HomeMy WebLinkAbout20120429.tiff • 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: USR11-0026
APPLICANT: LUPE CARPIO, C/O NOBLE ENERGY, INC.
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT
FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY (WATER SUPPLY &
STORAGE) IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE-5113 BEING PART W2NW4 AND PART OF THE E2NW4
SECTION 26,T6N, R64W of the 6th P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO COUNTY ROAD 66 SECTION LINE, EAST OF
AND ADJACENT TO COUNTY ROAD 57.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the
Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-
220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 --The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect.
• Section 22-2-20.C. A.Policy 3.3. states: "Land use regulations should consider the traditional
and future operational viability of water-delivery infrastructure when applications for proposed
land use changes are considered." The proposed facility will utilize public water from North
Weld County Water district 1.5 inch water tap that will be upsized to a four(4) inch tap. The
holding pond will be approximately four acres in size and will hold an estimated thirty (30) acre
feet of water.
Section 22-2-20.G. A.Goal 7. states "County land use regulations should protect the individual
property owner's right to request a land use change."
Section 22-2-20.G. 1. A.Policy 7.1. states "County land use regulations should support
commercial and industrial uses that are directly related to, or dependent upon, agriculture, to
locate within the agricultural areas,when the impact to surrounding properties is minimal, or can
be mitigated, and where adequate services are currently available or reasonably obtainable.The
proposed groundwater loadout facility will support oil and gas companies in the Denver-Julesburg
Basin by supplying water for their oil and gas drilling operations.
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." The
proposed facility is located approximately one (1) mile east of the Town site of Gill and is
bordered by County Road 66 and County Road 57 to the south and east respectively. The facility
will be located on an 85-acre parcel. Treated water will be released into a holding pond that will
be pumped to the fill station /load out facility located on site.
Section 22-2-80 D. I.Goal 4. of the Weld County Code states: "All new industrial development
should pay its own way." Noble Energy, Inc., and their successors will be paying for all on-site
• and offsite improvements associated with this use as required through the improvements
agreement.
EXHIBIT
11_2_ 2012-0429
45.2
n1
RESOLUTION USR11-0026
•LUPE CARPIO, C/O NOBLE ENERGY, INC.
PAGE 2
Section 22-4-30.A. WA.Goal.1 states"Support the development of water that is put to beneficial
use, along with associated infrastructure." The proposed fill station/load out facility will provide a
valuable and indispensable service to oil and gas companies. The centralized location for load
out minimizes the removal of agricultural land from production.
Section 22-6-20.C.1. ECON.Policy 3.1. County activities and regulation should protect the rights
of private property owners and the public health, safety and welfare, recognizing that these basic
rights and protections allow the free market to prosper and grow the local economy.
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 facility is located in a rural agricultural area on parcel containing no
improvements. Adjacent properties are utilized for crop production, primarily corn and for
confined feeding operations, including a Dairy. Oil and gas facilities are existing encumbrances
on this parcel and adjacent properties. There are a few residences in the immediate area.
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 not located within the 3-mile referral for a municipality.
E. Section 23-2-220.A.5 --The application complies with Section 23-5 of the Weld County Code.
The existing site is not within a recognized overlay district, including the Geologic Hazard, Flood
Hazard or Airport Overlay District. 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 proposed facility is located
on soils designated as "Prime" and Irrigated Land (Not Prime) per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map. The entire site has historically been in crop
production. The applicant has indicated that the approximate six (6) acre site will be removed
from agricultural production, with the remaining lands leased as agricultural production fields.
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.
RESOLUTION USR11-0026
LUPE CARPIO, C/O NOBLE ENERGY, INC.
• PAGE 3
SUMMARY OF USE: The load out facility proposed for Noble Energy, Inc.will be an open thirty(30)acre foot
lined pond with a six island fill station that will allow the facility to develop and store water in an efficient
manner. The fill station facility, including temporary water storage will occur in an area adjacent to County
Roads 66 and 57. In general, the water contractor comes to the site in his tanker truck entering the facility
with a keycard that allows access through the entry gate. The truck will pull forward to the filling station island
and the contractor will utilize a second keypad to activate the water depot and thereby allowing the driver to fill
their tanker truck. Each island is to be equipped with a 4"quick connect(this is the standard connection).The
tankers fill connection is located near the bottom of the tank(approximately chest level).The connection and
on-board pump creates a vacuum that allows the truck to fill in approximately 12 minutes. The trucks that will
be pumping from the pond are each equipped with their own on-board pump that will be used to draw water
from the pond and fill the tankers. The coupling at each island that the tankers hook to is a quick connect hose
that is connected to a piping system to pull water from the bottom of the pond. Each pipe is to be equipped
with a flow meter to monitor the amount of water taken and check valve to prevent back flow. The trucks are
each equipped with automatic shut off system when they have reached capacity. In the case of the back-up
pump, the operator will manually shut the pump down when the truck has reached capacity. After filling
operations are finished, the water contractor pulls forward to the exit gate and departs with the gate
automatically closing behind the vehicle. The facility is proposed to operate 24 hours—7 days a week and will
be utilized by Noble Energy and their contractors only.
