HomeMy WebLinkAbout20123589.tiff EXHIBIT
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BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
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: USR12-0069
APPLICANT: LYSTER FAMILY FARMS, PARTNERSHIP, CIO HIGH SIERRA WATER SERVICES
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED USE BY SPECIAL
REVIEW PERMIT (AMUSR-729) FOR A MINERAL RESOURCE DEVELOPMENT FACILITY
INCLUDING OIL AND GAS SUPPORT (CLASS II OILFIELD WASTE DISPOSAL FACILITY -
SALTWATER INJECTION FACILITY AND ASSOCIATED FACILITIES) IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: SUBX12-0025 BEING PART OF LOT B RE-634 LOCATED IN THE SE4 SECTION 26, T6N,
R65W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 64; APPROXIMATELY 0.5 MILES WEST OF CR 47.
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 22-4-140.A. EP.Goal 1 . states "Encourage the
minimization of mineral resource exploration and production waste and require the safe disposal of it;"
and EP.Policy 1 . 1 . states "Due to the impacts from surface impoundments and increasing public
concern about them, other alternatives for disposal should be considered." The proposal is for a
Class II Brinewater Injection Well and associated facilities.
Section 22-4-140.B. EP.Goal 2. Mineral resource exploration and production waste facilities should be
planned, located, designed and operated to encourage compatibility with surrounding land uses in
terms of items such as general use, scale, height, traffic, dust, noise and visual pollution. This
proposal has been reviewed by the appropriate referral agencies and it has been determined that the
attached Conditions of Approval and Development Standards ensure that there are adequate
provisions for the protection of the health, safety and welfare of the inhabitants of the neighborhood
and county.
Section 22-2-20.B.2 A.Policy 2.2 states: "Allow commercial and industrial uses, which are directly
related to or dependent upon agriculture, to locate within agricultural areas when the impact to
surrounding properties is minimal or mitigated and where adequate services and infrastructure
are currently available or reasonably obtainable. These commercial and industrial uses should be
encouraged to locate in areas that minimize the removal of agricultural land from production."
The site is a 4.00 acre leasehold area permitted through SUBX12-0025. The plat shall be
recorded prior to the case being heard by the Board of County Commissioners.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District. Section 23-3-40.A.2 of the Weld County Code provides for Oil and Gas Support and
Service 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 bordered by agricultural production to the Nortrh East and
. South, with the Greeley-Weld Airport located adjacent to the West. The project location is
improved with surrounding lands utilized for irrigated production agriculture with many oil and gas
facilities in the vicinity. The surrounding properties have the same conditions and there are two
012 —35 `7
• RESOLUTION USR12-0069
LYSTER FAMILY FARMS, PARTNERSHIP, CIO HIGH SIERRA WATER SERVICES
PAGE 2
residences within 500 feet of the facility, the Lyster Family Home and the Lyster Family Farms
rental residence. There are fifteen(15)property owners within 500 feet of this proposed facility.
There are eight(8)residences in the general area of the site. Staff has received one petition,and
one additional letter associated with the petition,three(3)telephone calls,one(1)electronic mail
associated with the petition from adjacent or surrounding property owners or interested persons.
The concerns raised by in the petitioners include:
1. Currently trucks park and idle along County Road 64, to the west of the CR 47
intersection,to complete paperwork etc. This is a noise, congestion and pollution
problem that needs to be rectified. With the increase of trucks being serviced by
the facility, this is going to increase to a detriment of the rural lifestyle.
2. In the past, when there were fewer injection wells in the area, a higher volume of
trucks were serviced by the facility and trucks backed up along CR 64 and waited for
servicing. This too needs to be addressed and a solution needs to be in place to
deal with the traffic impact of expanding the facility.
3. Of paramount impact to landowners, is the change of the facility from designated
operating hours to 24 hour operation. The noise,traffic,dust and changes in quality
of life on a 24 hour basis will greatly impact not only our quality of life, but our
property values. We know the facility exists,we cannot change that, we just want to
• be able to live in peace as well.
4. We support and understand the importance the oil and gas industry plays in our
county. We believe a solution can be reached that allows everyone involved equally
benefit from restrictions that can be in place before approval is granted.
