HomeMy WebLinkAbout20100619.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: AmUSR-1679
APPLICANT: JLW Investment, LLC
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Amended Use by Special Review Permit
for an Oil and Gas Support Facility(install additional tanks and office trailer in an
existing Class II-Oilfield Waste Disposal Facility) in the A(Agricultural Zone
District).
LEGAL DESCRIPTION: Lot B RE-748; located in Part of the NE4 of Section 18, T6N, R63W of the 6th
P.M.,Weld County, Colorado.
LOCATION: North of and adjacent to State Hwy 392 and approximately 1/4 mile east of CR
61.5.
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 22-4-140.8 EP Goal 2 states: "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."
Section 22-4-140.8.1 EP Policy 2.1 states: "In reviewing the operational and reclamation
plans for solid and brine waste disposal facilities, the County should impose such conditions
as necessary to minimize or eliminate the potential adverse impact of the operation on
surrounding properties and wildlife resources."
No referral response has been received from the Division of Wildlife. No written or phone
correspondence has been received from any surrounding property owner(s). Development
Standards and Conditions of Approval will ensure compatibility with existing surrounding land
uses.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Section 23-3-40.A.2 of the Weld County Code provides for Oil and Gas Support
and Service as a Use by Special Review in the A(Agricultural) Zone District.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The proposed facility is located approximately 500-600 feet from
three existing residences within the platted townsite of Barnsville and approximately 250-300
feet north of an existing residential lot. Unimproved parcels are located to the north and east
of the site. An agricultural parcel is located to the south (across State Highway 392).
Development Standards and Conditions of Approval will ensure compatibility with existing
surrounding land uses. The applicant is proposing to haul predominately during daylight
hours. The application limits the total number of truck to 30 per day(any further increase in
trips will require CDOT approval) and will be accessing the site via a State Highway.
Development Standards and Conditions of Approval will mitigate impacts and ensure
compatibility with existing surrounding land uses.
EXHIBIT
s
2010-0619 i () . -11p-1
Resolution AmUSR-1679
JLW Investment, LLC
Page 2
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 does not lie within the three mile referral area of any municipality
and/or county.
E. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code.
The existing site is not within a recognized overlay district, including the Geologic Hazard,
Flood Hazard or Airport Overlay District. The existing site is within the County-wide Road
Impact Fee Area and the Capital Expansion Impact Fee Area. Effective January 1, 2003,
Building Permits issued on the proposed lots 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 proposed lots 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 site is classified as
"Irrigated Land-Not Prime" per the 1979 Soil Conservation Service Important Farmlands of
Weld County Map.
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 AMUSR-1679 (Department of Planning Services)
C. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
2) The approved Lighting Plan. (Department of Planning Services)
3) The access shall be indicated with%"rock for either a minimum of 300-feet onsite or
for 100-feet with double cattle guards. (Department of Public Works)
4) The plat shall indicate the site layout(onsite roads and layout)as it has been built as
well as the additional improvements specified under this amendment. (Department of
Public Works)
D. The applicant shall address the requirements of the Colorado Department of Transportation
(CDOT) in regards to the access to the site. The applicant shall provide written evidence to
the Department of Planning Services that the access has been constructed to CDOT and
approved by CDOT. (Colorado Department of Transportation)
Resolution AmUSR-1679
JLW Investment, LLC
Page 3
E. The applicant shall enter into an Improvements Agreement with the County to ensure that all
improvements are completed per the accepted design.The agreement and form of collateral
shall be submitted for and reviewed by the Departments of Planning Services and Public
Works and accepted by the Board of County Commissioners prior to recording the Use by
Special Review plat. Or the applicant may submit evidence that all work has been completed
and approved by the Department of Public Works and Planning Services. (Department of
Public Works)
F. The applicant shall address the requirements(concerns)of the Weld County Department of
Public Works,as stated in their referral response dated February 3,2010. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Public Works)
G. The applicant shall file an amended Air Pollution Emission Notice with the Colorado
Department of Health and Environment's (CDPHE) Air Pollution Control Division.