The facility will operate on a daily basis with 25 roundtrip (50 one way) haul trucks accessing the site. The
applicant would like to be able to increase the traffic up to 400 roundtrip (800 one way) haul trucks. Some
roadway and intersection safety improvements will be installed prior to operation with additional upgrades
and maintenance required as the traffic increases.
The Planning Commission recommendation for approval is conditional upon the following:
• 1. Prior to scheduling a Public Hearing:
A. The applicant shall provide a Traffic Study signed and stamped by a Professional Engineer
licensed to practice in the State of Colorado following the checklist available on the Public
Works website. This document shall be submitted to the Colorado Department of
Transportation and the Department of Public Works for review and comment. Additional
conditions of approval may be required. (Department of Public Works, CDOT)
2. Prior to recording the plat:
A. The plat shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of
Planning Services)
B. All sheets of the plat shall be labeled USR11-0026. (Department of Planning Services)
C. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
2) County Road 57 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)
• 3) County Road 66 is a Section Line road, with 60 feet of right-of-way, thirty (30) feet
either side of section line. 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. (Department of Public Works)
RESOLUTION USR11-0026
LUPE CARPIO, C/O NOBLE ENERGY, INC.
• PAGE 4
4) The facility has proposed two accesses for the site, an entrance and an exit.
Appropriate signage is required for these accesses. Large radiuses (65 feet) are
required at the access points to allow for large trucks turning into the site. Please
show the approved accesses on the Plat and label them with the Access Permit
number(will be provided). (Department of Public Works)
5) Show and label the truck staging area and address questions as to how many trucks
may be staged to fill at any one time. (Department of Public Works)
6) A vehicle tracking pad will be required for this site to prevent tracking of mud and
debris onto the County roadway. The Public Works standard tracking pad detail
consists of 100 feet of pavement and a double cattle guard at the exit of the site or
300 feet of pavement. The preferred option shall be delineated. (Department of
Public Works)
7) There are 6 filling stations and an expected 17 trucks/hour filling at the site. Please
show and label enough staging areas for trucks waiting to be filled. No staging can
take place on the County roadway. (Department of Public Works)
8) Identify the location of the office and MCC building. (Department of Planning
Services)
9) The approved Lighting Plan. (Department of Planning Services)
D. The applicant shall address the requirements(concerns)of the Weld County Department of
Public Works, as stated in their referral response dated December 13, 2011 and January 9,
• 2012. This includes off-site improvements, on-site improvements, transportation related
items, haul route signs and routes as approved by Public Works. (Department of Public
Works)
E. An Improvements and Road Maintenance Agreement including paving of the haul route is
required. Any haul route improvements along with possible improvements required at State
Highway 392 will be determined after the traffic study has been received and reviewed.
(Departments of Public Works)
F. The applicant shall obtain a stormwater discharge permit from the Water Quality Control
Division of the Colorado Department of Public Health and Environment. (Departments of
Public Works)
G. 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
and Environment)
H. The applicant shall submit a waste handling plan, for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health&Environment. The plan
shall include at a minimum the waste handler and facility where trash and garbage will be
disposed (including the facility name, address, and phone number). (Department of Public
Health and Environment)
The applicant shall either submit a copy of an agreement with the property's mineral
owner/operators stipulating that the oil and gas activities have been adequately incorporated
into the design of the site or show evidence that an adequate attempt has been made to
•
mitigate the concerns of the mineral owner/operators. Drill envelopes can be delineated on
the plat in accordance with the State requirements as an attempt to mitigate concerns. The
plat shall be amended to include any possible future drilling sites. (Department of Planning
Services)
RESOLUTION USR11-0026
LUPE CARPIO, C/O NOBLE ENERGY, INC.
