HomeMy WebLinkAbout20123067.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bill Hall, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR12-0047
PLANNER: DIANA AUNGST
APPLICANT: DOUGLAS & DEBORAH DUGGAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A
MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING OIL AND GAS
SUPPORT AND SERVICE (WATER DEPOT AND STORAGE) IN THE A
(AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION: LOT B REC EXEMPT RECX11 -0035; PART NW4 SECTION 4, T10N, R61W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: APPROXIMATELY 200 FEET SOUTH OF COUNTY ROAD 122 AND
APPROXIMATELY ONE-HALF MILE EAST OF COUNTY ROAD 89.
be recommended favorably to the Board of County Commissioners for the following reasons:
1 . The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-
2-220 of the Weld County Code as follows:
A. Section 23-2-220.A. 1 - The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect.
Section 22-2-20. C. - A. Goal 3. states: "County land use regulations recognize and respect the
rights afforded by the State Constitution and associated statutes of individually decreed water
rights. Water rights are considered real property and should be protected as any other private
property right. "
Section 22-2-20. C.3 - 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. "
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 22-6-20 A. ECON. Goal 1. State: "Encourage the expansion of existing businesses
and the location of new industries that will provide employment opportunities in the County. "
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 22-2-80.D - I. Goal 4 states, "All new industrial development should pay its own
way. "
The applicant will be responsible for covering all costs for all on-site and any applicable off-
site improvements associated with this use, as required through the Improvements
Agreement and Conditions of Approval.
Section 22-4-30.A. 1 (WA.Policy 1. 1) states, 'Acknowledge a water right as real property that
is held by the individual or entity that has developed or maintained the water decree. "
EXHIBIT
RESOLUTION USR12-0047
DOUGLAS& DEBORAH DUGGAN
PAGE 2
The State Engineer's Office,Division of Water Resources(DWR),has permitted two(2)wells for
industrial and commercial use,via truck hauling on the 136 acres of overlying land. Well Permit
#69713-FR and #74396-F. Well Permit#69713-FR is permitted to withdraw 33 acre-feet per
year from the Laramie aquifer.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the Agricultural (A)
Zone District. Sections 23-3-40.A.2 of the Weld County Code allows for, A Site Specific
Development Plan and Special Review Permit for a Mineral Resource Development Facilities
Including: Oil And Gas Support and Service (Water Depot and Storage)in the A(Agricultural)
Zone District.
Currently the property is in violation (COMP11-00147)for the operation of a commercial water
hauling business without an approved and recorded Use by Special Review permit(USR). If the
USR is approved,the violation will be closed. If denied,the case shall be referred to the County
Attorney's office with a delay of legal action for 30 days in order to give the applicant time to
ensure that the business is removed from the property.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The site is located approximately one-third mile east of the Town of Grover and is located in a
rural area on lands without irrigation water. The site currently contains 5 water tanks, a trash
container, a water pump, and a small shed. Adjacent properties are mainly utilized for dryland
pastures/crops and a yet to be permitted propane distribution business. The nearest residence
is located in the Town of Grover; approximately one-half mile to the west the site. The Weld
County Department of Planning Services has received no comments/concerns from the
surrounding property owners. The attached Development Standards and Conditions of
Approval, including a required lighting plan and a road improvements and maintenance plan,will
address the impacts and ensure compatibility with surrounding area.
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 Town of Grover in their referral dated August 10, 2012 stated that they have no concerns
with the proposed development; although they will monitor the water table in the area.
E. Section 23-2-220.A.5--The application complies with Article V of the Weld County Code. The
existing site is within the County Road Impact Fee Area and the Capital Expansion Impact Fee
and Drainage Impact Fee areas.
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"Prime if they become irrigated"per the
1979 Soil Conservation Service Important Farmlands of Weld County Map.The proposed USR
is approximately 2.5 acres in size and will not take Prime(Irrigated)Farmland out of production.
RESOLUTION USR12-0047
DOUGLAS& DEBORAH DUGGAN
PAGE 3
G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of health, safety, and
welfare of the inhabitants of the neighborhood and County.
