HomeMy WebLinkAbout20123186.tiff EXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION s A
-7) _
• RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSI• -
Moved by Bill Hall, 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: USR12-0038
APPLICANT: WELLS RANCH, LLLP
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 AND SERVICE FACILITY(OIL AND GAS ROUST-A-
BOUT BUSINESS) IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: PART NW4 OF SECTION 32:PART OF THE E2SE4 OF SECTION 30;AND PART
OF SECTION 29; ALL IN T6N R63W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: NORTH AND SOUTH OF CR 64 SECTION LINE; 1 MILE EAST OF CR 61.
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 Department of Planning Services is proposing conditions of approval requiring a lighting
plan and that the west side of the vehicle parking and storage area be screened from the
residence to the west.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the Agricultural (A)
Zone District. Section 23-3-40.A.2 of the Weld County Code allows oil and gas support
facilities as a Use by Special Review in the A(Agricultural)Zone District.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses.
The oil and gas roustabout operation is located approximately 1/4 mile east of the nearest
• residence and approximately 1/2 mile east of an existing dairy facility. There is an existing
feedlot facility on property owned by the applicant immediately to the north and east of the
roustabout operations. Land to the north and east is agricultural land owned by the applicant.
State Land Board land with existing oil and gas wells are located to the south of the site. The
RESOLUTION USR12-0038
WELLS RANCH, LLLP
• PAGE 2
Department of Planning Services is proposing conditions of approval requiring a lighting plan
and that the west side of the vehicle parking and storage area be screened from the
residence to the west.
No phone calls, e-mails or correspondence has been received from surrounding property
owners.However,a complaint was received from a private citizen in regards to this operation
that resulted in a violation and the initiation of this land use permit application.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities.This site is not located within a 3-mile referral area of any municipality nor is it
located within any existing Intergovernmental Agreement Area (IGA)of a municipality.
E. Section 23-2-220.A.5 --The application complies with Article V of the Weld County Code.
This site is not located within a floodplain,geological hazard area or within an 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 site is identified as
"Other"according to the Prime and Important Farmlands Map of Weld County.
G. Section 23-2-220.A.7—There is adequate provisions for the protection of health,safety,and
welfare of the inhabitants of the neighborhood and County. The attached development
standards and conditions of approval will ensure adequate provisions for the protection of
health, safety and welfare of the inhabitants of the neighborhood and the 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 USR12-0038. (Department of Planning
Services)
2. Parking spaces(including ADA)spaces shall be indicated in accordance with Article
VI, Division I, Appendix 23-A and Appendix 23-B of the Weld County Code.
(Department of Planning Services)
3. The attached Development Standards. (Department of Planning Services)
• 4. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
RESOLUTION USR12-0038
WELLS RANCH, LLLP
PAGE 3
• 5. 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)
6. Show and label the 30 feet of unmaintained County Road 64 section line right-of-
way. (Department of Public Works)
7. The plat shall delineate the approved Scrccning Plan. (Department of Planning
Services)
8. The plat shall delineate the approved Lighting Plan. (Department of Planning
Services)
9. Provide revised Water Quality Feature calculations. Show the boundaries of the
depression on the site plan and label it as"Water Quality—No Build or Storage Area"
(Department of Public Works)
B. The applicant shall address the requirements of the Weld County Department of Public
Works, as stated in the referral response dated July 12, 2012:
1. A Nonexclusive License Agreement is required for use of the unmaintained County
Right-of-Way along the CR 64 section line.