• PAGE 5
3. 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)
4. Upon completion of 1. 2., and 3. 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 sixty (60)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)
5. 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(&co.weld.co.us. (Department of Planning Services)
6. Prior to the Release of Building Permits:
A. A building permit application must be completed and two complete sets of plans including
engineered foundation plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. A geotechnical engineering report performed by a
registered State of Colorado engineer shall be required. (Department of Building Inspection)
B. Buildings 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)
C. 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)
D. Building permits are required for buildings, structures and change of use for buildings which
required permits before the beginning of construction or the proposed change of use.
(Department of Building Inspection)
E. A building permit will be required for any new construction, alteration, or addition to any
building on the property. It is recommended that a code analysis be done on the project by a
design professional with experience in this area. (Department of Building Inspection)
F. A plan review shall be approved and a permit must be issued prior to the start of
construction. (Department of Building Inspection)
G. A letter is required from the Platte Valley Fire Protection District as to whether a fire permit
will be required. (Department of Building Inspection)
•
RESOLUTION USR11-0026
LUPE CARPIO, CIO NOBLE ENERGY, INC.
• PAGE 6
7. One month prior to the start of construction:
A. The applicant shall submit a grading permit showing: proposed grading, erosion control
placement, typical details for all BMPs to be utilized, and a Construction Stormwater permit
from the Colorado Department of Public Health and Environment. The permit must be
stamped by a registered professional engineer licensed in the State of Colorado. Please
note that the grading permit will not be released until the applicant has signed the
improvements agreement, posted collateral, and submitted the USR plat for recording.
Evidence of Department of Public Works approval shall be submitted in writing to the Weld
County Department of Planning Services. (Department of Public Works)
Motion seconded by Bill Hall.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
• Joyce Smock
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 February 7, 2012.
Dated the 7'"of February, 2012.
`61)0.41{rlPJ i( eNYI
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• Noble Energy Inc.
USR11-0026
1. A Site Specific Development Plan and a Special Review Permit for Oil and Gas Support and Service
Facility(Water Supply&Storage)in the A(Agricultural)Zone District 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. Hauling hours (truck trips to and from the facility) shall be limited 24-hours seven-days/ week.
(Department of Planning Services)
4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
5. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S.,as amended. (Department of Public Health and Environment)
6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris,and other potential nuisance conditions. (Department of
Public Health and Environment)
7. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
• (Department of Public Health and Environment)
8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved"dust abatement plan", at all times. (Department of Public
Health and Environment)
9. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
10. Adequate drinking, hand washing and toilet facilities shall be provided for employees and contractors
of the facility, at all times. (Department of Public Health and Environment)
11. 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 and Environment)
12. A permanent, adequate water supply shall be provided for drinking and sanitary purposes (North
Weld County Water District). (Department of Public Health and Environment)
13. Adequate toilet facilities (portable toilets) and hand washing units shall be provided during the
construction of the facility. (Department of Public Health and Environment)
14. Bottled water shall be utilized for drinking during construction of the project. (Department of Public
Health and Environment)
15. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
• 16. There shall be no parking or staging of vehicles on County roads. (Department of Public Works)
RESOLUTION USR11-0026
LUPE CARPIO, C/O NOBLE ENERGY, INC.
PAGE 8
• 17. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the
property or become established as a result of the proposed development, the applicant/landowner
shall be responsible for controlling the noxious weeds. All vegetation,other than grasses, needs to be
maintained at a maximum height of 12 inches until the area is completely developed. (Department of
Public Works)
18. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases,diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
19. An annual road inspection will be performed in the spring to establish the condition of the haul route
and surrounding roadways to determine if any road damage was caused by the operation of the
loading facility. (Department of Public Works, Colorado Department of Transportation)
20. The applicant will be responsible excavate, repair, or patch any damage on the roadways to mitigate
for heavy truck traffic volumes created by the loading facility. The type and method of repair will be
determined by the Department Public Works. (Department of Public Works,Colorado Department of
Transportation)
21. If road damage is beyond repair, the applicant will pay their proportional share for the reconstruction
to restore the road. (Department of Public Works, Colorado Department of Transportation)
22. The landscaping/screening on site shall be maintained in accordance with the approved
Landscape/screening Plan. (Department of Planning Services)
23. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
• where such would cause a nuisance or interfere with the use on the adjacent properties; and Neither
direct nor reflected light from any light source may create a traffic hazard to operators of motor
vehicles on public or private streets and no colored lights may be used which may be confused with or
construed as traffic control devices. (Department of Planning Services)
24. 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)
25. 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)
26. A building permit application must be completed and two complete sets of plans including engineered
foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted for review.A geotechnical engineering report performed by a registered State of Colorado
engineer shall be required. (Department of Building Inspection)
27. Buildings 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)
•
RESOLUTION USR11-0026
LUPE CARPIO, C/O NOBLE ENERGY, INC.
