HomeMy WebLinkAbout20123212.tiff EXHIBIT
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BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION . 1 Pareif /
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIO -
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: USR12-0046
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, T10N, 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.
be recommended favorably to the Board of County Commissioners for the following reasons:
1 . The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-
2-220 of the Weld County Code as follows:
A. Section 23-2-220.A. 1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20 G.2. A.Policy 7.2. states: "Conversion of agricultural land to nonurban
residential, commercial and industrial uses should be accommodated when the subject site is
in an area that can support such development, and should attempt to be compatible with the
region."
Section 22-2-20 I. A.Goal 9. States: "Reduce potential conflicts between varying land uses in
the conversion of traditional agricultural lands to other land uses."
Section 22-2-20 1 .3. A.Policy 9.3. States: "Consider mitigation techniques to address
incompatibility issues. Encourage techniques and incentives, such as but not limited to
clustered development and building envelopes, to minimize impacts on surrounding
agricultural land."
22-2-100 A.2. OG.Policy 1 .2. states: "Oil and gas support facilities which do not rely on
geology for locations should locate in commercial and industrial areas, when possible, and
should be subject to review in accordance with the appropriate sections of this Code."
The facility is located on a small leasehold parcel within the Nelson Ranches property, a large
landholding that almost entirely surrounds the site. The nearest residences are located
approximately 1 .5 miles to the west of the site. These residences are located on property
owned by Nelson Ranches. Access to the site is from County Road 118, an all-weather east-
west road. The site is in a remote rural area.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the Agricultural (A)
Zone District. Section 23-3-40.A.2 of the Weld County Code allows oil and gas support
facilities as a Use by Special Review in the A (Agricultural) Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
® This facility is located in a rural area. The nearest residences are located 1 .5 miles to the
west of the site. No phone calls or correspondence has been received from surrounding
property owners in regards to this case.
RESOLUTION USR12-0046
NELSON RANCHES INC
PAGE 2
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities.This site is not located within the 3-mile referral area of any municipality.
E. Section 23-2-220.A.5 --The application complies with Article V of the Weld County Code.
This site is not located within the Geologic Hazard Overlay District or the Airport Overlay
District.Additionally the site is not located within a floodplain. 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. This is an existing facility.No
additional land will be taken out of production.
G. Section 23-2-220.A.7—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. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR12-0046. (Department of Planning Services)
B. The attached Development Standards. (Department of Planning Services)
C. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
D. The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld
County Code addresses the issue of trash collection areas. Areas used for storage or trash
collection shall be screened from adjacent 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)
E. Show the access points on the Plat and label them with the Access Permit number(AP12-
00047). (Department of Public Works)
F. Provide a water quality depression for the site. Show and label the depression on the plat.
(Department of Public Works)
G. Show and label County Road 118.County Road 118 is a local gravel road and requires a 60-
foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is
maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County
Zoning (23-1-90), the required setback is measured from the future right-of-way line.
(Department of Public Works)
H. The approved Sign Plan. (Department of Planning Services)
RESOLUTION USR12-0046
NELSON RANCHES INC
PAGE 3
2. 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(APCD),Colorado Department of Health and
Environment to Environmental Health Services Division of the Weld County Department of Public
Health &Environment.Alternately,the applicant can provide evidence from the APCD that they are
not subject to these requirements. (Department of Public Health & Environment)
3. The applicant shall address the following requirements of the Department of Public Works as stated in
their referral dated July 12, 2012:
An Improvements and Road Maintenance agreement is required.Access improvements shall
include 60-foot radiuses and tracking control including double cattle guards the exit of the
site.The improvements agreement and collateral(if collateral is required)shall be accepted
by the Board of County Commissioners prior to recording the plat. (Department of Public
Works)
4. The applicant shall address the requirements of the Department of Building Inspection as stated in
their referral dated July 30, 2012:
There are no building permits on file for any of the structures on the site. A building permit will be
required for each structure as well as for the covers over the compressor units.An engineer will need
to investigate the foundations and provide a letter for each foundation stating that it meets the current
adopted Weld County Codes.
