HomeMy WebLinkAbout20110503.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• 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: USR-1769
APPLICANT: Marcum Midstream 1995-2 Business Trust dba Conquest Water Services
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for an Oil
and Gas Support Facility (Class II Oilfield Waste Disposal Facility - saltwater
injection facility and a water recycling facility)in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A and B RE-4538;being part of S2NE4/N2SE4 of Section 29,T11 N,R62W of
the 6th P.M.,Weld County, Colorado.
LOCATION: Approximately 0.25 miles south of CR 126; west of and adjacent to CR 77; 0.5
miles north of CR 124.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect. Section 22-4-140.A. EP.Goal 1. states
"Encourage the minimization of mineral resource exploration and production waste and
require the safe disposal of it;" and EP.Policy 1.1. states "Due to the impacts from surface
impoundments and increasing public concern about them, other alternatives for disposal
• should be considered." The proposal is two-fold, first as a Class II Brinewater Injection Well
and second, as a brinewater recycled water facility.
Section 22-4-140.B. EP.Goal 2. Mineral resource exploration and production waste facilities
should be planned, located, designed and operated to encourage compatibility with
surrounding land uses in terms of items such as general use,scale, height,traffic,dust, noise
and visual pollution. This proposal has been reviewed by the appropriate referral agencies
and it has been determined that the attached Conditions of Approval and Development
Standards ensure that there are adequate provisions for the protection of the health, safety
and welfare of the inhabitants of the neighborhood and county.
Section 22-2-20.6.2 A.Policy 2.2 states: "Allow commercial and industrial uses, which are
directly related to or dependent upon agriculture, to locate within agricultural areas when the
impact to surrounding properties is minimal or mitigated and where adequate services and
infrastructure are currently available or reasonably obtainable. These commercial and
industrial uses should be encouraged to locate in areas that minimize the removal of
agricultural land from production." The site is Lot A of Amended Recorded Exemption,
AmRE-4538 which consists of approximately ten (10) acres. The U.S.D.A. Soils Maps of
Prime Farmlands of Weld County dated 1979 indicate that the soils on this property as"High
Potential Dry Cropland—Prime if they become Irrigated"and"other land", in equal areas,with
the south half of the property identified as "Other Lands".. There is a domestic well on the
parcel,Well Permit#283983; the surrounding properties are primarily rangeland and grazing
lands with sparsely located single family homes. The applicant is proposing an on-site septic
system and the water will be provided by an individual commercial well which is under review
by the Division of Water Resources. Evidence of a commercial well permit is a condition of
approval prior to recording the plat.
• 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 b Special Review in the A (Agricultural) Zone
District. 7777•
s 2011-0503
tip_
Resolution USR-1769
Marcum Midstream 1995-2 Business Trust
Page 2
•
C. Section 23-2-220.A.3 --The uses which will be permitted will be compatible with the
existing surrounding land uses. The site is bordered by agricultural uses, predominately
grazing and rangelands with sparsely populated residential development. There is one
property owners holding 3 parcels within 500 feet of this proposed facility. There are no
residences in the general 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 located within three miles of the Town of Grover. The
applicant is requesting a sign that complies with the Commercial Zone District of the Weld
County Code. Further, the applicant states there will be 60-70 truck trips per day to this
facility. County Road 77 is utilized for truck traffic on a daily basis.
E. Section 23-2-220.A.5 --The site does not lie within any Overlay Districts.
Effective January 1, 2003, Building Permits issued on the subject site will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
F. Section 23-2-220.A.6 --The applicant has demonstrated a diligent effort to conserve
•
prime agricultural land in the locational decision for the proposed use. The U.S.D.A.
Soils Maps of Prime Farmlands of Weld County dated 1979 designated the soils on this
property as "High Potential Dry Cropland— Prime if they become Irrigated" and "Other
Land",
G. Section 23-2-220.A.7--The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The 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 USR-1769 (Department of Planning Services)
C. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
•
Resolution USR-1769
Marcum Midstream 1995-2 Business Trust
Page 3
• 2) County Road 77 is designated on the Weld County Road Classification Plan as
an arterial road, which requires 140 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way. An additional forty(40) feet shall be delineated
on the plat as future County Road 77 right-of-way. All setbacks shall be measured
from the edge of future right-of-way. The applicant shall verify the existing right-
of-way and the documents creating the right-of-way. If the right-of-way cannot be
verified, it shall be dedicated. This road is maintained by Weld County.
