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HomeMy WebLinkAbout20123407.tiff EXHIBIT 2 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION �- J • RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Robert Grand, 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: USR12-0057 APPLICANT: STEVEN WELLS / WELLS RANCH 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 FACILITY AND OIL AND GAS STORAGE FACILITY (OIL AND GAS CENTRAL PROCESSING FACILITY ALONG WITH AN OIL STORAGE TANK AND FUTURE WATER RECYCLING) IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION: LOT A AND LOT B OF RECORDED EXEMPTION RE-2676; LOCATED IN PART OF THE NE4 OF SECTION 21 ; NW4 OF SECTION 22; ALL IN T6N, R63W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: SOUTH OF AND ADJACENT TO THE INTERSECTION OF COUNTY ROAD 67 AND COUNTY ROAD 68. 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 non urban o urban 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 proposed oil and gas support facility is located in a rural area. The nearest residence is located approximately 1/2 mile to the west of the site. Attached Development Standards and Conditions of Approval (Noise limits and the requirement that the applicant submit a Lighting Plan) will address and mitigate impacts on the surrounding 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. The site is located in a rural area. The nearest residences are located • approximately 1/2 mile to the west of the site. Attached Development Standards and Conditions of Approval (Noise limits and the requirement that the applicant submit a Lighting Plan) will address and mitigate impacts on the surrounding area. RESOLUTION USR12-0057 STEVEN WELLS / WELLS RANCH PAGE 2 • D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is not located within 3 miles of an incorporated municipality. 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 area. Effective April 25, 2011 , Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011 -2) Effective April 25, 2011 , Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011 -2) F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The facility is proposed to be located on land designated as "Other" according to the according to the Prime and Important Farmlands Map of Weld and Larimer Counties. 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 . Prior to Recording the Plat: A. The plat shall be amended to delineate the following: 1 . All sheets of the plat shall be labeled USR12-0057. (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4. The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. Areas used for storage or trash collection shall be screened from adjacent 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. CR 68 is a local gravel road and requires a 60-foot right-of-way at full build out. The applicant shall verify the existing 60 feet of 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) 5 6. Show the approved access(es) on the Plat and label with the approved access permit number (will be provided). (Department of Public Works) RESOLUTION USR12-0057 STEVEN WELLS / WELLS RANCH PAGE 3 7. The approved Lighting Plan. (Department of Planning Services) 8. Setbacks from plugged and abandoned oil and gas wells. (Department of Planning Services) 9. Setbacks from existing producing oil and gas wells and wellheads. (Department of Planning Services) 10. Revise the plat map. The oil tanks to the west of the eastern boundary of Lot A RE- 2676 shall meet the minimum setback of 1 foot per every 3 feet of tank height. (Department of Planning Services) 11 . The approved Sign Plan. (Department of Planning Services) B. The applicant shall address the requirements of the Weld County Department of Public Works as stated in their referral dated September 10 & September 20, 2012. The applicant shall address the following requirements: 1 . An improvements agreement including collateral for all on-site and off-site improvements is required for this site. The improvements agreement and collateral shall be accepted by the Board of County Commissioners prior to recording the plat. (Department of Public Works) 2. Submit a drainage report that follows the USR-SPR Drainage Report Checklist and a complete set of construction drawings that have been stamped, signed, and dated by a registered professional engineer licensed in the State of Colorado for review and approval by the Department of Public Works. Include the water recycling facilities in the 1111 revised Drainage Report for this site. (Department of Public Works) 3. The applicant will need to address how the water recycling component will affect the traffic narrative provided with the original application. The original application has very minimal traffic after construction. Please provide a narrative detailing the traffic expected for the water recycling component. (Department of Public Works) C. The applicant shall submit evidence of a Colorado Discharge Permit System (CDPS) from the Water Quality Control Division of the Colorado Department of Health and Environment for any proposed discharge into State Waterways, if applicable. (Department of Public Health & Environment) D. The applicant shall submit evidence of an Aboveground Storage Tank permit from the Colorado Department of Labor and Employment (CDL&E), Oil Inspection Section for any aboveground storage tanks located on the site. Alternately, the applicant can provide evidence from the (CDL&E), Oil Inspection Section that they are not subject to these requirements. (Department of Public Health & Environment) E. A Spill Prevention Control and Countermeasure plan shall be submitted to Weld County Department of Public Health and Environment (WCDPHE). (Department of Public Health & Environment) F. The applicant shall submit information on the final disposition of the separated water stream. (Department of Public Health & Environment) G. The applicant shall submit to the Department of Planning Services with a Lighting Plan for review and approval. (Department of Planning Services) • H. 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) RESOLUTION USR12-0057 STEVEN WELLS / WELLS RANCH PAGE 4• I. An executed lease agreement between Noble Energy and Wattenburg LLC shall be provided to the Department of Planning Services. (Department of Planning Services) 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) 3. In accordance with Weld County Code Ordinance 2012-3 approved 6/12/2012, should the plat not be recorded within the required one-hundred twenty (120) days from the date the Board of County Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3 month period. (Department of Planning Services) 4. