HomeMy WebLinkAbout20112749.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: USR-1789
APPLICANT: Cannon Land Company, do Encana Natural Gas, Inc.
PLANNER: Tom Parko
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Oil
and Gas Storage Facilities (LNG Liquefaction and Storage)and Oil and Gas
Support and Service(fueling station, mini-liquefaction facility, staging) in the A
(Agricultural)Zone District.
LEGAL DESCRIPTION: SE-1206; being part of the S2SW4 of Section 11,T2N, R66W of the 6th P.M.,
Weld County, Colorado.
LOCATION: North of and adjacent to CR 22; approximately one (1) mile east of CR 31.
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.
Weld County Code, Chapter 22 of the Comprehensive Plan Sec 22-2-10.B.states"the intent
• of the agricultural Goals is, "to support all forms of the agricultural industry and, at the same
time, to protect the rights of the private property owners to convert their agricultural lands to
other appropriate land uses."
Cannon Land Company has leased a portion of their land to EnCana natural Gas, Inc for
industrial uses,e.g. LNG fueling station and depot.Cannon Land has leased other portions of
property to similar uses, e.g. Fort Lupton Gas Plant. The area in general is industrial with
similar uses to the west and south. .
Agricultural Policy 8.1: Demonstrate adequate sanitary sewage and water systems are
available for the intensity of the development.
EnCana's proposed project will be phased. Phase one and two do not require any permanent
facilities but will be required for Phase three. The same goes for water.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the Agricultural(A)
Zone District.
Sec 23-2-240 Design standards
a) Adequate water service. Drinking water will be provided prior to Phase three by either a
well permitted through the Division of Water Resources or via a cistern approved by the
County Board of Health.
b) Adequate sewer service. A septic system (ISDS) will be required prior to Phase three.
The Use of portable toilets and bottled water is acceptable until Phase three.
• c) Structure construction mitigated soil conditions. Geotechnical investigations were Eggs
conducted prior to construction.
d) Adequate fire protection. The Fort Lupton Fire Protection District serves this property.
2011-2749
Resolution USR-1789
Cannon Land Company, Go Encana Natural Gas, Inc.
• Page 2
e) Parking and vehicle storage. Parking is onsite and there will be no vehicle storage for
greater than 24hrs.
f) Agricultural zone setback and offset requirements. The proposed facility will meet all
minimum setback requirements.
g) Access. The proposed access is off of County Road 22. Access Permit No.
h) Access to public rights-of-way. Public Access to County Road 22 has been approved by
the County.
i) Buffering from adjacent properties. The majority of property in the vicinity of this facility is
zoned Agriculture with industrial uses. The nearest residence is.55 miles to the east; .88
miles to the south and 1.1 miles to the west.
j) Uses by special Review in the Agricultural Zone District shall be located on the least
prime soils on the property. The property was removed from productive farm land
sometime ago.
Sec 23-2-250 Operation standards
A. Comply with noise standards, Sec 25-12-101. The applicant will comply with the
Industrial noise standards.
B. Comply with lighting standards. Exterior lighting is limited to security and all lighting will
• be directed downward and not out or up.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses.
The Fort Lupton Gas Plant 3AmUSR-1002 is located adjacent to the proposed facility to the
west. USR-1291 and AmUSR-1353 for an oil and gas support and service facilities are
located adjacent to the proposed facility to the south and south west. USR 1317 for repair
and maintenance of vehicles is located approximately 1.0 mile to the west.
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 property is not located in a municipal referral area or in an area with an adopted Master
Plan of an affected municipality. This property is zoned Agriculture and all the properties
surrounding this farm are zoned Agriculture. Future development of the area will
predominately remain in agricultural production and retain rural uses.
E. Section 23-2-220.A.5 -- The application complies with Article V of the Weld County Code.
The existing site is within the County Road Impact Fee Area and the Capital Expansion
Impact Fee area.
Effective April 25, 2011, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
• Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance
2011-2)
Resolution USR-1789
Cannon Land Company, do Encana Natural Gas, Inc.
• Page 3
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 property has been removed from any productive farm lands.
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 owner of the property has taken adequate measures to make certain that the health,
safety and welfare of the business. The applicant has complied with all Federal, State and
Local regulations as they apply to the uses on the property.
H. Section 22-4-50.A.AIR Goal 1. Maintain National Air Quality Standards and,where applicable,
improve air quality in the County.
3.AIR Policy 1.3 The County encourages the use and development of alternative fuels,
alternatively fueled vehicles and modes of transportation that reduce pollutants.
4,AIR Policy 1.4.The County encourages innovative and creative approaches to alternative
energy sources.
