HomeMy WebLinkAbout20090198.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Robert Grand, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1679
APPLICANT: JLW Investment, LLC
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and a Use by Special Review Permit for an Oil
and Gas Support Facility (Class II - Oilfield Waste Disposal Facility) ithe A
(Agricultural) Zone District.
LEGAL DESCRIPTION: Lot B of RE -748; Part 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.
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 22-1-140.B 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 22-1-140.6.1 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."
The injection well facility has been reviewed by the Colorado Division of Wildlife which, in
their referral dated November 12, 2008, indicated no conflicts with their interests.
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
I
2009-0198
Resolution USR-1679
JLW Investment, LLC
Page 2
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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 site is currently in violation (ZCV08-00110) if this Use by Special Review application is approved and the
plat is recorded the property will be in compliance. If denied, all commercial equipment and improvements
shall be removed from the property; otherwise, the violation case will proceed accordingly.
A community meeting was not held for this application. However, the applicant (Jesse White) has indicated
that he has had discussions with the neighboring property owners immediately to the west in regards to this
use with the exception of a property that was recently foreclosed.
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-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 Landscape Plan. (Department of Planning Services)
3) Seventy -Feet (75 -feet) from the centerline of State Highway 392 shall be
indicated on the plat. (Colorado Department of Transportation)
Resolution USR-1679
JLW Investment, LLC
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4) The approved Lighting Plan. (Department of Planning Services)
5) Minimum radiuses for access shall be sixty (60) feet. (Department of Public
Works)
D. All required Air Emissions Permits must be filed with the Air Pollution Control Division,
Colorado 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)
E. A Ground Water Monitoring Plan shall be submitted to the Weld County Health
Department of Public Health and Environment for review and approval. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Public Health and Environment)
F. If appropriate, a Storm Water Discharge Plan shall be submitted to the Weld County
Department of Public Health and Environment and Colorado Department of Public Health
and Environment for review and approval. Evidence of such shall be submitted in writing
to the Weld County Department of Planning Services. (Department of Public Health and
Environment)
G. The applicant shall address the requirements (concerns) of the Weld County Department
of Public Works, as stated in their referral response dated November 13, 2008. Evidence
of such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Public Works)
H. The applicant shall enter into on -site (private) road maintenance agreement and post
adequate collateral for access, drainage and landscape/screening improvements. 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 Departments of
Public Works and Planning Services. (Departments of Public Works and Planning
Services)
The applicant shall submit a Landscape and Screening Plan to the Department of
Planning Services for review and approval. The landscape plan shall address screening
of the facility from the residences to the south and west of the site. (Department of
Planning Services)
J. A Lighting Plan, including cut sheets of the intended lights, shall be provided to the
Department of Planning Services for review and approval. The lighting plan shall adhere
to the lighting requirements for off-street parking spaces per Section 23-4-30.E of the
Weld County Code and shall adhere to the lighting requirements in accordance with
Section 23-3-360.F and 23-2-250.D of the Weld County Code. Further, the approved
lighting plan shall be indicated on the plat. (Department of Planning Services)
K. The applicant shall either submit to the Weld County Department of Planning Services a
copy of an agreement with the properties mineral owners/operators stipulating that the oil
and gas activities have adequately been incorporated into the design of the site or show
evidence that an adequate attempt has been made to mitigate the concerns of the
mineral owners. Drill envelopes can be delineated on the plat in accordance with the State
requirements as an attempt to mitigate concerns. The plat shall be amended to include
any possible future drilling sites. (Department of Planning Services)
L. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
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Resolution USR-1679
JLW Investment, LLC
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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 accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from
the date of the Board of County Commissioners resolution. The applicant shall be responsible for
paying the recording fee. (Department of Planning Services)
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 mapsco.weld.co.us. (Department of Planning Services)
4. Prior to final approval of pending building permits:
A. 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 the 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 Department of Public Health and
Environment (WCDPHE) indicating that the structure has been constructed to meet this
criterion. The Department will consider structures other than those constructed of
concrete so long as a registered professional engineer provides a certification indicting
that the proposed structure meets or exceeds the expected functionality of a concrete
structure in regard to containment, spills, unintended releases, etc. (Department of Public
Health and Environment)
B. A detailed design of the receiving area and contamination system shall be submitted to
the WCDPHE for review and approval. The receiving area shall be concrete, include a
chemical resistant coating, and shall be able to contain all spilled wastes, stormwater,
wash down water, and the volume of 150% of the largest truck/container disposing at the
facility. The design shall also include the method in which seams/cracks will be sealed to
prevent leakage through the pad. The receiving area and containment system shall be
constructed and operated in accordance with the approved design. (Department of Public
Health and Environment)
C. The applicant shall submit evidence to the Weld County Departments of Public Health
and Environment and Planning Services and the Colorado Oil and Gas Conservation
Commission that the facility was constructed in accordance with the application materials.
