G. A.Goal 7. states "County land use regulations should protect the
individual property owner's right to request a land use change."
Section 22-2-20.G. 1. A.Policy 7.1. states "County land use regulations should support
commercial and industrial uses that are directly related to, or dependent upon, agriculture, to
locate within the agricultural areas, when the impact to surrounding properties is minimal, or
can be mitigated, and where adequate services are currently available or reasonably
obtainable. The proposed storage yard will assist with Noble Energy's drilling operations in
the Wattenberg Field and will equipment post well construction.
Section 22-2-80 D. I.Goal 4. of the Weld County Code states: "All new industrial development
should pay its own way." Noble Energy, Inc. and successors will be paying for all on -site and
offsite improvements associated with this use as required through the Improvements
Agreement.
Section 22-5-140 A. AE.Goal 1. States "Support and encourage research, development and
use of alternative energy resources." Further, Section 22-5-140 A.2 AE.Policy 1.3 states
"Support the development and use of biofuels." Encana will operate a liquefied natural gas
[LNG] fueling station at this location.
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 fora Mineral Resource
Development Facility including Oil and Gas Support and Service (storage of pipe and
production equipment) and Section 23-3-40.S provides for any LNG use permitted as a Use
RESOLUTION USR13-0022
NOBLE ENERGY INC
PAGE 2
by Right, an accessory use, or a Use by Special Review in the commercial or industrial zone
districts, provided that the property is not a Lot in an approved or recorded subdivision plat or
lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions 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 no
improvements. Noble Energy has a permitted USR11-0026 and MUSR13-0016 for a water
storage and upload facility immediately adjacent to the North. Adjacent properties are utilized for
crop production, primarily corn and for confined feeding operations, including a Dairy. Oil and gas
facilities are existing encumbrances on this parcel and adjacent properties. There are a few
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 not located within the 3 -mile referral for a municipality
E. Section 23-2-220.A.5 -- The application complies with Section 23, Article 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.
Building Permits issued on the proposed 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 proposed facility is located
on soils designated as "Prime" per the 1979 Soil Conservation Service Important Farmlands of
Weld County Map. Historically, the entire site has been in crop production, however, with the
change in ownership, there is no irrigation water associated with the property.
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 the 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 USR13-0022. (Department of Planning Services)
C. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
RESOLUTION USR13-0022
NOBLE ENERGY INC
PAGE 3
2) CR 57 is a local gravel road and requires a 60 -foot right-of-way at full build out. The
applicant shall verify the existing 60 feet of right-of-way and the documents creating
the right-of-way and this information shall be noted on the plat. If the right-of-way
cannot be verified, it shall be dedicated. This road is maintained by Weld County.
(Department of Public Works)
3) CR 64.5 is a local gravel road and requires a 60 -foot right-of-way at full build out.
The applicant shall verify the existing 60 feet of right-of-way and the documents
creating the right-of-way and this information shall be noted on the plat. If the right-
of-way cannot be verified, it shall be dedicated. This road is maintained by Weld
County. (Department of Public Works)
4) Show the approved access(es) on the Plat and label with the approved access
permit number (will be provided). (Department of Public Works)
5) If exterior lighting is a part of this facility, all light standards shall be delineated in
accordance with Section 23-3-250.6.6 of the Weld County Code. (Department of
Planning Services)
6) Oil and Gas encumbrances including appropriate setbacks shall be delineated on the
plat. (Department of Planning Services)
7) All recorded Easements of record which encumber this site shall be delineated and
referenced on the plat by the Weld County Clerk and Recorders reception number.
(Department of Planning Services)
D. The applicant shall address the requirements (concerns) of the Department of Public Health
and Environment, as stated in their referral response dated April 22, 2013, Including:
1. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.)
and Emissions Permit application from the Air Pollution Control Division, Colorado
Department of Health and Environment, if applicable. Alternately, the applicant can
provide evidence from the APCD that they are not subject to these requirements.
(Note: An Air Pollution Emission Notice (APEN) is also required if the amount of
disturbed area exceeds 25 acres.)
2. The applicant shall designate the location of the proposed septic system on the plat.
The septic system must be protected from vehicle traffic.
3. Submit documentation from North Weld County Water District indicating that water
service is approved for the commercial facility.
4. Submit evidence of a recorded easement for the water line crossing two parcels, and
the easement shall be designated on the plat.
5. 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.
