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Home My WebLink About20112750.tiff INVENTORY OF ITEMS FOR CONSIDERATION • Applicant Cannon Land Company, c/o Case Number USR-1789 Encana Natural Gas, Inc Submited or Prepared IPrior to At Hearing Ilearing \NoI Staff Comments X Department of Planning Services Field Check Form X Letter to Applicant X Legal Notifications X N4 2 Application X V Maps X Deed/Easement Certificate X Surrounding Properly/Mineral Owners X 3 Referral List X Referrals without comment X • Colorado Parks and Wildlife 1 g/a/mil I X • Fort Lupton Fire Protection District r Et Ie�/12a1i X • Town of Platteville 7/a9/2o ll X • Division of Water Resources r 7/l 8'7Jo1 l X • Weld County Zoning Compliance / -7/IS/Zptf X —X_ • City of Fort Lupton , C)/(34,/zee X /l. 4 Referrals with comments X • Weld County Public Works Dept, gII5I Zr7II X • Weld County Environmental Ilealth Dept.I q it 'ZD1 I X RPI.,"`-.1.th-1 t . 1AMJC X ..• y-Building Inspections Dept. 711 q lao i t X • Colorado X X Weld-Grunt,Svh.,.kf3,.d.iet-RE 8 's' 6 Surrounding Property Owners/Mineral Owners -Letters X 7 PC Exhibits N/A N'' 7A Planning Commission Sign posting affidavit (i Ltdt.t�rij, Oran artfi) X 7B ?Iropcszed Ia ju • #y X I hereby certif that the items ide tiff herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissio rs hearing. `1. Torn Parko Planning Manager EXHIBIT 2011-2750 ,L 1861 -2011 • w E L`. O N TY LAND USE APPLICATION SUMMARY SHEET Planner: Tom Parko Case Number: USR-1789 Hearing Date: November 1, 2011 Applicant: Cannon Land Company, do EnCana Natural Gas, Inc. Site Address: No Situs Address on Record. 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: Part of the S1/2 of the SW1/4, Section 11, T2N, R66W of the 61h PM. SE 1206. Location: North of and adjacent to County Road 22 and approximately 1.5 miles east of County Road 31. Size of Parcel(s): 19.3 ±Acres Parcel Number(s): 1309-11-3-00-007 • POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: Without Comments: • Colorado Parks and Wildlife, referral dated August 2, 2011 • Fort Lupton Fire Protection District, referral dated August 15, 2011 • City of Fort Lupton, email dated September 6, 2011 • Town of Platteville, referral dated, July 29, 2011 • Division of Water Resources, referral dated July 18, 2011 • Weld County Zoning Compliance, referral dated July 15, 2011 • Weld County Sherriffs Office, referral dated July 14, 2011 With Comments: • Weld County Department of Public Works, referral dated August 15, 2011 • Weld County Dept. of Public Health and Environment, referral dated September 28, 2011 The following agencies have not responded: EXHIBIT • Weld County Building Inspection Department •• • Colorado Department of Transportation• Brighton Soil Conservation District I.C� • Weld County School District RE-8 (.is1�- 17 USR-1789, Cannon Land Company, c/o EnCana Natural Gas, Inc, Page 1 1 8 6 1 -20 I I SPECIAL REVIEW PERMIT • 1i''(�� ADMINISTRATIVE REVIEW WELT O NTY u Planner: Tom Parko Case Number: USR-1789 Hearing Date: November 1, 2011 Applicant: Cannon Land Company, c/o Encana Natural Gas, Inc Site Address: No Situs Address on Record. 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: Part of the S1/2 of the SW1/4, Section 11, T2N, R66W of the 6`h PM. SE 1206. Location: North of and adjacent to County Road 22 and approximately 1.5 miles east of County Road 31. • Size of Parcel(s): 19.3±Acres Parcel Number(s): 1309-11-3-00-007 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED 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. USR-1789, Cannon Land Company, c/o EnCana Natural Gas, Inc, Page 2 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 conducted prior to construction. d) Adequate fire protection. The Fort Lupton Fire Protection District serves this property. 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 USR-1789, Cannon Land Company, c/o EnCana Natural Gas, Inc, Page 3 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) 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) USR-1789, Cannon Land Company, Go EnCana Natural Gas, Inc, Page 4 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. 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 USR-1789, Cannon Land Company, c/o EnCana Natural Gas, Inc, Page 5 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 dhuerteraco.