HomeMy WebLinkAbout20132929.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola, 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: USR13-0042
APPLICANT: AKA ENERGY GROUP
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT (FKA USR-866) FOR MINERAL RESOURCE DEVELOPMENT
FACILITIES INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY
(EXPANSION OF AN EXISTING GAS PROCESSING FACILITY) IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT C OF RECORDED EXEMPTION RE -4508; LOCATED IN PART OF THE NW4
OF SECTION 32, T4N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 40; APPROXIMATELY 0.5 MILES WEST OF
CR 29.
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.2. A.Policy 7.2. states: "Conversion of agricultural land to nonurban
residential, commercial and industrial uses should be accommodated when the subject site is
in an area that can support such development, and should attempt to be compatible with the
region."
Section 22-2-20 I. A.Goal 9. States: "Reduce potential conflicts between varying land uses in
the conversion of traditional agricultural lands to other land uses."
Section 22-2-20 1.3. A.Policy 9.3. States: "Consider mitigation techniques to address
incompatibility issues. Encourage techniques and incentives, such as but not limited to
clustered development and building envelopes, to minimize impacts on surrounding
agricultural land.
A number of Conditions of Approval and Development Standards including a Lighting Plan,
Noise Abatement Plan, and Noise Standard are attached to ensure consistency with the
County Code and to address compatibility with the existing surrounding land uses.
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 allows oil and gas support
facilities 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 proposed Amended USR site is located adjacent to farmground
to the north, south, east and west. There is a multi -family apartment building located
approximately 750-800 feet to the west of the site. The nearest existing single family
residences are located approximately �/4 mile to the west and approximately % mile to the
south of the site. A number of Conditions of Approval and Development Standards (Lighting
Plan, Noise Abatement Plan, Noise Standard...) are attached to ensure compatibility with the
existing surrounding land uses. No phone calls or correspondence has been re
surrounding property owners in regards to this case.
RESOLUTION USR13-0042
AKA ENERGY GROUP
PAGE 2
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 three (3) mile referral areas of the Town of Gilcrest, Town of
Platteville and Town of Milliken. The Town limits of Gilcrest are located 1/2 mile from the
boundary of the USR site. The site is also located within the Cooperative Planning
(Intergovernmental Agreement) boundary of the Town of Gilcrest. Notice of a pending USR
application (through a Notice of Inquiry form) was provided to the Town of Gilcrest by the
applicant prior to submittal of the USR application per the requirements of Chapter 19 of the
Weld County Code. The notice form was signed and returned by the Town of Gilcrest with no
comments.
The Town of Milliken in their referral comments, dated August 8, 2013 indicated that they
have no concerns. No referral response has been received from the Town of Gilcrest or the
Town of Platteville.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The existing site is within the County -Wide Road Impact Fee Area and the
Capital Expansion Impact Fee area.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Program.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. The Amended Use by
Special Review Permit site is located on land delineated as "Prime" according to the Prime
and Important Farmlands Map of Weld and Larimer Counties. The proposed USR area of
expansion is located on an existing 8.5 acre recorded exemption lot that is not a part of the
irrigated cropland area that encompasses the majority of the remainder of the quarter section.
G. Section 23-2-220.A.7 — There are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County. The attached Development
Standards and Conditions of Approval will adequate provisions for the protection of the
Health, safety and welfare of the inhabitants of the neighborhood and the 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. In the event the applicant intends to utilize the existing septic system the septic system shall
be reviewed by a Colorado Registered Professional Engineer. The review shall consist of
observation of the system and a technical review describing the system's ability to handle the
proposed hydraulic load. The review shall be submitted to the Environmental Health Services
Division of the Weld County Department of Public Health and Environment. In the event the
system is found to be inadequately sized or constructed the system shall be brought into
compliance with current Regulations. (Department of Public Health and Environment)
RESOLUTION USR13-0042
AKA ENERGY GROUP
PAGE 3
B. 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 to Environmental Health Services Division of the Weld County
Department of Public Health & Environment. Alternately, the applicant can provide evidence
from the APCD that they are not subject to these requirements. (Department of
Environmental Health)
C. The applicant shall attempt to address the requirements of the Platteville-Gilcrest Fire
Protection District, as stated in the referral response dated August 18, 2013. Written
evidence of such shall be submitted to the Weld County Department of Planning Services.
