HomeMy WebLinkAbout20130739.tiffEXHIBIT
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BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bill Hall, that the following resolution be introduced for passage by the Weld County
Commission. Be it resolved by the Weld County Planning Commission that the application for:
I If
Planning
CASE NUMBER: USR13-0001
APPLICANT: JOHN MOSER
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
MINERAL RESOURCE DEVELOPMENT INCLUDING OIL AND GAS SUPPORT AND
SERVICE (WATER SUPPLY & STORAGE) AND ANY USE PERMITTED AS A USE BY
RIGHT, AN ACCESSORY USE OR A USE BY SPECIAL REVIEW IN THE
COMMERCIAL OR INDUSTRIAL ZONE DISTRICT, (NON -RETAIL TRANSIENT
LIQUIFIED NATURAL GAS (LNG) FUELING STATION AND A PARKING AREA) IN
THE AGRICULTURAL ZONE DISTRICT
LEGAL DESCRIPTION: LOTS A AND B OF RECX12-0073 BEING PART OF THE E2 E2 OF SECTION 29 T3N,
R65W OF THE 6TH P.M. OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 28, WEST OF VACATED CR 41 SECTION
LINE; ONE MILE EAST OF CR 39.
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 states "...the source of water in
the pond is from wells on the property, such as 75655-F, which are permitted pursuant to a court
decree for uses including commercial, industrial and irrigation."
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 at least one well,
75655-F, that is permitted through the Division of Water Resources for irrigation, industrial and
commercial use, 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 22-2-20.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 groundwater loadout facility will support an oil and gas company by supplying water for
their oil and gas drilling operations. Additionally, the facility may also provide water for irrigation
and industrial uses.
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 seven (7) miles east of the Town of Platteville and is
bordered by County Road 41 and County Road 28 to the west and north respectively. The facility
RESOLUTION USR13-0001
JOHN MOSER
PAGE 2
will be located on two parcels of land utilizing existing infrastructure for the water storage and
supply load out facility utilizing water permitted through the State Engineers office. Groundwater
from wells will be pumped to the load out facility through a centrally located water transmission
pipeline. The transient LNG fueling station requires little site improvements other than a parking
area and fuel transfer location.
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." The second component associated with the water loadout
facility is the non -retail transient liquefied natural gas [LNG] fueling station. This facility will be
utilized by the water trucks frequenting the water depot.
Section 22-2-80 D. I.Goal 4. of the Weld County Code states: "All new industrial development
should pay its own way." The applicant 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 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 22-4-30.A. 1. WA.Policy 1.1. Acknowledge a water right as real property that is held by
the individual or entity that has developed or maintained the water decree." The State Engineer,
Division of Water Resources permitted more than one well for industrial and commercial use via
truck hauling.
Section 22-4-30.A. WA.Goal.2 states "Strive to maintain and protect water supply storage
facilities, conveyances and infrastructure adequate to sustain continued water use." The
allocation of groundwater and installing a central groundwater load out facility is an appropriate
use in an agricultural area. In fact, the proposed use would ultimately reduce the impacts of oil
and gas operations in the area because utilizing local groundwater for production would generate
less noise, dust, traffic and waste.
Section 22-6-20.C.1. EC0N.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 a Site Specific Development
Plan and Special Review Permit for Mineral Resource Development including oil and gas support
and service (water supply & storage) and any use permitted as a use by right, an accessory use
or a use by special review in the Commercial or Industrial zone district, (non -retail transient
liquefied natural gas [LNG] fueling station and a parking area) 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
improvements, including the water depot upload facility, the large holding pond and internal road
infrastructure. Adjacent properties are utilized for the Morwai 6000 head Dairy adjacent to the
north and east, for range and grazing lands to the west, a salvage yard and soil remediation
facility to the south and range and grazing lands to the north. Oil and gas facilities are existing
encumbrances on this parcel and adjacent properties. There are a few residences in the
immediate area, with the nearest residence located approximately 2300 feet to the southwest of
the water depot site. Development Standards and Conditions of Approval will ensure that this use
will be compatible with surrounding land uses.
RESOLUTION USR13-0001
JOHN MOSER
PAGE 3
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 area for a municipality.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County Code.
The existing site is not within a recognized overlay district, including the Geologic Hazard, Flood
Hazard or Airport Overlay District. The existing site is within the County Road Impact Fee Area
and the Capital Expansion Impact Fee area.
Effective April 25, 2011, 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)
Effective April 25, 2011, 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)
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 "Irrigated Land (Not Prime)" per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. The two lineal shaped parcels, comprising the two
sites has historically been in rangeland.
