HomeMy WebLinkAbout20080496.tiff RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION
• Moved by Mark Lawley 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-1624
APPLICANT: Encana Oil & Gas
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot B RE-1595 and Part of Lot A RE-641; located in part of the SE4 of
Section 28, TIN, R67W of the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for Mineral
resource development facilities including: oil and gas storage facilities
(crude oil storage) and oil and gas support and service (natural gas
processing, odorization, land farming, office use, storage, pipe fabrication,
research&development lab, measuring equipment repair and calibration)in
the A(Agricultural) Zone District.
LOCATION: North of and adjacent to CR 4 and west of and adjacent to CR 19.
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 ordinances in effect. Section 23-2-220.A.1 --
The proposed use is consistent with Chapter 22 and any other applicable code
• provisions or ordinance in effect. Sec. 22-5-100. (OG.Goal 1)states: "Oil and gas
exploration and production should occur in a manner which minimizes the impact to
agricultural uses and the environment and reduces the conflicts between mineral
development and current and future surface uses." Section 22-5-100 (OG.Policy
1.6) states: "Oil and gas exploration and production should be conducted in a
manner which minimizes interference with existing surface use and mitigates the
impact on future land uses." Encana has an existing facility on this site. This
amended special use permit proposes to incorporate the existing buildings and
operations, land farming facility and the addition of gas compressors and
dehydration units to the site. The exterior boundaries of the site will not change.
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 mineral resource
development facilities including oil and gas storage facilities and oil and gas support and
service facilities 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.This site is under an existing special use permit.2r°AMUSR 589 was
approved July 27, 1994.At the time this site was owned and operated by Vessels oil and gas.
This permit was approved to allow gas compressor facilities and for the storage of oil and gas
equipment in steel buildings.The existing office building,warehouse,equipment and welding
building were incorporated under this permit.The land farming facility was not included under
2o°AMUSR 589. The oil and gas compression equipment under this permit has since been
removed.The applicant proposes to install new compressors and dehydration units through
this use by special review permit. Storage of oil and gas tanks, pipes and equipment is also
incorporated under this application. The site is adjacent (across County Road 19) to an
• existing electrical station and natural gas pipeline facility to the east. An existing oil and gas
EXHIBIT
1 .53
2008-0496
Resolution USR-1624
Encana Oil & Gas
• Page 2
facility is immediately located to the west of the site. The nearest single family residence is
located to approximately 1/8 of a mile to the south and west of the site. Conditions of
Approval and Development Standards will ensure that this facility is compatible with the
surrounding area.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within the 3-mile referral area of the City of Dacono, the
City of Northglenn and Adams County. The City of Dacono and City of Northglenn in their
referrals received September 17, 2007 indicated no conflicts with their interests. No referral
response has been received from Adams County.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County
Code. The site does not lie within any Overlay Districts.
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. The site is currently an oil
and gas storage and support facility and is not in agricultural production.
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's 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. The attached Development Standards. (Department of Planning
Services)
2. County Road 4 is designated on the Weld County Road Classification Plan as local gravel
road, which requires 60 feet of right-of-way at full build out. The applicant shall verify the
existing right-of-way and the documents creating the right-of-way. If the right-of-way cannot
be verified, it shall be dedicated. This road is maintained by Weld County.
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Resolution USR-1624
Encana Oil & Gas
• Page 3
(Department of Public Works)
3. County Road 19 is designated on the Weld County Road Classification Plan as major arterial
road, which requires 140 feet of right-of-way at full build out. The applicant shall verify the
existing right-of-way and the documents creating the right-of-way. 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 maintained by Weld County. (Department of Public Works)
4. All plat sheets shall be labeled 3rd AMUSR-589. (Department of Planning Services)
5. The approved screening plan. (Department of Planning Services)
6. On-site lighting(if any is proposed). Lighting shall be in accordance with Section 23-2-250 of
the Weld County Code. (Department of Planning Services)
7. On-site parking shall be delineated. (Department of Planning Services)
B. The applicant shall address the requirements of the Weld County Department of Building
Inspection as stated in their referral response dated October 10, 2007. Written evidence of
such shall be provided to the Department of Planning Services. (Department of Building
Inspection)
C. an air pollution emission notice shall be submitted to 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 Public Health and Environment and
the Weld County Department of Planning Services. (Department of Public Health &
Environment)
D. The applicant shall submit an odor abatement plan for the natural gas odorization facility for
review and approval, to the Environmental Health Services, Weld County Department of
Public Health & Environment. Written evidence of Department of Public Health and
Environment approval shall be submitted to the Department of Planning Services.