2) Hazardous material spill cleanup and disposal procedures.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number). (Department
of Public Health and Environment)
E. A Screening Plan for the property for review and approval by the Department of Planning
Services. (Department of Planning Services)
RESOLUTION USR13-0022
NOBLE ENERGY INC
PAGE 4
F. An Improvements Agreement as well as road maintenance is required for this site. Road
maintenance including dust control, damage repair, and triggers for improvements will be
included. (Department of Public Works)
G. An accepted Final Drainage Report and a complete set of Construction Drawings that
have been stamped, signed, and dated by a registered Professional Engineer licensed in
the State of Colorado are required. (Department of Public Works)
2. Upon completion of Condition of Approval #1. above, the applicant shall submit three (3) paper copies
or one electronic (.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 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)
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
mapsra'�.co.weld.co.us (Department of Planning Services)
5. Prior to the Release of Building Permits:
A. A commercial building permit will be required. On the back of this permit you will find the
necessary items that must be submitted with the application. The submittal must be complete
with all the documents before it can be accepted (Department of Building Inspection)
B. In addition this building will require the following: Engineered drawings for all structural
work and architectural drawings that show the floor plan, elevations, etc. (Department of
Building Inspection)
C. Also, a life safety plan showing occupancy and building type, egress routes, emergency
lights/exist, frontages, and travel distance must be submitted. (Department of Building
Inspection)
D. A ComCheck for the building envelope, mechanical, and electrical must be submitted
showing that the building will comply with the 2006 International Energy Code.
(Department of Building Inspection)
E. Bathroom plans with details must be submitted to show accessibility. Also an overall
accessibility plan must be submitted. Department of Building Inspection)
F. Mechanical, plumbing and electrical drawings with a one line and fault current calculations
are required. (Department of Building Inspection)
G. The building must comply with the requirements set forth by the fire district. A letter of
notification that they have received the drawings are they are ok with the release of the
building permit must be submitted to our office with the application. (Department of
Building Inspection)
RESOLUTION USR13-0022
NOBLE ENERGY INC
PAGE 5
H. Buildings 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; 2009 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld
County Code. (Department of Building Inspection)
6. One month prior to the start of construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior
to the start of construction (Department of Public Works)
B. A State stormwater discharge permit may be required for a development / redevelopment
/ construction site where a contiguous or non-contiguous land disturbance is greater than
or equal to one acre in area. Contact the Water Quality Control Division of the Colorado
Department of Public Health and Environment at www.cdphe.state.co.us/wg/PermitsUnit
for application more information. (Department of Public Health and Environment)
7. Prior to the issuance of a Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed facility and shall be
installed according to the Weld County Individual Sewage Disposal Regulations. The
septic system is required to be designed by a Colorado Registered Professional Engineer
according to the Weld County Individual Sewage Disposal Regulations. (Department of
Public Health and Environment)
B. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V
Injection Well permit from the Environmental Protection Agency (EPA) for any large -
capacity septic system (a septic system with the capacity to serve 20 or more persons per
day). Alternately, the applicant can provide evidence from the EPA that they are not
subject to the EPA Class V requirements. (Department of Public Health and
Environment)
Motion seconded by Benjamin Hansford.
VOTE:
For Passage Against Passage
Robert Grand
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
Joyce Smock
Jordan Jemiola
Bret Elliott
Absent
Bill Hall
RESOLUTION USR13-0022
NOBLE ENERGY INC
PAGE 6
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 July 2, 2013.
Dated the 2nd of July, 2013.
Digitally signed by Kristine
4bdri(„, Ranslem
Date: 2013.07.03 15:23:42 -06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Noble Energy, Inc.
USR13-0022
1. A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development
including Oil and Gas Support and Service including storage of pipe and production equipment, and
any LNG use permitted as a use by right, accessory use or use by special review in the commercial or
industrial zone district; and a truck parking area in the A (Agricultural) Zone District and subject to the
Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of
Public Health and Environment)
6. The applicant shall operate in accordance with the approved "waste handling plan". (Department of
Public Health and Environment)
7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved "dust abatement plan" at all times. (Department of Public
Health and Environment)
8. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in Section 14-9-30 of the Weld County Code.
9. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. (Department of Public Health and Environment)
10. 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)
11. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(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. Bottled water shall be utilized for drinking during construction of the project. (Department of Public
Health and Environment)
14. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with
product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and
volatile organic compounds (VOC's). All chemicals must be stored secure, on an impervious surface,
and in accordance with manufacturer's recommendations. (Department of Public Health and
Environment)
RESOLUTION USR13-0022
NOBLE ENERGY INC
PAGE 8
15. 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)
16. 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)
17. 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)
18. 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)
19. Weld County is not responsible for the maintenance of onsite drainage related features (Department
of Public Works)
20. This is a manned facility with up to five (5) personnel on -site for the loading and unloading of
equipment and materials with additional employees on -site the periodic refueling of vehicles.