(Department of Public Health & Environment)
H. If appropriate, Stormwater Discharge Permit coverage shall be obtained from the CDPHE
Water Quality Control Division for construction activities. (Department of Public Health &
Environment)
The applicant shall submit evidence to the Weld County Department of Public Health and
Environment and the Department of Planning Services,from the Colorado Division of Water
Resources, demonstrating that the water supply well is appropriately permitted for the
commercial use. (Department of Public Health & Environment)
J. A concrete secondary containment structure (floor and walls) surrounding each tank or
battery of tanks shall be constructed. The volume retained by the structure shall be 150%
greater than the volume of the largest tank inside this structure. A registered professional
engineer shall design the structure. The structure shall prevent any release from the tank
system from reaching land or waters outside of the containment area. The operator shall
provide evidence from the engineer to the Weld County Dept. of Public Health and
Environment (WCDPHE) indicating that the structure has been constructed to meet this
criterion. (Department of Public Health & Environment)
K. 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 &
Environment)
L. The applicant shall install the approved individual sewage disposal system (I.S.D.S.) for
sewage flow from the proposed office trailer(SP-0800131). (Department of Public Health&
Environment)
M. Financial Assurance posted with COGCC 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, in writing, to the
WCDPHE that the appropriate financial assurance has been obtained. (Department of Public
Health & Environment)
N. 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)
2. Upon completion of 1. 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
Resolution AmUSR-1679
JLW Investment, LLC
Page 4
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 ninety(90)days from the date of the Board of
County Commissioners resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
3. 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 dhuerterCcilco.weld.co.us (Department of Planning Services)
4. Prior to the Release of Building Permits for any future construction, alterations or change of
occupancy (not including improvements associated with Condition 1.K:
A. A building permit application must be completed and two complete sets of plans including
engineered foundation plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. A geotechnical engineering report performed by a
registered State of Colorado engineer shall be required. (Department of Building Inspection)
B. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following codes have been adopted by the County and are
being enforced: The 2006 International Building, Residential, Plumbing, Mechanical, Fuel
Gas and Energy Conservation Codes, and the 2008 National Electrical Code. (Department
of Building Inspection)
C. A plan review shall be approved and a permit must be issued prior to the start of
construction. (Department of Building Inspection)
D. A letter from the Galeton Fire Protection District shall be submitted indicated whether or not a
permit will be required from the fire protection district. (Department of Building Inspection)
Motion seconded by Bill Hall.
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.
Resolution AmUSR-1679
JLW Investment, LLC
Page 5
• 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 March 2, 2010.
Dated the 2nd of March, 2010.
Kristine Ranslem
Secretary
•
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JLW Investment, LLC
AMUSR-1679
1. A Site Specific Development Plan and Amended Special Review Permit for an Oil and Gas Support
Facility(install additional tanks and office trailer in an existing Class II Oilfield Waste Disposal Facility
and a Solids Recovery System) in the A(Agricultural) Zone District.
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. 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)
6. Adequate drinking water, hand washing, and toilet facilities shall be provided. (Department of Public
Health and Environment)
7. 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
Review permit. (Department of Public Health and Environment)
8. Any wastes generated on the facility shall be disposed in accordance with the Colorado solid Waste
Act, Section 30-20-100.5, C.R.S., or other appropriate rule, regulation, or law. (Department of Public
Health and Environment)
9. The maximum permissible noise level shall not exceed the industrial limit of 70 dB(A), as measured
according to Section 25-12-103, CRS. (Department of Public Health and Environment)
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public
Health and Environment)
11. All chemicals stored on-site must be stored secure,on an impervious surface,and in accordance with
manufacturer's recommendations. (Department of Public Health and Environment)
12. The facility shall comply with Colorado Air Quality Control Commission Regulations and any air
permits issued by the Colorado Department of Health and Environment Air Pollution Control Division.