(Department of Public Health & Environment)
E. A Soil and Ground Water Monitoring Plan shall be submitted to the Weld County Department
of Public Health and Environment for review and approval.Written evidence of Department of
Public Health and Environment approval shall be provided to the Department of Planning
Services. (Department of Public Health & Environment)
F. A Detailed Design and Operation Plan shall be submitted to the Weld County Department of
Public Health and Environment, for review and approval,for the land treatment facility. The
land treatment facility shall be constructed and operated, in accordance with the approved
design. Evidence shall be submitted to the Weld County Department of Public Health and
Environment and the Colorado Oil and Gas Conservation Commission (COGCC) that
demonstrates the land treatment facility will be constructed in accordance with the approved
design.Written evidence of Department of Public Health and Environment approval shall be
provided to the Department of Planning Services. (Department of Public Health &
Environment)
G. A detailed Closure Plan shall be submitted to the Weld County Department of Public
•
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Encana Oil & Gas
• Page 4
Health and Environment and the Colorado Oil and Gas Conservation Commission. The
Closure Plan shall include a description of the manner in which the treated and hydrocarbon-
contaminated soils will be disposed of,as well as specific details regarding reclamation of the
property. No equipment associated with the facility shall remain on the property following
closure.Written evidence of such shall be provided to the Department of Planning Services.
(Department of Public Health & 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 removal of soil that has been affected by hydrocarbons or
other contamination. 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 the
third-party closure, the facility shall post the remainder of the financial assurance with Weld
County. The facility shall submit evidence of such, in writing, to the Weld County
Department of Public Health and Environment.Written evidence of such shall be provided to
the Department of Planning Services. (Department of Public Health & Environment)
The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health & Environment.
Written evidence of Department of Public Health and Environment approval shall be provided
to the Department of Planning Services. (Department of Public Health & Environment)
J. According to the application materials the facility's water system serves and/or will serve
• more 25 persons on a daily basis.The water system shall comply with the Colorado Primary
Drinking Water Regulations(5 CCR 1003-1). Evidence shall be provided to the Weld County
Department of Public Health and Environment that the system complies with the Regulations.
Written evidence of such shall be provided to the Department of Planning Services.
(Department of Public Health & Environment)
K. All septic systems serving the operation shall be reviewed by a Colorado Registered
Professional Engineer. The review shall consist of observation of the systems and a
technical review describing the systems ability to handle the proposed hydraulic load. The
review shall be submitted to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. In the event the system is found to be
inadequately sized or constructed the system shall be brought into compliance with current
Regulations. Written evidence of Department of Public Health and Environment approval
shall be provided to the Department of Planning Services. (Department of Public Health &
Environment)
L. 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.
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Encana Oil & Gas
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3) The waste handler and facility where the waste will be disposed (including
the facility name, address, and phone number).
Written evidence of Department of Public Health and Environment approval shall be provided
to the Department of Planning Services. (Department of Public Health & Environment)
M. The applicant shall provide evidence to the Weld County Department of Public and
Environment that berming and containment for the landfarm portion of the site is constructed
in accordance with the Colorado Oil and Gas Conservation Commission Rule 907.
(Department of Public Health & Environment)
N. The applicant shall submit a screening plan to the Department of Planning Services.Storage
of outdoor materials shall be screened from adjacent properties and rights-of-way.
(Department of Planning Services)
O. The applicant shall attempt to address the requirements of the Greater Brighton Fire
Protection District as stated in their referral response received October 5, 2007. Written
evidence of such shall be provided to the Department of Planning Services.(Greater Brighton
Fire Protection District)
P. The applicant shall either submit to the Department of Planning Services a copy of an
agreement with the properties mineral owners and lessees (Kerr-McGee/Anadarko/K.P.