(Department of Planning Services)
D. The applicant shall address the requirements of the Weld County Office of Emergency
Management as stated in their referral dated August 14, 2013. Written evidence of such shall
be provided to the Department of Planning Services. (Department of Planning Services)
E. An accepted Final Drainage Report stamped and signed by a Professional Engineer
registered in the State of Colorado is required. (Department of Public Works)
F. An improvements and road maintenance agreement is required for the site during
construction. Road maintenance including dust control and damage repair will be included.
(Department of Public Works)
G. The applicant shall submit a Lighting Plan to the Department of Planning Services, for review
and approval. (Department of Planning Services)
H. The applicant shall submit a Noise Abatement Plan to the Department of Planning Services,
for review and approval. (Department of Planning Services)
The applicant shall submit a Sign Plan to the Department of Planning Services for review and
approval for all Facility Identification Signs.
J. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR13-0042 (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
4. The applicant shall delineate the trash collection areas. Section 23-3-350.H of the
Weld County Code addresses the issue of trash collection areas. Areas used for
storage or trash collection shall be screened from adjacent properties and public
rights -of -way. These areas shall be designed and used in a manner that will prevent
trash from being scattered by wind or animals. (Department of Planning Services)
5. County Road 40 is designated on the Weld County Road Classification Plan as a
local gravel road, which requires 60 feet of right-of-way at full build -out. The
applicant shall delineate on the plat the existing right-of-way. All setbacks shall
be measured from the edge of right-of-way. This road is maintained by Weld
County. (Department of Public Works)
6. The approved Sign Plan. (Department of Planning Services)
7. The approved Lighting Plan. (Department of Planning Services)
RESOLUTION USR13-0042
AKA ENERGY GROUP
PAGE 4
8. Show the approved access(es) on the plat and label with the approved permit
number (will be provided). (Department of Public Works)
9. Reference on the plat for the improvements on Highway 85 and County Road 29 and
County Road 40 as outlined in the US 85 Access Control Plan 1-76 to WCR 80
December 1999. (Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit three (3) paper copies
or one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all
other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The
Mylar plat and additional requirements shall be submitted within one hundred twenty (120) days from
the date of the Board of County Commissioners Resolution. The applicant shall be responsible for
paying the recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat
not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable
GIS formats are ArcView shapefiles orArcGIS Personal GeoDataBase (MDB). The preferred format
for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to
mapsco.weld.co.us. (Department of Planning Services)
5. Prior to 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. Right of way permit is required for any work within the public right of way. (Department of
Public Works)
C. A Special transport permit is required for any over size or over weight vehicles. (Department
of Public Works)
6. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the Office of
Emergency Management and the Fire District. The plan shall be reviewed on an annual basis
by the Facility operator, the Fire District and the Weld County Office of Emergency
Management. Submit evidence of acceptance to the Department of Planning Services.
(Department of Planning Services)
7. The Amended Use by Special Review activity shall not occur, nor shall any building or electrical
permits be issued on the property, until the Amended Use by Special Review plat is ready to be
recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services)
RESOLUTION USR13-0042
AKA ENERGY GROUP
PAGE 5
Motion seconded by Benjamin Hansford.
VOTE:
For Passage
Benjamin Hansford
Bret Elliott
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Mark Lawley
Michael Wailes
Nick Berryman
Against Passage Absent
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 September 17, 2013.
Dated the 17th of September, 2013.