(Department of Public Works)
3) Revise and add the additional asphalt to square up the asphalt access for the
existing trucks. (Department of Public Works)
4) Please delineate the detention pond in a drainage easement on the final plat and
label the volume and release rate. (Department of Public Works)
5) All parking for this site must be off street and internal and delineated on the plot
plan map. Each parking space shall be equipped with wheel guards or curb
blocks to prevent vehicles from coming into contact with walls or other structures.
(Department of Planning Services)
6) The application materials did not include a Lighting Plan. Should exterior lighting
be a part of this facility, all light standards shall be delineated on the USR Plat.
(Department of Planning Services)
D. The applicant shall submit to the Department of Public Works a revised Drainage Report
incorporating the redline comments. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services (Department of Public Works)
• E. The applicant must address the requirements (concerns) of Department of Public Works,
as stated in the referral response dated January 19, 2011. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Public Works)
F. The applicant must address the requirements (concerns) of Pawnee Fire Protection
District, as stated in the referral response dated January 13, 2011. Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services. (Pawnee
Fire Protection District)
G. The applicant must address the requirements (concerns) of Colorado Division of Water
Resources, as stated in the referral response dated December 22, 2010. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Colorado Division of Water Resources)
H. The applicant shall file an Air Pollution Emission Notice (A.P.E.N.)with the Colorado
Department of Public Health and Environment, Air Pollution Control Division. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Public Health and Environment)
A Ground Water Monitoring Plan shall be submitted and approved by the Weld County
Health Department of Public Health and Environment. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department
of Public Health and Environment)
•
Resolution USR-1769
Marcum Midstream 1995-2 Business Trust
Page 4
• J. A Storm Water Discharge Permit shall be obtained from the Colorado Department of
Public Health and Environment Water Quality Control Division for construction activities.
Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services. (Department of Public Health and Environment)
K. The applicant shall submit a Lighting Plan to the Department of Planning Services for
review and approval. With approval, the Lighting Plan information shall be graphically
delineated on the USR Plat. (Department of Planning Services)
L. The applicant shall submit written evidence of compliance with all of the Department of
Public Health and Environment's stipulations and requirements. Written evidence shall
be submitted to the Department of Planning Services. (Department of Planning Services)
2. Prior to recording of the final USR plat,
A. Prior to recording of the final USR plat, the applicant needs to enter into an Improvements
Agreement for the onsite and offsite work to be done. Collateral needs to be submitted to
and accepted by the Weld County Board of County Commissioners prior to recording of the
final plat. (Department of Public Works)
B. 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)
3. Upon completion of 1 and 2 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 thirty(30) 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)
4. The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files
format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable).
This digital file may be sent to maps(cco.weld.co.us. (Department of Planning Services)
5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat
not be recorded within the required sixty (60) days from the date the Board of County
Commissioners approval was signed a$50.00 recording continuance charge may be added for
each additional 3 month period. (Department of Planning Services)
6. One month prior to the start of construction:
A. The applicant shall submit a Demolition Permit and provide an Asbestos Certification
letter from the Colorado Department of Public Health and Environment, Asbestos
Department prior to the removal of the single family residence and any outbuildings.
Evidence of approval shall be submitted in writing to the Weld County Department of
Planning Services. (Department of Planning Services)
B. The applicant needs to 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 final 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)
Resolution USR-1769
Marcum Midstream 1995-2 Business Trust
Page 5
• 7. Prior to the Release of Building Permits:
A. Building permits are required for buildings and structures which required permits before the
beginning of construction. (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; 2008 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. Detailed plans for the concrete secondary containment structures for all storage and
processing tanks shall be submitted. Secondary containment volume shall provide
containment for the entire contents of the largest single tank plus sufficient freeboard to
allow for precipitation. (Department of Public Health and Environment)
E. A leak detection system shall be designed and installed beneath the concrete unloading
• pad(s) and sump(s). A detailed design shall be submitted to and approved by WCDPHE.