Kaufmann)stipulating that the oil and gas activities have adequately been incorporated into
the design of the site, or indicate the 400' x 400' and the 800' x 800' drilling envelope
locations per state statute.
•
Q. The amended recorded exemption plats AMRE-641 and AMRE-1595 shall be submitted for
recorded. (Department of Planning Services)
R. 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. and 2. above the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of
the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The
Mylar plat and additional requirements shall be submitted within thirty(30)days from the date of the
Board of County Commissioners resolution. The applicant shall be responsible for paying the
recording fee. (Department of Planning Services)
3. The Department of Planning Services respectively requests the surveyor provide a digital copy of Use
by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS
formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00. The
preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent
to maps(@co.weld.co.us. (Department of Planning Services)
4. Prior to release of building permits:
A. A letter of approval from Brighton Fire Protection District is required prior to the issuance of
building permits. (Greater Brighton Fire Protection District)
• 5. Prior to Issuance of Certificate of Occupancy:
Resolution USR-1624
Encana Oil & Gas
• Page 6
A. An individual sewage disposal system is required for the proposed gas plant with a control
room, an office and space for training activities shall be installed according to the Weld
County Individual Sewage Disposal Regulations. (Department of Public Health and
Environment)
B. The septic system is required to be designed by a Colorado Registered Professional
Engineer according to the Weld County Individual Sewage Disposal Regulations.
(Department of Public Health and Environment)
6. Prior to operation:
A. A stormwater discharge permit may be required for a
development/redevelopment/construction site where a contiguous or non-contiguous land
disturbance is greater than or equal to one acre in area. The applicant shall inquire with the
Water Quality Control Division (WQCD) of the Colorado Department of Public Health and
Environment at www.cdphe.state.co.us/wq/PermitsUnit if they are required to obtain a
stormwater discharge permit. Alternately, the applicant can provide evidence from WQCD
that they are not subject to these requirements. (Department of Public Health&Environment)
7. 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)
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Resolution USR-1624
Encana Oil & Gas
• Page 7
SITE SPECIFIC DEVELOPMENT PLAN
AMENDED SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Encana Oil and Gas
USR-1624
1. The Site Specific Development Plan and Amended Special Use Permit is for a Mineral Resource
Development Facilities including: oil and gas storage facilities (crude oil storage) and oil and gas
support and service (natural gas processing, odorization, land farming, office use, storage, pipe
calibration, research & development lab, measuring equipment repair and calibration) in the A
(Agricultural) Zone District, as indicated in the application materials on file and subject to the
Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. Employees are limited to six(6)full-time employees and twenty-three(23)part-time employees(who
visit the site on a daily basis) in accordance with the application materials. (Department of Planning
Services)
4. Compressors will operate 24 hours a day, 365 days a year. Compressors will not be manned except
for inspection, maintenance and repair operations (approximately 3-4 trips per day). (Department of
Planning Services)• 5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
6. The facility shall comply with any emissions permit required by the Colorado Department of Health
and Environment. (Department of Public Health and Environment)
7. 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. (Department of Public Health and Environment)
8. 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)
9. The facility shall be constructed and operated to ensure that contamination of soils and groundwater
does not occur.(Department of Public Health and Environment)
10. The applicant shall operate in accordance with the approved "waste handling plan". (Department of
Public Health and Environment)
11. No disposal of waste, other than non-hazardous hydrocarbon-affected soil derived from exploration
and production and pipeline related activities from the Encana oil and gas properties in Weld County.
•
Resolution USR-1624
Encana Oil & Gas
Page 8
12. All chemicals stored on the site must be stored according to manufacturer recommendations for safe
storage and handling. (Department of Public Health and Environment)
13. The facility shall notify the Weld County Department of Public Health and Environment, the Weld
County Planning Services, and the Colorado Oil and Gas Conservation Commission (COGCC), a
minimum of 90 days prior to closure. (Department of Public Health and Environment)
14. The ground water monitoring wells shall be sampled in accordance with the approved ground water
monitoring plan. The facility shall submit groundwater monitoring results to the Weld County
Department of Public Health and Environment and the Colorado Oil and Gas Conservation
Commission COGCC). In the event the down gradient wells exhibit a statistical increase over
background levels, the facility shall:
a. Cease acceptance of contaminated soils on the site, pending review of the analytical data by
Weld County Department of Public Health and Environment and the Colorado Oil and Gas
Conservation Commission (COGCC).