2. An Improvements and Road Maintenance agreement is required. Access
• improvements shall include double cattle guards.A haul route will be determined and
maintenance on the haul route will be required. Dust control and damage repair will
be required on the haul route. The County's standard triggers for paving and turn
lanes will also be included.The improvements agreement and collateral(if collateral
is required) shall be accepted by the Board of County Commissioners prior to
recording the plat. (Department of Public Health and Environment)
C. The applicant shall address the requirements of the Weld County Department of Building
Inspection as stated in their referral dated July 5, 2012:
A building permit will be required for any buildings associated with roust-a-bout and
excavation services. A building permit application must be completed and two
complete sets of engineered plans including engineered foundation plans bearing the
wet stamp of a Colorado registered architect or engineer must be submitted for
review. A geotechnical engineering report performed by a registered State of
Colorado engineer shall be required.The structures proposed to have changes uses
will require commercial building permit for change of use.A code analysis,floor plan
a complete set of plans for any alteration and a structural analysis by a professional
engineer will be required. (Department of Building Inspection)
D. The applicant shall revise the dust abatement plan indicating the proposed water source are
other appropriate material for mitigating dust, for submittal to the Environmental Health
Services,Weld County Department of Public Health and Environment.(Department of Public
Health and Environment)
E. In the event washing of vehicles and equipment will occur on site the applicant shall ensure
that any vehicle and equipment washing area(s) shall capture all effluent and prevent
discharges from the washing of vehicles in accordance with the Rules and Regulations of the
• Water Quality Control Commission, and the Environmental Protection Agency. Vehicle
washing areas should be designated on the plat. (Department of Public Health and
Environment)
RESOLUTION USR12-0038
WELLS RANCH, LLLP
PAGE 4
• F. 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)
G. The applicant shall designate the location of the proposed septic system on the plat. No
vehicle access drives,vehicle parking or equipment storage shall be located in the area of the
septic system. The septic system must be protected from vehicle traffic. (Department of
Public Health and Environment)
H. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V
Injection Well permit from the Environmental Protection Agency(EPA)for any large-capacity
septic system (a septic system with the capacity to serve 20 or more persons per day).
Alternately,the applicant can provide evidence from the EPA that they are not subject to the
EPA Class V requirements. (Department of Public Health and Environment)
I. 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 and Environment)
J. 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. In accordance with Section 3-6-1 of the Colorado Department of Labor and
Employment Division of Oil and Public Safety Storage Tank Regulations(7 C.C.R. 1101-14)
as well as EPA regulations (40 CFR Part 112). (Department of Public Health and
Environment)
K. The applicant shall address the requirements of the Colorado Division of Water Resources as
stated in their referral dated June 26,2012.The applicant shall submit written evidence from
the Colorado Division of Water Resources,demonstrating that the well(s)are/is appropriately
permitted for the commercial use. (Colorado Division of Water Resources)
L. In the event the facility's water system serves more 25 persons on a daily basis the water
system shall comply with the Colorado Primary Drinking Water Regulations(5 CCR 1003-1).
Evidence shall be provided to the Weld County Department of Public Health and Environment
that the system complies with the Regulations. (Department of Public Health and
Environment)
M. The applicant shall submit documentation that floor drain wastes from any vehicle
maintenance facility is captured in a watertight vault and hauled off for proper disposal.
(Department of Public Health and Environment)
N. 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 following:
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
•
3) The waste handler and facility where the waste will be disposed(including the facility
name,address,and phone number).(Department of Public Health and Environment)
RESOLUTION USR12-0038
WELLS RANCH, LLLP
PAGE 5
• O. If exterior lighting is proposed, the applicant shall submit to the Department of Planning
Services a Lighting Plan for review and approval. (Department of Planning Services)
P. The applicant shall submit to the Department of Planning Services with a Screening Plan for
review and approval. Work vehicle and equipment parking shall be screened from the
nearest residence to the west. (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 2006-7 approved June 1,2006,should the plat not
be recorded within the required one-hundred twenty(120) days from the date the Board of County
Commissioners resolution a$50.00 recording continuance charge shall added for each additional 3
month period. (Department of Planning Services)
4. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are.dwg, .dxf,and.dgn(Microstation);acceptable
• GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is.tif(Group 4). (Group 6 is not acceptable). This digital file may be
sent to dhuerterco.weld.co.us. (Department of Planning Services)
5. The Special Review activity shall not occur nor shall any building or electrical permits is 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)
6. Prior to Release of Building Permits:
A. 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)
B. Prior to the release of building permit,the applicant shall submit evidence of approval from
the Galeton Fire Protection District to the Weld County Building Department.
Motion seconded by Joyce Smock.
•
RESOLUTION USR12-0038
WELLS RANCH, LLLP
•
PAGE 6
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 16`h of October, 2012.