(Department of Public Health and Environment)
13. All liquid wastes received at the facility shall be unloaded on the unloading pad. 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)
14. Any analysis of waste shall be forwarded to the Weld County Health Department, Environmental
Health Services Division. The Division reserves the right to require additional, more extensive
monitoring at a later date. (Department of Public Health and Environment)
15. The facility must comply with the laws, standards, rules and regulations of the Air Quality Control
Commission, the Water Quality Control Commission, the Hazardous Materials and Solid Waste
Division, the Colorado Oil and Gas Conservation Commission, any other applicable agency, and all
applicable Weld County Code. (Department of Public Health and Environment)
Resolution AmUSR-1679
JLW Investment, LLC
Page 7
16. Any liquid or 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)
17. Any contaminated soils on the facility shall be stored on an impervious surface where any storm water
that comes into contact with the soils would be contained. These wastes shall be stored, removed,
treated, and disposed of in accordance with all applicable rules and regulations. (Department of
Public Health and Environment)
18. 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 Public
Health and Environment)
19. The facility shall comply with the approved groundwater monitoring plan.(Department of Public Health
and Environment)
20. 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 Weld County Department of Public Health and Environment or the Colorado Department of
Public Health and Environment, a comprehensive site-wide storm water plan shall be developed and
implemented. The plan must be approved, in writing, prior to implementation by the Weld County
Department of Public Health and Environment and the Colorado Department of Public Health and
Environment. (Department of Public Health and Environment)
21. The facility shall operate in compliance with the rules and regulations of the Colorado Oil and Gas
Conservation Commission. (Department of Public Health & Environment)
22. 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)
23. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases, diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
24. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the
property or become established as a result of the proposed development, the applicant/landowner
shall be responsible for controlling the noxious weeds. (Department of Public Works)
25. The maximum number of employees employed at the site shall be two(2). (Department of Planning
Services)
26. The maximum number of trucks currently permitted to access the site shall be thirty (30). Any
proposed increase in truck trips above thirty (30) per day will require written approval from the
Colorado Department of Transportation. (Department of Planning Services)
27. Buildings 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 Residential Code; 2006 International Mechanical Code; 2006 International
Plumbing Code; 2006 International Fuel Gas and Energy Code;and the 2008 National Electrical Code
and Chapter 29 of the Weld County Code. (Department of Building Inspection)
29. A building permit shall be obtained prior to the construction of equipment, buildings or structures.
(Department of Building Inspection)
30. Hauling hours shall be limited to 7:00AM until 7:00PM daily. (Department of Planning Services)
Resolution AmUSR-1679
JLW Investment, LLC
Page 8
31. Sources of light shall be shielded so that light rays will not shine directly onto Adjacent properties
where such would cause a nuisance or interfere with the Use on the Adjacent properties;and neither
direct nor reflected light from any light source may create a traffic hazard to operators of motor
vehicles on Public or private Streets and no colored lights may be used which may be confused with
or construed as traffic control devices. (Department of Planning Services)
32. 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)
33. Effective August 1, 2005, Building Permits issued on the proposed lots 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)
34. 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)
35. 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)
36. 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)
37. Personnel from Weld County Government 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)
38. 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)
39. 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)
Robert Grand moved that Case USR-1727 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 Jason Maxey.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Erich Ehrlich, absent; Robert Grand, yes; Bill Hall,yes;Alexander Zauder,yes; Jason Maxey,
yes; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair read the next case into record.
CASE NUMBER: AmUSR-1679
APPLICANT: JLW Investment, LTC
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Amended Use by Special Review Permit
for an Oil and Gas Support Facility (install additional tanks and office trailer in an
existing Class II- Oilfield Waste Disposal Facility) in the A (Agricultural Zone
District).
LEGAL DESCRIPTION: Lot B RE-748; located in Part of the NE4 of Section 18, T6N, R63W of the 6th
P.M., Weld County, Colorado.
LOCATION: North of and adjacent to State Hwy 392 and approximately 1/4 mile east of CR 61.5
Chris Gathman, Planning Services, commented that the applicant is proposing to install some additional tanks
to the existing site along with 10 by 24 foot office trailer.
All of the tanks are located within the earthen berm containment area originally specified under USR-1679.
Hours of operation, number of employees and number of trucks coming to the site will not change under this
proposed amendment.
The facility is located approximately 500 to 600 feet east from three residences within the platted townsite of
Barnesville and approximately 250 to 300 feet north of an existing residential lot. Unimproved parcels are
located to the north and east of the site.
Development Standards and Conditions of Approval will ensure compatibility with the existing surrounding land
uses. The applicant is proposing to haul predominantly during daylight hours. The application limits the total
number of trucks to 30 per day; any further increase in trips will require approval from CDOT.
Nine referrals were sent to outside referral agencies; four(4) referrals were received and either indicated no
concerns or are addressed through development standards and conditions of approval. No response was
received from the Colorado Oil and Gas Commission,Weld County Sheriff,Colorado Division of Wildlife,and
the Galeton Fire Protection District. No phone calls, letters or correspondence have been received from
surrounding property owners.
The Department of Planning Services recommends approval of this application along with the attached
development standards and conditions of approval.