b. Notify the Weld County Department of Public Health and Environment and the Colorado Oil
and Gas Conservation Commission (COGCC) in writing within five (5)working days.
c. Immediately develop a plan to determine the extent of contamination. This plan must be
approved by the Weld County Department of Public Health and Environment and the
Colorado Oil and Gas Conservation Commission (COGCC).
• d. Upon determining the extent of contamination, the facility shall develop a remedial action
plan. This plan must be reviewed and approved by the Weld County Department of Public
Health and Environment and the Colorado Oil and Gas Conservation Commission(COGCC).
(Department of Public Health and Environment)
15. The facility shall collect and analyze soil samples in accordance with the approved soil monitoring
plan, directly beneath the treatment area. The facility shall submit soil monitoring results (including
sample location)to the Weld County Department of Public Health and Environment and the Colorado
Oil and Gas Conservation Commission (COGCC). In the event the soils exhibit an impact from the
facility at a depth greater than five (5)feet from grade, the facility shall:
a. Cease acceptance of contaminated soils on the site,pending review of the analytical data by
Weld County Department of Public Health and Environment and the Colorado Oil and Gas
Conservation Commission (COGCC).
b. Notify the Weld County Department of Public Health and Environment and the Colorado Oil
and Gas Conservation Commission (COGCC) in writing within five (5) working days.
c. Immediately develop a plan to determine the extent of contamination. This plan must be
approved by the Weld County Department of Public Health and Environment and the
Colorado Oil and Gas Conservation Commission (COGCC).
d. Develop a remedial action plan addressing clean up of the contaminated soil,determine,and
amend operation practices as necessary to abate the impact. The plan shall be approved the
Weld County Department of Public Health and Environment and the Colorado Oil and Gas
•
Resolution USR-1624
Encana Oil & Gas
• Page 9
Conservation Commission (COGCC). The facility must receive approval from the Weld
County Department of Public Health and Environment and the Colorado Oil and Gas
Conservation Commission(COGCC)prior to accepting additional contaminated soils on the
site.
16. Soil and ground water monitoring requirements may be revised and amended at a later date. The
Weld County Department of Public Health and Environment reserves the right to require additional
environmental monitoring requirements if the facility demonstrates that it is necessary. The facility
may request the Weld County Department of Public Health and Environment and the Weld County
Planning Services to amend monitoring requirements, provided an adequate demonstration can be
made of the irrelevance of the monitoring. (Department of Public Health and Environment)
17. Any analysis of waste shall be forwarded to the Weld County Department of Public Health and
Environment. The Department reserves the right to require additional,more extensive monitoring at a
later date. (Department of Public Health and Environment)
18. All stormwater, which has come into contact with waste materials on the landfarming portion of the
site, shall be confined on the site and bermed in accordance with the Colorado Oil and Gas
Conservation Commission Rule 907. (Department of Public Health and Environment)
19. The facility cannot accept or handle hydrocarbon-affected soils that are non-exploration and
production (E and P) wastes (ie., diesel impacted soil). (Department of Public Health and
Environment)
• 20. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank
Regulations (7 CCR 1101-14). (Department of Public Health and Environment)
21. 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)
22. The operation shall comply with all applicable State noise statutes and/or regulations. (Department of
Public Health and Environment)
23. Adequate handwashing and toilet facilities shall be provided for employees and visitors of the facility.
(Department of Public Health and Environment)
24. Sewage disposal for the facility shall be by septic system. Any septic system located on the property
must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal
Systems. (Department of Public Health and Environment)
25. No laboratory chemicals or wastes shall be deposited into the septic system. (Department of Public
Health and Environment)
26. The water system shall comply with the requirements for a community water system as defined in the
Primary Drinking Water Regulations (5 CCR 1003-1).(Department of Public Health and Environment)
27. 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)
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Resolution USR-1624
Encana Oil & Gas
• Page 10
28. Prior to issuing a building permit, the applicant shall submit an odor abatement plan for the natural
gas odorization to 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
Public Health and Environment and the Weld County Department of Planning Services.(Department
of Public Health & Environment)
29. The applicant is required to comply with all Colorado Department of Health and Environmental
(CDPHE)regulations regarding berming and spill prevention for materials and liquids stored on site.