PAGE 9
• 28. 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)
29. Building permits are required for buildings, structures and change of use for buildings which required
permits before the beginning of construction or the proposed change of use. (Department of Building
Inspection)
30. A building permit will be required for any new construction,alteration,or addition to any building on the
property. It is recommended that a code analysis be done on the project by a design professional
with experience in this area. (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. A letter is required from the Platte Valley Fire Protection District as to whether a fire permit will be
required. (Department of Building Inspection)
33. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk
and Recorder. (Department of Planning Services)
34. 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)
35. 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)
36. 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)
37. 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)
38. 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)
•
- ) 7- Zvia
SUMMARY OF THE WELD COUNTY SPECIAL PLANNING COMMISSION MEETING
• Tuesday, January 17, 2012
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. The meeting was called to order by Chair, Tom
Holton, at 1:30 p.m.
ROLL CALL ABSENT O�
Tom Holton in 3
rn
Mark Lawley
Nick Berryman in h tit coo
Robert Grand
Bill Hall m cri
Benjamin Hansford 0 - (.<
Alexander Zauder
cn
Jason Maxey ,�
Joyce Smock
Also Present: Chris Gathman, Tom Parko and Kim Ogle, Department of Planning Services; Don Carroll and
Heidi Hansen, Department of Public Works; Lauren Light and Mary Evett, Department of Health; Brad Yatabe,
County Attorney, and Kris Ranslem, Secretary,
Robert Grand moved to approve the January 3, 2012 Weld County Planning Commission minutes, seconded
by Jason Maxey. Motion carried.
The Chair announced that they were going to introduce case USR11-0026 first. He read the case into record.
• CASE NUMBER: USR11-0026
APPLICANT: LUPE CARPIO, C/O NOBLE ENERGY, INC.
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY(WATER
SUPPLY& STORAGE) IN THE A (AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE-5113 BEING PART W2NW4 AND PART OF THE
E2NW4 SECTION 26, T6N, R64W of the 6th P.M., WELD COUNTY,
COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO COUNTY ROAD 66 SECTION LINE, EAST OF
AND ADJACENT TO COUNTY ROAD 57.
Kim Ogle, Planning Services, stated that the Department of Planning Services on behalf of the Department of
Public Works and Colorado Department of Transportation (CDOT)are requesting a continuance of this case.
Public Works and CDOT have determined there is insufficient documentation on the potential traffic generated
by this facility. Representatives for the applicant have submitted a draft traffic study and later resubmitted an
updated traffic study providing the additional information. The Department of Public Works has deemed both
submittals insufficient to adequately address the traffic needs for this application;therefore staff is requesting
a continuance until February 7, 2012.
Vince Harris, Baseline Corporation, introduced Curt Moore, Noble Energy. He requested that this case be
heard today to give them the opportunity to make the presentation and step through the issues with the
Planning Commission and to learn their perspective on some of these items. He added that they have brought
their transportation engineer who is available to answer questions.
They understand that through the holidays there have been some delays in submitting and reviewing the
transportation report but there are a number of items that they would really like to get out on the table and
discuss in today's hearing. Mr. Harris noted the February 7, 2012 continuance for Planning Commission and
• added that they are scheduled to appear before the Board of County Commissioners on February 15, 2012.
EXHIBIT
.Ltst 1-007k
He added that they would like to take the opportunity today to enter into a dialogue with staff and learn some
. more perspectives on the transportation issues.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuation of
this case. No one wished to speak.
Benjamin Hansford moved to continue Case USR11-0026 to the February 7, 2012 hearing, seconded by
Robert Grand.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Joyce
Smock, yes; Nick Berryman, yes; Robert Grand, yes; Bill Hall, no; Alexander Zauder, absent; Jason Maxey,
yes; Benjamin Hansford, yes; Mark Lawley,yes with comment;Tom Holton, yes. Motion carried on vote 7-1.