(Department of Planning Services)
21. This facility operates twenty-four hours/day 365 days per year. (Department of Planning Services)
22. 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)
23. 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) (Department of Planning Services)
24. 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) (Department of Planning Services)
25. A building permit application must be completed and two complete sets of plans including engineered
foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted for review. A geotechnical engineering report performed by a registered State of Colorado
engineer shall be required. (Department of Building Inspection)
26. 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;
2009 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of
Building Inspection)
27. 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)
28. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, of the Weld County Code. (Department of Planning Services)
RESOLUTION USR13-0022
NOBLE ENERGY INC
PAGE 9
29. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, of the Weld County Code. (Department of Planning Services)
30. 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)
31. 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. (Department of Planning Services)
32. 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)
33. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm
vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state
and county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed, will not provide the same kind of surface expected from a paved road. Snow
RESOLUTION USR13-0022
NOBLE ENERGY INC
PAGE 10
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.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bret Elliott, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick
Berryman, Robert Grand.
CASE NUMBER: USR13-0022
APPLICANT: NOBLE ENERGY INC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT, OIL AND GAS
SUPPORT AND SERVICE, INCLUDING, STORAGE OF PIPE AND
PRODUCTION EQUIPMENT, AND ANY LNG RELATED USE PERMITTED AS
A USE BY RIGHT, AN ACCESSORY USE OR A USE BY SPECIAL REVIEW IN
THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICT; AND A TRUCK
PARKING AREA IN THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION: LOT B REC EXEMPT RECX12-0069 LYING WITHIN E2NW4 SECTION 26,
T6N, R64W OF THE 6TH P.M., WELD COUNTY, COLORADO. PART LOT B
REC EXEMPT RECX12-0069 LYING WITHIN W2NW4 SECTION 26, T6N,
R64W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 66 SECTION LINE; EAST OF AND
ADJACENT TO CR 57.
Kim Ogle, Planning Services, presented Case USR13-0022, 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.
Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Vince Harris, Baseline Corporation, 700 12`h Street #220, Golden Colorado stated that this is a proposed
storage yard for Noble Energy. The storage facility will receive, store and dispatch oil and gas
equipment. A LNG facility will also be located on site. The facility acts as a mobile refueling station and
will be operated by Encana.
Mr. Harris requested that the screening plan not be required. He stated that it will be a fenced facility and
added that they would rather have an open fence for security reasons.
In response to Commissioner Grand's inquiry, Mr. Ogle stated that no comments have been received
from surrounding property owners. Mr. Grand said from a security standpoint he understands the request
from the applicant. Commissioner Lawley stated that screening doesn't necessarily mean fencing but
that it could be landscaping. Commissioner Maxey asked Mr. Harris if he has visited with the nearest
residences. Mr. Harris said that they have not approached the residences. Mr. Grand recommended that
the applicant visit with the residences and then meet with staff to work out the screening requirement.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Wilbur Stringer, 31349 CR 57, stated that he lives across from this facility. He is concerned with the
possibility of an explosion at this facility. He said that they should look at paving County Road 64.5 from
Gill to County Road 59 as well as County Road 57 from Highway 392 to Highway 263.
Ms. Hansen said that they did have a high number of trucks proposed for the water depot; however it is a
phased facility and the improvements agreement has triggers outlined for dust control and paving
requirements. Ms. Hansen said that if a report is made that they are using the wrong haul route they
would perform an investigation and if they are found utilizing other roads they would be in violation and
would need to appear before the Board of County Commissioners.
Mr. Harris said that he recalls several trigger numbers in the improvements agreement for dust control
and paving requirements.
ao/ /7/a
Mr. Maxey inquired about the possibility of explosion. Dan Summer, Noble Energy, 1625 Broadway,
Denver, Colorado, stated that he is not aware of any blast containment plan for this facility but that they
would be prepared to do that before the Board of County Commissioner's hearing.
Ms. Hansen reviewed the improvements agreement with all of the traffic triggers in place.
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 USR13-0022 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 Robert Grand, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bret Elliott, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick
Berryman, Robert Grand.
CASE NUMBER:
APPLICANT:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR13-0019
BIRKIN MARK
PLANNER: TIFFANE JOHNSON
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A WINERY (CIDERY AND TASTING ROOM): BED AND
BREAKFAST FACILITY; AND A USE PERMITTED AS A USE BY RIGHT, AN
ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL
OR INDUSTRIAL ZONE DISTRICTS (EVENTS CENTER), PROVIDED THAT
THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED
SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO
ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE
A (AGRICULTURAL) ZONE DISTRICT.
PARCEL B REC EXEMPT RE -41; PART E2SE4 SECTION 5, T2N, R67W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
APPROXIMATLY 0.5 MILES NORTH OF CR 24; WEST OF AND ADJACENT
TO CR 17.
Tiffane Johnson, Planning Services, presented Case USR13-0019, 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. Ms. Johnson noted that
Condition of Approval 1.A has been met as she received a letter from the Fire District stating that they
worked out their concerns with the applicant.
Don Carroll, 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.
Adam Grove, 11455 CR 17, Firestone, Colorado, stated that Ms. Johnson did a great job explaining their
proposal. Mr. Grove said that they do not have all of the state licenses yet, but once approved they will
start production.
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 USR13-0019 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 Robert Grand, Seconded by Nick Berryman.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
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