Heidi Hansen, Public Works, commented that CDOT has jurisdiction over the access since it is State Highway
392. Public Works is requesting 100 feet of pavement with two sets of cattle guards or 300 feet of pavement.
Ms. Hansen stated that they have requested a revised site plan because the existing onsite road layout is
different from what was originally designed. Public Works is working with the applicant and their engineer on a
revised drainage report. The site is not located in a FEMA floodplain. An improvements agreement is
requested to ensure that everything is completed as designed.
Troy Swain, Environmental Health, commented that this amendment includes some minor additions from the
original USR-1679. This facility is on a routine inspection list.
Jesse White, 351 Glen Coach St, Denver CO. Mr. White commented that this is a minor addition to the
facility. He added that in reality they had planned on this from the start but there was a misunderstanding on
EXHIBIT
' C
how to denote the additional tanks.
Commissioner Maxey clarified if an office building is proposed. Mr.White said that the office trailer was part
of the original plan also; however they don't plan to build that building but rather place a trailer there instead.
He added that the specs on the building have not been determined yet.
Mr. White referred to Condition of Approval 1.C.3 in regard to paving the access and added that this condition
was not included in the original USR-1679. He said that nothing is changing in regard to traffic impact;
therefore he doesn't understand why that is a requirement under this amendment.
Commissioner Spitzer asked if this condition was required on the original USR. Ms. Hansen said it was not.
Commissioner Maxey asked if this was a standard two years ago when the original USR was approved. Ms.
Hansen said that it was not and was told to review this as a new application and not as an amendment.
Commissioner Holton commented that things change over time and added that he agrees with staff in that this
is a new application and that some type of tracking pad is necessary. Mr.White proposed gravel or recycled
asphalt rather than pavement to reduce his costs.
Commissioner Grand said that we have been consistent with paving the 300 feet or 100 feet with double cattle
guards. Ms. Hansen said that they have been recommending this standard consistently to aide in the tracking
control. Mr. Holton expressed that he feels VI' rock works a lot better than pavement because with pavement
it stays and then the trucks track through it. Ms. Hansen agreed and added that that is why they like the
double cattle guards because they are easier to clean out. Mr. Grand asked if rock is an alternative to paving.
Mr. Holton replied yes and added that the cattle guards are necessary.
Commissioner Maxey commented that in previous hearings we required the pavement and asked how
consistent we want to be. Mr. White commented that they would prefer the%" rock or recycled asphalt; he
would like to clarify if the rock applies to the 300 feet or 100 feet with double guards.
Robert Grand moved to amend Condition 1.C.3 to read"The access shall be indicated with%"rock for either a
minimum of 300-feet onsite or for 100-feet with double cattle guards", seconded by Bill Hall. PAYS: Roy
Spitzer, Robert Grand,Alexander Zauder, Bill Hall, Nick Berryman, Mark Lawley,Tom Holton; NAYS: Jason
Maxey.
Mr. White asked to remove Condition 1.C.4 in its entirety because it comes in conflict with the timing of
everything. He believes it is inconsistent with rest of the USR. Ms. Hansen commented that they are
requesting the revised site plan because the onsite road layout is different from what was shown on the
original USR plat. Things were built differently and areas that were called out for detention areas for drainage
are not there because there are roads going through them. She added that they are working with the applicant
and that may be fine, but staff is asking that the final plat reflects what is actually there.
Dan Hull, Lamp, Rynearson and Associates,4715 Innovation Dr, Ft.Collins, CO. Mr. Hull commented that in
general the layouts are the same; however the road may have shifted 10 feet to the east. It did create a
conflict with the drainage that was originally proposed but they are working through that and believe that they
will come to a resolution on that. He added that they don't want any gaps in the applicant's future
improvements.
Mr. Gathman said that this is an amendment and there will be a new plat which will replace the original plat.
This will show the additional tanks. He added that it is important that it should show what is on site to show
compliance with the USR.
Mr. Hull said that they can make modifications; they only ask that it not show as constructed today, because
Mr.White is not done with his improvements. Ms. Hansen accepted that and added that they can show what
is proposed and what is existing. Staff suggested amending condition 1.C.4 to read "The plat shall indicate
the site layout(onsite roads and layout)as it has been built as well as the additional improvements specified
under this amendment".
Robert Grand moved to amend Condition 1.C.4 as suggested by staff, seconded by Mark Lawley. Motion
12
carried.