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 USR13-0001. (Department of Planning Services)
C. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
2) County Road 28 is designated on the Weld County Road Classification Plan as a
collector road, which requires 80 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way. An additional 10 feet shall be delineated on the plat
as future County Road 28 right-of-way. All setbacks shall be measured from the
edge of future right-of-way. The applicant shall verify the existing right-of-way and
the documents creating the right-of-way and this information shall be noted on the
plat. If the right-of-way cannot be verified, it shall be dedicated. This road is
maintained by Weld County. (Department of Public Works)
RESOLUTION USR13-0001
JOHN MOSER
PAGE 4
3) County Road 41 is designated on the Weld County Road Classification Plan as a
collector road, which requires 80 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way. An additional 10 feet shall be delineated on the plat
as future County Road 41 right-of-way south of the T" intersection with County Road
28. All setbacks shall be measured from the edge of future right-of-way. The
applicant shall verify the existing right-of-way and the documents creating the right-
of-way and this information shall be noted on the plat. If the right-of-way cannot be
verified, it shall be dedicated. This road is maintained by Weld County. (Department
of Public Works)
4) County Road 41 north of the "T" intersection with County Road 28 is designated on
the Weld County Road Classification Plan as a Section Line road with right-of-way in
Section 28 only. (Department of Public Works)
5) The oil and gas setback radiuses for existing wellheads and tank batteries on the site
shall be indicated in accordance with Section 23-3-50.E of the Weld County Code.
(Department of Planning Services)
6) The facility has proposed one access for the water depot, the LNG Facility and the
Morwai Dairy. Appropriate signage is required for this shared internal access road.
Large radiuses (60 feet) are required at the access points to allow for large trucks
turning into each site. (Department of Public Works)
7) Please show the approved access on the USR Map and all other figures and plan
sets, and label with the Access Permit number (AP12-000390). (Department of
Public Works)
8) Show and label the truck staging area and address questions as to how many trucks
may be staged to fill at any one time. (Department of Public Works)
9) Please show and label the outdoor parking and storage areas located to the North of
the LNG facility. 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)
10) The approved Screening Plan. (Department of Planning Services)
11) The approved Lighting Plan. (Department of Planning Services)
12) Please show and label the stop sign at the facility access. (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 January 31, 2013. This includes off -
site improvements, on -site improvements, transportation related items, haul route signs and
routes as approved by Public Works.
The applicant provided a "Preliminary Drainage Report" dated November 30, 2012 and
signed and stamped by Chad A. TeVelde PE 45122 with AgProfessionals, LLC. Review of
that report includes redline notes on the provided plans, in the report text, and the summary
comments include specific items:
1. Please provide a Final Drainage Report that follows the USR-SPR Drainage Report
Checklist 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.
RESOLUTION USR13-0001
JOHN MOSER
PAGE 5
2. Please add a legend/key for the Drainage Plan/Drawing. Label all drainage facilities
including all pipes, spillways, drainage swales, and ditches. Give invert -in, invert -out
elevations and diameters/sizes for all pipes and culverts. Label every drainage pipe
and provide calculations that describe its flow capacity in the drainage report. See
redline notes on the plans.
3. It is not clear whether the URS Engineering Company designs for the water storage
pond were constructed. The AgPro plans show no spillway for the large water
storage pond; please show the as -built elevations and location for the emergency
spillway. The low area between the water storage pond and the road extends
westward onto the Wardell property. Has a drainage easement been obtained from
that owner for any pond overflows.
4. The plans and report do not describe how the low area between the water storage
pond and the road will be drained; please provide description and location of
necessary eastward draining of this area. Is there a culvert under the site access
road?
5. The plans and report do not show how or where offsite flows will enter and leave the
project site; these must be managed. Please show the flow paths and any
necessary culverts or swales to safely convey these flows around the facilities and
protect the County road.
6. The report does and plans do not indicate where onsite stormwater detention is
proposed.
7. Redline notes were made to a plan set labeled "Morwai Water Project — Existing
Site" however this plan set also has areas labeled "location of potential pond".