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) • S USR-1789, Cannon Land Company, c/o EnCana Natural Gas, Inc, Page 6 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 USR-1789, Cannon Land Company, c/o EnCana Natural Gas, Inc, Page 7 be operated in accordance with the approved "dust abatement plan", at all times. (Department of Public Health and Environment) • 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 USR-1789, Cannon Land Company, c/o EnCana Natural Gas, Inc, Page 8 for best management practices. • 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. USR-1789, Cannon Land Company, c/o EnCana Natural Gas, Inc, Page 9 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, 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. • • USR-1789, Cannon Land Company, do EnCana Natural Gas, Inc, Page 10 • DEPARTMENT OF PLANNING SERVICES 1861 - 201 I 1555 N 17th AVE GREELEY, CO 80631 PHONE: (970)353-6100, Ext. 3540 FAX: (970)304-6498 WELIL_ _eOUNTY u August 22,2011 Cannon Land Company c/o Cathi Boles Encana Natural Gas, Inc. 370 17th St., Ste 1700 Denver CO 80202 Subject: USR-1789-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 on a parcel of land described as Lot B of Amended Corrected Recorded Exemption 1474; being part of the S2SE4 of Section 11, T2N, R66W of the 6th P.M., Weld County, Colorado. • Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on September 20, 2011, at 1:30 p.m. A subsequent hearing will be held on October 5, 2011 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway(access drive)intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at Mtp://www.co.weld.co.us/DepartmentslPlannincRoninq/PlanningDepartment/index.html If you have any questions concerning this matter, please call. Respesff�dw Digitally signed by Kristine Ranslem n:Reaso I am the author of this document / n4/1// // Location:1555 N 17th Ave (//J// afiU Date:2011.08.2213:32A0-06'00' Tom Parko Planner • PLANNING COMMISSION SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS SEPTEMBER 23, 2011. THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT- OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, TOM PARKO , HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR USR-1789 IN THE AGRICULTURAL ZONE DISTRICT. Tom Parko Name of Person Posting Sign / aeb Signature of Person Posting Sign STATE OF COLORADO ) ) ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this 1iay of ,xeo1/ , 2011. WITNESS my hand and official seal. 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'+.�.Ffa' � l�'prE. `. > 1IL � ' :� r..t F} ) 4 Y- �S . + .�� ! •' j ,.l r `M' t r- �t+•.-'i .1 4 . 1, kA ,i , r .�1� 1t ._ ,.. r 'pie..IPr �rI •C .tN %it: • 7 - - ..i.:-{ti-4! ... V..�, I1 ,'.ritiaC .•Ile .LL.krt >cf_.--.'+ Y'_,.•.• - - ID • 4 FIELD CHECK Inspection Date: August 1, 2011 • Applicant: Cannon Land Company, c/o Encana Natural Gas, Inc. Case #: USR-1789 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: Part of the S1/2 of the SW1/4, Section 11, T2N, R66W of the 6th PM. SE 1206. Location: North of and adjacent to County Road 22 and approximately 1.5 miles east of County Road 31. Parcel ID #: 1309-11-3-00-007 Acres: 19.6 + Zoning Land Use N "A" Agriculture N Pasture /Agrarian E "A" Agriculture E Pasture /Agrarian S "A" Agriculture S Industrial • W "A" Agriculture W Industrial Comments: No improvements on the property. Similar uses to the proposed proiect are located immediately to the west and to the south. /2(/< -6 Signature House(s) Derelict Vehicles Outbuilding(s) ❑ Non-commercial junkyard (list components) Access to Property ❑ Irrigation Sprinkler o Crop Productions ❑ Crops o Site Distance ❑ Wetlands ❑ Mobile Home(s) o Oil & Gas Structures ❑ Other Animals On-Site o Wildlife o Water Bodies o Utilities On-Site (transmission lines) • Ditch o Topography Note any commercial business/commercial vehicles that are operating from the site. Kristine Ranslem ct:: Kristine Ranslem Friday, July 15, 2011 3:08 PM 'cathi.boles@encana.com' Subject: Case USR-1789 Attachments: Applicant letter.pdf; image003.png Please see the attached letter. If you have any questions, please let us know. Thank you! K.risti.v&e rzawsleva Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 N♦ 'Pit W rYD-fl.CJ''NIT u Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for e person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise tected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. • 1 DEPARTMENT OF PLANNING SERVICES • 1 8 6 1 - 2 0 1 I 1555 N 17th AVE . GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 _ V