Mr. White noted that Conditions 1.D and 1.G appear to be duplicated and added that he hasn't received a
referral from Public Works dated 2/6/10 and asked to have one of them removed or the date changed.
Mark Lawley moved to delete Condition 1.D, seconded by Roy Spitzer. Motion carried.
Mr. White said that he is not clear of what the implications are of entering into an improvements agreement.
Ms. Hansen said that they would accept removing the first sentence in Condition 1.F regarding the layout of
the site. She added that they would like an improvements agreement for the access improvements as well as
any drainage improvements.
Bill Hall moved to amend Condition 1.F as recommended by staff,seconded by Robert Grand. Motion carried.
Mr.White wished to verify if Condition 1.K, as it relates to Development Standard 34,will not require him to get
permits for concrete construction of the containment. Mr. Gathman said that as far as the concrete if tanks
are going to be set on the concrete itself then they will have to provide some kind of evidence to the Building
Department that it is structurally adequate. If not then there is not an issue with getting a permit for that.
Troy Swain, Environmental Health,commented that he understands the new tanks will be set on the concrete;
therefore he will need to contact the Building Department. The existing tanks are already in place; therefore
the applicant will pour around those tanks. In the future if there is any tank replacement,those tanks will be on
top of the concrete structure.
Mr.White expressed that he didn't want it to conflict because as it states currently he cannot get a permit until
the plat is recorded but he can't build this until he gets a permit. Mr. Gathman said that since the
improvements are on site we want to make sure that they are in place prior to recording the plat.
While Mr. Gathman was working on language to amend this, Mr. White requested that with regard to
Condition 2 additional time be granted because there are a lot of things happening in 60 days (building
permits, etc).
Robert Grand moved to amend Condition 2 in regard to the number of days of submittal to 90 days, seconded
by Mark Lawley. Motion carried.
Mr. White wished to clarify if Condition 4.C allows that all the approvals will come in the 90 days.
Mr. Gathman returned to Condition 1.K and said that typically we have a note which states that no building
permits shall be released until the plat is recorded. He added that it is not specifically indicated here and
therefore recommended amending Condition 4 to read"Prior to the Release of Building Permit for any future
construction,alterations or change of occupancy(not including improvements associated with Condition 1.K)".
Mark Lawley moved to amend Condition 1.4 according to staffs recommendation, seconded by Roy Spitzer.
Motion carried.
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 AmUSR-1679 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 Bill Hall.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Erich Ehrlich, absent; Robert Grand,yes with comment; Bill Hall,yes with comment;Alexander
13
Zauder,yes; Jason Maxey, yes; Roy Spitzer,yes; Mark Lawley,yes; Tom Holton,yes with comment. Motion
carried unanimously.
Commissioner Grand commented that he thinks their time would have perhaps been a little better spent if
there would have been a little more prep work between the applicant and staff on some of these issues.
Commissioner Hall commented that an amendment was made with regard to replacing the pavement with
rock due to the low intensity of this operation.
Commissioner Holton commented that since an amendment was made with regard to the rock and cattle
guards he asked that Public Works consider this as an option in their future reviews.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss.
Commissioner Maxey asked what everyone's thought is regarding the process of Non-1041 applications,
specifically that the Planning Commission is the decision making body. Ms. Giauque commented that she
believes that there is a statutory authority for that and added that she would need to research it.
Kim Ogle, Planning Services, updated the Planning Commission on the findings regarding the distance of
notification to the surrounding property owners. Upon research from five(5)surrounding counties, three(3)
counties require 500 feet, one (1)county requires 1500 feet and one (1) requires '% mile.
Robert Grand inquired on when they can expect to see the proposal for code changes. Mr.Ogle said that staff
is currently formatting the changes and anticipates to schedule it soon.
Meeting adjourned at 5:10 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
14
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, February 2, 2010
A regular meeting of the Weld County Planning Commission was held in the Weld County Department of
Planning Services, Hearing Room, 918 10th Street, Greeley, Colorado. The meeting was called to order by
Chair, Tom Holton, at 1:30 p.m.
ROLL CALL ABSENT
Tom Holton- Chair
Mark Lawley-Vice Chair
Nick Berryman
Erich Ehrlich
Robert Grand
Bill Hall
Roy Spitzer
Alexander Zauder
Jason Maxey
Also Present: Chris Gathman, Michelle Martin,and Kim Ogle, Department of Planning Services; Don Carroll,
Heidi Hansen and Clay Kimmi, Department of Public Works; Lauren Light, Department of Health; Bruce
Barker, County Attorney, and Kris Ranslem, Secretary.
