HomeMy WebLinkAbout20130740.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Kim Ogle
Case Number: USR13-0001
Applicant: John Moser -- 6600 West 20th Street, Unit 11, Greeley, Colorado 80634
Representative: Glen Czaplewski -- 4350 Highway 66, Longmont Colorado 80504
Hearing Date: March 5, 2013
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 liquefied natural gas [LNG] fueling station and a
parking area) in the A - Agricultural zone district
Legal Lots A and B of RECX12-0073 being part of the E2SE4 Section 29, T3N, R65W of the 6th
Description: P.M., Weld County Colorado
Location: North of and adjacent to County Road 28, West of vacated County Road 41; one mile east of
County Road 39
Size of Parcel: 45.3 Acres +/- Parcel No. 1213-29-4-00-020 and 1213-29-1-00-021
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the following
agencies:
Colorado Department of Labor and Employment, referral dated January 7, 2013
Weld County Department of Public Health and Environment, referral dated January 16, 2013
State of Colorado, Division of Water Resources referral dated January 22, 2013
Weld County Department of Building Inspection, referral dated January 29, 2013
Weld County Department of Public Works, referral dated January 31, 2013
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Weld County Zoning Compliance, referral dated January 4, 2013
Platteville Fire Protection District, referral dated January 5, 2013
Colorado Parks and Wildlife, referral dated January 5, 2013
Weld County Extension Office, referral dated January 16, 2013
The Department of Planning Services' staff has not received responses from the following agencies:
Weld County Sheriff's Office
Platteville Soil Conservation District
John Moser
USR13-0001, page 1
u
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Kim Ogle
Case Number: USR13-0001
Applicant: John Moser -- 6600 West 20th Street, Unit 11, Greeley, Colorado 80634
Representative: Glen Czaplewski -- 4350 Highway 66, Longmont Colorado 80504
Hearing Date: March 5, 2013
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 liquefied natural gas [LNG] fueling station and a
parking area) in the A - Agricultural zone district
Legal Lots A and B of RECX12-0073 being part of the E2SE4 Section 29, T3N, R65W of the 6th
Description: P.M., Weld County Colorado
Location: North of and adjacent to County Road 28, West of vacated County Road 41; one mile east of
County Road 39
Size of Parcel: 45.3 Acres +/- Parcel No. 1213-29-4-00-020 and 1213-29-1-00-021
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED 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 Department of Planning Services' staff 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
John Moser
USR13-0001, page 2
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 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 liquified 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. ECON.Policy 3.1. County activities and regulation should protect the
rights of private property owners and the public health, safety and welfare, recognizing that
these basic rights and protections allow the free market to prosper and grow the local
economy.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District. Section 23-3-40.A.2 of the Weld County Code provides for a Site Specific
John Moser
USR13-0001, page 3
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.
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.
SUMMARY OF USE: The load out facility proposed by John Moser was constructed to include an open
six (6) acre lined pond with a multiple island fill station that will allow the facility to develop and store water
in an efficient manner. The fill station facility, including temporary water storage will occur in an area
north of County Roads 28 and 41. The facility is proposed to operate 24 hours — 7 days a week and will
be utilized by employees of the applicant only. The facility will operate on a daily basis with 115
roundtrips per day with haul trucks accessing the site. As the proposed LNG fueling station will
accommodate only the water haul trucks, and the associated parking area will provide parking for these
same trucks, no additional traffic volumes are anticipated.
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.
John Moser
USR13-0001, page 4
The Department of Planning Services' staff 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)
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)
John Moser
USR13-0001, page 5
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:
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.
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
John Moser
USR13-0001, page 6
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)
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)
John Moser
USR13-0001, page 7
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 dhuerterco.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)
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)
John Moser
USR13-0001, page 8
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)
John Moser
USR13-0001, page 9
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)
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)
John Moser
USR13-0001, page. 11
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)
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
John Moser
USR13-0001, page. 12
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)
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
John Moser
USR13-0001, page. 13
only for their safety, but also for the protection of the farmer's livelihood.