(Department of Public Works)
30. 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)
31. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning
Services)
32. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the
fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
33. 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)
34. The applicant must take into consideration storm water capture/quantity and provide accordingly for
best management practices. (Department of Public Works)
35. A 40-foot radius is required on all accesses to public roads for accesses designed to accommodate
truck traffic.A minimum effective turning radius of forty(40)feet shall be used for accesses intended
to accommodate truck traffic. (Department of Public Works)
36. All screening materials shall be maintained in accordance with the approved Screening Plan.
(Department of Planning Services)
37. Building permits will be required for all new buildings on site as well as existing structures that have a
change of use. A building permit will also be required for additional equipment that will require a
foundation. (Department of Building Inspection)
38. A plan review is required for each building. Plans will require the wet stamp of a Colorado registered
architect or engineer. (Department of Building Inspection)
39. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of
permit application. (Department of Building Inspection)
40. Fire resistance of walls and openings, construction requirements, maximum building height and
allowable areas as well as occupancy classification will be reviewed at the plan review stage.
• (Department of Building Inspection)
Resolution USR-1624
Encana Oil & Gas
• Page 11
41. A letter of approval from Brighton Fire Protection District is required prior to the issuing of building
permits. (Department of Building Inspection)
42. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of
exploration development, completion,recompletion,re-entry,production and maintenance operations
associated with existing or future operations located on these lands. (Department of Planning
Services)
43. The property owner acknowledges that mineral owners and lessees have real property interests that
entitle them to surface use in accordance with Colorado State Statutes and applicable Colorado oil
and Gas Conservation Commission regulations. (Department of Planning Services)
44. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
45. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
46. Personnel from the Weld County Departments of Public Health and Environment, Planning Services
and Public Works 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.
. 47. 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.
48. 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.
•
• Resolution USR-1624
Encana Oil & Gas
Page 12
Motion seconded by Paul Branham.
VOTE:
For Passage Against Passage Absent
Doug Ochsner—Chair
Tom Holton—Vice Chair
Paul Branham
Erich Ehrlich
Robert Grand
Bill Hall
Mark Lawley
Roy Spitzer
The Chair declares the resolution passed and orders that a certified copy be placed in the file of this case to
serve as a permanent record of these proceedings.
CERTIFICATION OF COPY
• I, Donita May, 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 November 20, 2007.
Dated the 20th of November, 2007.
eouitaM
Donita May
Secretary
•
11/0101
[ L
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
•
Tuesday, November 20,2007
A regular meeting of the Weld County Planning Commission was held in the Southwest Weld County Conference Room,
4209 CR 24.5, Longmont, Colorado. The meeting was called to order by Chair, Doug Ochsner,at 1:30 p.m.
ROLL CALL ABSENT
Doug Ochsner-Chair
Tom Holton-Vice Chair
Paul Branham
Erich Ehrlich
Robert Grand
Bill Hall
Mark Lawley
Roy Spitzer
Also Present: Tom Honn,Chris Gathman,Michelle Martin,Planning Department;Cyndy Giauque,County Attorney;Brian
Varrella,Don Dunker and David Snyder,Public Works Department;TrevorJiricek and Char Davis,Environmental Health
Department and Donita May, Recording Secretary.
The summary of the last regular meeting of the Weld County Planning Commission held on November 6,2007,was
approved as read.
The Chair read case AMPZ-1035 into the record and explained to the audience that it was on the Consent Agenda which
meant that two Planning Commissioners must ask for the case to be removed from the agenda to be heard.
CASE NUMBER: AMPZ-1035
APPLICANT: Red Baron Development
• PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot 7 of Red Baron Estates PUD, part of the SE4 of Section 30,T2N, R65W of the
6th P.M.,Weld County, Colorado.