When submitting the Final Drainage Report and Construction Plans please follow the
standard drainage report checklist format giving clearly labeled "Proposed"
construction features. If the "potential" ponds are to be constructed, give the
proposed volume, show the grading contours, and provide location, type, and invert -
in and invert -out of the release pipes. In the Final report, describe which pond is to
serve which sub -basin. (Department of Public Works)
E. The applicant shall address the requirements (concerns) of the State of Colorado, Division of
Water Resources, as stated in their referral response dated January 22, 2013 specific to their
statement "if the impoundment qualifies as a jurisdictional dam according to the Rules and
Regulations for Dam Safety and Dam Construction, the dam requires coordination and a
permit from DWR's Dam Safety branch. Written evidence of compliance with these
regulations from the State of Colorado, Division of Water Resources, Dam Safety branch
shall be submitted to the Department of planning Services, so stating. (Division of Water
Resources)
F. The applicant shall submit a Screening plan to address the outdoor storage and parking of
operational equipment for review and approval. (Department of Planning Services)
G. The applicant shall submit a Lighting plan with applicable cut -sheets to address the on -site
lighting for the water depot, the LNG facility and the associated outdoor parking associated
with both for review and approval. (Department of Planning Services)
H. The applicant shall submit written evidence of compliance from the Colorado Department of
Labor and Employment, Division of Oil and Public Safety, Oil Inspection Section stating that
the LNG fueling station as proposed herein is compliant with the State regulations.
(Department of Planning Services)
RESOLUTION USR13-0001
JOHN MOSER
PAGE 6
An Improvements and Road Maintenance Agreement including upgrades and maintenance
of the haul route is required. Roadways Improvements may be triggered due to heavy truck
traffic associated with the facility including turn lanes; the following is a list of the triggers for
turn lanes:
a. 25vph turning right into the facility during a peak hour.
b. 10vph turning left into the facility during a peak hour.
c. 50 ph turning right out of the facility during a peak hour (Departments of Public
Works)
J. The applicant shall obtain a stormwater discharge permit from the Water Quality Control
Division of the Colorado Department of Public Health and Environment. (Departments of
Public Works)
K. The applicant shall either submit a copy of an agreement with the property's mineral
owner/operators stipulating that the oil and gas activities have been adequately incorporated
into the design of the site or show evidence that an adequate attempt has been made to
mitigate the concerns of the mineral owner/operators. Drill envelopes can be delineated on
the plat in accordance with the State requirements as an attempt to mitigate concerns. The
plat shall be amended to include any possible future drilling sites. (Department of Planning
Services)
L. The applicant shall apply for a partial vacation of USR-1201 to reflect the downsizing of the
Special Use Permit (USR-1201) for a 6000 head dairy to the boundary of Lot C of RECX12-
0073. Further, the applicant shall submit the applicable mapping for this action. (Department
of Planning Services)
2. The applicant shall submit three (3) paper copies or an electronic copy of all maps 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 respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable
GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be
sent to dhuerteraco.weld.co.us. (Department of Planning Services)
5. Prior to the Release of Building Permits:
A. 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)
RESOLUTION USR13-0001
JOHN MOSER
PAGE 7
B. 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)
C. Building height shall be measured in accordance with the 2012 International Building Code
for the purpose of determining the maximum building size and height for various uses and
types of construction and to determine compliance with the Bulk Requirements from Chapter
23 of the Weld County Code. Building height shall be measured in accordance with Chapter
23 of the Weld County Code in order to determine compliance with offset and setback
requirements. Offset and setback requirements are measured to the farthest projection from
the building. (Department of Building Inspection)
D. A commercial building permit is required for all new construction. (Department of Building
Inspection)
E. Electrical permits will be required for all wiring to pumps, equipment and exterior lights.
(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)
6. One month prior to the start of construction:
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)
B. Contact the Permitting/Inspection agent for Weld County Public Works, for a Right -of -Way
permit for any work that may be required in the right-of-way on County roads. A special
transport permit will be required for any oversized or overweight vehicles that may access the
site and may also be obtained through the same office. (Department of Public Works)
C. 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)
D. 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 USR13-0001
JOHN MOSER
PAGE 8
Motion seconded by Jordan Jemiola.
VOTE:
For Passage
Robert Grand
Bill Hall
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
Joyce Smock
Jordan Jemiola
Against Passage Absent
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 March 5, 2013.
Dated the 5th of March, 2013.
'f 1�b�I�i7 XtllOrlG/Yl
Kristine Ranslem
Secretary
Digitally signed by Kristine
Ranslem
Date: 2013.03.07 15:09:22 -07'00'
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
John Moser
USR13-0001
1. Site Specific Development Plan and Special Review Permit for Mineral Resource Development
including oil and gas support and service (water supply & storage) and any use permitted as a use by
right, an accessory use or a use by special review in the Commercial or Industrial zone district, (non -
retail transient liquefied natural gas [LNG] fueling station and a 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. Hauling hours (truck trips to and from the facility) shall be limited 24 -hours a day, seven -days/ week.