Electrical permits will also be required.Any existing electrical wiring that has not been permitted will
need to be inspected and the proper permits pulled. (Department of Building Inspection)
5. The applicant shall submit a Sign Plan to the Department of Planning Services, for all Facility
identification signs, including location and size. (Department of Planning Services)
6. Upon completion of 1-5 above the applicant shall submit three (3) paper copies of the plat for
preliminary approval to the Weld County Department of Planning Services. 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)
7. In accordance with Weld County Code Ordinance 2012-3 approved April 30,2012,should the plat not
be recorded within the required one-hundred (120)days from the date the Use by Special Review
Permit was approved by the Board of County Commissioners a$50.00 recording continuance charge
may be added for each additional 3 month period.. (Department of Planning Services)
8. 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 maps(a)co.weld.co.us. (Department of Planning Services)
9. 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 Bill Hall.
RESOLUTION USR12-0046
NELSON RANCHES INC
PAGE 4
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.
/J Digitally signed by Kristine Ranslem
,yea�ux��,/„ 3t Location:1555 N 17th Ave
f Date:2012.10.22 11:08:57-06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Whiting Oil and Gas Corporation
USR12.0046
1. 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.
(Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The site operates twenty-four(24)hours a day,seven(7)days a week,365 days a year.(Department
of Planning Services)
4. 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)
5. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health&Environment)
6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris,and other potential nuisance conditions.(Department of Public Health&Environment)
7. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health & 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 &Environment)
9. 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)
10. The operation shall comply with all applicable rules and policies regulated by the Colorado Oil and
Gas Conservation Commission. (Department of Public Health & Environment)
11. 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)
12. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. Portable toilets and bottled water are allowed for employees or contractors
that are on site for less than 2 consecutive hours a day. (Department of Public Health&Environment)
13. The applicant shall obtain a Colorado Discharge Permit System /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 applicant shall comply with all provisions of the State Underground and Above Ground Storage
Tank Regulations. (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)
RESOLUTION USR12-0046
NELSON RANCHES INC
PAGE 6
16. 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)
17. There shall be no parking or staging of vehicles on CR 118. (Department of Public Works)
18. Weld County is not responsible for the maintenance of drainage related features. (Department of
Public Works)
19. A building permit will be required for any new construction,alteration,or addition to any buildings and
or equipment on the property. All buildings required that a code analysis be done on the project by a
design professional with experience in this area.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. A geotechnical
engineering report performed by a registered State of Colorado engineer shall be required or a open
hole inspection. (Department of Building Inspection)
20. A building permit shall be obtained prior to the construction of any new structures. Currently the
following has been adopted by Weld County: 2006 International Building Code; 2006 International
Mechanical Code; 2006 International Plumbing Code; 2006 International Fuel Gas Code; and the
2011 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building
Inspection)
21. Provide letter of notification from the New Raymer Fire Protection District prior to any new
construction. (Department of Building Inspection)
22. 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)
23. 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)
24. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240,Weld County Code.
25. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
26. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in accordance
with the plan. Neither the direct nor reflected light from any light source may create a traffic hazard to
operators of motor vehicles on public or private streets. No colored lights may be used which may be
confused with or constructed as traffic control devices. (Department of Planning Services)
27. 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, pursuant to Chapter 15,Articles I and II of the
Weld County Code. (Department of Public Works)
28. 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.
RESOLUTION USR12-0046
NELSON RANCHES INC
PAGE 7
29. 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.
30. 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.
31. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks,including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views,spaciousness,wildlife,lack of city noise and congestion,and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts,including noise from tractors and equipment;slow-moving farm
vehicles on rural roads;dust from animal pens,field work,harvest and gravel roads;odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved"out of the way"of residential development.
When moving to the County,property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000)square miles in size(twice
the size of the State of Delaware)with more than three thousand seven hundred(3,700)miles of state
and county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County,and the distances which must be traveled may delay all emergency responses,including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed,will not provide the same kind of surface expected from a paved road. Snow removal
priorities mean that roads from subdivisions to arterials may not be cleared for several days after a
major snowstorm. Services in rural areas,in many cases,will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment,ponds and irrigation ditches,electrical power for pumps and center
pivot operations,high speed traffic,sandburs,puncture vines,territorial farm dogs and livestock,and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
pc
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 N112 OF
SECTION 18, T10N, 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
EXHIBIT
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