(Department of Public Health and Environment)
D. A copy of the drilling log shall be submitted to the Weld County Department of Public
Health and Environment. (Department of Public Health and Environment)
E. An individual sewage disposal system (I.S.D.S.) permit is required for sewage flow from
the proposed operations building. The system must be designed by a Colorado
Registered Professional Engineer and in accordance with Weld County I.S.D.S.
regulations. The design must be submitted to the Weld County Department of Public
Health and Environment for review and approval prior to installation. (Department of
Public Health and Environment)
Resolution USR-1679
JLW Investment, LLC
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F. Solids and sediment will accumulate in the storage tanks. The facility shall submit a
detailed plan that describes the method those solids will be removed, including all on -site
handling procedures and disposal. Any amendments to the approved plan shall be
submitted in writing to the Weld County Department of Public Health and Environment for
approval. The plan shall be reviewed and approved by the Department of Public Health
and Environment. (Department of Public Health and Environment)
G. A detailed closure plan shall be submitted to the 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)
H. The facility shall post financial assurance with the Colorado Oil and Gas Conservation
Commission (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 structure (including concrete) on the
facility. The site shall be returned to its original grade. In the event the COGCC does not
have the authority to require financial assurance for the entire cost required for third -party
closure, the facility shall post the remainder of the financial assurance with Weld County.
The facility shall submit evidence to the Weld County Departments of Public Health and
Environment and Planning Services that the appropriate financial assurance has been
obtained. (Department of Public Health and Environment)
5. Prior to the Release of Building Permits for any future construction, alterations or change of
occupancy:
A. A building permit shall be obtained prior to the construction of any new building, tanks or
support facilities. (Department of Building Inspection)
B. 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)
C. 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)
D. A plan review shall be approved and a permit must be issued prior to the start of
construction. (Department of Building Inspection)
E. 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 Tom Holton.
Resolution USR-1679
JLW Investment, LLC
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VOTE:
For Passage
Robert Grand
Bill Hall
Tom Holton
Doug Ochsner
Erich Ehrlich
Roy Spitzer
Against Passage Absent
Paul Branham
Mark Lawley
Nick Berryman
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 January 6, 2009.
Dated the 6th of January, 2009.
Kristine Ranslem
Secretary
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JLW Investment, LLC
USR-1679
1. The Site Specific Development Plan and Special Review Permit for an Oil and Gas Support
Facility (Class II Oilfield Waste Disposal Facility and solids recovery system) in the A (Agricultural)
Zone District and subject to the Development Standards stated hereon.
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. At a minimum, the pad shall be washed daily, with a jet hose to remove any waste
build-up. 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)
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Resolution USR-1679
JLW Investment, LLC
Page 8
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)
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 petroleum -contaminated soils on the facility shall be removed, treated or disposed 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. All contaminated soils shall be stored on an impervious surface where any stormwater that comes
into contact with the soils would be contained. (Department of Public Health and 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. Minimum radiuses for the access shall be sixty (60) feet to accommodate large trucks.