(Department of Planning Services)
4. The water supply and storage and LNG facility and parking are operated as an unmanned site.
(Department of Planning Services)
5. 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)
6. 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)
7. 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. The applicant
shall operate in accordance with the approved "waste handling plan", at all times. (Department of
Public Health and Environment)
8. 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)
9. This facility shall adhere to the maximum permissible noise levels allowed in the non specified Zone
as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
10. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. As employees or contractors are on site for less than 2 consecutive hours a
day and there are 10 or less customers or visitors per day, portable toilets are acceptable. Records of
maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and
available for review by the Weld County Department of Public Health and Environment. Portable
toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers.
(Department of Public Health and Environment)
11. 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)
12. The fresh water storage and loading system shall be operated in a manner to minimize spills. Fresh
water spills should be captured in above -ground containment areas for reuse or allowed to infiltrate.
There shall be no discharge from this process to surface waters or to the facility's stormwater
management system, in accordance with the Rules and Regulations of the Colorado Water Quality
Control Commission, and the Environmental Protection Agency. (Department of Public Health and
Environment)
RESOLUTION USR13-0001
JOHN MOSER
PAGE 10
13. The operation shall comply with all applicable oil and gas operations regulated by the Colorado Oil
and Gas Conservation Commission. (Department of Public Health and Environment)
14. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank
Regulations (7 CCR 1101-14), as applicable. (Department of Public Health and Environment)
15. 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)
16. The LNG Facility as permitted is strictly non -retail (not selling to the public). Should this designation
change, an amendment may be required. (Colorado Department of Labor and Employment)
17. There shall be no parking or staging of vehicles on County roads. (Department of Public Works)
18. 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. All vegetation, other than grasses, needs to be
maintained at a maximum height of 12 inches until the area is completely developed. (Department of
Public Works)
19. 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)
20. The applicant must take into consideration storm water capture/quantity and provide accordingly for
Best Management Practices. (Department of Public Works)
21. Weld County is not responsible for the maintenance of onsite drainage -related features. (Department
of Public Works)
22. This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency
Management Agency (FEMA). (Department of Public Works)
23. The lighting and screening on site shall be maintained in accordance with the approved Lighting and
Screening Plans. (Department of Planning Services)
24. 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)
25. Effective April 25, 2011, 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)
26. Effective April 25, 2011, 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)
27. 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)
RESOLUTION USR13-0001
JOHN MOSER
PAGE 11
28. 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; 2003
ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building
Inspection)
29. Building height shall be measured in accordance with the 2012 International Building Code for the
purpose of determining the maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld
County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County
Code in order to determine compliance with offset and setback requirements. Offset and setback
requirements are measured to the farthest projection from the building. (Department of Building
Inspection)
30. Building permits are required for buildings, structures and change of use for buildings which required
permits before the beginning of construction or the proposed change of use. (Department of Building
Inspection)
31. A building permit will be required for any new construction, alteration, or addition to any building on
the property. It is recommended that a code analysis be done on the project by a design professional
with experience in this area. (Department of Building Inspection)
32. A plan review shall be approved and a permit must be issued prior to the start of construction.
(Department of Building Inspection)
33. A letter is required from the Platteville Fire Protection District as to whether a fire permit will be
required. (Department of Building Inspection)
34. 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)
35. 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)
36. 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)
37. 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)
38. 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)
39. 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)
RESOLUTION USR13-0001
JOHN MOSER
PAGE 12
40. 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.
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 art, / s 3-5-13
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, March 5, 2013
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Jason Maxey, at 1:30 pm.
Roll Call.
Present: Benjamin Hansford, Bill Hall, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick
Berryman, Robert Grand.
Absent/Excused: Bret Elliott
Also Present: Kim Ogle, Department of Planning Services; Don Carroll, Department of Public Works;
Lauren Light, Department of Health; Brad Yatabe, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the February 19, 2013 Weld County Planning Commission minutes, Moved by Robert
Grand, Seconded by Benjamin Hansford. Motion passed unanimously.