5. Dust control measures need to be taken on all dirt/gravel {directly entering/exiting
and indirectly entering and exiting) roads that will be traveled upon by the trucks.
In addition to the petitioners,multiple residences are located north and south of the intersection of
County Road 47 and County Road 64. Development Standards and Conditions of Approval will
ensure that this use will be compatible with surrounding land uses.
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 located within three miles of the City of Greeley. The City in their referral dated October
17, 2012 indicated that the property is within the Long Range Expected Growth Area and within
the Greeley-Weld County Airport Area of Influence.
E. Section 23-2-220.A.5 --The site does lie within Overlay Districts. The existing site is within a
recognized overlay district, including the Airport Overlay District. The facility is located north of
the Critical Flight Zone and within the Airport Influence area. Any vertical improvements to the site
should be reviewed by,and subject to the approval of the airport and potentially the Federal Aviation
Administration. The Greeley-Weld County Airport in their referral dated October 19,2012 indicated no
conflicts with the proposed permit amendment.
• 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)
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RESOLUTION USR12-0069
LYSTER FAMILY FARMS, PARTNERSHIP,C/O HIGH SIERRA WATER SERVICES
PAGE 3
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 U.S.D.A. Soils Maps of
Prime Farmlands of Weld County dated 1979 indicate that the soils on this property as"Prime".
G. Section 23-2-220.A.7--The Design Standards(Section 23-2-240,Weld County Code),Operation
Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development
Standards ensure that there are adequate provisions for the protection of health, safety, and
welfare of the inhabitants of the neighborhood and County.
This recommendation is based,in part,upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The USR plat shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
B. The plat shall be amended to delineate the following:
• 1) All sheets of the USR plat shall be labeled USR12-0069. (Department of Planning
Services)
2) The attached Development Standards. (Department of Planning Services)
3) The approved Screening Plan,to address the trash dumpster and all outside storage
associated with this facility shall be screened from adjacent properties,including the
public rights-of-way. (Department of Planning Services)
4) County Road 64 is designated on the Weld County Road Classification Plan as a
local gravel road,which requires 60 feet of right-of-way at full build out.The applicant
shall verify the existing right-of-way and the documents creating the right-of-way and
this information shall be noted on the plat. All setbacks shall be measured from the
edge of future right-of-way. If the right-of-way cannot be verified, it shall be
dedicated. This road is maintained by Weld County. (Department of Public Works)
County Road 47 is designated on the Weld County Road Classification Plan as a
major arterial road, which requires 140 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way.An additional 40 feet shall be delineated on the plat
as future County Road 47 right-of-way. All setbacks shall be measured from the
edge of future right-of-way. The applicant shall verify the existing right-of-way and
the documents creating the right-of-way and this information shall be noted on the
plat. If the right-of-way cannot be verified, it shall be dedicated. Improvements to
County Road 47 are included within the Weld County 5-year plan.This may result in
access limitations and haul route modifications during the construction. This road is
maintained by Weld County. (Department of Public Works)
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• RESOLUTION USR12-0069
LYSTER FAMILY FARMS, PARTNERSHIP, C/O HIGH SIERRA WATER SERVICES
PAGE 4
5) The access width (minimum 20 foot width for emergency vehicles)and the turning
radiuses into the site (45 feet — 60 feet radiuses required to accommodate
commercial/truck traffic). (Department of Public Works)
6) Show the approved access on the plat and label it with the approved access permit
number(AP12-00383).
7) Please delineate the drainage facilities described in the Wernsman drainage report
and construction documents. Please provide a metes and bounds description of the
area to be reserved for drainage facilities and label those areas as "No Build/No
Storage Area— Drainage Area". (Department of Public Works)
8) All light standards shall be delineated on the USR Plat. (Department of Planning
Services)
9) All signs shall be delineated on the USR Plat. (Department of Planning Services)
10) The oil and gas setback radiuses for existing wellheads and tank batteries on the site
shall be indicated in accordance with Section 23-3-50.E of the Weld County Code.