Section 22-5-160.A. UR Goal 1. Support and encourage the use of the natural and other
resources available in the County by the residents of the County.
1. UR Policy 1.1. Support the development of power-generating facilities in the County that
• benefit the residents of the County and employ the resources extracted, developed or
available in 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. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR-1789 (Department of Planning Services)
B. The attached Development Standards. (Department of Planning Services)
C. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
D. Show the approved access on the Site Plan and label it with the approved access
permit number.
E. Tracking control is required to prevent the tracking of mud and debris on to the
County roadway. Please show and label double cattle guards(2 cattle guards placed
back to back to allow for a full rotation of truck tires)with 50' of recycled asphalt(or
equivalent) at the access.
F. Place the entry gate far enough back from the roadway to allow a truck with trailer to
completely pull off of the County roadway before stopping to open the gate.
• G. The access must have a minimum of 60' radiuses to accommodate large trucks
turning in and out of the site.
Resolution USR-1789
Cannon Land Company, do Encana Natural Gas, Inc.
• Page 4
H. Provide calculations for the Water Quality Areas and label them as"Water Quality—
No Build/Storage Area" on the plat.
2. The project will disturb over an acre of land therefore,a State approved Stormwater Management
Plan will be required. Please provide a copy of Storm Water Management Plan application as
submitted to the State. Please provide a copy of the approved permit once it has been obtained.
The applicant is required to 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.
3. The project will disturb over an acre of land therefore, a Weld County Grading Permit is required
before construction.
4. The applicant shall enter into a Private Improvements and Road Maintenance Agreement
according to policy regarding collateral for improvements and post adequate collateral for all
transportation (access drive, parking areas,et cetera)and non-transportation(fencing,screening,
drainage et cetera). The agreement and form of collateral shall be reviewed by County Staff and
accepted by the Board of County Commissioners prior to recording the USR plat. The applicant
may submit evidence that all the work has been completed and reviewed by the Department of
Planning Services and the Department of Public Works.
5. The applicant shall submit evidence of an Air Pollution Emission Notice(A.P.E.N.)and Emissions
Permit application from the Air Pollution Control Division, Colorado Department of Health and
• Environment, if applicable. Alternately, the applicant can provide evidence from the APCD that
they are not subject to these requirements.
6. The applicant shall submit a revised waste handling plan, for approval, to the Environmental
Health Services Division of the Weld County Department of Public Health & Environment. The
plan shall include the following: The waste handler and facility where the waste will be disposed,
including the facility name, address, and phone number.
7. Upon completion of 1-6 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 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)
8. In accordance with Weld County Code Ordinance 2006-7 approved June 1,2006, should the plat
not be recorded within the required thirty (30) 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)
9. 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)
10. 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)
Resolution USR-1789
Cannon Land Company, do Encana Natural Gas, Inc.
• Page 5
Motion seconded by Ben Hansford.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
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 4, 2011.
Dated the 4th of October, 2011.
in
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• Cannon Land Company,
c/o Encana Natural Gas, Inc
USR-1789
1. A Site Specific Development Plan and Use by Special Review Permit for Oil and Gas Storage
Facilities(LNG Liquefaction and Storage)and Oil and Gas Support and Service(Fueling Station, Mini-
Liquefaction Facility, Staging) 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 on-site employees as listed and described in the application prepared by the applicant
are as follows: Phase 1 & II the facility will be unmanned with an operator checking it once daily;
Phase III will have three (3) employees on site during daylight hours. (Department of Planning
Services)
4. The hours of operations as listed and described in the application are as follows: Twenty-four(24)
hours a day, seven (7)days a week from sunrise to sunset. From time to time the hours of operation
may be extended. The owner agrees to provide written notice of the request to extend the hours
within twenty-four (24) hours to the Department of Planning Services (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 Underground and Above Ground Storage Tank
Regulations (7 CCR 1101-14), as applicable. (Department of Public Health and Environment)
10. The facility shall be operated in a manner to prevent odors. Odors detected off site shall not equal or
exceed the level of fifteen-to-one dilution threshold, as measured pursuant to Regulation 2 of the
Colorado Air Pollution Control Regulations. Additional controls shall be implemented at the request of
the Weld County Department of Public Health and Environment in the event odor levels detected off
site of the facility meet or exceed the level of fifteen-to-one dilution threshold,or in the judgment of the
Weld County Health Officer, there exists an odor condition requiring abatement. (Department of
Public Health and Environment)
11. 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)
Resolution USR-1789
Cannon Land Company, do Encana Natural Gas, Inc.