Digitally signed by Kristine Ranslem
45\ithilt/ Location:1555 N 17th Ave
Date:2012.10.22 10:56:26-06'00'
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
• DEVELOPMENT STANDARDS
Wells Ranch LLP
USR12-0038
1. A Site Specific Development Plan and Use By Special Review Permit for a mineral resource
development facility including an Oil and Gas Support and Service facility (oil and gas roustabout
business)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 six(6)full-time employees as stated in
the application. (Department of Planning Services)
4. The facility operates twenty-four(24)hours a day, seven (7)days a week. (Department of Planning
Services)
5. 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)
6. 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)
7. 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)
8. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
9. The applicant shall comply with all provisions of the State Underground and Above Ground Storage
Tank Regulations. 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 and Environment)
10. 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)
11. This facility shall adhere to the maximum permissible noise levels allowed in the Non-specified Zone
as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
12. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in
accordance with the Rules and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency. (Department of Public Health and Environment)
13. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling and in a manner that minimizes the release of hazardous air pollutants(HAP's)and volatile
organic compounds(VOC's). All chemicals must be stored secure,on an impervious surface,and in
accordance with manufacturer's recommendations. (Department of Public Health and Environment)
• 14. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons
of the facility, at all times. (Department of Public Health and Environment)
RESOLUTION USR12-0038
WELLS RANCH, LLLP
•
PAGE 8
15. 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)
16. In the event the facility's water system serves more 25 persons on a daily basis the water system shall
comply with the Colorado Primary Drinking Water Regulations (5 CCR 1003-1). Evidence shall be
provided to the Weld County Department of Public Health and Environment that the system complies
with the Regulations. (Department of Public Health and Environment)
17. This application is proposing a well(s)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.
domestic 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 and Environment)
18. The Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times.
(Department of Public Health and Environment)
19. Process wastewater(such as floor drain wastes)shall be captured in a watertight vault and hauled off
for proper disposal. Records of installation, maintenance,and proper disposal shall be retained and
available for review upon request. (Department of Public Health and Environment)
20. A building permit will be required for any new construction, alteration, or addition to any building on
the property. (Department of Building Inspection)
• 21. 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)
22. Prior to the release of building permit, the applicant shall submit evidence of approval from the
Galeton Fire Protection District to the Weld County Building Department.
23. 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)
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)
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)
26. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
27. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250,Weld County Code.
28. 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)
RESOLUTION USR12-0038
WELLS RANCH, LLLP
• PAGE 9
29. The Screening on site shall be maintained in accordance with the approved Screening Plan.
30. 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 of the Weld County Code. (Department of Public Works)
31. 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.
32. 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)
33. Weld County is not responsible for the maintenance of onsite drainage related features.(Department
of Public Works)
34. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards as shown or stated shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
• 35. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners.
36. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views,spaciousness,wildlife,lack of city noise and congestion,and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts,including noise from tractors and equipment;slow-moving farm
vehicles on rural roads;dust from animal pens,field work,harvest and gravel roads;odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
•
RESOLUTION USR12-0038
WELLS RANCH, LLLP
• PAGE 10
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved"out of the way"of residential development.
When moving to the County,property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000)square miles in size (twice
the size of the State of Delaware)with more than three thousand seven hundred(3,700)miles of state
and County roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County,and the distances which must be traveled may delay all emergency responses,including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed,will not provide the same kind of surface expected from a paved road. Snow removal
priorities mean that roads from subdivisions to arterials may not be cleared for several days after a
major snowstorm. Services in rural areas,in many cases,will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment,ponds and irrigation ditches,electrical power for pumps and center
pivot operations,high speed traffic,sandburs,puncture vines,territorial farm dogs and livestock,and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
•
•
Pc gill 12 EXHIBIT
6 0)
tAkelet
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, August 7, 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 Secretary, Kristine Ranslem, at 1:35 p.m.
II' Roll Call.
Present: Benjamin Hansford, Bill Hall,Jason Maxey,Jordan Jemiola, Joyce Smock, Nick Berryman,
Robert Grand.