CASE NUMBER: USR13-0001
APPLICANT: JOHN MOSER
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR MINERAL RESOURCE DEVELOPMENT INCLUDING OIL AND GAS
SUPPORT AND SERVICE (WATER SUPPLY & STORAGE) AND ANY USE
PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE OR A USE BY
SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICT,
(NON -RETAIL TRANSIENT LIQUIFIED NATURAL GAS (LNG) FUELING
STATION AND A PARKING AREA) IN THE AGRICULTURAL ZONE DISTRICT
LEGAL DESCRIPTION: LOTS A AND B OF RECX12-0073 BEING PART OF THE E2 E2 OF SECTION
29 T3N, R65W OF THE 6TH P.M. OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 28, WEST OF VACATED CR 41 SECTION
LINE; ONE MILE EAST OF CR 39.
Kim Ogle, Planning Services, presented Case USR13-0001, 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.
Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Glen Czaplewski, AGPROfessionals, LLC, 4350 State Highway 60, Longmont, Colorado stated that the
applicant is requesting a water transfer station and LNG fueling facility on their site. There is an existing
pond filled by existing permitted water wells to supply water for oil and gas companies and irrigators
already operating in the area. The LNG fueling facility is a transient facility and the predominate user will
be the applicant John Mosier, however they would like to have the option for outside entities to utilize the
facility. As it is designed, Encana the current operator, currently grants access to the LNG facility.
Mr. Yatabe said that there was a mineral owners notice issue. He added that the notice that the applicant
sent to the mineral owners, Anadarko, Kerr McGee, and Noble Energy, was deficient. He said that there
was an incorrect meeting date and legal description. Mr. Yatabe said that he understands that
AGPROfessionals have gotten confirmation from Andadarko and Kerr McGee that they wish to waive
their rights; therefore there is no issue with them. He added that he understand Noble Energy has paid
for the LNG facility and doesn't believe that they will be objecting. He wished to have this issue on
record, however.
Mr. Czaplewski said that they will work diligently with Noble Energy and have full confidence that they will
receive a waiver in advance of the Board of County Commissioner hearing.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Roy Wardell, 16512 Essex Road, Platteville, Colorado, stated that he sold the 35 acres to Mr. Mosier for
access to the dairy facility. He asked for clarification if this facility is for public use. Mr. Maxey said that
according to the application this is for Mr. Mosier's purpose; however there is a provision for other entities
to use the facility under contract basis. He commented that he is concerned with the amount of traffic.
Mr. Czaplewski said that they will make a commitment to keep Mr. Wardell involved in the process. He
added that with regard to traffic there are safety triggers to alleviate these concerns.
Mr. Czaplewski asked to remove the provision of the screening requirement under Condition of Approval
1.F. He added that the closest residence is to the south of the site and the pond is about 7 to 8 feet high
which screens the LNG facility. In addition, the closest residence to the west is approximately 1 mile.
Mr. Czaplewski said that in addition they would like to remove Condition 1.C.8 regarding the delineation
of the staging area. He added that they do not want to stage any vehicles out on county roads but would
like to have the flexibility to stage appropriately and within the internal accesses of the facilities rather
than delineate the area on the plat map.
In response to the Chair's inquiry, Mr. Ogle said that according to the Weld County Code a screening plan
is required if there is outside parking or storage of vehicles. He added that the access drive is a joint
access for the dairy, water storage, and the LNG facility and they want to make sure that the access is
clear so that deliveries of commodities will not be impaired to the dairy facility. Commissioner Maxey said
that he understands Mr. Mosier owns the dairy as well however he does not want to have any backup on
the county roads. Commissioner Grand said it is an intensive use for that size property and feels that the
designated parking is required.
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 USR13-0001 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Bill Hall, Seconded by Jordan Jemiola.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bill Hall, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick
Berryman, Robert Grand.
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 Grand stated that Mayor Kipp of Keenesburg said he did not receive adequate notification
of the application from the last hearing and asked staff to explain the process and why they weren't
notified early on in the process. He added that Mr. Kipp thought that by submitting the mylars for
annexation of property that it updated the IGA with Weld County. Tom Parko, Planning Services, stated
that the Intergovernmental Agreement Area (IGA) is included with a map of the IGA boundaries. He
provided an outline of the process of when an application is submitted to the Planning Department and
the obligation that the applicant has when the site is located in the IGA of the municipality. Mr. Parko
stated that the site was not located in the IGA; however he added that he had personal conversations
with Mayor Kipp regarding the application when it was first submitted to the Planning Department. In
response to Mr. Grand's inquiry of who is responsible in updating the IGA, Mr. Parko said that if a
municipality wishes to change their IGA it is the town's responsibility to contact the County for an update
to the IGA.
Meeting adjourned at 2:41 pm.
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