Robert Grand moved to approve the January 19,2010 Weld County Planning Commission minutes,seconded
by Jason Maxey. Motion carried.
The Chair read the first case into record.
CASE NUMBER: AmUSR-1679
APPLICANT: JLW Investment, LLC
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Amended Use by Special Review Permit
for an Oil and Gas Support Facility(install additional tanks and office trailer in an
existing Class II-Oilfield Waste Disposal Facility) in the A(Agricultural Zone
District).
LEGAL DESCRIPTION: Lot B RE-748; located in Part of the NE4 of Section 18,T6N, R63W of the 6th
P.M., Weld County, Colorado.
LOCATION: North of and adjacent to State Hwy 392 and approximately 1/4 mile east of CR 61.5
Chris Gathman, Planning Services, stated that staff is recommending that this case be continued to allow the
applicant to meet the mineral notification requirements per state statute. He recommended that this case be
continued to the next Planning Commission hearing on March 2, 2010.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Erich Ehrlich moved to continue Case AmUSR-1679 to the March 2, 2010 Planning Commission meeting,
seconded by Bill Hall. Motion carried.
The Chair read the first item on the Consent Agenda.
CASE NUMBER: USR-1694
APPLICANT: Keith Thoene
PLANNER: Michelle Martin
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Home
Business (storage of construction materials)in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot B RE-3050 being part of E2 NE4 in Section 25,T1 N, R65W of the 6th P.M.,
Weld County, Colorado.
LOCATION: West of and adjacent to CR 49 and south of and adjacent to CR 6.
1
- 5 -- 76
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, January 5, 2010
A regular meeting of the Weld County Planning Commission was held in the Weld County Department of
Planning Services, Hearing Room, 918 10`h Street, Greeley, Colorado. The meeting was called to order by
Chair, Tom Holton, at 1:30 p.m.
ROLL CALL ABSENT
Tom Holton -Chair
Mark Lawley -Vice Chair
Nick Berryman
Erich Ehrlich
Robert Grand
Bill Hall
Roy Spitzer
Alexander Zauder
Jason Maxey
Also Present: Michelle Martin,Chris Gathman, and Kim Ogle, Department of Planning Services; Don Carroll,
Janet Carter,and Clay Kimmi, Department of Public Works;Troy Swain,Department of Health; Bruce Barker,
County Attorney, and Kris Ranslem, Secretary.
Robert Grand moved to approve the December 1, 2010 Weld County Planning Commission minutes,
seconded by Erich Ehrlich. Motion carried.
The Chair read the first case into record.
CASE NUMBER: AmUSR-1679
APPLICANT: JLW Investment, LLC
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Amended Use by Special Review Permit
for an Oil and Gas Support Facility(install additional tanks and office trailer in an
existing Class II Oilfield Waste Disposal Facility) in the A(Agricultural)Zone
District.
LEGAL DESCRIPTION: Lot B RE-748; located in Part of the NE4 of Section 18,T6N, R63W of the 6th
P.M., Weld County, Colorado.
LOCATION: North of and adjacent to State Hwy 392 and approximately 1/4 mile east of CR
61.5.
Chris Gathman, Planning Services, stated that staff is recommending that this case be continued to the
February 2, 2010 hearing date. The applicant is in the process of providing an updated drainage report and
drainage information to the Department of Public Works. This will also allow staff adequate time to review the
information.
Roy Spitzer moved to continue Case AmUSR-1679 to the February 2, 1010 Planning Commission hearing,
seconded by Nick Berryman. Motion carried.
The Chair read the following case into record.
CASE NUMBER: AmUSR-625
APPLICANT: Aka Energy Group, LLC
PLANNER: Michelle Martin
REQUEST: A Site Specific Development Plan and Amended Use by Special Review Permit
for an Oil and Gas Support and Service(natural gas processing facility amended
to include an additional compressor and storage areas) in the A(Agricultural)
Zone District.
LEGAL DESCRIPTION: SE-218; being part of the SW4NW4 of Section 27,T5N, R64W of the 6th P.M.,
1
(anu�w vl r C,i- .oz«<) I-I 2-to
Hello