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(a�co.weld.co.us. (Department of Planning Services) 5. 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 unless a stipulated agreement for early release of building and/or electrical permits is approved. (Department of Planning Services) • 6. Prior to Construction: A. Building permits will be required for the Oil and Gas Support and Service Facility and associated buildings and equipment. 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. A geotechnical engineering report performed by a registered State of Colorado engineer shall be required or a open hole inspection. (Department of Building Inspection) B. 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 the 2006 International Plumbing Code. and Chapter 29 of the Weld County Code. (Department of Building Inspection) C. A plan review shall be approved and a permit must be issued prior to the start of construction. (Department of Building Inspection) D. In the event that 1 or more acres are disturbed during the construction and development of this site, the applicant shall obtain a stormwater discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment. (Department of Public Works) E. If more than 1 acre is to be disturbed, a grading permit will be required prior to the start of construction. The grading permit application must contain: an erosion and sediment control plan, • a grading plan, installation details of all BMPs to be utilized, typical installation and maintenance notes for all BMPs to be utilized, and a copy of the approved CDPHE stormwater permit. (Department of Public Works) RESOLUTION USR12-0057 STEVEN WELLS / WELLS RANCH PAGE 5 Motion seconded by Nick Berryman. 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 ,13 6rtt Location: 1555 N 17th Ave Date: 2012.10.22 11 :05:36 -06'00' Kristine Ranslem Secretary • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT • DEVELOPMENT STANDARDS Noble Energy and Wattenberg , LLC USR12-0057 1 . A Site Specific Development Plan and Use by Special Review Permit for a mineral resource development facility including an oil and gas support facility and oil and gas storage facility (oil and gas central processing facility along with an oil storage facility, tank & pipeline storage and future water recycling) 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 number of full-time of on-site employees shall be limited to two (2) as stated in the application materials. (Department of Planning Services) 4. The facility operates twenty-four (24) hours a day, seven (7) days a week. (Department of Planning Services) 5. Specific plans for the non-commercial water recycling facility will be required to be submitted and reviewed by Weld County and the Colorado Oil and Gas Commission. The water recycling facility component may require a minor amendment to this USR. 6. 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) 7. 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) 8. 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) 9. The applicant shall operate in accordance with the approved "waste handling plan", at all times. (Department of Public Health & Environment) 10. The Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times. (Department of Public Health & Environment) 11 . The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank Regulations. (Department of Public Health & Environment) 12. 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) 13. 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 all applicable State noise statutes and/or regulations. (Department of Public Health & Environment) 14. The operation shall comply with all applicable oil and gas operations regulated by the Colorado Oil and Gas Conservation Commission. (Department of Public Health & Environment) 15. In accordance with Colorado Oil and Gas Conservation Commission Rule 604, a spillage retention berm shall be constructed around the aboveground storage tanks. The volume retained by the spillage berm should be greater than the volume of the largest tank inside the berm and sufficient • freeboard to contain precipitation. Alternative protective measures may be allowed provided they comply with the Colorado Oil and Gas Conservation Commission regulations. (Department of Public Health & Environment) RESOLUTION USR12-0057 STEVEN WELLS / WELLS RANCH PAGE 7 • 16. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does not occur. (Department of Public Health & Environment) 17. Any petroleum contaminated soils on the facility shall be removed, treated or disposed of in accordance with all applicable rules and regulations. (Department of Public Health & Environment) 18. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. Portable toilets and Bottled water are allowed when 2 or less full time (40 hour week) employees are located on site. (Department of Public Health & Environment) 19. All potentially hazardous chemicals must be stored and 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) 20. 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) 21 . 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) 22. Provide letter of notification from the Galeton Fire Protection District prior to any new construction. • (Department of Building Inspection) 23. 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) 24. 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) 25. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 26. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 27. 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) 28. 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) 29. Off-street parking spaces including the access drive shall be surfaced with gravel, asphalt, recycled asphalt base, concrete or the equivalent and shall be graded to prevent drainage problems. (Department of Public Works) 4111 30. 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 USR12-0057 STEVEN WELLS / WELLS RANCH PAGE 8 • 31 . The historical flow patterns and runoff 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) 32. The applicant must take into consideration storm water capture/quantity and provide accordingly for best management practices. (Department of Public Works) 33. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 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. 35. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 36. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of • services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. 0 RESOLUTION USR12-0057 STEVEN WELLS / WELLS RANCH PAGE 9 • 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 101 ) O11 Commissioner Lawley inquired if a haul route was designated. Mr. Carroll said that it was not as the traffic • enters onto the State Highway. Lynette Kilpatrick,y20487 CR 33, said that she would like the Planning Commission to consider the construction phase of the facility. She said that they lived close enough to the Platteville site that when it was being constructed there was a large volume of traffic. Now that the plant is operating the traffic has subsided and just wanted to have them think about that. Ms. Cozad clarified that the traffic on County Road 69 right now is not from pipeline construction and added that she believes that it may be from the construction of wells. She added that they are willing to work with the neighbors out there and keep the construction traffic on other roads other than County Road 69. Greg Pickerel, Noble Energy, 2115 117th Ave, Greeley, CO said that they were following CDOT regulations with regard to aceleration and deceleration lanes for Highway 14. However, he added that they would be willing to visit with CDOT and let them know of the concern that was raised and see if they would like to open it back up and discuss it. He doesn't know if signs would be allowed in their right-of-way but they are willing to visit with CDOT to minimize these impacts. 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 USR12-0056 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 Mark Lawley, Seconded by Bill Hall. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Bill Hall, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman, Robert Grand. The Chair called a recess at 3:59 pm and called the meeting back to order at 4: 12 pm. Joyce Smock left the • hearing at 4:00 pm. CASE NUMBER: USR12-0057 APPLICANT: STEVEN WELLS / WELLS RANCH 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 FACILITY AND OIL AND GAS STORAGE FACILITY (OIL AND GAS CENTRAL PROCESSING FACILITY ALONG WITH AN OIL STORAGE TANK AND FUTURE WATER RECYCLING) IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION: LOT A AND LOT B OF RECORDED EXEMPTION RE-2676; LOCATED IN PART OF THE NE4 OF SECTION 21 ; NW4 OF SECTION 22; ALL IN T6N, R63W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: SOUTH OF AND ADJACENT TO THE INTERSECTION OF COUNTY ROAD 67 AND COUNTY ROAD 68. Chris Gathman, Planning Services, stated that like our previous case, the pipe storage area and one tank were not included in the legal notice. The application did talk about having a total of two (2) tanks; however the notice says there is an oil storage tank. The other item is that there is some pipe and tank storage shown on the map; however it should be noted that this is a much smaller area than the Briggsdale site. Brad Yatabe noted that he has the same recommendation that it should be continued to include those uses in the legal notice. Ms. Cozad Tetra Tech, 1900 South Sunset Street, Suite 1F, Longmont, CO, stated that the 2 tanks and pipe storage was included in the application material and maps. It is her understanding that there have been no opposition or comments related to this case. • Motion: Hear Case USR12-0057 with the additional tank and pipeline storage, Moved by Robert Grand, Seconded by Bill Hall. EXHIBIT - . dc- • Vote: Motion passed (summary: Yes = 4, No = 2, Abstain = 0). Yes: Bill Hall, Jordan Jemiola, Nick Berryman, Robert Grand. No: Jason Maxey, Mark Lawley. Absent: Joyce Smock. Chris Gathman, Planning Services, presented Case USR12-0057, 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. Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site dust control, and the Waste Handling Plan. Ms. Evett recommended amending Development Standard #12 by deleting the 2nd sentence. Motion: Amend Development Standard 12 to read "Fugitive dust and fugitive particulate emissions shall be controlled on this site", Moved by Robert Grand, Seconded by Bill Hall. Motion passed unanimously. Heidi Hansen, Public Works, reported on the existing traffic, access and drainage conditions and requirements of the site. Julie Cozad, Tetra Tech, 1900 South Sunset Street, Suite 1 F, Longmont, Colorado. This is also a joint venture project with Nobel Energy and Wattenberg Holding, LLC. Ms. Cozad said that there are several irrigated farms to the west of the site along with the numerous oil and gas activity on the Wells Ranch. She added that this will also help reduce truck traffic in the area as well. 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 amended Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Motion: Forward Case USR12-0057 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 Nick Berryman. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Bill Hall, Jason Maxey, Jordan Jemiola, Mark Lawley, Nick Berryman, Robert Grand. Absent: Joyce Smock. CASE NUMBER: USR12-0042 APPLICANT: O & M HARMS LLC PLANNER: TOM PARK() REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR AN OIL AND GAS SUPPORT AND SERVICE (WATER DEPOT) IN THE A (AGRICULTURAL) ZONE DISTRICT LEGAL DESCRIPTION: LOT A OF RECX11 -0054; PART SE4 SECTION 33, T12N, R58W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: NORTH OF AND ADJACENT TO CR 134 AND 0.5 MILES EAST OF CR 125. Tom Parko, Planning Services, presented Case USR12-0042, reading the recommendation and comments into the record. The Department of Planning Services recommends approval of this application with pp pp the attachedconditions avmnds. Heidi Hansen, Public Works, reported on the existing traffic, access and drainage conditions and requirements of the site. Lauren Light, Environmental Health, reviewedelop the public waterard and sanitary sewer requirements, on-site dust controlattach , and conthe Waste Handling approval Plan. ndde She indicatedent sta that the applicants do not wish to provide any kind of • restroom facility. 7 Hello