Digitally signed by Kristine
Ranslem
Date: 2013.09.23 08:50:41 -06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
AKA Energy Group LLC
U S R13-0042
1. A Site Specific Development Plan and Amended Use by Special Review Permit USR13-0042 is for a
Site Specific Development Plan and Amended Use by Special Review Permit for Mineral Resource
Development Facilities including an Oil and Gas Support and Service Facility (expansion of an
existing Gas Processing Facility originally approved under USR-866) in the A (Agricultural) Zone
District. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The hours of operations shall be 24 hours a day, 365 days a year. Employees will access the site from
7:30 AM to 5:30 PM as stated by the applicant's. (Department of Planning Services)
4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section
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)
5. 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, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment)
6. Waste materials shall be handled, stored, and disposed of 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)
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
District, as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
9. All potentially hazardous chemicals must be handled in a safe manner, in accordance with product
labeling, and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile
organic compounds (VOC's). All chemicals must be stored secure, on an impervious surface, and in
accordance with manufacturer's recommendations. (Department of Public Health and Environment)
10. 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)
11. 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)
12. The Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times.
(Department of Public Health and Environment)
13. A spillage retention berm shall be installed around the tank battery. The volume retained by the
spillage berm shall be greater than the volume of the largest tank inside the berm.
14. A current list of the maximum quantities of hazardous materials expected at the site shall be
maintained with the State Health Department, Division of Waste Management, and Weld County
Office of Emergency Management pursuant to C.R.S. 29-22-107 (2) A.
RESOLUTION USR13-0042
AKA ENERGY GROUP
PAGE 7
15. The 300 -barrel condensate tank and 100 -barrel water tank shall be located no closer than 100 feet to
all propane storage tanks.
16. A current map of the location of the gas supply shutoff valves shall be maintained with the Platteville
Fire Protection District.
17. Smoking shall not be permitted at any time on the Special Review area. "NO SMOKING" signs shall
be placed and maintained on the subject site.
18. All vessels containing flammable or dangerous materials shall be identified in accordance with the
National Fire Protection Association, #704M identification system.
19. No less than one 40A 240BC rated fire extinguisher shall be located and maintained on the Special
Review site at all times.
20. All land within twenty-five (25) feet of any oil or gas tanks containing flammable or combustible
materials, or other appurtenant production equipment shall be kept free of dry weeds, grass, or
rubbish.
21. The soil erosion control plan approved by the Platte Valley Soil Conservation Services shall be
maintained at all times.
22. The appearance of the facility shall be maintained in a neat and orderly manner through periodic
painting and maintenance.
23. A six foot chain link fence, topped with three strands of barb -wire, shall enclose the Special Review
area.
24. 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)
25. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in accordance
with the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard
to operators of motor vehicles on public or private streets. No colored lights may be used which may
be confused with, or construed as, traffic control devices. (Department of Planning Services)
26. Should 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,
pursuant to Chapter 15, Articles I and II, of the Weld County Code. (Department of Public Works)
27. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Public Works)
28. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Public Works)
29. There shall be no parking or staging of vehicles on County roads. On -site parking shall be utilized.
(Department of Public Works)
30. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently the
following has been adopted by Weld County: 2012 International Codes; 2006 International Energy
Code; 2011 National Electrical Code; A building permit application must be completed and two
complete sets of engineered 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 or an open hole inspection.
a. All building permit requirements can be found on the Weld County web -site at:
www.co.weld.co.us/Building Inspection/commercial permits
(Department of Building Inspection)
RESOLUTION USR1 3-0042
AKA ENERGY GROUP
PAGE 8
31. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide
Road Impact Fee Program, the County Facility Fee and Drainage Impact programs.
32. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
33. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations.
34. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans
or Development Standards, as shown or stated, shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
35. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners.
36. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm
vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
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
RESOLUTION USR13-0042
AKA ENERGY GROUP
PAGE 9
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 minu,cw q//71G
impacted here. Some of the practices may have to change but added that they are minimal in
consideration.