(Department of Public Works)
24. 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)
25. 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)
26. The maximum number of employees employed at the site shall be two (2). (Department of
Planning Services)
27. 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)
Resolution USR-1679
JLW Investment, LLC
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28. 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. Hauling hours shall be limited to 7:00AM until 7:00PM daily. (Department of Planning Services)
30. The Landscaping/Screening on site shall be maintained in accordance with the approved
Landscape/Screening Plan. (Department of Planning Services)
31. Sources of light, including light from high -temperature processes such as combustion or welding,
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)
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)
37. 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)
38. 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)
39. 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)
40. 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)
41. 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)
42. The applicant shall notify drivers of large trucks, through the placement of a sign on the facility
property, that the use of "fake brakes" upon entering or exiting the facility is prohibited.
(Department of Planning Services)
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The Chair asked the applicant if they read through the amended Development Standards and Conditions of
Approval and if they are agreement with those. The applicant replied they are in agreement.
Commissioner Ochsner said that he drives by this location quite often and as far as compatibility it fits ideally
where it is. He considers this area light industrial and not heavy. He added that it is unfortunate that the Town
of Windsor does not want to annex it. The stipulations put an undue burden on the private property rights in
the Urban Growth Plan for Windsor and Severance.
Commissioner Holton agreed with Mr. Ochsner and said it won't change the gateway because they will not
change how the property looks. He referred to the Industrial Goals in the Comp Plan Section 22-2-80 and said
in his opinion it meets all of the requirements.
Commissioner Hall agreed with the previous comments and added that there will be little to no change. It will
be a farmhouse with mowers stored behind it.
Robert Grand moved that Case USR-1667, 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 based upon Section 22-2-80, 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; Paul Branham, absent; Erich Ehrlich, abstain; Robert Grand, yes with comment;
Bill Hall, yes; Mark Lawley, absent; Roy Spitzer, yes; Tom Holton, yes; Doug Ochsner, yes with comment.
Motion carried unanimously.
Commissioner Berryman commented his vote is due to the recent precedent with USR-1497 granted by
the County across Highway 392.
Commissioner Grand commented that we want to be supportive of our relationships with the towns;
however in this case it places an undue restriction on individual property rights which he doesn't think is
appropriate.
Commissioner Ochsner cited Section 22-2-110.C.1 which states that the County may consider approving
a land use development within an Urban Growth Boundary if all four specific criteria are met.
Unfortunately, staff came up with UGB Policy 3.1.1 that the adjacent municipality does not consent the
annex land or property in a timely manner or annexation is not legally possible. Mr. Ochsner believes that
the applicant has proved that a timely manner and undue restrictions would make annexation impossible.
Mr. Ochsner also cited UGB Policy 3.1.3 "The proposed use attempts to be compatible with the adjacent
municipality's comprehensive plan." He added that as far as compatibility it fits the area extremely well
and he believes the applicant will be a benefit to both the County and to the city it neighbors.
The Chair read the next case into record.
— CASE NUMBER: USR-1679
APPLICANT: JLW Investment, LLC
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and a Use by Special Review Permit for an Oil
and Gas Support Facility (Class II - Oilfield Waste Disposal Facility) in the A
(Agricultural) Zone District.
LEGAL DESCRIPTION: Lot B of RE -748; Part 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.
Chris Gathman, Planning Services, stated that 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.
7
The applicant is proposing to haul predominately during daylight hours, 7 am to 7 pm. The application
limits the total number of truck trips to 30 per day (any further increase in trips will require CDOT approval)
and will be accessing the site via a State Highway.
Nine referrals were sent out; seven Referrals were received and either indicated no concerns or are
addressed through development standards and conditions of approval. No referral responses were
received from the State of Colorado, Oil & Gas Commission and the Galeton Fire Protection District.
The site is not located within the 3 -mile referral area of any municipality.
No letters or phone calls from surrounding property owners have been received.
The site is currently in violation (ZCV08-00110). If this Use by Special Review application is approved and
the plat is recorded the property will be in compliance. If denied the violation case will proceed
accordingly.
The applicant, Jesse White, has indicated that he has had discussions with the neighboring property
owners immediately to the west in regard to this use with the exception of a property that was recently
foreclosed.
The Department of Planning Services is requiring a landscape and screening plan and a lighting plan be
submitted as a condition of approval for this case.