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 can 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. An Improvements and Road Maintenance Agreement is required for this site. Access
improvements shall include 60 foot turning radiuses and tracking control to prevent the tracking
of mud onto the County roadway. (Department of Public Works)
B. The applicant shall submit to the Department of Planning Services with a Lighting Plan for review
and approval. (Department of Planning Services)
C. The applicant shall apply for all applicable building permits. (Department of Planning Services.)
D. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR12-0047. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The plat shall be prepared per Section 23-2-260.D of the Weld County Code. (Department
of Planning Services)
4) Approved lighting plan. (Department of Planning Services)
5) County Road 122 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. 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) Reference the recorded easement used for access on the Plat. (Department of Public
Works)
7) The applicant has obtained an Access Permit for two accesses to the property.Show and
label the approved accesses on the plat with the approved Access Permit number(AP11-
00499). (Department of Public Works)
2. Upon completion of 1. above the applicant shall submit three (3) paper copies of the plat for
preliminary approval to the Weld County Department of Planning Services. Upon approval of the
paper copies 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)
RESOLUTION USR12-0047
DOUGLAS & DEBORAH DUGGAN
PAGE 4
3. 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 dhuerter(a�co.weld.co.us. (Department of Planning Services)
Motion seconded by Mark Lawley.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
Joyce Smock
Jordan Jemiola
Bret Elliott
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on October 16, 2012.
Dated the 16th of October, 2012.
Digitally signed by Kristine Ranslem
461:66n& Location: 1555 N 17th Ave
i 1%LIt�Jc.�/ Date:2012.10.22 11:13:35-06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
USR12-0047
1. A Site Specific Development Plan and Special Review Permit for a mineral resource development
facilities including:Oil and Gas Support and Service(Water Depot and Storage)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. Hauling hours(truck trips to and from the facility)shall be 24-hours seven-days/week. (Department of
Planning Services)
4. Well permit no.69713-FR is permitted by the State of Colorado to withdraw 33 acre-feet per year for
commercial use from the Laramie aquifer based on the overlying 136 acre land area. Prior to the
transfer or lease to any person or entity of all or part of the overlying 136 acre land area, such person
or entity shall be informed of the existence of well permit no. 69713-FR and the effect on the
availability of water to such land. (Department of Planning Services)
5. There shall a maximum of 10 water tanks on the site at any one time. (Department of Planning
Services)
6. No employees will be stationed on site. (Department of Planning Services)
7. 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)
8. 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)
9. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions,blowing debris,and other potential nuisance conditions.(Department of
Public Health & Environment)
10. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health & Environment)
11. 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)
12. 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 &
Environment)
13. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility.
As employees or contractors are on site for less than 2 consecutive hours a day, portable toilets are
acceptable. (Department of Public Health & Environment)
14. 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 &
Environment)
RESOLUTION USR12-0047
DOUGLAS& DEBORAH DUGGAN
PAGE 6
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 & Environment)
16. There shall be no parking or staging of vehicles on County Road 122. (Department of Public Works)
17. The maximum number of proposed trucks utilizing the site is 1-235 per day. Exceeding these numbers
may require revision of the Improvements and Road Maintenance Agreement.(Department of Public
Works)
18. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases,diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
19. 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)
20. 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)
21. 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)
22. 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)
23. 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)
24. 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)
25. 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)
26. 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)
27. 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)
RESOLUTION USR12-0047
DOUGLAS& DEBORAH DUGGAN
PAGE 7
28. 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)
29. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views,spaciousness,wildlife, lack of city noise and congestion,and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor
from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes;
hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of
pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice
for agricultural producers to utilize an accumulation of agricultural machinery and supplies to
assist in their agricultural operations. A concentration of miscellaneous agricultural materials often
produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102,
C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance
if the agricultural operation alleged to be a nuisance employs methods or practices that are
commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development. When moving to the County, property owners and residents must realize they
cannot take water from irrigation ditches, lakes, or other structures, unless they have an
adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000)square miles in size
(twice the size of the State of Delaware)with more than three thousand seven hundred (3,700)
miles of state and County roads outside of municipalities. The sheer magnitude of the area to be
served stretches available resources. Law enforcement is based on responses to complaints
more than on patrols of the County, and the distances which must be traveled may delay all
emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually
provided by volunteers who must leave their jobs and families to respond to emergencies. County
gravel roads, no matter how often they are bladed,will not provide the same kind of surface
expected from a paved road. Snow removal priorities mean that roads from subdivisions to
arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in
many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be
more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and
center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and
livestock, and open burning present real threats. Controlling children's activities is important, not
only for their safety, but also for the protection of the farmer's livelihood. (Department of Planning
Services)
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, October 2, 2012
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 0 Street, Greeley, Colorado. The meeting was called to order by Chair, Jason
Maxey, at 1 : 30 p. m.
Roll Call.
Present: Benjamin Hansford, Bill Hall, Bret Elliott, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Nick Berryman, Robert Grand.
Also Present: Kim Ogle and Diana Aungst, Department of Planning Services; Don Carroll and Heidi Hansen,
Department of Public Works; Lauren Light, Department of Health ; Brad Yatabe, County Attorney, and Kris
Ranslem, Secretary.