Absent/Excused: Mark Lawley.
Also Present: Kim Ogle,Chris Gathman,and Diana Aungst,Department of Planning Services;Heidi Hansen,
Department of Public Works; Lauren Light and Mary Evett, Department of Health; Bob Choate, County
Attorney, and Kris Ranslem, Secretary.
lir Robert Grand nominated Jason Maxey as Chair for the Planning Commission, seconded by Ben
Hansford. Jason Maxey accepted the position of Chair.
Ben Hansford nominated Robert Grand as Vice Chair for the Planning Commission, seconded by Joyce
Smock. Robert Grand accepted the Vice Chair position.
Dr Motion: Approve the July 3, 2012 Weld County Planning Commission minutes, Moved by Robert
Grand, Seconded by Benjamin Hansford.
IP Motion passed unanimously.
CASE NUMBER: USR12-0038
APPLICANT: WELLS RANCH, LLLP
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 AND SERVICE FACILITY(OIL AND GAS ROUST-A-
BOUT BUSINESS) IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: PART NW4 OF SECTION 32;PART OF THE E2SE4 OF SECTION 30;AND PART
OF SECTION 29; ALL IN T6N R63W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: NORTH AND SOUTH OF CR 64 SECTION LINE; 1 MILE EAST OF CR 61.
Chris Gathman, Planning Services, stated that the applicants are requesting a continuance until the
September 4, 2012 Planning Commission hearing to resolve issues with the county road right-of-way that
could potentially affect the design and layout of the permit.
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.
DIP Motion:Continue Case USR12-0038 to the September 4,2012 Planning Commission hearing,Moved
by Robert Grand, Seconded by Bill Hall.
Vote: Motion carried by unanimous roll call vote (summary: Yes= 7).
Yes: Benjamin Hansford, Bill Hall, Jason Maxey, Jordan Jemiola, Joyce Smock, Nick Berryman, Robert
Grand.
CASE NUMBER: USR12-0028
APPLICANT: VICTOR HANSON LIVING TRUST/JEFF TARDE-WILLIAMS MIDSTREAM
PLANNER: KIM OGLE
1
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Robert Grand, Seconded by Bill Hall.
Vote: Motion carried by unanimous roll call vote (summary: Yes= 7).
Yes: Benjamin Hansford, Bill Hall, Jason Maxey, Jordan Jemiola, Joyce Smock, Nick Berryman, Robert
Grand.
Commissioner Grand commented that it is always good to be a good neighbor and commended Mr. Platt in
being a good neighbor.
Commissioner Maxey echoed Mr. Grand's comments.
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. No one had
any further business to discuss. Commissioner Grand asked what the policy is with regard to recognizing past
Planning Commission members for their service. Ms. Ranslem said that they will be recognized on Monday,
August 13th at the Board of County Commissioners hearing at 9:00 am for their service.
Meeting adjourned at 3:55 pm.
Respectfully submitted,
n '- " '" " Digitally signed by Kristine Ranslem
`1� ►t/,7 1Qa1aen . Location:1555 N 17th Ave
Date:2012.08.1015:48:10-06'00'
Kristine Ranslem
Secretary
111
•
<PC ; // /Z EXHIBIT
g .t CZ,
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Cq Tuesday, September 4, 2012
I C7 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, Jason Maxey, at 1:30 p.m.
Ii Roll Call.
Present: Bill Hall, Bret Elliott, Jason Maxey, Jordan Jemiola, Joyce Smock, Nick Berryman, Robert
Grand.
Absent/Excused: Benjamin Hansford, Mark Lawley.
Also Present: Chris Gathman, Department of Planning Services; Heidi Hansen, Department of Public Works;
Lauren Light, Department of Health; Brad Yatabe, County Attorney, and Kris Ranslem, Secretary.
e Motion: Approve the August 21, 2012 Weld County Planning Commission minutes, Moved by Robert
Grand, Seconded by Nick Berryman.
Motion passed unanimously.