The Department of Planning Services recommends approval of this application with the attached
development standards and conditions of approval.
Commissioner Holton said the application states an irrigation facility and asked if it is an injection well. Mr.
Gathman clarified that it is an injection well.
Jesse White, JLW Investments, said the facility will be operated by his oil company which is Apollo
Operating. When this property was acquired in March 2007 it essentially was a junk yard and they have
since then cleaned up the property and have had lots of discussion with the surrounding property owners
and they are very happy with that.
The facility is similar in nature to some other hearings that the Planning Commission has had recently.
The surrounding area is predominantly oil and gas. There are oil and gas wells surrounding the entire
area. There is a trend of oil and gas exploration in this direction of Highway 392 to the northeast.
Commissioner Hall wished to clarify that this disposal facility was constructed without obtaining a permit
first. Mr. White said that was correct. He added that they consulted with their attorneys who researched
the Weld County Code and they suggested to him that he did not need a USR. In connection with that his
company Apollo does a lot of business with another local oil company in Weld County who also has their
own disposal facility which does not have a USR either. Through those two courses of investigation they
initially determined that they did not need a USR, however through a number of different discussions and
complaints it was then determined that they needed a USR which they immediately applied for. He also
indicated that they have had numerous discussions with the Board of County Commissioners on the same
matter as well.
The Chair asked for comments from Public Health.
Lauren Light, Public Health, stated that staff received a copy of the applicant's commercial well permit;
therefore condition of approval 1.G can be deleted.
The application states that a portable toilet will be used which is not acceptable as this is not a seasonal or
temporary use. The applicant did apply for a septic permit on July 7, 2008. The Health Department did
not issue the permit; however staff did go out there and couldn't find the perk holes as they were not
marked or were blown over. Therefore the applicant needs to request another site inspection and make
sure that everything is marked and then staff will come out and get that process going. She added that
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this will also have to go through the Board of Health because it is a commercial business.
The State Health Department will probably have air emission permitting regulations.
Ms. Light did research through the State Oil and Gas Commission website and found approval of the
injection well application on November 4, 2008.
Because of these types of facilities, Public Health has specific design and operation requirements that are
required prior to the release of building permits. Every injection well facility that comes in is subject to the
same standards. Since this facility was built prior to staff knowing about it there was numerous
conversations which did take place between the Director of Environmental Health and the applicant. Ms.
Light noted that conditions of approval 4.A and 4.B are a little different. In 4.A it talks about how an
engineer can verify that a structure similar to concrete that has the same ability as concrete could be
used. She indicated that normally what you see is concrete and they can't use anything else.
Condition of approval 4.B indicates that the applicant must show staff that nothing will be leaking off of the
unloading pad. Ms Light said that there is no leak detection system required in but that the applicant will
need to submit a plan to Environmental Health which will be reviewed.
Ms. Light said that condition of approval 4.1 and 4.C are the same and recommended deleting condition of
approval 4.1.
Commissioner Hall asked if this is a commercial or,private disposal facility. Mr. Gathman understands
that it is a commercial facility and that there would be outside haulers.
Commissioner Ehrlich asked if there is something disclosed to the County when the Colorado Oil and Gas
Conservation Commission receives or grants a permit. Mr. Gathman said that there was a lot of
discussion about this and some work sessions with the Board of County Commissioners. There was a
work session with the Board where the applicant was granted early release of building permits out there;
however there was a lot of discussion about the nature of the facility in regard to if it was it going to be a
commercial facility or was it going to be exclusively for use by the applicant.
Mr. Gathman commented that the Board said at that time if it is just for your use only and you don't have
outside haulers that it is a different type of operation and no USR would be required. The applicant has
decided to apply with a commercial permit to allow outside haulers.
Bruce Barker, County Attorney, commented that he spoke with the individual who is in charge of
processing the permits for the injection wells with the Oil and Gas Conservation Commission. Mr. Barker
indicated that the individual said that he doesn't think that the commission would be referring to any
counties. If they receive the permit application they will process it without referring it to the county to see if
it is violation. The Oil and Gas Commission considers that to be our requirement.