VI Motion : Approve the September 18, 2012 Weld County Planning Commission minutes, Moved by
Robert Grand, Seconded by Bill Hall.
Motion passed unanimously.
e CASE NUMBER: USR12-0038
APPLICANT: WELLS RANCH, LLLP
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING
AN OIL AND GAS SUPPORT AND SERVICE FACILITY (OIL AND GAS ROUST-A-
BOUT BUSINESS) IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: PART NW4 OF SECTION 32; PART OF THE E2SE4 OF SECTION 30; AND PART
OF SECTION 29; ALL IN T6N R63W OF THE 6TH P.M. , WELD COUNTY,
COLORADO.
LOCATION: NORTH AND SOUTH OF CR 64 SECTION LINE; 1 MILE EAST OF CR 61 .
Kim Ogle, Planning Services, stated that staff is requesting continuance to the October 16, 2012
Planning Commission hearing as the applicant has submitted a revised application to proceed forward with the
application.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuance of
this case. No one wished to speak.
IR Motion : Continue Case USR12-0038 to the October 16, 2012 Planning Commission hearing, Moved by
Bill Hall, Seconded by Robert Grand.
Motion passed unanimously.
r,=1 CASE NUMBER: USR12-0047
PLANNER: DIANA AUNGST
APPLICANT: DOUGLAS & DEBORAH DUGGAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A
MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING OIL AND GAS
SUPPORT AND SERVICE (WATER DEPOT) IN THE A (AGRICULTURAL) ZONE
DISTRICT
LEGAL DESCRIPTION: LOT B REC EXEMPT RECX11 -0035; PART NW4 SECTION 4, T10N, R61W OF
THE 6TH P.M. , WELD COUNTY, COLORADO.
LOCATION: APPROXIMATELY 200 FEET SOUTH OF COUNTY ROAD 122 AND
APPROXIMATELY ONE-HALF MILE EAST OF COUNTY ROAD 89.
4Diana Aungst, Planning Services, stated that staff is requesting a continuance until the October 16, 2012
• Planning Commission hearing.
EXHIBIT
1
f ,� s cccJ7
Li
The Chair asked if there was anyone in the audience who wished to speak for or against the continuance of
this case. No one wished to speak.
G Motion: Continue Case USR12-0047 to the October 16,2012 Planning Commission hearing, Moved by
Bill Hall, Seconded by Benjamin Hansford.
Motion passed unanimously.
t7 CASE NUMBER: USR12-0048
APPLICANT: KENYON AYARS
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR
OIL AND GAS SUPPORT AND SERVICE, INCLUDING OIL AND GAS
PROCESSING FACILITIES AND RELATED EQUIPMENT, INCLUDING,BUT NOT
LIMITED TO, THREE (3) COMPRESSORS ASSOCIATED WITH GAS
PROCESSING OR WHICH COMPRESS GAS TO ENTER A PIPELINE FOR
TRANSPORT TO MARKET, IN THE A(AGRICULTURAL)ZONE DISTRICT,
LEGAL DESCRIPTION: LOT A RECX12-0046; PART OF THE SE4 OF SECTION 14,T11 N,R63W OF THE
6TH P.M., WELD COUNTY, COLORADO,
LOCATION: NORTH OF CR 128 SECTION LINE; WEST OF CR 71 SECTION LINE.
la Kim Ogle, Planning Services, presented Case USR12-0048, 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. In addition, Public Works and
Environmental Health presented their reports and stated that they have no concerns with this request.
e Grant Burchell, Engineering Manager for Bear Tracker Energy, 1512 Larimer Street, Suite 540, Denver
CO, stated that many of the oil wells are flaring gas in the area. They have contracted with the producer to
gather that flare gas and bring it to market. They will install a gathering system from each wellhead to this
location and compress it and then it will go north 1 mile to the processing plant,which is permitted under USR-
1772, for Pecan Pipeline.
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 he read through the Development Standards and Conditions of Approval and
if theyare in agreement with those. The applicant replied that he is in agreement.
I
LI Motion: Forward Case USR12-0048 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval, Moved
by Robert Grand, Seconded by Jordan Jemiola.
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,El
Grand.
LI CASE NUMBER: USR12-0049
APPLICANT: COLORADO DEPARTMENT OF HIGHWAYS
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT(FORMERLY USR-993 AND USR-883)FOR A RECREATIONAL
FACILITY(SHOOTING RANGE)AND A PUBLIC UTILITIES FACILITY INCLUDING
EQUIPMENT STORAGE OR REPAIR FACILITIES IN THE A (AGRICULTURAL)
ZONE DISTRICT
LEGAL DESCRIPTION: LOT B RE-2692; PART W2NE4 SECTION 21, T5N, R65W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 60.5 AND EAST OF CR 47.