REQUEST: An Amended Change of Zone from the E (Estate) Zone District to C-2 (General
Commercial)Zone District for one lot within Red Baron Estates PUD.
LOCATION: West of and adjacent to CR 39 and approximately 1 mile south if CR 18.
The Chair asked if there was anyone in the audience who wished to speak for or against this application remaining on the
Consent Agenda. No one wished to speak.
The Planning Department and the applicant were requesting this application remain on the Consent Agenda. No
Commissioners requested it be heard.
The Chair read case AMUSR-1193 into the record and explained to the audience that it was on the Consent Agenda
which meant that two Planning Commissioners must ask for the case to be removed from the agenda to be heard.
CASE NUMBER: AMUSR-1193
APPLICANT: Gary Novotny
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: NW4 NE4 of Section 27,T2N, R62W of the 6th P.M.,Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a junkyard and
salvage yard in the A(Agricultural)Zone District.
LOCATION: South of and adjacent to CR 18 and approximately 1/4 mile west of CR 81.
The Chair asked if there was anyone in the audience who wished to speak for or against this application remaining on the
Consent Agenda. No one wished to speak.
The Planning Department and the applicant were requesting this application remain on the Consent Agenda. No
Commissioners requested it be heard.
• The Chair read case USR-1624 into the record and explained to the audience that it was on the Consent Agenda which
meant that two Planning Commissioners must ask for the case to be removed from the agenda to be heard.
CASE NUMBER: USR-1624
APPLICANT: Encana Oil&Gas
PLANNER: Chris Gathman
•
LEGAL DESCRIPTION: Lot B RE-1595 and Part of Lot A RE-641;located in part of the SE4 of Section 28,
T1N, R67W of the 6th P.M.,Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for Mineral resource
development facilities including:oil and gas storage facilities(crude oil storage)and
oil and gas support and service(natural gas processing,odorization,land farming,
office use, storage, pipe fabrication, research & development lab, measuring
equipment repair and calibration)in the A(Agricultural)Zone District.
LOCATION: North of and adjacent to CR 4 and west of and adjacent to CR 19.
The Chair asked if there was anyone in the audience who wished to speak for or against this application remaining on the
Consent Agenda. No one wished to speak.
The applicant's representative,William J.Crews,8203 W 20 St Ste B,Greeley,CO,80634,requested this application be
removed from the Consent Agenda so they could reach final agreement with the Planning Department Standards of
Development and Conditions of Approval prior to the BOCC hearing. Two Commissioners agreed to remove it from the
Consent Agenda.
The Chair moved Case USR-1624 to the end of the Hearing Agenda.
Tom Holton moved to approve the Consent Agenda and forward it to the Board of County Commissioners. Mark Lawley
seconded.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul Branham,yes;
Bill Hall,yes; Mark Lawley,yes; Roy Spitzer,yes;Tom Holton,yes; Doug Ochsner,yes. Motion carried.
The Chair read case USR-1629 into the record.
CASE NUMBER: USR-1629
APPLICANT: A. Dale Slater Trust B
• PLANNER: Michelle Martin
LEGAL DESCRIPTION: SE4 of Section 28,T3N, R68W of the 6th P.M.,Weld County, Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review for a Major Facility of a
Public Utility or Public Agency(Electrical Substation), subject to the provisions of
Section 23-4-420 in the A(Agricultural)Zone District.
LOCATION: North of and adjacent to CR 28 and west of and adjacent to CR 7.
Michelle Martin, Planning Department,said United Power had requested this case be continued.The Chair asked Ms.
Martin when she became aware of this request. Ms. Martin replied the applicant had made the request yesterday,
November 19,2007.
Dean Hubback,500 Cooperative Way,Brighton,CO 80603,Consumer Relations Electric Design Manager and applicant
representative from United Power, said they were requesting the continuance in order to mitigate concerns with
surrounding property owners. He asked the case be continued to the December 18, 2007 date as he had prior
commitments on the January 15, 2008 hearing.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuance of this
application. There were two members indicating they wished to address the Board. The Chair asked whether this could
be moved to the December 4,2007 hearing in Greeley due to the number of cases already scheduled for the December
18, 2007 hearing.