Commissioner Lawley commented that given the fact that staff has not had a chance to review the traffic
issues related to the case he believes it is prudent for this Board to continue this case.
The Chair read the next case into record.
CASE NUMBER: USR11-0017
APPLICANT: LAWRENCE SCOTT
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN AMENDMENT TO USR-671 (FARM EQUIPMENT REPAIR
SHOP)FOR EXPANSION OF OUTDOOR STORAGE OF VEHICLES,MATERIALS
AND PARTS ASSOCIATED WITH THE FARM EQUIPMENT REPAIR SHOP,
ALONG WITH A TOWING SERVICE, AND AN IMPOUND LOT IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A AMENDED REC EXEMPT AMRE-1379; PART SW4 SECTION 1, T1 N,
R67W of the 6th P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO STATE HIGHWAY 52;APPROXIMATELY 1/2 MILE
• EAST OF CR 23.
Chris Gathman, Planning Services, stated that this proposed Amended Use by Special Review Permit is to
expand an existing farm equipment repair shop originally approved under USR-671. USR-671 was approved
by the Board of County Commissioners on May 15, 1985. This use consists of mostly indoor repair of vehicles
with some outdoor repair of larger vehicles and some outdoor storage of vehicles and equipment awaiting
repair, or repaired vehicles awaiting payment of repairs. In addition to this use,the applicant intends to operate
a vehicle towing business (estimated at approximately one tow per week) and a screened impound lot for
storage of wrecked, derelict or abandoned vehicles for the Colorado Highway Patrol (estimated at
approximately two times per month).
This amended USR is to address a pending zoning violation(ZCV10-00121).This violation was initiated due to
the expansion of a Use by Special Review (USR-671) permitted area without the necessary Weld County
Zoning Permits and the presence of non-permitted mobile homes and Noncommercial Junkyard. This case
was presented to the Board of County Commissioners through the Violation Hearing process on February 8,
2011.At that hearing, the Board referred this case to the County Attorney's office, but delayed legal action for
30 days. The applicant submitted this USR application to address the expansion of the boundaries of USR-
671. This complaint was from a private citizen,
There is an existing single family residence and outbuildings located on the parcel immediately to the west of
the USR site and two other single-family residences located approximately 150-300 feet to the northwest of
the site along with a single family residence to the east of the site. Farmland is located to the south and vacant
land and an old gravel mining site are located to the north and east of the USR property.
Fourteen Referrals were sent out and nine referral agencies responded with either no comments or approval
with conditions.
• This site is located within the three-mile referral areas of the City of Fort Lupton and the Town of Frederick.
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cP2 AZ,
REVIEW PERMIT (FORMERLY USR-1664) FOR AN OIL AND GAS
• PRODUCTION FACILITY IN A PUD (PLANNED UNIT DEVELOPMENT) ZONE
DISTRICT WITH E (ESTATE), C-1, C-2 (COMMERCIAL), R-1, R-2, R-3 AND R-
4(RESIDENTIAL)ZONE DISTRICTS.
LEGAL DESCRIPTION: PART SE4 SECTION 25, T3N, R68W OF THE 6th P.M., WELD COUNTY,
COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 13; NORTH OF AND ADJACENT TO CR
28.
Kim Ogle, Planning Services, requested a continuance of this case until March 6, 2012 as both applicant
representatives are not available due to prior commitments.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuation
of this case. No one wished to speak.
Jason Maxey moved that Case USR11-0030, be continued to the March 6, 2012 Planning Commission
hearing, seconded by Benjamin Hansford. Motion carried unanimously.
The Chair read the following case into record.
CASE NUMBER: USR11-0026
APPLICANT: LUPE CARPIO, C/O NOBLE ENERGY, INC.
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY (WATER
SUPPLY&STORAGE) IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE-5113 BEING PART W2NW4 AND PART OF THE
E2NW4 SECTION 26, T6N, R64W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO COUNTY ROAD 66 SECTION LINE, EAST OF
• AND ADJACENT TO COUNTY ROAD 57.
Kim Ogle, Planning Services, stated that this case was continued January 17, 2012 until the Department
of Public Works and the Colorado Department of Transportation (CDOT) completed their review of the
traffic impacts to the existing infrastructure and possible upgrades triggered by Noble Energy's water
depot. After the project was continued, Weld County staff met with the applicant and their consultant to
discuss the heavy truck traffic and potential mitigation requirements. At the time of these meetings, a
formal response on the revised Traffic Study had not been received from CDOT. CDOT provided an e-
mail response after the meetings stating that the applicant has agreed to install left and right deceleration
lanes on State Highway 392. CDOT would need to review construction plans and an access permit will
need to be issued prior to construction.