The concrete unloading pad shall be constructed and operated in accordance with the
approved design (Department of Public Health and Environment)
F. The applicant shall submit evidence to the WCDPHE, Weld County Planning Services
and the Colorado Oil and Gas Conservation Commission (COGCC) that the facility was
constructed in accordance with application materials. (Department of Public Health and
Environment)
G. An individual sewage disposal system (I.S.D.S.) permit is required for sewage flow from
the proposed office building. The system must be designed by a Colorado Registered
Professional Engineer and in accordance with Weld County I.S.D.S. Regulations.
(Department of Public Health and Environment)
H. A Detailed Closure Plan shall be submitted to the Weld County Department of Public
Health and Environment and the Colorado Oil and Gas Conservation Commission. The
Closure Plan shall include a description of the manner in which the well will be plugged
and abandoned, as well as specific details regarding reclamation of the property. No
structures or equipment associated with the facility shall remain on the property following
closure. (Department of Public Health and Environment)
The facility shall post financial assurance with the COGCC. The financial assurance shall
be adequate to cover a third-party closure of the facility, including the plugging and
abandonment of the well, in accordance with industry standards, and the removal of all
structures (including concrete) on the facility. The site shall be returned to its original
grade. The facility shall submit evidence to the WCDPHE that the appropriate financial
assurance has been obtained. (Department of Public Health and Environment)
• J. Provide evidence to the Weld County Department of Public Health & Environment that a
well has been appropriately permitted and installed to provide for sanitary use for the
facility. (Department of Planning Services)
Resolution USR-1769
Marcum Midstream 1995-2 Business Trust
Page 6
• Motion seconded by Roy Spitzer.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Erich Ehrlich
Roy Spitzer
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 February 1, 2011.
Dated the 1st of February, 2011.
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• CONQUEST WATER COMPANY
(Marcum Midstream 1995-2 Business Trust)
USR-1769
1. The Site Specific Development Plan and Special Review Permit for an Oil and Gas Support Facility
(Class II Oilfield Waste Disposal Facility-Saltwater Injection Facility and a water recycling facility) in
the A(Agricultural) Zone District, as indicated in the application materials on file and subject to the
Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The facility shall be constructed and operated to ensure that contamination of soil and groundwater
does not occur. (Department of Public Health and Environment)
4. A manager, knowledgeable in operating an injection well, shall be on site when the facility is receiving
waste. (Department of Public Health and Environment)
5. No disposal of waste, other than Class II, as defined by the Environmental Protection Agency, is
permitted. Any changes from the approved Class II use would require an amendment to this Special
Use Permit. (Department of Public Health and Environment)
6. In accordance with Section 8 of the Regulations Pertaining to Solid Waste Sites and Facilities(6 CCR
1007, Part 2), an annual report shall be filed for the recycling operations,which includes the amount
of produced water recycled. The annual report shall be submitted to the Weld County Department of
Public Health & Environment (WCDPHE) and the Colorado Department of Public Health and
Environment (CDPHE) Hazardous Materials and Waste Management Division by May first of each
• year. (Department of Public Health and Environment)
7. This facility shall adhere to the maximum permissible noise level of 70 dBA as allowed in the industrial
Zone as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public
Health and Environment)
9. All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations. (Department of Public Health and Environment)
10. The facility shall comply with Colorado Air Quality Control Commission Regulations and any air
permits issued by the CDPHE Air Pollution Control Division. (Department of Public Health and
Environment)
11. All liquid wastes received at the facility shall be unloaded on the unloading pad. The
unloading/loading pad leak detection system shall be constructed and operated in accordance with
the approved design. The concrete unloading pad shall be cleaned at a frequency that prevents oils
and other wastes from building up on the pad. During winter months, the facility shall maintain the
unloading pad free of ice. (Department of Public Health and Environment)
12. Analytical data on wastes and environmental monitoring data shall be made available to WCDPHE,
who reserves the right to require additional more extensive monitoring. (Department of Public Health
and Environment)
13. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
• 30-20-100.5, C.R.S.)shall be stored,treated, and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Department of Public Health and Environment)
Resolution USR-1769
Marcum Midstream 1995-2 Business Trust
Page 8
• 14. Any petroleum contaminated soils on the facility shall be removed, treated or disposed of in