Commissioner Holton asked if it would be possible to hear it at the January 8,2008 hearing in Greeley due to the number
of cases already scheduled for the December 18, 2007 hearing,.
The Chair opened the hearing to the public to specifically address the continuance of the application.
David Foster,621 17 St Ste 1900, Denver CO, 80293, attorney and representative for CENTEX Homes and the area
HOA,said he had notified all the homeowners possible in the short amount of time they were given once they learned of
the continuance but that actually the continuance works in the best interest of both parties. He requested the case be
• heard in its entirety at a future date rather than piece meal.
Keith Sarris, 13643 Saddle Dr,Liberty Ranch homeowner,reiterated Mr.Fosters comments that residents were told by
the HOA not to appear today so basically no one came. Mr.Sarris requested a later hearing for full representation of the
community so that all concerned parties would be able to express their views. He supported pushing the hearing into
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• issues related to wells.
The Chair asked the applicant's representative if she had read and was in agreement with the Development
Standards and Conditions of Approval as stated. Ms. Kittel responded they were but issues still needed to be
resolved with Public Works regarding drainage because they felt they had complied with the Code and this was
overkill for their project. She added that if it was just a matter of approval,they would comply in order to get the
application approved,even though it was ridiculous in their opinion to over analyze large acreage lots on sandy soil
to the extent it had been.
Mark Lawley moved that Case PZ-1098,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. Tom Holton
seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul Branham,yes;
Bill Hall,yes; Mark Lawley,yes; Roy Spitzer,yes;Tom Holton,yes; Doug Ochsner, yes. Motion carried.
Meeting recessed from 2:25 to 2:35 p.m.
The Chair called the meeting back to order and read Case USR-1624 into the record.
CASE NUMBER: USR-1624
APPLICANT: Encana Oil&Gas
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot B RE-1595 and Part of Lot A RE-641;located in part of the SE4 of Section 28,
T1 N, R67W of the 6th P.M.,Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for Mineral resource
development facilities including:oil and gas storage facilities(crude oil storage)and
oil and gas support and service(natural gas processing,odorization,land farming,
office use, storage, pipe fabrication, research & development lab, measuring
equipment repair and calibration)in the A(Agricultural)Zone District.
LOCATION: North of and adjacent to CR 4 and west of and adjacent to CR 19.
• Chris Gathman, Department of Planning,said this amended special use permit was located on an existing oil and gas
facility site. This permit incorporated existing uses on the facility along with some additional uses that were
proposed/have occurred since the original 2n°AMUSR-589 permit approved in July of 1994.This proposed amended
special use permit was to incorporate a land farming(land treatment)facility and new gas compressors.An existing office
building on site was also proposed to be used by an outside company/contractor engaged in oil and gas drilling research
and development.Outside storage of pipes,oil and gas tanks and equipment was also incorporated with this application.
The Chair asked for further clarification of the application. Mr. Gathman added that after additional research, he had
discovered a Conquest Oil injection well facility on the property that was not part of this application. Planning was
recommending the case be numbered 3AMUSR-589 to follow previous cases and said this was adding the land farm and
new oil and gas compression facilities.
William Crews,8203 W 20 St Ste B,Greeley,CO 80634,applicant's representative,said essentially when the gas plant
was present and operating it was quite a different facility than what they were looking at today. The land farm was added,
the offices were part of the gas plant and in the middle was the Conquest facility for water disposal. The reason for the
excessive uses was to be farsighted for future uses. They may add odorization. Some were dreams,others were very
much based on reality but they were trying to cover all foreseeable uses. There were a variety of oil field related activities
on the site, including pipe fabrication and a metering lab. Mr. Crews addressed the Development Standards and
Conditions of Approval and cited an issue they had with prior to recording the plat in item C. He asked if a permit was
required and suggested it not be based on emissions and wanted to change the condition that they will measure amount
of emissions and then apply for a permit as necessary,but not prior to recording the plat. It would be a condition of use.
The other issue was that if they were to apply for a permit today,the backlog was such that a permit wouldn't be granted
for at least twelve to eighteen months even if everything were perfect in the application.He added that the land farm was
operating but does not turn the land over. It is turned once. A capsule or hard coating is formed on the ground and
bacteria are left to break down the hydrocarbon substances in the soil so emissions are not released into the air as they
would be if the soil were repeatedly turned.