The property is not located within three miles of a municipality and the Town site of Gill is approximately
0.75 miles to the west from this proposed facility.
The site is located on Lot B of a Recorded Exemption, RE-5113, which consists of 85 acres with no
physical improvements located on site. The proposed facility is located on soils designated as "Prime"
and irrigated land (not prime) per the 1979 soil conservation service important farmlands of Weld County
Map. The entire site has historically been in crop production. The applicant has indicated that the
approximately six (6) acre water depot site will be removed from agricultural production, with the
remaining lands leased for agricultural production.
The facility is located in an agricultural area with adjacent properties utilized for crop production, primarily
corn and for confined feeding operation, including a dairy. Oil and gas facilities are existing
encumbrances on this parcel and adjacent properties.
There are ten (10) property owners within 500 feet of this proposed facility, and there are 9 residences on
• 9 parcels within 1500 feet of the facility with several additional residences located to the north and west.
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Staff has no letters or electronic mails from adjacent property owners or interested parties. Staff did
• receive one telephone call from a property owner to the northwest who was interested in the application
after receiving a notification of pending land use application from Planning Services.
Per the application materials, the proposed load out facility will be an open thirty (30)acre foot lined pond
utilizing North Weld County Water delivered to the site via a pipe. The proposal identifies a six island fill
station that will allow the facility to develop and store water in an efficient manner. The fill station facility,
including temporary water storage will occur in an area adjacent to County Roads 66 and 57.
The facility is proposed to operate 24 hours — 7 days a week and will be utilized by Noble Energy and
their contractors only.
Thirteen referral agencies have reviewed this case and six offered comments, some with specific
conditions. The Department of Planning Services is recommending approval of this application with the
attached conditions of approval and development standards.
Dave Bauer, Public Works, stated that County Road 57 is classified as a local gravel roadway with 115
vehicle trips per day. The applicant had provided an initial traffic estimate of approximately 400 round
trips or 800 trips one way. Due to that high traffic estimate, staff requested additional information. The
applicant has now revised their truck trips to 25 round trips per day. With the potential of increasing the
number of trips to 400, staff has requested and the applicant has agreed to phased road improvements.
Initially, the applicant will upgrade the road with concrete treated base and some new gravel and as
needed with the expansion the road will be paved. CDOT, in their referral, requested that a left decel
lane and a right turn decel lane be required on the intersection including larger radiuses.
Mary Evett, Environmental Health, stated that the site is served by an existing domestic water tap by
North Weld County Water District. The applicant is working with the District to upgrade the existing tap in
order to fill the pond. An "Able to Serve"-letter has been provided. In the application, they stated that
• there is an office building proposed for this site; however it is not anticipated to be constructed with the
initial development. The applicant is proposing to use portable toilets in lieu of providing water and
sewage disposal for drinking and sanitary purposes. However, the Health Department's policy is that
portable toilets are allowed on a temporary basis up to six months. Therefore permanent drinking water
and sewage disposal facilities are required.
Vince Harris, Baseline Corporation, stated that the pond would consume about 4 acres of land. The
treated water is intended to be delivered into the pond and then pumped into the water trucks and taken
off site to fracking operations. He added that this isn't the only water source that would be available to
Noble Energy, Inc.; however it is meant to supplement the other opportunities to gain water for their
operations.
It will be a secured facility and no one will be able to enter without the keypad access.
Mr. Harris said that they are looking at a staged approach to improving County Road 57. They will work
with Staff in developing an agreement that will outline future improvements on County Road 57. At this
time, they have worked with staff to limit the trucks to 25 round trips per day.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if he read through the Development Standards and Conditions of Approval
and if they are in agreement with those. The applicant replied that he is in agreement.
Robert Grand moved that Case USR11-0026, be forwarded to the Board of County Commissioners along
with the Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Bill Hall.
•
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The Chair asked the secretary to poll the members of the Planning Commission for their decision. Joyce
Smock, yes; Nick Berryman, yes; Robert Grand, yes; Bill Hall, yes; Alexander Zauder, yes; Jason Maxey,
yes; Benjamin Hansford, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
Meeting adjourned at 4:10 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
•
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