(Department of Planning Services)
11) The location of the concrete unloading pad of sufficient area and capacity for truck
• unloading with a liner and leak detection system shall be utilized for truck unloading.
(Department of Public Health and Environment)
C. The applicant shall submit a Lighting Plan to the Department of Planning Services for review
and approval. (Department of Planning Services)
D. The applicant shall submit a Sign Plan to the Department of Planning Services for review and
approval. (Department of Planning Services)
E. The applicant shall file an Air Pollution Emissions Notice(APEN)with the Air Pollution Control
Division,Colorado Department of Public Health and Environment. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Public Health and Environment)
F. A Ground Water Monitoring Plan shall be submitted to the Weld County Health Department of
Public Health and Environment for review and approval.Evidence of such shall be submitted
in writing to the Weld County Department of Planning Services. (Department of Public
Health and Environment)
G. If appropriate,a Storm Water Discharge Permit coverage shall be obtained from the Colorado
Department of Public I lealth and Environment,Wator Quality Control Division for construction
Planning Services. (Department of Public H alth and Environment)
H. The applicant shall provide evidence of compliance with the new unloading pad construction
requirements: A concrete unloading pad of sufficient area and capacity for truck unloading
with a liner and leak detection system shall be utilized for truck unloading. Plans for the
concrete unloading pad, under liner, and leak detection system shall be submitted to and
• approved by the Weld County Department of Public health and Environment. The concrete
unloading pad shall be constructed and operated in accordance with the approved plan.
(Department of Public Health and Environment)
• RESOLUTION USR12-0069
LYSTER FAMILY FARMS, PARTNERSHIP,C/O HIGH SIERRA WATER SERVICES
PAGE 5
The applicant shall submit written evidence of compliance with all of the Department of Public
Health and Environment's stipulations and requirements as stated in their referral dated May
24, 2012 and November 14, 2012. (Department of Planning Services)
J. The applicant shall submit written evidence of compliance with all of the Department of Public
Works requirements,specific to the Traffic Narrative stamped by Matt Delich,for the facility
as stated in their referral dated November 6, 2012. (Department of Planning Services)
K. The applicant shall address the requirements(concerns)of Building Inspection Department,
as stated in the referral response dated November 1, 2012. (Department of Building
Inspection)
L. The applicant shall attempt to address the requirements (concerns) of City of Greeley, as
stated in the referral response dated October 17,2012. Evidence of such shall be submitted
in writing to the Weld County Department of Planning Services. (City of Greeley)
M. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
2. Upon completion of 1.above the applicant shall submit a Mylar plat along with all other documentation
required as Conditions of Approval.The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in
• accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat
and additional requirements shall be submitted within one hundred twenty(120)days from the date of
the Board of County Commissioners resolution. The applicant shall be responsible for paying the
recording fee. (Department of Planning Services)
3. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are.dwg, .dxf,and .dgn(Microstation); acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is.e00.
The preferred format for Images is.tif(Group 4).(Group 6 is not acceptable). This digital file may be
sent to dhuerter(aco.weld.co.us. (Department of Planning Services)
4. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005,should the plat not
be recorded within the required one hundred twenty(120)days from the date the Board of County
Commissioners approval was signed a$50.00 recording continuance charge may be added for each
additional 3 month period. (Department of Planning Services)
5. One month prior to the start of construction:
A. The applicant shall submit evidence of a construction stormwater permit from the Colorado
Department of Public Health and Environment(CDPH&E),Water Quality Control Division,to
cover stormwater discharges from construction sites (5 CCR-1002-61) Alternately, the
applicant can provide evidence from CDPH&E that they are not subject to the CDPS
requirements. (Department of Public Works)
B. A grading permit is required if more than one acre is disturbed. The grading permit
application packet shall include the grading permit application, grading permit fee, erosion
and sediment control map,typical details for the BMPs to be utilized,typical installation and
maintenance notes for each BMP to be utilized, and a copy of the approved construction
• stormwater discharge permit from CDPHE. (Department of Public Works)
6. Prior to the Release of Building Permits:
• RESOLUTION USR12-0069
LYSTER FAMILY FARMS, PARTNERSHIP,C/O HIGH SIERRA WATER SERVICES
PAGE 6
A. A building permit will be required for a Water Disposal Facility and equipment. (Department
of Building Inspection)
B. A building permit application must be completed and two complete sets of engineered plans
including engineered foundation plans bearing the wet stamp of a Colorado registered
architect or engineer must be submitted for review. (Department of Building Inspection)
C. A geotechnical engineering report performed by a registered State of Colorado engineer shall
be required or a open hole inspection. (Department of Building Inspection)
D. Buildings, equipment and structures shall conform to the requirements of the various codes
adopted at the time of permit application.Currently the following has been adopted by Weld
County: 2006 International Building Code; 2006 International Mechanical Code; 2006
International Plumbing Code:2006 International Energy Code; 2006 International Fuel Gas
Code;2011 National Electrical Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of
the Weld County Code. (Department of Building Inspection)