Page 7
• 12. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in Section 14-9-30 of the Weld County Code or with all applicable State noise statutes
and/or regulations. (Department of Public Health and Environment)
13. The operation shall comply with all applicable oil and gas operations regulated by the Colorado Oil
and Gas Conservation Commission. (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. Portable toilets and bottled water would be provided for Phases 1 and 2.
(Department of Public Health and Environment)
15. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to Individual Sewage Disposal Systems. A septic system shall be installed when phase 3 is
completed. (Department of Public Health and Environment)
16. 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). (Department of Public Health and
Environment)
17. A permanent, adequate water supply shall be provided when phase 3 is completed. (Department of
Public Health and Environment)
18. In the event an individual well is utilized and is serving more than 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)
•
19. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with
product labeling and in a manner that minimizes the release of hazardous air pollutants(HAP's)and
volatile organic compounds (VOC's). (Department of Public Health and Environment)
20. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
21. 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)
22. 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)
23. 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)
24. 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.
25. An increase of delivery truck traffic over the maximum of 40 roundtrips per day will trigger additional
review and possibly additional improvements.
• 26. The applicant must take into consideration storm water capture/quantity and provide accordingly for
best management practices.
Resolution USR-1789
Cannon Land Company, do Encana Natural Gas, Inc.
Page 8
• 27. Weld County is not responsible for the maintenance of onsite drainage related features.
28. 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)
29. 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.
30. 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.
31. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness,wildlife, lack of city noise and congestion,and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
• Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning;flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved"out of the way"of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
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.
Resolution USR-1789
Cannon Land Company, do Encana Natural Gas, Inc.
Page 10
• 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, sand bars, 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.
•
•
10-9 - Lou
Hansford, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
• Commissioner Grand commented that this is a tough case where there are conflicting views and ideas. He
believes that everyone has a right to the use of their property, both as a homeowner and productive business
opportunity. Unfortunately, in some cases those are in conflict.
Commissioner Holton commented that the applicant needs to realize that his request is pushing the limit to
where it needs to be located in an industrial area. He encouraged the applicant to consider relocation to the
industrial area if the business continues to grow in the future.
The Chair called a recess at 2:29 pm and reconvened the hearing at 2:37 pm.
The Chair read the following case into record.
CASE NUMBER: USR-1789
APPLICANT: Cannon Land Company, c/o Encana Natural Gas, Inc.
PLANNER: Tom Parko
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Oil and
Gas Storage Facilities(LNG Liquefaction and Storage)and Oil and Gas Support
and Service (fueling station, mini-liquefaction facility, staging) in the A
(Agricultural)Zone District.
LEGAL DESCRIPTION: SE-1206; being part of the S2SW4 of Section 11, T2N, R66W of the 6th P.M.,
Weld County, Colorado.
LOCATION: North of and adjacent to CR 22; approximately one(1) mile east of CR 31.
Tom Parko, Planning Services, stated that there were two steps in this particular process. The first step was
to locate the facility on a proposed Subdivision Exemption as this is an oil and gas support and service facility.
• The owner of record is Cannon Land Company. Encana is leasing 19.5 acres from Cannon Land for a LNG
(liquefied natural gas facility). The facility as proposed will be carried out in three phases. Phase 1 includes
two large 16,300 gallon LNG storage vessels and one LNG load off control facility. Phase 2 will include one
Liquid Nitrogen Storage vessel, one LNG Liquefaction skid and one LNG storage and dispensing. Phase 3 will
include a lot of uses in the future with five 100,000 gallon proposed LNG storage vessels, one shop and
control room, one gas pre-treating skid, one water-removal equipment skid, four area coolers, one
compressor building, one natural gas liquefaction equipment area, truck loading areas, one flare stack, and
two natural gas liquid storage vessels.
The proposed site is located within three-mile referral areas for the City of Fort Lupton and the Town of
Platteville. In neither case, however, is the proposed facility located in an urban growth boundary. Both
municipalities responded with no concerns or objections.
Thirteen referral agencies have reviewed this case and two offered comments, some with specific conditions.
There has been no correspondence received either for or against this proposal.
The Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
Lauren Light, Environmental Health, said that because this is in three phases permanent water will not be
required until Phase 3.
Ms. Light noted that the last part of Development Standard 14 was left out. She requested that "Portable
toilets and bottled water would be provided for Phases 1 and 2" at the end of Development Standard 14.
Robert Grand moved to add the additional language as presented by staff to Development Standard 14,
seconded by Bill Hall. Motion carried.