FAX: (970) 304-6498 WELD ' O U N T Y u July 15, 2011 Cannon Land Company do Cathi Boles Encana Natural Gas, Inc. 370 17th St., Ste 1700 Denver CO 80202 Subject: USR-1789- Request for 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 on a parcel of land described as Lot B of AmCorrectedRE-1474; being part of the S2 SE4 of Section 11, T2N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicants: • Your application and related materials for the request described above are being processed. I will schedule a meeting with you to discuss the referrals after we have received them. Once the concerns and requirements of the referral agencies have been met or the applicant has shown an attempt to meet their concerns and requirements, a Planning Commission Hearing will be scheduled. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Ft. Lupton and Platteville Planning Commission for their review and comments. Please call Ft. Lupton at 303-857-6694 and Platteville at 970-785-2245 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Ft. Lupton and Platteville Planning Commission meeting to answer any questions the Commission members may have with respect to your application. If you have any questions concerning this application, please call. Respectfully. Digitally signed by Kristine Ranslem Reason:I am the author of this document �,�pU .U1/ Location:1555 N 17th Ave / ��'�/ qo Date:2011.07.1515:06:28-06'00' Tom Parka Planner • 7-Day Completeness Review Applicant: Cannon Land Company, do Encana Natural Gas, Inc. Case#: Pending USR-1789 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. (Department of Planning Services) Legal Description: Part of the S1/2 of the SE1/4, Section 11, T2N, R66W of the 6'h PM. Lot B of Corrected RE-1474. Location: North of and adjacent to CR 22 and east of and adjacent to CR 33. Size of Parcel: 54.54 +/-acres Parcel Number(s): 1309-11-3-00-007 RETAIN PACKET AS ENTIRE APPLICATION • ❑ Public Works ❑ Health ❑ Building ❑ Planning Comments: Date: Comments Due No Later than June 28, 2011 Questions, call x 3572. Thanks, Tom Reference Code Sections 23-3-40.A.1 and 23-3-40.A.2 Please note that the applicant has applied for a Subdivision Exemption (SE) to locate the proposed facility on. Please refer to SE-1206. • RECEWED JUN 2 9 /in • 1861 - 20 i 1 MEMORANDUM Weld Co TO: Tom Parko, Planning Services DATE: June 24, 2011 W E L D___eJ0 U N T Y FROM: Heidi Hansen, P.E., Public Works Department Sul SUBJECT: 7-Day Completeness Review—Cannon Land Company do Encana Natural Gas, Inc. I have reviewed the 7-Day Completeness Review. Public Works shall be looking for five critical items: ➢ Site Plan—Submitted ➢ Traffic Study—Not Required—Estimate Submitted ➢ Preliminary Drainage Report— Full Report Not Required— Please provide the calculations for sizing the Water Quality Depressions. The areas should conform to the methodology outlined in Volume 3, Section 4.4.2 of the Urban Storm Drainage Criteria Manual. The procedures for calculating the required volume are attached. If you need assistance with the calculations please contact Heidi Hansen at 970-304-6496 x3750. ➢ Geotechnical Report- Not Required ➢ Flood Hazard Development Standards—Not in a FEMA Floodplain This phase of the planning process is a content review of the submitted materials, NOT a technical review. Comments made during this phase of the process will not be all-inclusive. The Public Works • Department will perform a detailed technical review of the project once the submittal application is deemed acceptable and is promoted to the review phase of the planning process. Public Works does not have adequate information to review this submittal. Please submit the following items: • Water Quality Depression Calculations pc: 7-Day Completeness, Encana • 'J:\Referrals\7-Day Completeness\Encana\Encana 7-Day.docx 7-Day Completeness Review Applicant: Cannon Land Company, do Encana Natural Gas, Inc. Case#: Pending USR-1789 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. (Department of Planning Services) Legal Description: Part of the S1/2 of the SE1/4, Section 11, T2N, R66W of the 6t" PM. Lot B of Corrected RE-1474. Location: North of and adjacent to CR 22 and east of and adjacent to CR 33. Size of Parcel: 54.54+/-acres Parcel Number(s): 1309-11-3-00-007 RETAIN PACKET AS ENTIRE APPLICATION ❑ Public Works n Health ❑ Building ❑ Planning • Comments: at A ete, j4p /�2€-Vnc& � ?22L1? Z' LS1a` GO-024 - f lamina 02c r -0 -4 / �� si