HomeMy WebLinkAbout20123393.tiff EXHIBIT
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BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
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• RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSION -
Moved by Mark Lawley, 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: USR12-0056
APPLICANT: LEONARD & TAMMIE BALL, CIO NOBLE ENERGY
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FORA MINERAL RESOURCE DEVELOPMENT FACILITY - AN OIL AND
GAS SUPPORT AND SERVICE FACILITY (CRUDE OIL TRUCK UNLOADING AND
OIL POLISHING FACILITY, COMPRESSOR FACILITY, CENTRAL PROCESSING
FACILITY AND FUTURE WATER RECYCLING FACILITY) IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: E2 SECTION 25, T8N, R63W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO STATE HWY 14 AND 1 .5 MILES EAST OF CR 69.
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 proposed oil and gas support facility is located in a rural area. The nearest residence is
located approximately % mile to the west of the site and the next nearest residence is located
approximately 1 .25 miles to the east of the site. The Townsite of Briggsdale is located
approximately 2 miles east 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 Mineral resource
development facility - an Oil and Gas Support and Service Facilities including 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 and 1 .25 miles to the east of the site. One e-mail has been
received from a surrounding property owner expressing concerns with traffic from the facility
RESOLUTION USR12-0056
LEONARD & TAMMIE BALL, 0/O NOBLE ENERGY
PAGE 2
III
utilizing County Road 69. The facility is proposing to access directly onto State Highway 14,
County Road 69 is located approximately 1 .5 miles west of the site. Attached Development
Standards and Conditions of Approval (Noise limits, the requirement that the applicant submit
a Lighting Plan . . . ) will address and mitigate impacts on the 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 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. The site is not located within a recognized overlay district — including the
Geologic Hazard Overlay District, floodplain and Airport Overlay District.
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 "Prime If Irrigated" and "Other" according to the according to
the Important Farmlands Map of Weld and Larimer Counties. The parcel is not in agricultural
III 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 . Prior to Recording the Plat:
A. The plat shall be amended to delineate the following:
1 . All sheets of the plat shall be labeled USR12-0056. (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. Access to the site will be from State Highway 14; the application has been submitted
and approved by CDOT (permit #412073). Please show and label on the Site Plan,
the proposed access width and the turning radiuses into the site, 45'-60' radiuses
RESOLUTION USR12-0056
LEONARD & TAMMIE BALL, O/O NOBLE ENERGY
PAGE 3
•
required to accommodate trucks, and all CDOT improvements needed. (Department
of Public Works)
6. Weld County also has 30 feet of unmaintained County right-of-way (30 feet in Sec
25, T8N, R63W, no right-of-way in Sec 30, T8N, R62W) along CR 73 section line
alignment.) Verify, show and label all existing right-of-way on the Plat. (Department
of Public Works)
7. The approved Lighting Plan. (Department of Planning Services)
8. The approved Sign Plan. (Department of Planning Services)
9. A total of 100-feet from the centerline of State Highway 14 shall be indicated as
"edge of future Highway 14 right-of-way". (Colorado Department of Transportation)
B. The applicant shall address the requirements of the Weld County Department of Public Works
as stated in their referral dated September 7, 2012. The applicant shall address the following
requirements:
1 . Please provide 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. Comments from the review of the submitted
drainage report must be addressed in the resubmitted drainage report and on the
construction drawings. The comments have been summarized and have been returned
to the applicant's engineer under separate cover.
1111 2. The applicant shall enter into an Improvements Agreement and post collateral for all on-
site and off-site improvements. The improvements agreement and collateral shall be
accepted by the Board of County Commissioners prior to recording the plat. (Department
of Public Works)
C. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and
Emissions Permit application from the Air Pollution Control Division (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)
D. A signed copy of the Spill Prevention, Control and Countermeasure Plan shall be provided to
Environmental Health Services Division of the Weld County Department of Public Health &
Environment. (Department of Public Health & Environment)
E. The applicant shall address the requirements of the Colorado Division of Resources as stated
in their referral dated August 15, 2012. The applicant shall submit an approved well permit for
the proposed operation. (Department of Public Health & Environment)
F. 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)
G. The applicant shall submit an updated dust abatement plan, for approval, to WCDPHE. The
• plan shall include at a minimum, the following:
RESOLUTION USR12-0056
LEONARD & TAMMIE BALL, C/O NOBLE ENERGY
PAGE 4
•
Specify all areas that will consist of asphalt. Stipulate interior roads will be gravel or
asphalt. Indicate that water will be added as a dust control measure if necessary.