The Chair asked if they were requesting to move item C. to "as required" and asked Mr. Gathman how it would be
• monitored. Mr.Jiricek said he thought they would make application prior to recoding the plat for the emissions permit.
Commissioner Holton stated that basically this was the same as the process for gravel permits. Mr.Jiricek suggested the
first nine words be deleted and replaced with"an air pollution emission notice shall be submitted to". Mr.Jiricek also
suggested a corresponding Development Standard and item six be deleted and replaced with,"The facility shall comply
with any emissions permit required by the Colorado Department of Health and Environment". Mr.Jiricek said he felt that
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would satisfy both his department and the applicant. Mr.Crews agreed that it would.
• Mr.Gathman noted a couple of housekeeping issues regarding Development Standard nine and eleven in that they are
the same so number eleven could be deleted.
Tom Holton moved to amend item C. and delete number eleven, following Staff recommendations for wording. Roy
Spitzer seconded the motion. Motion carried.
Mr.Crews addressed the next issue involving the odor abatement plan and said they did not want to submit a plan until
they have an actual engineered odorization plan in place and asked they consider it be moved to a prior to construction
or prior to approval of a building permit as it would likely be one of the last things installed on the site in the distant future.
Mr.Jiricek said the problem with moving a Development Standard was that they never hear from the applicant again
until something goes wrong so it was prudent to have this plan up front. He suggested amending item D. prior to the
certificate of occupancy or prior to issuance of the building permit and added that in the course of performing their job,
when the applicant applies for a building permit,the USR should be pulled for examination as well.
Mr. Gathman said that as the resolution presently reads, under prior to release of building permits, it would be on the
resolution, not on the plat. If you wanted to do it as a Development Standard it would be on the plat. Mr. Jiricek
suggested the language in item D.be prefaced with prior to the issuance of a building permit for the odorization facility.
Commissioner Hall asked about dust mitigation and whether it was only relevant during the construction phase or was it
for the surrounding roads. Mr. Jiricek said on site dust mitigation was a responsibility of the Environmental Health
Department and applied to the land farm facility and on site truck traffic. Commissioner Hall then asked if magnesium
chloride application was called for in this instance. David Snyder,Public Works said it was not relevant in this instance.
Roy Spitzer moved to accept Staff comments for item D. in the Conditions of Approval and move it to the Development
Standards and the new item would read,"Prior to issuing a building permit,the applicant shall submit an odor abatement
plan for the natural gas odorization etc." and omit current item D. Second by Mark Lawley. Motion carried.
Mr.Crews asked if item H.could go away. Mr.Jiricek said the document had not been reviewed and suggested leaving it
as is for now,but the applicant could make the same request at the BOCC hearing. Mr.Crews then cited item 12.in the
• Development Standards and suggested instead,"No disposal of waste,other than non-hazardous hydrocarbon-affected
soil from the exploration and production and pipeline activities from Encana Oil and Gas properties and Weld County".
Mr.Crews added they were not asking for soils from any other company be brought on site,just those from the activities
of Encana from their exploration and production arm and from their pipeline division.
Tom Holton moved to change Development Standard twelve to read,"No disposal of waste,other than non-hazardous
hydrocarbon-affected soil from the exploration and production and pipeline activities from Encana Oil and Gas properties
and Weld County". Mark Lawley seconded the motion. 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.
Commissioner Branham inquired about the numbering sequence in his packet materials. Mr.Gathman clarified the order
for him.
The Chair asked the applicant if they had read and agreed with the Development Standards and Conditions of Approval.
Mr. Crews replied they agreed.
Mark Lawley moved to forward amended Case USR-1624 to the Board of County Commissioners with their
recommendation for approval. Paul Branham seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul Branham,yes;
Bill Hall,yes; Mark Lawley,yes; Roy Spitzer,yes;Tom Holton,yes; Doug Ochsner, yes. Motion carried.
Meeting adjourned at 3:02 p.m.
Respectfully submitted,
• Donita May
Secretary
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