E. A plan review shall be approved and a permit must be issued prior to the start of construction.
(Department of Building Inspection)
F. Building height shall be measured in accordance with the 2006 International Building Code
• for the purpose of determining the maximum building size and height for various uses and
types of construction and to determine compliance with the Bulk Requirements from Chapter
23 of the Weld County Code. Building height shall be measured in accordance with Chapter
23 of the Weld County Code in order to determine compliance with offset and setback
requirements. Offset and setback requirements are measured to the farthest projection from
the building. (Department of Building Inspection)
G. Detailed plans for the concrete secondary containment structure for all storage and
processing tanks shall be submitted. Secondary containment volume shall provide
containment for the entire contents of the largest single tank plus sufficient freeboard to allow
for precipitation. (Department of Public Health and Environment)
H. A Detailed Closure Plan shall be submitted to the Weld County Department of Public Health
and Environment and the Colorado Oil and Gas Conservation Commission. The Closure
Plan shall include a description of the manner in which the well will be plugged and
abandoned,as well as specific details regarding reclamation of the property. No structures or
equipment associated with the facility shall remain on the property following closure.
(Department of Public Health and Environment)
I. The facility shall post financial assurance with the COGCC. The financial assurance shall be
adequate to cover a third-party closure of the facility, including the plugging and
abandonment of the well, in accordance with industry standards, and the removal of all
structures(including concrete)on the facility. The site shall be returned to its original grade.
The facility shall submit evidence to the WCDPHE that the appropriate financial assurance
has been obtained. (Department of Public Health and Environment)
J. 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)
• RESOLUTION USR12-0069
LYSTER FAMILY FARMS, PARTNERSHIP, C/O HIGH SIERRA WATER SERVICES
PAGE 7
K. Plans for the concrete unloading pad, under liner, and leak detection system shall be
submitted to and approved by the Weld County Department of Public Health and
Environment. The concrete unloading pad shall be constructed and operated in accordance
with the approved plan. (Department of Public Health and Environment)
7. Prior to Operation:
A. The applicant shall submit evidence to the Weld County Department of Public Health and
Environment (WCDPHE), Weld County Planning Services and the Colorado Oil and Gas
Conservation Commission (COGCC) that the facility was constructed in accordance with
application materials. (Department of Public Health and Environment)
Motion seconded by Benjamin Hansford.
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 Commissioners for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem,Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on December 4, 2012.
Dated the 4th of December, 2012.
���� __ �t� �� Digitally signed by Kristine Ranslem
y�f+ui< LiYL Date:2012.12.10 16:02:24-07'00'
Kristine Ranslem
Secretary
•
• SITE SPECIFIC DEVELOPMENT PLAN
AMENDED SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
High Sierra Water Services, LLC
USR12-0069
1. The Site Specific Development Plan and Second Amended Special Review Permit[2nd AmUSR-729]
for a Mineral Resource Development Facility, including Oil and Gas Support(Class II Oilfield Waste
Disposal Facility- Saltwater Injection Facility and associated facilities) in the A (Agricultural)Zone
District, as indicated in the application materials on file and subject to the Development Standards
stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The facility shall be constructed and operated to ensure that contamination of soil and groundwater
does not occur. (Department of Public Health and Environment)
4. No disposal of wastes, other than Class II, as defined by the Environmental Protection Agency is
permitted. Any change from the approved Class II would require an amendment to this Use by
Special Review Permit. (Department of Public Health and Environment)
5. Recovered crude/condensate loadout operations shall be conducted in a manner, which prevents
leakage or discharge onto the ground outside the concrete containment area. Spill prevention
measures shall be employed when making connections and during loadout operations. Portable
containment, such as drip pans, shall be utilized when working outside the containment area.
