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BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Roy Spitzer, 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-1712
APPLICANT: Petro -Canada Resources (USA) Inc.
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Mineral
Resource Development Facility including Oil and Gas Support and Services (equipment
storage) in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: NW4NE4/E2NE4/SE4 of Section 5, T8N, R58W of the 6th P.M., Weld County, Colorado.
LOCATION: North of and adjacent to CR 96 and approximately 1 3/4 miles west of CR 127.5.
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 22-5-100.A.2 (OG.Policy 1.2) states, "Oil and gas
support facilities which do not rely on geology for locations should locate in commercial and industrial
areas, when possible ... " The request is for a Site Specific Development Plan and a Special Review
Permit for a Mineral Resource Development Facility including an obsolete equipment storage area
(boneyard) in the Agricultural zone district. This existing equipment storage area (boneyard) was
obtained by Petro -Canada in December 2008 from Walsh Production, Inc. The existing facility is
utilized for the storage of old equipment related to the oilfield. The boneyard is utilized to maintain,
repair, store and replace oil and gas related equipment such as separators, tanks, pipe, pumping
units, et cetera.
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, more specifically described as a Site
Specific Development Plan and a Special Review Permit for a Mineral Resource Development Facility
for Oil and Gas Support and Service, including an obsolete equipment storage area (boneyard).
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses. The facility is on a two -acre parcel utilized as a boneyard. The property is
fenced with three strand barb wire on wood posts. Adjoining lands to the existing facility are used for
grazing, limited agricultural development and oil and gas production, including the Lilli Gas Plat to the
east (AmUSR-861). Aside from Bringleson Ranches, LLC there is one property owner within five
hundred feet of this application, with the nearest residence located 4 miles south of the facility. Staff
has received no correspondence (electronic and/ or letters), telephone inquiries or inspection of the
case file by interested parties.
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 existing facility is not
within the three mile referral area for a municipality. The Town of New Raymer is approximately 5
miles to the northwest. The facility is remote in location with limited access.
2009-2768
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Resolution USR-1712
Petro -Canada Resources (USA) Inc.
Page 2
E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County Code.
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 subject site will be required to adhere to the
fee structure of the Capital Expansion Impact Fee and the Stormwater/ Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40)
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. This facility is sited on a 2 acre site
within a 308 acre parcel on lands utilized by Walsh Production, Inc. The site continues to be utilized
as a Petro -Canada obsolete equipment storage area (boneyard).
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 amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1712. (Department of Planning Services)
2) The plat shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of
Planning Services)
3) The attached Development Standards. (Department of Planning Services)
4) County Road 125 is a Section Line Access which has 30 -feet of right-of-way west side of
section line. All setbacks shall be measured from the edge of future right-of-way. If the right-
of-way cannot be verified, it shall be dedicated. This road is not maintained by Weld County.
(Department of Public Works)
5) County Road 96 is a Section Line Access which has 30 -feet of right-of-way north side of
section line. All setbacks shall be measured from the edge of future right-of-way. If the right-
of-way cannot be verified, it shall be dedicated. This road is not maintained by Weld County.
(Department of Public Works)
6) The water quality feature in the drainage easement must be delineated. The water quality
feature must be labeled on the plat as "Water Quality Feature — No Build/ or Storage Area".
(Department of Public Works)
7) The screened trash enclosure for the facility. (Department of Planning Services)
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Resolution USR-1712
Petro -Canada Resources (USA) Inc.
Page 3
8) A graphic key and or symbol serving to identify each component that is located within the
USR Boundary. The key and corresponding component shall be summarized in tabular
format and be clearly delineated on the plat. (Department of Planning Services)
9) The applicant shall delineate contours for the site and 200 feet offsite with a minimum of 2 -
foot contour intervals. (Department of Public Works)
10) The existing buildings and storage areas need to be shown on the plat. The proposed
storage areas also need to be shown on the plat. (Department of Public Works)
11) The water quality feature is shown outside the USR boundary. The water quality feature
needs to be located within the USR boundary. The water quality feature needs to be located
such that it captures all the runoff from the site. (Department of Public Works)
12) The water quality feature must be labeled as "Water Quality Feature — No build/storage area".
(Department of Public Works)
13) A legend needs to be added to the plat identifying all symbols that are used. (Department of
Public Works)
14) The distance to the section line and section corner needs to be identified for the access point.
(Department of Public Works)
B. The applicant shall submit a dust abatement plan, on site dust, for review and approval, to the
Environmental Health Services, Weld County Department of Public Health & Environment.
Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services. (Department of Public Health and Environment)
C. In the event washing of vehicles or equipment will occur on site the applicant shall ensure that any
washing area shall capture all effluent and prevent discharges from the washing of vehicles in
accordance with the Rules and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency. Vehicle or equipment washing areas should be designated on
the plat. Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. (Department of Public Health and Environment)
D. The applicant shall submit a waste handling plan, for approval, to the Environmental Health Services
Division of the Weld County Department of Public Health & Environment. The plan shall include at a
minimum, the following:
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed (including the facility name,
address, and phone number). Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services. (Department of Public Health and Environment)
E. The applicant shall submit a noxious weed and re -vegetation management plan for all areas where
there will be ground disturbances due to construction activities for review and approval by the
Departments of Public Works and Planning Services. (Colorado Division of Wildlife)
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Resolution USR-1712
Petro -Canada Resources (USA) Inc.
Page 4
F. 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)
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 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
Fourth Amended Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn
(Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export
files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable).
This digital file may be sent to dhuerter(a)co.weld.co.us. (Department of Planning Services)
4. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be
recorded within the required thirty (30) days from the date of the Board of County Commissioners
resolution a $50.00 recording continuance charge shall be added for each additional 3 month period.
(Department of Planning Services)
5. 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)
Motion seconded by Erich Ehrlich.
VOTE:
For Passage
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Erich Ehrlich
Roy Spitzer
Mark Lawley
Nick Berryman
Jason Maxey
Against Passage Absent
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the
Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above
and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado,
adopted on October 6, 2009.
q ted the 6'" of O ober, 2009.
Kristine a�m
Secretary
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SITE SPECIFIC DEVELOPMENT PLAN
AMENDED SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Petro -Canada Resources, Inc. — Boneyard
USR-1712
1. The Site Specific Development Plan and an Amended Special Review Permit for a Mineral Resource
Development Facility for Oil and Gas Support and Service, an obsolete equipment storage area
(boneyard) in the A (Agricultural) Zone District, and subject to the Development Standards stated
hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Department of Public Health and
Environment)
6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved "dust abatement plan" at all times. (Department of Public
Health and Environment)
7. The facility shall adhere to the maximum permissible noise levels allowed in the (Industrial) Zone
District as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
8. Adequate drinking, handwashing and toilet facilities shall be provided for personnel utilizing the
facility. The sanitary facilities located at the Lilli gas plant (AmUSR-861) shall be available for use.
(Department of Public Health and Environment)
9. The applicant shall operate in accordance with the approved "waste handling plan" at all times.
(Department of Public Health and Environment)
10. Any vehicle or equipment washing area shall capture all effluent and prevent discharges from the
washing of vehicles or equipment in accordance with the Rules and Regulations of the Water
Quality Control Commission, and the Environmental Protection Agency. (Department of Public
Health and Environment)
11. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health & Environment, Water Quality Control Division. (Department of
Public Health and Environment)
12. 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)
• 13. A plan review is required for each building for which a building permit is required. Two complete sets
of plans are required when applying for each permit. Include a Code Analysis Data sheet provided by
the Weld County Building Department with each Building permits Submittal plans shall include a floor
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Resolution USR-1712
Petro -Canada Resources (USA) Inc.
Page 6
plan showing the specific uses of each area for the building. The Occupancy Classification will be
determined by Chapter 3 of the 2006 International Building Code. The plans shall also include the
design for fire separation and occupancy separation walls, when required by Chapter 5 and 7 of the
2006 International Building Code. Fire Protection shall conform to Chapter 9 and exiting requirements
by Chapter 10. (Department of Planning Services)
14. A plan review shall be approved and a permit must be issued prior to the start of construction.
(Department of Planning Services)
15. 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 Mechanical Code; 2006 International Plumbing Code; 2006 International
Fuel Gas Code; and the 2008 National Electrical Code and Chapter 29 of the Weld County Code.
(Department of Planning Services)
16. All building plans shall be submitted to the New Raymer Fire Protection District for review and
approval prior to issue of Building Permits. (Department of Planning Services)
17. Setback and offset distance shall be determined by the Weld County Code. (Department of Building
Inspection)
18. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the County Road Impact Fee Program. (Department of Planning Services)
19. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the
fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40)
20. 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)
21. 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)
22. 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)
23. 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)
24. 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)
25. The applicant is required to comply with all Colorado Oil and Gas Conservation Commission
(COGCC) rules and regulations including drill pad construction, storm water controls, and
reclamation. (Department of Planning Services)
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Resolution USR-1712
Petro -Canada Resources (USA) Inc.
Page 7
26. Contact the Utility Coordinator for Weld County Public Works, for a Right -of -Way permit for any work
that may be required in the right-of-way on County Road 127.5, County Road 125 and County Road
96. A special transport permit will be required for any oversized or overweight vehicles that may
access the site. (Department of Public Works)
27. County Road 96 is a Section Line Access. A blue and white sign identifying section line access and
non -county maintenance has been installed at the intersection of County Road 96 section line and
County Road 127.5. This sign will provide identification for location of the Lilli Gas Plant for
emergency access such as fire and EMT responders. This sign shall be maintained by Petro -Canada.
