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HomeMy WebLinkAbout20130102BEFORE 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: USR12-0070 APPLICANT: WELLS RANCH PLANNER: KIM OGLE REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING OIL AND GAS SUPPORT AND SERVICE, (INCLUDING OIL AND GAS PROCESSING FACILITIES AND RELATED EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, FIVE (5) COMPRESSORS ASSOCIATED WITH GAS PROCESSING OR WHICH COMPRESS GAS TO ENTER A PIPELINE FOR TRANSPORT TO MARKET AND ONE COMMUNICATION TOWER UP TO SEVENTY (70) FEET IN HEIGHT), IN THE A (AGRICULTURAL) ZONE DISTRICT LEGAL DESCRIPTION: SUBX12-0024 BEING PART OF THE N2 NW4 NW4 OF SECTION 27, T6N, R63W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: SOUTH OF CR 68; EAST OF CR 67. 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 22-5-100.A. (OG.Goal 1.) states " Promote the reasonable and orderly exploration and development of oil and gas mineral resources;" and Section 22-5-100.B. (OG.Goal 2.) states "Ensure that the extraction of oil and gas resources conserves the land and minimizes the impact on surrounding land and the existing surrounding land uses;" and Section 22-5-100.B. (OG.Policy 2.9.) states "Impose protective measures through available state, County and federal regulations to ensure that the mineral operator conducts operations in a manner that will minimize current and future environmental impacts." The request for a Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development Facility including a Natural Gas Processing Facility in the A (Agricultural) Zone District is for a new 4 unit gas compressor facility, being part of a new three to four part compressor, pipeline and gas processing plant network necessitated by the need to move larger volumes of gas due to the recent increases in drilling activity and projected additional production increases anticipated by producers. 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 Mineral Resource Development Facility including Oil and Gas Support and Service as a Use by Special Review in the A (Agricultural) Zone District. The site is an approximate 20 acre leasehold area permitted through SUBX12-0024. The plat shall be recorded prior to the case being heard by the Board of County Commissioners. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The property slopes gradually from the northwest to the southeast with generally no significant topographical change. This land and surrounding lands in each direction are in dryland agriculture and rangeland with limited irrigated agricultural lands in close proximity with numerous oil and gas facilities, well heads and tank batteries present in RESOLUTION USR12-0070 WELLS RANCH PAGE 2 each direction. There are no residential dwellings in close proximity to the proposed facility. There are two (2) property owners within five hundred feet of this facility, Wells Ranch LLLP Steve and Teresa Wells and State School Land. The entire property is presently rangeland. 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 within the three mile referral area of 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 -wide Road 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. This proposed facility is located on a 20 acre parcel utilizing 6 acres for the compressor site. The proposed facility is sited on lands that are designated "Other" on the Important Farmlands of Weld County map dated 1979. 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 amended to delineate the following: 1. All sheets of the plat shall be labeled USR12-0070 (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) RESOLUTION USR12-0070 WELLS RANCH PAGE 3 4. The applicant shall delineate the trash collection areas. Section 23-2-260.C.11 and Section 23-3-350.A.6 of the Weld County Code address the issue of trash collection areas. Areas used for storage or trash collection shall be screened from adjacent public rights -of -way and adjacent properties. These areas shall be designed and used in a manner that will prevent wind or animal scattered trash. (Department of Planning Services) 5. County Road 68 is designated on the Weld County Road Classification Plan as a local paved road, which requires 60 feet of right-of-way at full build out. 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. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. (Department of Public Works) 6. Show the approved access(es) on the Plat and label with the approved access permit number (AP12-00236). (Department of Public Works) 7. Delineate the Water Quality Depression and label it as "Water Quality, No Build or Storage Area". (Department of Public Works) 8. The approved Lighting Plan for the Facility. (Department of Planning Services) B. The applicant shall address the concerns of the Department of Public Works as indicated in their referral dated November 19, 2012. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Works) 1. Submit the supporting calculations for the water quality feature and any drainage improvements. (Department of Public Works) C. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application from the Air Pollution Control Division, Colorado Department of Health and Environment, if applicable. Alternately, the applicant can provide evidence from the APCD that they are not subject to these requirements. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) D. The applicant shall submit evidence of a signed copy of the Spill Prevention, Control and Countermeasure Plan shall be provided to Environmental Health Services Division of the Weld County Department of Public Health & Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) E. 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) F. The applicant shall submit a Lighting Plan for review and approval and include the manufacture's cut sheets for each of the proposed lighting fixtures and lamps to the Department of Planning Services. (Department of Planning Services) RESOLUTION USR12-0070 WELLS RANCH PAGE 4 G. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 2. Prior to Construction: A. 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 Planning Services) B. 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 Planning Services) 3. Upon completion of 1. 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 Amended 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. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, 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 be added for each additional 3 month period. (Department of Planning Services) 6. 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) Motion seconded by Benjamin Hansford. RESOLUTION USR12-0070 WELLS RANCH PAGE 5 VOTE: For Passage Robert Grand Bill Hall Benjamin Hansford Mark Lawley Nick Berryman Jason Maxey Joyce Smock Jordan Jemiola Bret Elliott 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 December 18, 2012. Dated the 18th of December, 2012. Digitally signed by Kristine 45\ibi,tqa"thipt, Ranslem Date: 2012.12.20 14:02:20 -07'00' Kristine Ranslem Secretary SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS DCP Midstream — Wells Ranch Compressor Site USR12-0070 R 12-0070 1. The Site Specific Development Plan and a Special Review Permit for Mineral Resource Development Facilities including Oil and Gas Support and Service, (including oil and gas processing facilities and related equipment, including, but not limited to, five (5) compressors associated with gas processing or which compress gas to enter a pipeline for transport to market, and one communications tower up to seventy (70) feet in height), in the A (Agricultural) Zone District, and subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health & Environment) 4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health & Environment) 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, 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 & Environment) 6. 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 & Environment) 7 Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. Portable toilets are allowed for employees or contractors that are on -site for less than two (2) consecutive hours per day. 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 & Environment) 8. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in Section 14-9-30 of the Weld County Code, or with all applicable State noise statutes and/or regulations. (Department of Public Health & Environment) 9. The operation shall comply with all applicable rules and policies regulated by the Colorado Oil and Gas Conservation Commission. (Department of Public Health & Environment) 10. 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 & Environment) 11. The Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times. (Department of Public Health & Environment) 12. The applicant shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations. (Department of Public Health & Environment) RESOLUTION USR12-0070 WELLS RANCH PAGE 7 13. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado Department of Public Health and Environment (CDPH&E), Water Quality Control Division, as applicable. (Department of Public Health & Environment) 14. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health & Environment) 15. A building permit will be required for the 5 compressors, the communications tower and associated buildings and equipment. (Department of Building Inspection) 16. A building permit application must be completed and two complete sets of engineered plans including engineered foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. (Department of Building Inspection) 17. A geotechnical engineering report performed by a registered State of Colorado engineer shall be required or a open hole inspection. (Department of Building Inspection) 18. Buildings, equipment and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code: 2006 International Energy Code; 2006 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) 19. A plan review shall be approved and a permit must be issued prior to the start of construction. (Department of Building Inspection) 20. All building plans shall be submitted to Galeton Fire District for review and approval prior to issue of Building Permits, (Department of Building Inspection) 21. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. (Department of Public Works) 22. Off-street parking spaces including the access drive shall be surfaced with gravel, recycled asphalt base, or the equivalent and shall be graded to prevent drainage problems. (Department of Public Works) 23. 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) 24. The applicant must take into consideration storm water capture/quantity and provide accordingly for best management practices. (Department of Public Works) 25. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 26. The applicant is required to comply with all Colorado Oil and Gas Conservation Commission (COGCC) rules and regulations including drill pad construction, storm water controls, and reclamation. (Department of Planning) 27. 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) RESOLUTION USR12-0070 WELLS RANCH PAGE 8 28. 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) 29. The facility will operate 24 hours per day 365 days per year. (Department of Planning Services) 30. The facility will comply with the approved Lighting Plan and Section 23-3-250.D.1 Lighting Standards of the Weld County Code. (Department of Planning Services) 31. 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) 32. 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) 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. (Department of Planning Services) 34. 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) 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. (Department of Planning Services) 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. RESOLUTION USR12-0070 WELLS RANCH PAGE 9 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. Minu-tt°s i2pI09__ SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, December 4, 2012 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, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman, Robert Grand. Absent/Excused: Bill Hall, Bret Elliott Also Present: Kim Ogle and Diana Aungst, Department of Planning Services; Don Carroll and Heidi Hansen, Department of Public Works; Lauren Light, Mary Evett and Troy Swain, Department of Health; Brad Yatabe, County Attorney, and Kris Ranslem, Secretary. Motion: Approve the November 20, 2012 Weld County Planning Commission minutes, Moved by Benjamin Hansford, Seconded by Jordan Jemiola. Motion passed unanimously. CASE NUMBER: USR12-0070 APPLICANT: WELLS RANCH PLANNER: KIM OGLE REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING OIL AND GAS SUPPORT AND SERVICE, (INCLUDING OIL AND GAS PROCESSING FACILITIES AND RELATED EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, FIVE (5) COMPRESSORS ASSOCIATED WITH GAS PROCESSING OR WHICH COMPRESS GAS TO ENTER A PIPELINE FOR TRANSPORT TO MARKET AND ONE COMMUNICATION TOWER UP TO SEVENTY (70) FEET IN HEIGHT), IN THE A (AGRICULTURAL) ZONE DISTRICT LEGAL DESCRIPTION: SUBX12-0024 BEING PART OF THE N2 NW4 NW4 OF SECTION 27, T6N, R63W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: SOUTH OF CR 68; EAST OF CR 67. Kim Ogle, Planning Services, stated that the applicant is requesting a continuance to the December 18, 2012 Planning Commission hearing. The Chair asked if there was anyone in the audience who wished to speak for or against the continuation of this case. No one wished to speak. Motion: Continue Case USR12-0070 to the December 18, 2012 Planning Commission hearing, Moved by Robert Grand, Seconded by Benjamin Hansford. Vote: Motion carried by unanimous roll call vote (summary: Yes =7) Yes: Benjamin Hansford, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman, Robert Grand. CASE NUMBER: USR12-0064 APPLICANT: DAVID & KAYLEEN HUNT, C/O A&W WATER SERVICE, INC. PLANNER: DIANA AUNGST REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW FOR A MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING OIL AND GAS SUPPORT AND SERVICE (WATER HAULING) IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION: LOT B 2ND CORR REC EXEMPT RE -3929; PART NW4 SECTION 33, T4N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: WEST OF AND ADJACENT TO HWY 85 AND SOUTH OF AND ADJACENT TO CR 40. Diana Aungst, Planning Services, stated that the applicant is requesting a continuance to the January 15, 2013 Planning Commission hearing. ,c)/ 3-O10 PC r1'Unu}rS 12/•s/iz PLANNER: CHRIS GATHMAN REQUEST: A SITE SPECIFIC DEVELOPMENT AND USE BY SPECIAL REVIEW PERMIT FOR A HOME BUSINESS (SADDLE, BRIDLE AND LEATHER GOODS SALES) IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION: PART OF THE NW4SW4 SECTION 31, T3N, R68W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: EAST OF AND ADJACENT TO CR 1 AND APPROXIMATELY 1.25 MILES NORTH OF STATE HIGHWAY 119. Chris Gathman, Planning Services, presented Case Number USR12-0068, reading the recommendation and comments into the record. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Heidi Hansen, Public Works, reported on the existing traffic, access and drainage conditions and the requirements on site. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan. Ms. Light stated that the main issue is the existing vault for the store which is not allowed, according to the septic regulations. A letter from the applicant's engineer stated that gravity flow cannot be met. However, Ms. Light provided options in the conditions of approval for the applicant to obtain the required sanitary sewer for the store on site. Richard Van Proosdy, 12490 CR 1, Longmont, Colorado stated that this is a retirement business where he buys and sells tack and saddles. He stated that he is the only employee. Commissioner Berryman asked the applicant to clarify the daily traffic. Mr. Van Proosdy said they may have up to five (5) vehicles per day. 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; however he would like the vault to remain in use since they prefer not to have anyone come in the house. He has the vault pumped out every 6 months. The Planning Commission offered suggestions and recommended the applicant have an engineer investigate the existing septic system, leech field and vault and find the most cost effective way to comply with the Weld County Code for sewage disposal. Motion: Forward Case USR12-0068 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 Nick Berryman, Vote: Motion carried by unanimous roll call vote (summary: Yes = 9). Yes: Benjamin Hansford, Bill Hall, Bret Elliott, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman, Robert Grand. CASE NUMBER: USR12-0070 APPLICANT: WELLS RANCH PLANNER: KIM OGLE REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING OIL AND GAS SUPPORT AND SERVICE, (INCLUDING OIL AND GAS PROCESSING FACILITIES AND RELATED EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, FIVE (5) COMPRESSORS ASSOCIATED WITH GAS PROCESSING OR WHICH COMPRESS GAS TO ENTER A PIPELINE FOR TRANSPORT TO MARKET AND ONE COMMUNICATION TOWER UP TO SEVENTY (70) FEET IN HEIGHT), IN THE A (AGRICULTURAL) ZONE DISTRICT LEGAL DESCRIPTION: SUBX12-0024 BEING PART OF THE N2 NW4 NW4 OF SECTION 27, T6N, R63W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: SOUTH OF CR 68; EAST OF CR 67. Kim Ogle, Planning Services, presented Case Number USR12-0070, 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. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan. Heidi Hansen, Public Works, reported on the existing traffic, access and drainage conditions and the requirements on site. Patrick Groom, Witwer, Oldenburg, Barry & Johnson, 822 7th St, Ste 760, Greeley, CO, represents DCP Midstream. Last year DCP Midstream was permitted for the LaSalle Processing Plant, which is currently under construction. This proposed compressor site will eventually deliver natural gas to the LaSalle Processing Plant. He added that the proposed radio tower will monitor production at all the compressor sites and the processing plants. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. The Chair asked the applicant if they have read through the Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Motion: Forward Case USR12-0070 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Jordan Jemiola, Seconded by Benjamin Hansford. Vote: Motion carried by unanimous roll call vote (summary: Yes = 9). Yes: Benjamin Hansford, Bill Hall, Bret Elliott, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman, Robert Grand. CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: USR12-0062 RF HOLDINGS LLC, CIO AGPROFESSIONALS, LLC CHRIS GATHMAN A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE. OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (MANUFACTURING, FABRICATION AND PAINTING OF OIL & GAS AND AGRICULTURAL EQUIPMENT) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT. PART OF THE W2 SECTION 26 AND PART OF THE E2 SECTION 27, ALL IN T3N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO. APPROXIMATELY 1/2 MILE SOUTH OF CR 30 AND APPROXIMATELY 1 MILE EAST OF CR 43. Jason Maxey noted that he has worked with the landowner, Jon Moser; however he does not have any financial interest in this application and he believes that he can be fair and impartial on this case. Chris Gathman, Planning Services, presented Case Number USR12-0062, 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. Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan. Hello