(Department of Public Health and Environment)
• 6. Any required Spill Prevention Control and Countermeasures Plan (SPCC) shall be prepared and
maintained on site per 40 CFR 112. (Department of Public Health and Environment)
7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public
Health and Environment)
8. All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations. (Department of Public Health and Environment)
9. The facility shall comply with Colorado Air Quality Control Commission Regulations and any air
permits issued by the CDPHE Air Pollution Control Division. (Department of Public Health and
Environment)
10. Analytical data on wastes and environmental monitoring data shall be made available to WCDPHE,
who reserves the right to require additional more extensive monitoring. (Department of Public Health
and Environment)
11. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5,C.R.S.)shall be stored,treated,and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Department of Public Health and Environment)
12. The facility shall comply with the approved groundwater monitoring plan. (Department of Public
Health and Environment)
13. All storm water,which has come into contact with waste materials on the site,shall be confined on the
site. (Department of Public Health and Environment)
14. Portable toilets may be utilized and shall be maintained in a sanitary condition. (Department of
•
Public Health and Environment)
• RESOLUTION USR12-0069
LYSTER FAMILY FARMS, PARTNERSHIP,C/O HIGH SIERRA WATER SERVICES
PAGE 9
15. The maximum permissible noise level shall not exceed the light industrial limit of 70 dB(A)measured
in accordance with 25-12-103 C.R.S. (Department of Public Health and Environment).
16. The operation shall comply with all applicable rules and regulations of the Colorado Oil & Gas
Conservation Commission, other State and Federal agencies, and the Weld County Code.
(Department of Public Health and Environment)
17. A minimum of two(2)employees shall be on site during operation hours,as stated in the application
materials. (Department of Planning Services)
18. Weld County shall not be responsible for the maintenance of onsite drainage related facilities.
(Department of Public Works)
19. The property owner will be responsible excavate,repair,or patch any damage to County Road right-
of-way on the haul route to mitigate for heavy truck traffic volumes as stipulated in the Improvements
Agreement in place for AmUSR-729 for road base material and applying magnesium chloride twice a
year or as needed, (2005-2593). (Department of Public Works)
20. The traffic volumes associated with this facility is restricted to 430 90 round trips per day or 260 180
trips per day. (Department of Public Works)
21. The access roads shall be graded and drained to provide an all-weather access. (Department of
Public Works)
• 22. Should 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, Section 15-1-180 of the Weld County Code. (Department of Public
Works)
23. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases,diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
24. The applicant shall comply with all Colorado Department of Health and Environment,Water Quality
Control Division regulations regarding storm water quality permitting and protection and construction
storm water discharges. (Department of Public Works)
25. Any lighting,including light from high temperature processes such as welding or combustion,shall be
designed, located and operated in such as manner as to meet the following standards: sources of
light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties;
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;and no colored lights may be used which may be confused
with or construed as traffic control devices. (Department of Planning Services)
26. Hours of operation are twenty-four(24)hours each day,seven(7)days per week-365 days per year.
(Department of Planning Services)
27. A building permit will be required for a Water Disposal Facility and equipment. (Department of
Building Inspection)
• 28. A building permit application must be completed and two complete sets of engineered plans including
engineered foundation plans bearing the wet stamp of a Colorado registered architect or engineer
must be submitted for review. (Department of Building Inspection)
• RESOLUTION USR12-0069
LYSTER FAMILY FARMS, PARTNERSHIP,C/O HIGH SIERRA WATER SERVICES
PAGE 10
29. A geotechnical engineering report performed by a registered State of Colorado engineer shall be
required or a open hole inspection. (Department of Building Inspection)
30. Buildings,equipment and structures shall conform to the requirements of the various codes adopted
at the time of permit application. Currently the following has been adopted by Weld County: 2006
International Building Code;2006 International Mechanical Code;2006 International Plumbing Code:
2006 International Energy Code;2006 International Fuel Gas Code; 2011 National Electrical Code;
2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of
Building Inspection)