John Moser
USR13-0001, page. 14
February 04, 2013
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
GLEN CZAPLEWSKI
AGPROFESSIONALS, LLC
4350 HWY 66
LONGMONT, CO 80504
Subject: USR13-0001 - 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, SIMILAR TO A GASOLINE SERVICE STATION (NON -RETAIL TRANSIENT LIQUIFIED
NATURAL GAS FUELING STATION) IN THE AGRICULTURAL ZONE DISTRICT
On parcel(s) of land described as:
LOTS A AND B OF RECX12-0073 BEING PART OF THE E2 SE4 OF SECTION 29 T3N, R65W OF
THE 6TH P.M. OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on March 5, 2013, at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on March 27, 2013 at 10:00
a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O
Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2013.02.04 08:48:29 -0700'
Kim Ogle
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
January 03, 2013
CZAPLEWSKI GLEN
AGPROFESSIONALS LLC
4350 HWY 66
LONGMONT, CO 80504
Subject: USR13-0001 - 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 INDUSTTRIAL
ZONE DISTRICT, SIMILAR TO A GASOLINE SERVICE STATION (TRANSIENT LIQUIFIED NATURAL
GAS FUELING STATION) IN THE AGRICULTURAL ZONE DISTRICT
On parcel(s) of land described as:
LOTS A AND B RECX12-0073 BEING PART OF THE E2 SE4 OF SECTION 29 TOWNSHIP 3 NORTH,
RANGE 65 WEST OF THE 6TH P.M. of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
If you have any questions concerning this matter, please call.
Respectfully.
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2013.01.03 13:53:10 -07'00'
Kim Ogle
Planner
WELD -COUNTY
u
March 4, 2013
Glen Czaplewski
Agprofessionals, LLC
4350 Highway 66
Longmont, Colorado 80504
Subject: Notice to Mineral Interest Owners
Dear Glen:
DEPARTMENT OF PLANNING SERVICES
PLANNING DIVISION
1555 N. 17TH AVENUE
GREELEY, CO 80631
970-353-6100 EXT 3549
FAX 970-304-6498
koqle a7weldgov.com
The Department of Planning Services is in receipt of your letters to the surface owners, Mineral Estate
Owners and Lessees of Mineral Interests pursuant to C.R.S. 24-65.5.103. Review of the document
submitted finds several defects.
One, as to form, the Notice should clearly state:
1. Applicant:
2. Owner:
3. Time and Place of Initial Public Hearing:
4. Nature of the Hearing:
5. Location and Legal Description of the Property
Following this specific information, two statements similar to the following, shall be provided:
You may have an interest in the minerals located under the property. For additional information, please
write or telephone Kim Ogle, Planner at 970.353.6100, extension 3549.
Comments or objects related to the above request should be submitted in writing to the Weld County
Department of Planning Services, 1555 North 17th Avenue, Greeley, CO 80631, on or before the date of
the public hearing.
The document should be dated and signed by either Mr. Moser, applicant or his designee.
Two, the Time and Place of Initial Public Hearing is March 5, 2013 at 1:30PM... .
Three, the Nature of the Hearing is 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 ... , similar to a gasoline service station (non -retail transient liquefied natural gas
[LNG] fueling station and a parking area in the A - Agricultural zone district.
Four, the Location and Legal Description of the Property is Lots A and B of RECX12-0073 being part of
the E2E2 Section 29, T3N, R65W of the 6th P.M., County of Weld, State of Colorado.
As indicated in the letter submitted to this office, the time and place of the initial hearing, the nature of
the hearing and the location and Legal description of the property are incorrect. Given this defect of
Notice to Mineral Interest Owners, the Department of Planning Services will be requesting a
continuance of this land use case until sufficient time is afforded the applicant's representative to
provide adequate notice to the appropriate parties.
Should you have other concerns or questions, please contact this office at the numbers listed in the
masthead. Thank you.
Sincerely,
KLtr
Ki Ogle
Planner III
Enclosure: Copy of Agpro Notice to Mineral Interest Owners Letter dated January 29, 2013
File: USR13-0001
ec: B. Yata be, Attorney
T. Parko, Planning
K. Ranslem, Recording Secretary
J. Maxey, Planning Commission Chair
FIELD CHECK Inspection Date: August 29, 2012
Case Number: USR13-0001 Applicant: John Moser
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 liquefied natural gas
[LNG1 fueling station and a parking area) in the A - Agricultural zone district
Legal Lots A and B of RECX12-0073 being part of the E2SE4 Section 29, T3N, R65W of the 6th
Description. P.M., Weld County Colorado
Location: North of and adjacent to County Road 28, West of vacated County Road 41; one mile east of County
Road 39
Size of Parcel: 45.3 Acres +/-
Parcel No. 1213-29-4-00-020 and 1213-29-1-00-021
Zoning
Land Use
N
AGRICULTURE
N
RANGELAND AND MORWAI DAIRY
E
AGRICULTURE
E
MORWAI DAIRY
S
AGRICULTURE
S
INDUSTIRAL USES
W
AGRICULTURE
W
RANGELAND
Comments:
The load out facility was constructed in August 2012 and is currently operational and includes an engineered open six (6)
acre lined pond with a multiple island fill station located on a concrete pad.
The LNG Facility is also operational and is operated by Encana; see attached photographs
Hello