Mr. Barker continued to say that with respect to if they were doing it on their own property that it is a use
by right according to our interpretation. He believes that the new Board of County Commissioners will
probably be discussing whether to continue with that because as we do know there are other companies
who have not sought to obtain a USR. In this instance there were complaints about the property that staff
followed up on and that is how the enforcement action occurred.
Commissioner Holton asked that even if it is their own company it is still a commercial operation isn't it?
Mr. Barker said that he made a good point and that is exactly the issue in the discussion that staff had with
the State. He added that the marker that you use is what type of effects does this have on neighboring
properties as well as compatibility.
The Chair asked for comments from Public Works.
Dave Snyder, Public Works, commented that the site is located off of State Highway 392 which is under
the jurisdiction and maintenance of CDOT so they have the access permit and requirement through their
office.
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Mr. Snyder commented that they are requiring the applicant to have larger radiuses in the driveway so
they can move their trucks easier. Traffic counts were at 1300 ADT. The applicant would be adding 60
trips per day so there is a very low impact.
Commissioner Hall asked if the only road they will have is a private road on their own property. Mr.
Snyder replied that was correct.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Randy Hammerstrom, 33667 CR 61.75, Gill, CO. Mr. Hammerstrom commented that he purchased the
property which was in foreclosure and they closed on the property a couple of months prior to the drilling
of the injection well. He is concerned with all the domestic wells in the area and asked if this is going to be
a detriment to his drinking water.
He is also concerned with property values. He asked if they will be installing more tanks and adding more
truck traffic. He indicated that the entrance road to their property is approximately 300 feet from his front
door.
Mr. Hammerstrom said that the lighting facilities are lit 24 hours a day and he is concerned about that. He
commented that he met the applicant for the first time today so maybe some of this can be handled
between them.
The Chair closed the public portion of the meeting.
Mr. White said that he shares some of the same concerns as Mr. Hammerstrom. He also has a water
well on the property and certainly does not want to destroy its value that it adds to the property nor does
he want to destroy the value of his property either.
Mr. White commented that he can't say with 100% that nothing will ever happen; however he can tell
everyone that every safeguard to protect the water is in place. He indicated that the formation in which
they would inject in is approximately 8000 feet below the Larimer Fox Hills which you encounter at about
400 feet. The formation that they will be injecting into is encountered at this location at about 8600 feet.
Mr. White continued to say that this particular well boar has 3 different layers of protection as far as steel
piping, concrete, etc. There is an initial layer of surface casing which is an 8 5/8 inch pipe that is put down
through concrete. Inside of that pipe there is also another 5 1/2 inch pipe with a huge burst rate and 14,000
psi which is also cemented inside there down to 9000 feet. Inclusive of that there is another 2 7/8 inch
pipe cemented inside of that. There are many levels of protection inside of this well boar that you will
never see any type of migration of fluids or anything into a potable formation.
Mr. White pointed out the existing wells on site on a visual slide.
Mr. White commented that as far as the lighting he is willing to work with Mr. Hammerstrom to cure that
problem right away.
Mr. White clarified with regard to secondary containment, they are talking about some type of
impermeable layer for secondary containment that is concrete or as sufficient as concrete.
He also wished to clarify the time of use to be from 7 am to 7 pm; however in the oil and gas industry there
may be some emergencies. He hopes that it is understood that the emergencies are an implied situation
with such a facility.
Mr. White indicated that they do plan to install permanent sewer facilities.
Mr. White indicated that they have hired Ronnie Lap who lives in the area and who is very familiar with the
area. Mr. Lap is a member of the Galetoh Fire District and he believes that Mr. Lap will ensure that every
aspect of public health and safety is taken into account.
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Commissioner Hall recognized another oil disposal operator in the audience. Mr. Hall commented that he
is concerned with the residences right there and if this turns into a 24 hour disposal facility it will hurt their
property value. He added that this was done without the typical permitting process and is concerned
about that as well. He asked if it would be appropriate to ask Mr. Butcher, who is in the audience, about
the availability of disposal on a 24 hour basis from some of their facilities, Mr. Barker deferred that to the
Chairman if he would accept additional testimony.