C=1 CASE NUMBER: USR12-0038
APPLICANT: WELLS RANCH, LLLP
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 AND SERVICE FACILITY(OIL AND GAS ROUST-A-
BOUT BUSINESS) IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: PART NW4 OF SECTION 32; PART OF THE E2SE4 OF SECTION 30;AND PART
OF SECTION 29; ALL IN T6N R63W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: NORTH AND SOUTH OF CR 64 SECTION LINE; 1 MILE EAST OF CR 61.
e Chris Gathman, Planning Services, stated that this case was continued from the August 7`" hearing.
The applicant has been working on resolving a county road right-of-way that was thought to be vacated but
has not been and will require some redesign of the boundaries of their USR. The applicants have requested a
continuance to the October 2, 2012 Planning Commission hearing.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuation of
this application. No one wished to speak.
▪ Motion:Continue Case USR12-0038 to the October 2,2012 Planning Commission hearing, Moved by
Bill Hall, Seconded by Joyce Smock. Motion carried unanimously.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
CJ The Chair asked the Planning Commission members if there was any new business to discuss. Robert
Grand commented that he would like staff to give some consideration to the impact of the surrounding
neighbors on some of these cases. He supports business and growth but expressed that we shouldn't forget
the other residents of the County. Mr. Gathman said that when there are objections to a case, staff does
strongly encourage the applicants to host neighborhood meetings to resolve issues brought up through the
process.
• Meeting adjourned at 1:45 pm.
1
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
40 Tuesday, October 2, 2012
e 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, Jason
Maxey, at 1:30 p.m.
Roll Call.
Present: Benjamin Hansford, Bill Hall, Bret Elliott, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Nick Berryman, Robert Grand.
Also Present: Kim Ogle and Diana Aungst, Department of Planning Services; Don Carroll and Heidi Hansen,
Department of Public Works; Lauren Light, Department of Health; Brad Yatabe, County Attorney, and Kris
Ranslem. Secretary.
U Motion: Approve the September 18, 2012 Weld County Planning Commission minutes, Moved by
Robert Grand. Seconded by Bill Hall.
Motion passed� unanimously
IC4 CASE NUMBER: USR12-0038
APPLICANT: WELLS RANCH, LLLP
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 AND SERVICE FACILITY(OIL AND GAS ROUST-A-
BOUT BUSINESS) IN THE A (AGRICULTURAL)ZONE DISTRICT.
411 LEGAL DESCRIPTION: PART NW4 OF SECTION 32, PART OF THE E2SE4 OF SECTION 30;AND PART
OF SECTION 29; ALL IN T6N R63W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
�[q LOCATION: NORTH AND SOUTH OF CR 64 SECTION LINE; 1 MILE EAST OF CR 61.
U Kim Ogle, Planning Services, stated that staff is requesting continuance to the October 16, 2012
Planning Commission hearing as the applicant has submitted a revised application to proceed forward with the
application.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuance of
this case. No one wished to speak.
C11 Motion: Continue Case USR12-0038 to the October 16, 2012 Planning Commission hearing, Moved by
Bill Hall, Seconded by Robert Grand.
Motion�ti passed unanimously.
IC CASE NUMBER: USR12-0047
PLANNER: DIANA AUNGST
APPLICANT: DOUGLAS & DEBORAH DUGGAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FORA
MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING OIL AND GAS
SUPPORT AND SERVICE(WATER DEPOT) IN THE A(AGRICULTURAL)ZONE
DISTRICT
LEGAL DESCRIPTION: LOT B REC EXEMPT RECX11-0035, PART NW4 SECTION 4, T10N, R61 W OF
THE 6TH P.M.. WELD COUNTY, COLORADO.
LOCATION. APPROXIMATELY 200 FEET SOUTH OF COUNTY ROAD 122 AND
APPROXIMATELY ONE-HALF MILE EAST OF COUNTY ROAD 89.
e Diana Aungst, Planning Services, stated that staff is requesting a continuance until the October 16, 2012
III Planning Commission hearing.
EXHIBIT
a
s �J L.3)
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
• Tuesday, October 16, 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,Jason
Maxey, at 1:30 p.m.
Roll Call.
Present: Bill Hall, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman,
Absent/Excused: Benjamin Hansford, Bret Elliott, Robert Grand.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst and Tom Parko, Department of Planning Services;
Wendell Heyen, Building Department; 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.