accordance with all applicable rules and regulations. (Department of Public Health and Environment)
15. The facility shall comply with the approved groundwater monitoring plan. (Department of Public
Health and Environment)
16. All storm water,which has come into contact with waste materials on the site,shall be confined on the
site. In the event that storm water is not adequately controlled on the site, upon written notification
from the WCDPHE or CDPHE, a comprehensive site-wide storm water plan shall be developed and
implemented. The plan must be approved, in writing, prior to implementation by WCDPHE and
CDPHE. (Department of Public Health and Environment)
17. Adequate drinking water, hand washing, and toilet facilities shall be provided. (Department of Public
Health and Environment)
18. Any individual sewage disposal system (I.S.D.S.) on the property shall be permitted, installed,
maintained and operated in compliance with all provisions of the Weld County Code, pertaining to
I.S.D.S. (Department of Public Health and Environment)
19. Any required Spill Prevention Control and Countermeasures (SPCC) Plan(s) shall be prepared and
maintained on-site per 40 CFR 112. (Department of Public Health and Environment)
20. The operation shall comply with all applicable rules and regulations of the Colorado Oil & Gas
Conservation Commission, other State and Federal agencies, and the Weld County Code.
(Department of Public Health and Environment)
21. Access to the site shall be from County Road 77. Transport trucks weighing up to 40 tons will visit
• the site approximately 100 times daily. (Department of Public Works)
22. The off-street parking spaces including the access drive shall be surfaced with gravel or the
equivalent and shall be graded to prevent drainage problems. Utilize the approved access and
departure point, Weld County Access Permit Number AP10-00112. (Department of Planning
Services)
23. The historical flow patterns and run-off amounts will be maintained on site in such a manner that will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases, diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
24. Weld County shall not be responsible for the maintenance of onsite drainage related facilities.
(Department of Public Works)
25. In the event that 1 or more acres are disturbed during the construction and development of this site,
the applicant shall obtain a construction stormwater discharge permit from the Water Quality Control
Division of the Colorado Department of Public Health and Environment. (Department of Public Works)
26. Permits shall be obtained for all new buildings, structures and where proposed electrical, plumbing
and mechanical work is to be performed which requires permits per Weld County Code Chapter 29.
(Department of Building Inspection)
27. Any lighting, including light from high temperature processes such as welding or combustion,shall be
designed, located and operated in such as manner as to meet the following standards: sources of
light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties;
neither the direct nor reflected light from any light source may create a traffic hazard to operators of
• motor vehicles on public or private streets; and no colored lights may be used which may be confused
with or construed as traffic control devices. (Department of Planning Services)
Resolution USR-1769
Marcum Midstream 1995-2 Business Trust
Page 9
• 28. Hours of operation, acceptance of waste water and transport off-premises of recycled water, are 24
hours per day, 7 days per week. (Department of Planning Services)
29. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the County wide Road Impact Fee Program. (Department of Planning Services)
30. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the
fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services) (Department of Planning
Services)
31. 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)
32. 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)
33. 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)
34. Necessary Weld County Public Works, Environmental Health and Planning representatives 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 Development Standards stated herein and all applicable Weld County
regulations. (Department of Planning Services)
35. 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)
36. 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)
•
a-l-aD(/
rent the property as it was surrounded by a junkyard,except a junkyard itself. He said that he invested money
into fixing up the building and intends to install screening or landscaping around the outside storage.
• 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.
Roy Spitzer moved that Case USR-1765 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.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes with comment; Erich Ehrlich,yes; Robert Grand, absent; Bill Hall, yes;AlexanderZauder,yes;
Jason Maxey, absent; Roy Spitzer, yes with comment; Mark Lawley, yes with comment; Tom Holton, yes.
Motion carried unanimously.
Commissioner Berryman commented that this request is compatible with the surrounding uses.
Commissioner Spitzer echoed Mr. Berryman's comments.
Commissioner Lawley also agreed with Mr. Berryman and Mr.Spitzer regarding compatibility with surrounding
uses.
The following case was read into record.