(Department of Planning Services)
28. The facility shall maintain compliance with the approved noxious weed and re -vegetation
management plan for all areas associated with the equipment storage facility. (Department of Public
Works, Department of Planning Services)
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LOCATION: North of and adjacent to CR 96 and approximately 1 'A miles west of CR 127.5.
Kim Ogle, Planning Services, stated that the applicant requested that this case remain on the consent
agenda.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
CASE NUMBER: USR-1712
APPLICANT: Petro -Canada Resources (USA) Inc.
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Mineral Resource Development Facility including Oil and Gas Support and
Services (equipment storage) in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: NW4NE4/E2NE4/SE4 of Section 5, T8N, R58W of the 6th P.M., Weld County,
Colorado.
LOCATION: North of and adjacent to CR 96 and approximately 1 3/4 miles west of CR 127.5.
Kim Ogle, Planning Services, stated that the applicant requested that this case remain on the consent
agenda.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
CASE NUMBER: USR-1711
APPLICANT: Tri-State Generation & Transmission Association, Inc
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Major
Facility of a Public Utility (a double -circuit 230-KV Transmission Line extending
.55 miles) in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: NE4 and NE4SE4 of Section 27, Ti N, R66W of the 6th P.M., Weld County,
Colorado.
LOCATION: Approximately 1/4 mile North of CR 4 and approximately 1 mile (5,000 feet) East
of CR 31.
Chris Gathman, Planning Services, stated that staff would like for this case to remain on the consent
agenda.
The Chair asked if the applicant is available and if they wish for this item to remain on the consent
agenda. The applicant replied yes.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
CASE NUMBER: USR-1710
APPLICANT: Tanner & Sarah Hill
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Kennel (up to 39 dogs of a non-specific breed to include doggie daycare and
boarding) in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Lot A RE -1593 located in Part of the SW4 of Section 5, Ti N, R68W of the 6th
P.M., Weld County, Colorado.
LOCATION: Approximately 3/4 miles south of State Hwy 52 and east of and adjacent to CR
3.
Kim Ogle, Planning Services, stated that the applicant, Tanner Hill, wishes for this case to remain on the
consent agenda.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
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Roy Spitzer moved that Cases USR-1707, AmUSR-861, USR-1712, USR-1711, and USR-1710, be forwarded
to the Board of County Commissioners along with the Conditions of Approval and Development Standards
with the Planning Commission's recommendation of approval, seconded by Erich Ehrlich. Motion carried
unanimously.
The Chair read the following case into record.
CASE NUMBER: USR-1709
APPLICANT: Suncor Energy Inc
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for an
Oil and Gas Support Facility (Crude Oil Truck Unloading Facility) in the A
(Agricultural) Zone District.
LEGAL DESCRIPTION: Lot A of AmRE-2918 being Part of the NW4 of Section 20, T2N, R66W of
the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to CR 20 and East of State Hwy 85.
Lauren Light, Environmental Health, stated that previously to working with Weld County she worked at Tetra
Tech and had worked on the Suncor project. She said that she has no ties to that project now. The Chair
asked the applicant if they have any concerns with Ms. Light reviewing this case. The applicant indicated that
they had no concerns.
Chris Gathman, Planning Services, stated that the injection well facility will encompass approximately 6 acres
of the 37.3 acre property it is located on and will be located at the eastern end of the site adjacent to existing
oil and gas tank batteries.
The site is located to the east of three existing commercial/industrial/oil and gas use by special review permits.
SUP -359 (pump station facility) is located approximately 1,000 feet to the west of the site, USR-1459 (vehicle
sales and detailing) and USR-1227 (manufacturing facility) along with the Union Pacific Railroad are located
approximately 1,500 to 1,800 feet to the west of the site. An existing single-family residence is located
approximately 900 -feet to the west of the proposed site (across County Road 20). The proposed main access
to the facility will be located approximately 850 feet from the access to this single-family residence. Agricultural
land is located immediately to the north, south and east of the site. No phone calls or letters have been
received from surrounding property owners. However, there was a property owner who came in earlier today
with questions of hauling and asked if there would be any trucks that would be coming from the east on
County Road 20 versus coming from the west from Highway 85.
Fourteen Referrals were sent out and six referrals and comments were received in regards to this case.
Referral responses were not received from:
State of Colorado, Oil & Gas Conservation Commission
Weld County Code Compliance
Weld County Sheriffs Office
State of Colorado, Division of Wildlife
Weld County Ambulance Services
Platte Valley Fire Protection District
Union Pacific Railroad
Platteville Ditch
There are several Conditions of Approval and Development Standards attached to the staff report attempting
to address and mitigate concerns:
• A screening plan will need to be submitted and approved by the Department of Planning Services
prior to recording the plat.
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