Ms. Light commented that noise from the proposed compressor could be re.ulated b the Oil and Gas
EXHIBIT 5
a
Commission. Therefore on Development Standard 12 a sentence should be added "or with all applicable
State noise statutes and/or regulations".
Jason Maxey moved to add the additional language to Development Standard 12 as presented by staff,
seconded by Benjamin Hansford. Motion carried.
Heidi Hansen, Public Works, stated that County Road 22 is classified as an arterial roadway requiring 140 feet
of right-of-way at build-out. In May 2007, there were 1,012 vehicles per day on that roadway. There is an
approved access onto County Road 22 for the facility. An Improvements and Road Maintenance Agreement
for County Road 22, which will include triggers for the different levels of phasing, will be required.
Ms. Hansen requested that the Items A through E under"Please add the following notes to the plat"on Page 5
be moved to Development Standards and remove Items B and C as they are already development standards.
Alexander Zauder made a motion to move Items A, D, and E to Development Standards, seconded by Robert
Grand. Motion carried.
Ms. Hansen also requested that the handout she submitted be included as Condition of Approval 4 in regard
to the Improvements and Road Maintenance Agreement.
Jason Maxey moved to include a new Condition of Approval 4 and renumber accordingly, seconded by Nick
Berryman. Motion carried.
Cathi Boles, Representative for Encana Natural Gas, Inc., 370 17th Street, Denver,CO, stated that they intend
to implement Phase 1 by the end of this year with the installation of two 16,300 gallon storage vessels on site.
It will require large semis with approximately 10,000 gallons of gas delivering into the storage vessels. Once
it is stored on site, smaller trucks will offload the gas and deliver to the customers.
• As the demand grows, they will get into Phase 2 which is the liquefaction process. Phase 3 will be initially
three(3) large semi-trucks per week delivering the product and then the smaller trucks will deliver gas to the
customers.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The Chair asked the applicant if they have read through the amended Development Standards and Conditions
of Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Robert Grand moved that Case USR-1789, be forwarded to the Board of County Commissioners along with
the amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Benjamin Hansford.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. 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.
The Chair read the following case into record.
CASE NUMBER: USR11-0004
APPLICANT: Soto Gonzales, c/o Donn Foster
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for an Oil
and Gas Support Facility(water hauling)and any use permitted as a Use by Right,
an Accessory Use, or a Use by Special Review in the Commercial or Industrial
Zone District (the maintenance and fabrication of new and existing trucks),
• provided that the property is not a lot in an approved or recorded subdivision plat
or lots parts of a map or plan filed prior to adoption of any regulations controlling
subdivisions, in the A(Agricultural)Zone District.
6
9 -aoII
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
• Tuesday, September 20, 2011
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
Tom Holton
Mark Lawley
Nick Berryman
Robert Grand
Bill Hall
•
Benjamin Hansford
Alexander Zauder
Jason Maxey
Also Present: Kim Ogle, Department of Planning Services; Don Carroll and Heidi Hansen, Department of
Public Works; Lauren Light, Department of Health; Bruce Barker, County Attorney, and Kris Ranslem,
Secretary.
Jason Maxey moved to approve the September 6, 2011 Weld County Planning Commission minutes,
seconded by Bill Hall. Motion carried.
The Chair read the first case into record.
• CASE NUMBER: USR-1789
APPLICANT: Cannon Land Company, do Encana Natural Gas, Inc.
PLANNER: Tom Parko
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Oil
and Gas Storage Facilities(LNG Liquefaction and Storage)and Oil and Gas
Support and Service(fueling station, mini-liquefaction facility, staging) in the A
(Agricultural)Zone District.
LEGAL DESCRIPTION: SE-1206; being part of the S2SW4 of Section 11,T2N, R66W of the 6th P.M.,
Weld County, Colorado.
LOCATION: North of and adjacent to CR 22;approximately one(1) mile east of CR 31.
Kim Ogle, Planning Services, stated that the applicants are requesting a continuance of this case until
October 4, 2011 due to a legal description technicality.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Jason Maxey moved that Case USR-1789, be continued to the October 4, 2011 Planning Commission
hearing, seconded by Ben Hansford. Motion carried unanimously.
The Chair announced that USR-1791, USR-1793, USR-1794 and USR11-0005 will be heard together as they
are similar cases. The Chair read the cases into record.
CASE NUMBER: USR-1791
APPLICANT: Bernhardt Farms LLC, do DCP Midstream, LP
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Oil
and Gas Support and Service, including oil and gas processing facilities and
• related equipment, including, but not limited to, four(4)compressors
associated with gas processing or which compress gas to enter a pipeline for
transport to market, in the A(Agricultural)Zone District.
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