Motion:Approve the October 2,2012 Weld County Planning Commission minutes, Moved by Joyce Smock,
Seconded by Nick Berryman.
Motion passed unanimously.
CASE NUMBER: USR12-0038
APPLICANT: WELLS RANCH, LLLP
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 AND SERVICE FACILITY(OIL AND GAS ROUST-A-
BOUT BUSINESS) IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: PART NW4 OF SECTION 32; PART OF THE E2SE4 OF SECTION 30;AND PART
OF SECTION 29: ALL IN T6N R63W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
• LOCATION: NORTH AND SOUTH OF CR 64 SECTION LINE: 1 MILE EAST OF CR 61.
Chris Gathman, Planning Services, presented Case USR12-0038, 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.
Commissioner Lawley asked how close the nearest residence is. Mr.Gathman said it is approximately'A mile
to the south of the site.
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.
Vince Harris, Baseline Corporation, said that there will be three (3)businesses located from this property all
related to the oil and gas industry. There will be 6 full-time employees with 105 people that access the site;
however they will be gone during the day.
Commissioner Lawley inquired if the Screening Plan would be required, given that the nearest home is the
applicant's residence. Mr. Gathman said that given that the location is very remote and the residence is
utilized by the applicant,staff doesn't see that the Screening Plan would be necessary. However,since there
was a complaint on the case staff felt it should be addressed.
Motion: Delete Condition of Approval 1.A.7 and Development Standard 29 in regard to requiring a Screening
Plan, Moved by Mark Lawley, 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. EXHIBIT
6 cy>
1,13R1 - 'x
• 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 USR12-0038 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Bill Hall, Seconded by Joyce Smock.
Vote: Motion carried by unanimous roll call vote(summary: Yes =6).
Yes: Bill Hall, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman.
CASE NUMBER: USR12-0047
PLANNER: DIANA AUNGST
APPLICANT: DOUGLAS&DEBORAH DUGGAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FORA
MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING OIL AND GAS
SUPPORT AND SERVICE (WATER DEPOT AND STORAGE) IN THE A
(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION: LOT B REC EXEMPT RECX11-0035; PART NW4 SECTION 4,T10N, R61W OF
THE 6TH P.M.,WELD COUNTY,COLORADO.
LOCATION: APPROXIMATELY 200 FEET SOUTH OF COUNTY ROAD 122 AND
APPROXIMATELY ONE-HALF MILE EAST OF COUNTY ROAD 89.
Diana Aungst,Planning Services,presented Case USR12-0047,reading the recommendation and comments
into the record. The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards.
Heidi Hansen,Public Works,reported on the existing traffic,access and drainage conditions and requirements
of the site. The proposed traffic stated in the application is up to 12 truck trips per day; however the applicant
has indicated that they would like to raise that number. Ms. Hansen stated that Public Works is acceptable to
• raising the number since the applicant will need to adhere to the Improvements and Road Maintenance
Agreement.
Lauren Light, Environmental Health,reviewed the public water and sanitary sewer requirements,on-site dust
control, and the Waste Handling Plan. She said that portable toilets are allowed according to their new
Environmental Health Policy; however the applicant is requesting a waiver from having any kind of sanitary
facility on site.
Doug Duggan 616 Chatoga,stated that they have been operating a commercial water depot and would like to
continue the use of this operation. The nearest residence is one-half mile from the site. Mr. Duggan
requested to amend the number of trucks to 35 trucks per day because they use smaller trucks. In addition,
they would like to have a lagoon for the storage of water to keep up with the demand.
Mr. Duggan said that the drivers are there only 10-15 minutes to load water and doesn't feel that having
portable toilets on site is necessary. He requested that no portable facilities be located on site.
Commissioner Lawley asked what the impacts would be of the proposed lagoon and additional truck traffic.
Ms. Hansen said that the additional truck traffic would be addressed under the Improvements and Road
Maintenance Agreement.
Motion:Amend Development Standard 17 to reflect 35 trucks per day,Moved by Nick Berryman,Seconded
by Mark Lawley.
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.
2
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