31. A plan review shall be approved and a permit must be issued prior to the start of construction.
(Department of Building Inspection)
32. Effective April 25,2011,Building Permits issued on the proposed lots will be required to adhere to the
fee structure of the Weld County Road Impact Program. (Ordinance 2011-2). (Department of
Planning Services)
33. Effective April 25,2011,Building Permits issued on the proposed lots,will be required to adhere to the
fee structure of the County Facility Fee and Drainage Impact Fee.(Ordinance 2011-2)(Department of
Planning Services)
34. The facility is located north of the Critical Flight Zone and within the Airport Influence area. Any vertical
improvements to the site should be reviewed by,and subject to the approval of the airport and potentially
• the Federal Aviation Administration. (Department of Planning Services)
35. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code. (Department of Planning Services)
36. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code. (Department of Planning Services)
37. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
38. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards as shown or stated shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services. (Department of Planning Services)
39. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning
Services)
40. 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
RESOLUTION USR12-0069
LYSTER FAMILY FARMS, PARTNERSHIP, C/O HIGH SIERRA WATER SERVICES
PAGE 11
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.
•
j }"; I l i uir S EXHIBIT
/ )\//1 1
-.140(7
• CASE NUMBER: USR12-0065
APPLICANT: BRUCE SANDAU, ROBERT SANDAU, & BARTELS FAMILY LLC, C/O A&W
WATER SERVICE, INC
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
FOR A MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING OIL
AND GAS SUPPORT AND SERVICE (WATER HAULING) IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: SW4 SECTION 25, T4N, R66W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 40 AND EAST OF AND ADJACENT TO
CR 35.
Diana Aungst, Planning Services, presented Case, reading the recommendation and comments into the
record. Ms. Aungst stated that one letter was received from a surrounding property owner expressing
concern over noise, safety and truck traffic. The Department of Planning Services recommends approval
of this application with the attached conditions of approval and development standards.
Heidi Hansen, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan and Dust Abatement Plan.
Jeff Wright, A&W Water Service, 1892 Denver Ave, Ft. Lupton, CO stated that this water depot is in
response to Weld County so that they are off the roadways to fill with water. He added that there will be
up to 100 truck trips per day and is willing to change the haul route to accommodate concerns expressed.
In regard to noise they will be loading their trucks near the tanks so that the tanks can mitigate some of
the noise.
• The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Norma Taylor, 1001 Ash Avenue, Gilcrest, Colorado. Ms. Taylor said that she serves on the Gilcrest
Town Board and added that they did not know about this request. She appreciated concerns that Mr.
Grand expressed in regard to traffic on Highway 85. Ms. Taylor said that one mile of Highway 85 goes
through Gilcrest with a minimum speed of 50 mph. She expressed concerns regarding the speed of
traffic on Highway 85 and turning on and off of the highway. Ms. Taylor stated that she has no problems
with A&W Water and has no problems with this type of operation; however she is concerned with traffic.
Mr. Wright said that they are willing to work on the haul routes and find a route that accommodates those
concerns. The 100 truck count is high and they don't believe that they will reach that number so he is
willing to reduce that number.
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 USR12-0065 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Jordan Jemiola, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote(summary: Yes =7)
Yes: Benjamin Hansford, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman,
Robert Grand.
CASE NUMBER: USR12-0069
APPLICANT: LYSTER FAMILY FARMS, PARTNERSHIP, C/O HIGH SIERRA WATER
SERVICES
• PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED USE BY
SPECIAL REVIEW PERMIT (AMUSR-729) FOR A MINERAL RESOURCE
DEVELOPMENT FACILITY INCLUDING OIL AND GAS SUPPORT (CLASS II
OILFIELD WASTE DISPOSAL FACILITY-SALTWATER INJECTION FACILITY
AND ASSOCIATED FACILITIES) IN THE A (AGRICULTURAL) ZONE
• DISTRICT.