b 4-�� ,. ( ct c of a l> �cz% / � a%rLe Date: Comments Due No Later than June 28, 2011 Questions, call x 3572. Thanks, Tom Reference Code Sections 23-3-40.A.1 and 23-3-40.A.2 Please note that the applicant has applied for a Subdivision Exemption (SE) to locate the proposed facility on. Please refer to SE-1206. • Tom Parko Lauren Light nt: Thursday, June 30, 2011 10:54 AM .om: : Tom Parko Subject: RE: CANNON IAND 7-DAY revew Attachments: image004.png; image003.png 1. Include the name, address and phone number of the waste handler in the waste handling plan. 2. If phase 3 will be up and running within 6 months we are o.k. with bottled water and portable toilets until that time, or let us know a specific time frame we can work with. Otherwise we will require permanent water and septic. A cistern is not allowed for water if another water source is available. 3. Include in the dust control plan where the water will be coming from for dust control. For example which company would haul in water if necessary to apply to the area. Maybe they have their own water trucks? Lauren Light, M.B.S. Environmental Planner, Environmental Health Services Weld County Department of Public Health & Environment Ill5 N. 17th Ave. eeley, CO 80631 Ilight@co.weld.co.us 970-304-6415 Ext. 2211 (office) 970-304-6411 (fax) Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Tom Parko Sent: Wednesday, June 29, 2011 10:56 AM To: Lauren Light Subject: CANNON IAND 7-DAY • Tom Parko, M.A., CFM 1 1 WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 1555 N 17TH AVENUE GREELEY, CO 80631 PHONE:970-353-6100, EXT.3540/FAX: 970-304-6498 Date: 7. /Z 20 I/ Receipt No. Received From: f i)r „t 4 i'c Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH C;sf; rO 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD •4221-MINOR/MAJOR SUB l q\\c,tik`a�., • / °V` p} , e #OF BUILDABLE LOTS Jw AN, D`� 4221-ADDITIONAL 30% FEE FOR SUB's �oc- r SE t2°4 4221-RE-SUBDIVISIONS j1ot, `may y1-ppru'l1/4-0 � t�tt LAS Ou 4221-BOA uSc •C''r 4221-ZPCV/ZPAS ,uF $� cv.,��) D1/4.44 4430-MAPS/POSTAGE (7•J4 J a µ1c_,) ! 4430-COPIES �r ��, 1s ` 4730-INVESTIGATION FEE 6560-RECORDING FEE ��// ❑ CASH VISOR NO. /l QV`I O CREDIT CARD TOTAL FEE 47,..< <. Receipted By: T 7. DL# Exp. • encana. Encana Natural Gas Inc. CITIBANK N.A No. 100146 370 17th Street,Suite 1700 (303)623-2300 399 Park Avenue natural gas '. Denver, 80202 New York,Ne2w oVpo k 10043 C ��M■ ' 1 COCEO � Jo9Bi?NOT PRESENTED FOR PAYMENT WITHIN 180 DAYS EXACTIYC��VWdOaJVW 4�7 CHECK NUMBER GATE PAY EXACTLY H4Y 0 100146 May-12-2011 1t $2,500.00 Two Thousand Five Hundred Dollars Only TO Weld County Planning Department THE ORDER OF 918 10 St Greeley CO 80631 United States encana. Encana Natural Gas Inc. 370 17th Street.Suite 1700 (303)823-2300 Page 1 of 1 re/^ \ Denver, CO 80202 VENDOR NMIE VENDOR NO. CHECK DATE CHECK NUMBER N AMOUNT Weld County Planning DepaNnent 1464438 May-12.2011 100144 62,500.00 TOTAL PRIOR PMTS NET VOUCHER VENDOR INV. w INV. DATE AMOUNT & DISCOUNTS AMOUNT •12691277 1454438-050911A 05/09/11 2500.00 .00 2500.00 Weld County SPR Appl Fee TOTAL INVOICES PAID 2500.00 .00 2500.00 • [Wine APPLICATION FLOW SHEET COLORADO APPLICANT: Cannon Land Co.,do Encana Natural Gas Inc. •SE#: USR-1789 QUEST: 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) LEGAL: SE-1206. Being part of the S1/2 of the SE1/4,Section 11,T2N, R66W of the 6'"PM. LOCATION: North of and adjacent to CR 22 and east of and adjacent to CR 33. PARCEL ID#'s: 1309-11-3-00-007 ACRES: 19.3± DATE BY Application Received 6.9.11 TP Application Complete 7.12.11 TP Referrals returned Meeting with applicant 01.14.11 Pre-Application Neighborhood Meeting Referrals Listed 7.12.11 TP File Assembled Chaindexed Step#1 Referrals Mailed Step#1 Letter to Applicant Mailed Hearing Date: Action: Utility Board Date: PC Sign to be Posted: Referrals Listed Step#2 Referrals Mailed Step#2 Letter to Applicant Mailed Step#2 Surrounding Property Letters Mailed r7/61 11 F-F Date Public Notice Published in County Newspaper Planning Technician Maps Prepared Field Check by DPS Staff Planning Commission Resolution Sent to Applicant Planning Commission Meeting Minutes Filed in Case Case Sent to Clerk to the Board CC Hearing: Action: CC Sign to be Posted: Plat and/or Resolution Recorded Illcorded on Maps and filed ierlay Districts Zoning Agricultural MUD YesNo_X_ IGA Yes_ No_X_ Airport YesNo_X_ Geologic Yes No_X_ Flood Hazard YesNo_X_ Road Impact Area WELD Hello