2
The Chair asked the applicant if he read through the amended Development Standards and Conditions of
• Approval and if they are in agreement with those. The applicant replied that he is in agreement.
Motion: Forward Case USR12-0038 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 Bill Hall, Seconded by Joyce Smock
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Bill Hall Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman.
CASE NUMBER. USR12-0047
PLANNER: DIANA AUNGST
APPLICANT: DOUGLAS & DEBORAH DUGGAN
REQUEST. A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A
MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING OIL AND GAS
SUPPORT AND SERVICE (WATER DEPOT AND STORAGE) IN THE A
(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION: LOT B REC EXEMPT RECX11-0035; PART NW4 SECTION 4, T10N, R61W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: APPROXIMATELY 200 FEET SOUTH OF COUNTY ROAD 122 AND
APPROXIMATELY ONE-HALF MILE EAST OF COUNTY ROAD 89.
Diana Aungst, Planning Services, presented Case USR12-0047, 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 requirements
of the site. The proposed traffic stated in the application is up to 12 truck trips per day; however the applicant
has indicated that they would like to raise that number. Ms. Hansen stated that Public Works is acceptable to
• raising the number since the applicant will need to adhere to the Improvements and Road Maintenance
Agreement.
Lauren Light. Environmental Health, reviewed the public water and sanitary sewer requirements, on-site dust
control, and the Waste Handling Plan. She said that portable toilets are allowed according to their new
Environmental Health Policy however the applicant is requesting a waiver from having any kind of sanitary
facility on site
Doug Duggan 616 Chatoga, stated that they have been operating a commercial water depot and would like to
continue the use of this operation. The nearest residence is one-half mile from the site. Mr. Duggan
requested to amend the number of trucks to 35 trucks per day because they use smaller trucks. In addition,
they would like to have a lagoon for the storage of water to keep up with the demand.
Mr. Duggan said that the drivers are there only 10-15 minutes to load water and doesn't feel that having
portable toilets on site is necessary. He requested that no portable facilities be located on site.
Commissioner Lawley asked what the impacts would be of the proposed lagoon and additional truck traffic.
Ms. Hansen said that the additional truck traffic would be addressed under the Improvements and Road
Maintenance Agreement.
Motion: Amend Development Standard 17 to reflect 35 trucks per day, Moved by Nick Berryman. Seconded
by Mark Lawley.
Motion passed unanimously.
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 he read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that he is in agreement.
EXHIBIT
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Motion: Forward Case USR12-0047 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 Bill Hall, Seconded by Mark Lawley.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Bill Hall, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman.
CASE NUMBER: USR12-0046
APPLICANT: NELSON RANCHES INC
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A
MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING OIL AND GAS
SUPPORT AND SERVICE (GAS PLANT) IN THE A (AGRICULTURAL) ZONE
DISTRICT
LEGAL DESCRIPTION: SUBDIVISION EXEMPTION SUBX11-0009;LOCATED IN PART OF THE N1/2 OF
SECTION 18,T1 ON, R58W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 118 AND APPROXIMATELY 2.5 MILES
WEST OF CR 127.
Chris Gathman, Planning Services, presented Case USR12-0046, 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 requirements
of the site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site dust
control, and the Waste Handling Plan.
Mike Brown, Whiting Oil and Gas, PO Box 847, Mills, Wyoming, stated that the gas plant was in operation
• since 1980. They were made aware that they needed a land use permit in the last year. So in addition, they
have added a staging area to the southern portion of the site.
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 he read through the Development Standards and Conditions of Approval and
if they are in agreement with those. The applicant replied that he is in agreement.
Motion: Forward Case USR12-0046 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 Bill Hall.
Vote: Motion carried by unanimous roll call vote (summary: Yes=6).
Yes: Bill Hall, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman.
Robert Grand entered the meeting at 2:19 pm.
CASE NUMBER: USR12-0053
APPLICANT: FRANCISCO RAMIREZ
PLANNER: KIM OGLE
REQUEST: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A
MINERAL RESOURCE DEVELOPMENT FACILITIY INCLUDING AN OIL AND GAS
SUPPORT FACILITY(ROUST-A-BOUT AND EXCAVATING SERVICE)IN THE A
(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION: LOT A REC EXEMPT RE-2263;PART SE4 SECTION 9,T2N,R66W OF THE 6TH
P.M.,WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 31, NORTH OF AND ADJACENT TO CR 22.
• Kim Ogle, Planning Services, presented Case USR12-0053,reading the recommendation and comments into
the record. The Department of Planning Services recommends approval of this application with the attached
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