Commissioner Sparrow recommended to the Board of County Commissioners that good negotiations are
well underway and the landowners are satisfied before approval.
Commissioner Jemiola said that it is inconsistent with the Weld County Comprehensive Plan
Section 22-2-20 Agricultural Goals and Policies and the Weld County Right to Farm Act. He added that
he doesn't appreciate being put in a position to take someone's private property for a private use.
Commissioner Maxey thanked the applicants and the landowners for coming into an agreement with
regard to the preferred route. He believes the farming practices can still continue. Additionally, he
believes that Public Service Company of Colorado has demonstrated today by proposing an amendment
to the route that they will put their best foot forward to negotiate properly with the landowners.
Commissioner Elliot said that he is a big proponent of farming but believes that the impact is minimal.
Commissioner Berryman said that he personally does not like the aesthetic look of it but believes that
farming can still continue. He said that Public Service Company of Colorado made reasonable efforts to
make the least impact possible with the preferred route.
Commissioner Lawley said that everyone is aware of the condemnation process that can happen and
believes that the negotiation process can and does work. He encouraged the applicant to work with the
affected landowners and ensure that they are adequately compensated.
CASE NUMBER: USR13-0042
APPLICANT: AKA ENERGY GROUP
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT (FKA USR-866) FOR MINERAL RESOURCE
DEVELOPMENT FACILITIES INCLUDING AN OIL AND GAS SUPPORT AND
SERVICE FACILITY (EXPANSION OF AN EXISTING GAS PROCESSING
FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT C OF RECORDED EXEMPTION RE -4508; LOCATED IN PART OF THE
NW4 OF SECTION 32, T4N, R66W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 40; APPROXIMATELY 0.5 MILES WEST
OF CR 29.
For the record, Commissioner Maxey noted that he drove by the site today.
Chris Gathman, Planning Services, presented Case USR13-0042, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
Jennifer Petrik, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site. She requested adding a Condition of Approval 1.J.9 to read "Reference on the plat
for the improvements on Highway 85 and County Road 29 and County Road 40 as outlined in the US 85
Access Control Plan 1-76 to WCR 80 December 1999".
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Steve Szabo, 13472 CR 40, stated that they plan to expand the plant.
Commissioner Maxey asked why the existing access can't be utilized for both facilities and why another
needs to be installed. Mr. Szabo said that it would be for an emergency access.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak. EXHIBIT
Motion: Add Condition of Approval 1.J.9 as stated by staff, Moved by Jason Maxey, Seconded by
Benjamin Hansford.
Motion passed unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR13-0042 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Jordan Jemiola, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Benjamin Hansford, Bret Elliott, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark
Lawley, Michael Wailes, Nick Berryman.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR13-0041
UNITED SURFACE AND MINERALS LLC; 0/O SELECT ENERGY SERVICES
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES
INCLUDING OIL AND GAS SUPPORT FACILITY (CLASS II OILFIELD WASTE
DISPOSAL FACILITY - SALTWATER INJECTION FACILITY AND WATER
RECYCLING AND A WATER SUPPLY & STORAGE UPLOAD FACILITY AND
TRUCK TANKER WASHOUT FACILITY) IN THE A (AGRICULTURAL) ZONE
DISTRICT
W2 SECTION 35, T8N, R60W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
SOUTH OF AND ADJACENT TO CR 88 SECTION LINE; EAST OF AND
ADJACENT TO CR 105.
For the record, Commissioner Maxey noted that he drove by the site today.
Kim Ogle, Planning Services, presented Case USR13-0041, 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.
Jim Goddard, Select Energy Services, 3031 1st Avenue, Greeley, Colorado said that they are proposing a
Class II Water Disposal facility with future recycling of the water on location.
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 USR13-0041 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 Jason Maxey, Seconded by Joyce Smock.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Benjamin Hansford, Bret Elliott, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark
Lawley, Michael Wailes, Nick Berryman.
CASE NUMBER: MET13-0002
6
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