CASE NUMBER: USR-1769
APPLICANT: Marcum Midstream 1995-2 Business Trust dba Conquest Water Services
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for an Oil
and Gas Support Facility (Class II Oilfield Waste Disposal Facility - saltwater
injection facility and a water recycling facility)in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A and B RE-4538;being part of S2NE4/N2SE4 of Section 29,T11N,R62W of
the 6th P.M., Weld County, Colorado.
LOCATION: Approximately 0.25 miles south of CR 126; west of and adjacent to CR 77; 0.5
miles north of CR 124.
Kim Ogle, Planning Services, stated that the site is bordered by agricultural uses, predominately grazing and
croplands with sparsely populated residential development. There is one property owner holding three parcels
within 500 feet of this proposed facility. There are no residences in the general area.
The property is within the three mile referral area for the Town of Grover. The Town of Grover, in their
referral, indicated no conflict with their interests. This application is for a new facility for oil field brinewater
disposal with tanks for brinewater and separate tanks associated with the water recycling facility, and one
building for the pumps and office. There are normally two employees onsite when accepting trucks,which is
from 24 hours each day, 7days each week.
Primary access to the facility is from County Road 77, an arterial road. The primary haul route will be north or
south on County Road 77. Internal roads to the facility yard are graveled and graded.
The applicant states that each of the locations or facilities is basically operated the same. This facility
operates as recently approved C7 near Cornish.
Fifteen referral agencies have reviewed this case and six offered comments, some with specific conditions.
There have been no letters or telephone calls to review the case file.
The Weld County Department of Planning Services recommends approval of this application with the attached
• •conditions of approval and development standards.
3T 7
i 4
Mr. Ogle stated that staff is requesting two changes to the staff report. Development Standard 22 should read
"Access to the site shall be from County Road 77. Transport trucks weighing up to 40 tons will visit the site
approximately 100 times daily."
Development Standard 29 should be amended to read"Hours of operation, acceptance of waste water and
transport off-premises of recycled water, are 24 hours per day, 7 days per week."
In addition, staff requested to delete Development Standard 21 because it is a duplicate to Development
Standard 40.
Roy Spitzer moved to delete Development Standard 21 and amending Development Standards 22 and 29 as
requested by Staff, seconded by Bill Hall. Motion carried.
Troy Swain, Environmental Health, stated that there are several facilities like this request. He added that this
facility will be co-located with a recycling facility.
Don Carroll, Public Works, stated that the access is from County Road 77, which is an arterial roadway
requiring 140 feet of future right-of-way. Public Works has asked the applicant to provide an additional 40 feet
to accomplish the future right-of-way.
No traffic study is required. They did ask that improvements be made to the entrance of the facility, which
would provide a right-turn deceleration lane going in,a left-turn deceleration lane turning into the facility from
the opposite direction, along with adequate turning radiuses. The right-turn lane going out will be triggered if
truck traffic exceeds 50 vehicles during the peak hour.
Dale Butcher, 1024 49th Ave, Greeley, CO, stated that the business is to dispose of oilfield wastewater in an
environmentally sensitive way. They either filter the water and inject it into the ground nearly two miles deep or
run it through a relatively new process that allows them to reuse the water within their industry. There are
currently five such facilities.
• Mr. Butcher stated added that this facility will reduce truck miles on Weld County roads by about 2 million
miles per year.
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.
Bill Hall moved that Case USR-1769, 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 Roy Spitzer.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Erich Ehrlich, yes; Robert Grand,absent; Bill Hall,yes;Alexander Zauder,yes;Jason Maxey,
absent; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair called a recess at 2:30 pm and reconvened at 2:34 pm.
CASE NUMBER: ORDINANCE 2011-2,2011-3, 2011-4
PLANNER: Tom Parko and Elizabeth Relford
REQUEST: Code Ordinance#2011-2, 2011-3, 2011-4, In the Matter of Repealing and
Reenacting, with Amendments, A portion of Chapter 5, Article VIII Capital
Expansion Fee and Stormwater Drainage Infrastructure Fee, Chapter 20
Road Impact Fees, Chapter 23 Zoning, and Chapter 29 Building
Regulations of the Weld County Code.
• Tom Parko, Planning Services, stated that there are several code changes proposed to the Weld County
Code and began going through the list of the proposed changes.
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