Commissioner Ochsner clarified with the applicant if they are requesting a 24 hour operation. Mr. White
replied that they are not requesting a 24 hour operation.
Commissioner Hall said that he sees that but his concern is from the emergency basis. One day it is an
emergency and the next day it is forever. He further asked if there would be an opportunity that the
applicant has other facilities that they could take their water to outside of the hours of the 7 am to 7 pm
operation.
Commissioner Ochsner asked if there are other facilities if there was an emergency. Mr. White
commented that this is the only facility that Apollo has. He added that the thing that encouraged them to
endure this undertaking is that they couldn't dispose of water at the other commercial locations.
Sometimes their truck drivers would be waiting on end to get into their facilities, sometimes they would be
rejected all together. He added that a facility such as this is needed in Weld County.
Mr. Gathman clarified the hauling hours and how it relates to other injection wells that have been
permitted through the county. The limit for hauling hours are from 7 am to 7 pm. It doesn't mean that they
can't inject outside of those hours but they cannot haul in materials to inject.
Commissioner Holton asked about the landscaping plan. Mr. White commented that they have built a
berm which somewhat shields those properties from the west from the noise and view of the facility.
Commissioner Holton asked if these trucks belong to the applicant. Mr. White said that every single
operator in this basin contracts the hauling of their water for the most part.
Commissioner Holton said that he is concerned as he lives next to a trucking facility and the jake brakes
are obnoxious to homeowners. He asked if there something that can be added to control that or if it can
be controlled through the applicant's operators. Mr. White replied that he is not sure what jake brakes are
and asked if he could explain it to him. Mr. Holton said that when trucks come to a stop they don't use
their brakes, instead they use a compression system in the engine which changes the cam and so it pops
and they are very noisy. Mr. White commented that he doesn't think that he could ensure that because
this is all third party. He doesn't believe that he could tell anybody how to run their business or their
trucks. The only alternative here is to say the hours of operation are 7 am to 7 pm. The abuse of
emergency situations is never the intent and would not be his intent. He is simply asking that in the event
of an emergency that it would be understood that they would not be in violation albeit they would not be
bringing in trucks in here 5 times a night. It would be very limited in nature if that were to happen.
Mr. Gathman asked to clarify what an emergency would be. Mr. White gave an example of a water pit
about to overflow, a flowback tank about to overflow causing further environmental issues elsewhere on
another lease.
Commissioner Grand asked how often these emergencies happen. Mr. White said it is very uncommon
and it depends upon the well.
Commissioner Holton asked how long this facility has been operating. Mr. White replied that they have
been operating since November 4, 2008.
Tom Holton moved to amend conditions of approval 4.A and 4.b and delete conditions of approval 1.G
and 4.1, seconded by Erich Ehrlich. Motion carried unanimously.
There was some discussion on the signage for jake brakes. Janet Carter, Public Works, commented that
according to MUTCD standards there is no sign for "no jake brakes"; however the applicant can produce a
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sign and place it outside of the CDOT right-of-way which would notify trucks so that they cannot use their
jake brakes. Commissioner Holton clarified it if would have to be in the applicant's facility. Ms. Carter said
yes and would have to be paid for by the applicant.
Mr. Gathman commented that we could add a Development Standard. Commissioner Holton said he
would like to see a Development Standard as well.
Mr. White commented that he has no problem placing this sign but he thinks that it will not be effective
because where the brakes will be used and where the sign would be posted. Commissioner Holton said
that it would help because when they come in and out of the facility they will see the sign.
Mr. Barker suggested adding a Development Standard 42 which states "The applicant shall notify drivers
of large trucks, through the placement of a sign on the facility property, that the use of "fake brakes" upon
entering or exiting the facility is prohibited."
Tom Holton moved to add Development Standard 42 per staffs recommendation, seconded by Robert
Grand.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, no; Paul Branham, absent; Erich Ehrlich, yes; Robert Grand, yes; Bill Hall, yes; Mark Lawley,
absent; Roy Spitzer, yes; Tom Holton, yes; Doug Ochsner, yes. Motion carried.