LEGAL DESCRIPTION: SUBX12-0025 BEING PART OF LOT B RE-634 LOCATED IN THE SE4
SECTION 26,T6N, R65W OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 64; APPROXIMATELY 0.5 MILES WEST
OF CR 47.
Kim Ogle, Planning Services, presented Case USR12-0069, reading the recommendation and comments
into the record. Mr. Ogle noted that letters and phone calls have been received from surrounding
property owners expressing concerns regarding idling and staging of trucks along County Road 64,
change of hours of operation, and dust control. The Department of Planning Services recommends
approval of this application with the attached conditions of approval and development standards.
Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site. Mr. Carroll asked if the applicant can clarify the number of round trips per day they
are expecting.
Troy Swain, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, noise, and the Waste Handling Plan and Dust Abatement Plan. Mr. Swain recommended
removing Condition of Approval 1.G since it is covered under Conditions of Approval 5.A and 5.B.
Motion: Delete Condition of Approval 1.G, Moved by Nick Berryman, Seconded by Robert Grand.
Motion carried unanimously.
Doug White, Vice President High Sierra Water Services, 8207 W 20`" Street, Greeley, CO. Mr. White
stated that this facility has been in operation since 1984 and they are proposing to expand the facility by
increasing tankage and drilling a new well. He added that approximately 10 trucks can be staged on site.
Currently the trucks are going through the Town of Kersey to another one of their facilities. The Town of
Kersey has expressed concern regarding the amount of truck traffic; therefore they are trying to lower the
• impact by expanding this facility since most of their traffic is north of Kersey.
Commissioner Maxey asked if the applicant would clarify the number of truck trips per day. Mr. White
said that they are proposing a total of 90 round trips per day.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Joyce Wallace, 23101 CR 64, stated that they have had a good relationship with Conquest in the past;
however when High Sierra took over that changed. She hopes that they will do what they can to rebuild
that trust. Ms. Wallace said that the noise from the trucks 24 hours a day, safety of their property with
trucks that park along their property is an issue.
Ms. Wallace said that with the expansion of the facility there is very little property left for staging of the
trucks. In addition, she expressed concern over the dust issue and wants to make sure that High Sierra
will control the dust.
Patty Schwalm stated that she lives north of the site. She expressed concern over the hours of operation,
noise and the amount of truck traffic.
Mr. White said that the design of the site allows the same amount of trucks stacking up on their property.
He added that with the design, the trucks should be off-loading quicker.
Commissioner Grand inquired if it is necessary to have a 24/7 operation. Mr. White said that under the
existing USR permit they currently operate 24 hours a day; however the trucks can only be accepted a
certain period of the day. At some of their other 24/7 facilities, they may get on average up to six (6)
trucks over the night time period.
In addition, Mr.White said that they are willing to put up signs to alert drivers that no staging is allowed on
• the County Roads.
Commissioner Maxey asked if the trucks are idling when they are offloading. Mr. White said that they are
shut down because it is a safety issue.
• 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 USR12-0069 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 Mark Lawley.
Mr. Ogle pointed out that Development Standard 23 needs to be amended to clarify the 90 round trips per
day.
Motion: Amend Development Standard 23 to reflect the 90 round trips per day, Moved by Robert Grand,
Seconded by Benjamin Hansford.
Robed Grand amended his first motion to include the amended development standards and conditions,
Seconded by Mark Lawley.
Vote: Motion carried by unanimous roll call vote(summary: Yes =7)
Yes: Benjamin Hansford, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman,
Robert Grand.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss.
Commissioner Grand requested if CDOT can provide a presentation at a future luncheon on how they
review Use by Special Review applications received from Weld County.
• Meeting adjourned at 4:00 pm.
Respectfully submitted,
/i Qn '� " " " Digitally signed by Kristine Ranslem
`f,�1(LSCIi1Li / )�t�UXVAYt Date:2012.12.10 16:15:48-0700'
Kristine Ranslem
Secretary
•
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