(Department of Public Health & Environment)
H. The applicant shall submit a Lighting Plan to the Department of Planning Services for review
and approval. (Department of Planning Services)
I . 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)
J. 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
IIImonth 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(c�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 by the Department of Planning Services. (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)
RESOLUTION USR12-0056
LEONARD & TAMMIE BALL, CIO NOBLE ENERGY
PAGE 5
•
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)
F. A detailed design and operations plan for the truck thaw building shall be submitted to WCDPHE
for review and approval. The design shall demonstrate how all spilled waste, stormwater and
wash down water will be contained. The design shall also include the method to prevent leakage.
A leak detection system shall be designed and installed beneath the washout bay. The truck
washout shall be constructed and operated in accordance with the approved design. (Department
of Public Health & Environment)
7. Prior to the Issuance of Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed facility and shall be installed
according to the Weld County Individual Sewage Disposal Regulations. The septic system is
required to be designed by a Colorado Registered Professional Engineer according to the Weld
County Individual Sewage Disposal Regulations. (Department of Public Health & Environment)
• Motion seconded by Bill Hall.
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
• 45,\jekinci Anabbirt_ Location: 1555 N 17th Ave
Date: 2012.10.22 103110 -06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
. DEVELOPMENT STANDARDS
Noble Energy/Wattenburg LLC
USR12-0056
1 . A Site Specific Development Plan and Use by Special Review Permit for a Mineral resource
development facility - an Oil and Gas Support and Service Facility (Crude oil truck unloading and oil
polishing facility, compressor facility, central processing facility tank & pipeline storage and water
recycling facility) 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 on-site employees shall be limited to five (5) 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. (Department of Planning Services)
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 the Underground and Above Ground Storage Tank Regulations (7 CCR 1101 -14)
a spillage retention berm shall be constructed around the aboveground fuel tanks. The volume
• retained by the spillage berm should be greater than the volume of the largest tank inside the berm.
Alternative protective measures may be allowed provided they comply with the Above Ground
Storage Tank Regulations. (Department of Public Health & Environment)
RESOLUTION USR12-0056
LEONARD & TAMMIE BALL, 0/O NOBLE ENERGY
• PAGE 7
16. The truck thaw building shall be operated in accordance with the approved design and operations
plan. (Department of Public Health & Environment)
17. The facility shall be constructed and operated to ensure that contamination of soil and groundwater
does not occur. (Department of Public Health & Environment)
18. 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)
19. Sewage disposal for the facility shall be by septic system. Any septic system located on the property
must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal
Systems. (Department of Public Health & Environment)
20. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health & Environment)
21 . This application is proposing a well as its source of water. The applicant should be made aware that
while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water
Resources, the quantity of water available for usage may be limited to specific uses, i.e. inside use
only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water
standards as defined by the Colorado Department of Public Health and Environment. We strongly
encourage the applicant to test their drinking water prior to consumption and periodically test it over
time. (Department of Public Health & Environment)
22. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility,
• at all times. (Department of Public Health & Environment)
23. 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)
24. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Public Health & Environment (CDPH&E), Water Quality Control Division. (Department of Public
Health & Environment)
25. 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)
26. 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)
27. Provide letter of notification from the Briggsdale Fire Protection District prior to any new construction.
(Department of Building Inspection)
28. 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)
29. 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)
30. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
RESOLUTION USR12-0056
LEONARD & TAMMIE BALL, CIO NOBLE ENERGY
. PAGE 8
31 . The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
32. 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)
33. 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)
34. 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)
35. 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.
36. 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)
37. The applicant must take into consideration storm water capture/quantity and provide accordingly for
best management practices. (Department of Public Works)
38. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
39. 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.
40. 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.
41 . 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.
•
RESOLUTION USR12-0056
LEONARD & TAMMIE BALL, CIO NOBLE ENERGY
PAGE 9• 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
II 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.
S
C i0/ 101 )` EXHIBIT
the record. The Department of Planning Services recommends approval of this application with - 04.5
• conditions of approval and development standards. Mr. Ogle read a letter provided by Mr. and Mrs. Gildea
into the record for the opposition to the request. A phone call from Mr. McPeek voiced concerns regarding an
increase in traffic.
Heidi Hansen, Public Works, reported on the existing traffic, access and drainage conditions and requirements
of the site.
Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site dust
control, and the Waste Handling Plan.
Stuart Gorton, Gorton Scott Engineering, 810 Half Measures Drive, Longmont, CO, said that the applicant
operates a roust-a-bout and excavation service and they intend to improve what is already there. He
requested that Development Standard 23 be amended to include up to 25 employees since he is already at 9
employees.
Motion: Amend Development Standard 23 to reflect 25 employees as requested, Moved by Robert Grand ,
Seconded by Bill Hall.
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.
Motion: Forward Case USR12-0053 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 Robert Grand, Seconded by Nick Berryman.
• Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bill Hall, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman, Robed Grand.
CASE NUMBER: USR12-0056
APPLICANT: LEONARD & TAMMIE BALL, C/O NOBLE ENERGY
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY - AN OIL AND
GAS SUPPORT AND SERVICE FACILITY (CRUDE OIL TRUCK UNLOADING AND
OIL POLISHING FACILITY, COMPRESSOR FACILITY, CENTRAL PROCESSING
FACILITY AND FUTURE WATER RECYCLING FACILITY) IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: E2 SECTION 25, T8N, R63W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO STATE HWY 14 AND 1 .5 MILES EAST OF CR 69.
Chris Gathman, Planning Services, said that the oil and pipe storage area was not included in the legal notice.
After speaking to the County Attorney's office it is their position that this case should be renoticed. Brad
Yatabe, County Attorney, said that they are of the opinion that the notice is insufficient for this case. He said
that the decision to continue is determined by the Planning Commission.
Mr. Jemiola noted that he serves on the Milliken Town Board of Trustees with Julie Cozad but believes that he
can make a fair and impartial judgment on this case.
In response to Commissioner Maxey's inquiry, Mr. Yatabe outlined the following options: 1 ) the PC can hear
only the noticed portion of the case, 2) continue the case, or 3) hear the case including the additional item as
presented by the applicant.
Julie Cozad, Tetra Tech, 1900 South Sunset Street, Suite 1F, Longmont, CO, said that they feel that this
• project was adequately noticed. In the notice the request was for an oil and gas support facility with many
aspects of the site included in parenthesis. The pipe storage area was part of the application in the very
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beginning and included in the map. She added that the pipe storage area is an accessory use to the overall
• use. Ms. Cozad said that they feel it is an undue burden to either continue the case or remove it from the
application and come back with an amendment to the application.
Commissioner Lawley recommended that this case be continued as advised by the County Attorney.
Commissioner Grand said that given the number of acres of the site and that there are no adjacent owners we
should move forward with this case. Commissioner Hall concurred with Mr. Grand.
Commissioner Maxey noted that although it may not be an adjacent owner, there was a letter of opposition.
Ms. Cozad noted that everyone was adequately noticed of the case and added that they provide a general
description because there is a risk of leaving one little thing out.
Motion: Moved to hear the case with the additional tank and pipeline storage area, Moved by Robert Grand ,
Seconded by Bill Hall.
Vote: Motion passed (summary: Yes = 5, No = 2, Abstain = 0).
Yes: Bill Hall, Jordan Jemiola, Joyce Smock, Nick Berryman, Robert Grand.
No: Jason Maxey, Mark Lawley.
Chris Gathman, Planning Services, presented Case USR12-0056, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards.
Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and requirements of
the site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site dust
1111 control, and the Waste Handling Plan.
Julie Cozad, Tetra Tech, 1900 South Sunset Street, Suite 1 F, Longmont, CO, stated that this is a joint venture
project with Noble Energy and Wattenberg Holding LLC. The pipeline that was approved two (2) weeks ago
connects the Briggsdale facility to the Rose Rock Truck Unloading Facility. The surrounding properties are
native grassland and very few homes are located in the area. There are a lot of oil and gas facilities in the
area as well. Noble Energy will operate the oil polishing facility and the remaining site (the north quarter of the
site) is the Wattenberg site which will be the truck unloading facility. The access will be a shared entrance to
both the Noble Energy and Wattenberg facilities.
Commissioner Grand expressed concern to the entrance with regard to traffic safety. Ms. Cozad said that this
facility will significantly decrease the truck traffic throughout Weld County.
Ms. Cozad said that no comments were received from property owners within 500 feet; however there was a
letter submitted by Mr. Sullivan. She added that they met with Mr. Sullivan and he expressed that there are 16
residents who live on County Road 69, which is 7 miles from the facility. He requested that during the
construction of the facility that the traffic avoids County Road 69. Ms. Cozad said that they will include that in
their bid documents.
Commissioner Lawley encouraged the applicant to visit with CDOT to minimize the impacts to Highway 14 and
suggested adding signs cautioning the public that trucks will be entering the highway.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Jim Sullivan, 38125 CR 69, stated that he is concerned with the potential traffic problems with the construction
and operation of this facility. In approximately March of 2012, the oil exploration and drilling began on the Ball
Ranch and added that all of the traffic came down County Road 69. He is concerned with public safety with all
of the added traffic when entering onto County Road 69. He has asked the Ball Ranch, Wells Ranch and High
• Plains Trucking to use County Road 71 but they are still using County Road 69.
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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, 20487 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 117'x' 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 1 F, 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.
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