Mr. White indicated that he will make sure that the neighbors will not be disturbed; however he wished to
clarify that it is not considered Apollo or JLW's fault if someone does use a jake brake. Commissioners
Ochsner and Holton said that it is just a notification to not use the jake brakes. Mr. White said that he will
be happy to install the sign.
The Chair asked the applicant if he has read through the amended Development Standards and Conditions of
Approval and if he is in agreement with those. The applicant replied that he is in agreement.
Robert Grand moved that Case USR-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 Tom Holton.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Paul Branham, absent; Erich Ehrlich, yes; Robert Grand, yes; Bill Hall, yes; Mark Lawley,
absent; Roy Spitzer, yes; Tom Holton, yes with comment; Doug Ochsner, yes. Motion carried unanimously.
Commissioner Holton commented that he thinks the Commissioners need to look at their review of these
injection wells to see whether or not we are going to let them do it as a use by right or as a USR.
The Chair asked the public if there were other items of business that they would like to discuss. Mr.
Hammerstrom said that to this point he has no issue with truck traffic but he asked if they are planning to
increase truck traffic into this facility or just maintain what they have. The Chair said that is a question that Mr.
White and Mr. Gathman can answer.
Being no further public comment, the Chair closed the public portion of the meeting.
The Chair asked the Planning Commission members if there was any new business to discuss.
Commissioner Holton said that he would like to get some feedback from the Planning Commission members.
He commented that the County Commissioners keep talking about shovel ready ground and one of the
requirements at this point is if you want to change the zone on a piece of ground to commercial or industrial it
also has to have a water supply, which means that you will have to change the designation of that irrigation
well for that application. By changing the designation of the irrigation well that will change how they will be
able to operate that chunk of property in the future. If that's the case he would like to see the code changed to
read somehow that they can still operate that well but that maybe there is a trigger.
Tom Honn, Planning Services, commented that shovel ready dirt can mean several different things. It doesn't
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Kristine Ranslem
Secretary
necessarily mean that the land is zoned so that tomorrow they can just pull a building permit. That is one of
the levels and in which case it probably would require the water supply, in the event it was a well, to be in that
position. However those could also be conditions that are applied and what we have to investigate exactly is
how we can work with the state engineer's criteria if it is a well. He added that where either zoning can be
done or if it is through a comprehensive planning process, land can be designated as appropriate to those
uses and that makes it simpler to come in and rezone as long as you follow the process. Depending on the
circumstances some of those items can be done as conditional that have to be done prior to that use actually
beginning on that property.
Commissioner Holton said his questions are specifically what he has seen down by Vestas. He added that if
you have this facility with a USR and it will be annexed under certain conditions to Brighton but then you also
have a lot of other properties surrounding this facility that think it is still within Weld County. He gave an
example that if someone wants to change the zone on 50 acres to 1-3 and they have no plans to do anything,
in order to get that 1-3 designation they have to convert their well. Mr. Honn said that he is not sure if it is a
requirement to convert the well just to get the zoning. The well conversion would be a condition prior to being
able to use the property industrially and that is what staff needs to evaluate so that there may be different
levels of how shovel ready dirt is defined.
Commission Holton said that if the code can be interpreted differently than what he is indicating that is fine but
if the code specifically states that as part of the requirement for this application then it is something to look into
changing. Mr. Honn agreed with Commissioner Holton. He added that he doesn't know that he can address
the State Engineer specifically in that sense of what they call a well but if there is an issue in our code that
says it has to be commercial he is happy to take a look at that and determine if that is something that we need
to put into our list of changes.
Commissioner Holton asked Mr. Honn to research that and come back to the Planning Commissioners with
his findings.
Commissioner Ochsner asked about the parking issue which was mentioned at a previous meeting. He said
that they previously had designated spots in the parking lot to the east of here and asked Mr. Honn to check
into the availability of that again. Mr. Honn said that he will investigate that.
Meeting adjourned at 3:36 p.m.
Respectfully submitted,
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