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Home My WebLink About20082705.tiff HEARING CERTIFICATION DOCKET NO. 2008-61 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1662 FORA MINERAL RESOURCE DEVELOPMENT FACILITY,INCLUDING AN OIL AND GAS SUPPORT AND SERVICES FACILITY (STORAGE OF PIPE (TUBULARS) AND PRODUCTION EQUIPMENT),IN THE A(AGRICULTURAL)ZONE DISTRICT-WESTERN EQUIPMENT AND TRUCK, INC., C/O NOBLE ENERGY, INC. A public hearing was conducted on October 1, 2008, at 10:00 a.m., with the following present: Commissioner William H. Jerke, Chair Commissioner Robert D. Masden, Pro-Tem - EXCUSED Commissioner William F. Garcia Commissioner David E. Long Commissioner Douglas Rademacher Also present: Acting Clerk to the Board, Jennifer VanEgdom County Attorney, Bruce Barker Planning Department representative, Kim Ogle Health Department representative, Don Dunker Public Works representative, Lauren Light The following business was transacted: I hereby certify that pursuant to a notice dated August 18, 2008, and duly published August 22, 2008, in the Greeley Tribune, a public hearing was conducted to consider the request of Western Equipment and Truck, Inc., do Noble Energy, Inc., for a Site Specific Development Plan and Use by Special Review Permit#1662 for a Mineral Resource Development Facility, including an Oil and Gas Support and Services Facility (storage of pipe (tubulars) and production equipment), in the A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record, and advised the applicant's representative, Curt Moore, Noble Energy, Inc., that he has the option of continuing the matter to a date when the full Board will be present. However, if he decides to proceed today, the matter will require three affirmative votes, or in the case of a tie vote, Commissioner Masden will listen to the record and make the determining vote. Mr. Moore indicated he would like to proceed today. Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and entered the favorable recommendation of the Planning Commission into the record as written. He stated the site is located north of County Road 38, east of County Road 25.5, and west of State Highway 60, and is within the three-mile referral area for the Towns of Gilcrest, Milliken, and Platteville. He indicated The Town of Gilcrest did not provide a referral response, the Town of Platteville did not indicate any concerns in a referral dated July 8, 2008, and the Town of Milliken indicated the site is located within the Town's growth area and requested the applicant contact the Town regarding the possibility of annexation. He clarified the applicant met with representatives from the Town of Milliken, and it was mutually determined that annexation would not be sought at this time due to the distant location and the lack of services. He stated the production equipment housed on the site will include production tanks, water pits, separators,treaters, pumping units, 2008-2705 PL1978 00 PL., d-o3-c:e' HEARING CERTIFICATION - WESTERN EQUIPMENT AND TRUCK, INC., C/O NOBLE ENERGY, INC. (USR#1662) PAGE 2 meter houses, stairs, landings, emission control devices, including burners and compressors, and other miscellaneous equipment utilized within oil and gas production facilities. He indicated used pipe will be returned to this facility to be inspected for usefulness, and the pipes are either stored on the site for later use, or are sold as scrap metal. He stated one full-time employee of Noble Energy will work at the site, along with two contract employees, and the site will receive approximately thirty truck trips daily, between the hours of 7:00 a.m.,to 7:00 p.m., Monday through Friday, and 7:00 a.m., to 12:00 p.m., on Saturday. He indicated one structure providing office space will be located on the site, the site will receive water from the Central Weld County Water District, a septic system will handle the effluent flow, and an overhead light will be located at the access to the site. He gave a brief description of the uses of the surrounding properties and indicated there are three surrounding property owners within 500 feet of the site. He further indicated the access is on County Road 38, which is a paved road, through a 60-foot shared access with the surrounding undeveloped land. Mr. Ogle stated fourteen referral agencies reviewed the request, and ten provided comments which have been addressed through the Conditions of Approval and Development Standards. He clarified, in order to mitigate noise for the nearest property owner, Mr. Fritzler, the applicant has agreed to install a dense berm and opaque fencing, and Mr. Fritzler has indicated the accommodation is reasonable. He indicated staff received a letter from another surrounding property owner, who is present today, which included concerns regarding diesel smell, noise, dust,and heavy traffic in the area posing health and safety issues. The letter further indicates County Road 38 is the designated haul route from the Platte Sand and Gravel facility, and the increase of truck trips will create a traffic hazard, therefore, the property owner is in opposition of the proposed use at this location. Mr. Ogle displayed photographs of the site and the surrounding area. Don Dunker, Department of Public Works, reiterated the site is accessed from County Road 38, a local paved two-lane road, with an average daily traffic (ADT) count of approximately 377 vehicles, and a speed limit of 55 miles per hour. He indicated the average speed is 56 miles per hour, and 39 percent of the overall traffic is truck traffic. He further indicated trucks leaving the Noble Energy site will travel east on County Road 38 to State Highway 60, southeast to U.S. Highway 85, and virtually no traffic will enter or exit the site to the west. He clarified the access contains 1,114 feet of site distance to the intersection with State Highway 60 to the east, and 878 feet of site distance to the west, which is less than the minimum amount of 935 feet indicated by the Colorado Department of Transportation (CDOT). He stated the site will add an additional 30 truck trips per day and five personal vehicle trips per day for employees, and the referral received from CDOT indicated no concerns. He clarified two Development Standards were added, regarding the addition of road signs, to help provide mitigation regarding the site distance to the west, and a Stop sign will stop exiting traffic from the site before accessing onto County Road 38. He stated the applicant will construct a retention pond, and clarified the site is not located within a floodplain area. Responding to Chair Jerke, Mr. Dunker stated the intersection of County Road 38 and State Highway 60 does not contain any additional turn lanes, and there are adequate access lanes at the intersection of State Highway 60 and U.S. Highway 85. At the request of Chair Jerke, Mr. Dunker indicated he will research the improvements required on County Road 38 through the agreement with Platte Sand and Gravel. 2008-2705 PL1978 HEARING CERTIFICATION - WESTERN EQUIPMENT AND TRUCK, INC., C/O NOBLE ENERGY, INC. (USR#1662) PAGE 3 Lauren Light, Department of Public Health and Environment, stated water to the site will be provided by the Central Weld County Water District, and the applicant has provided a "will serve" letter from the District. She indicated a septic system will be installed to handle the effluent flow, and the applicant has provided a Waste Handling Plan, Dust Abatement Plan, and an Air Pollution Emissions Notice(A.P.E.N.), and the applicant has clarified vehicles will not be washed on the site. She indicated the noise level on the site will be restricted to 60 decibels between the hours of 7:00 a.m., to 7:00 p.m., and 55 decibels between 7:00 p.m., and 7:00 a.m. She confirmed the Department has no outstanding concerns with the application. Mr. Moore expressed his appreciation to staff for their assistance, and indicated Noble Energy currently operates approximately 5,300 wells,as well as 2,700 production facilities. He clarified the predecessors of Noble Energy rented lots within the City of Fort Lupton for tubular storage, or utilized storage space at the site of the office located within the Town of Platteville. He indicated the storage needs have outgrown the office facility within the Town of Platteville, and the lease for storage space within the City of Fort Lupton was not able to be extended, therefore, the company conducted an exhaustive search to acquire real estate. He indicated the company is pleased with the central location of this site, in relation to the operative wells, and that the site is close to the administrative offices within the Town of Platteville as well. He clarified this parcel has already been subdivided from surrounding lands, and the company has entered into a contract to purchase the site, which is conditional upon approval of the USR permit. Mr. Moore indicated Noble Energy employs approximately 200 employees within Weld County,and several hundred other employees work for the various contractors supporting Noble Energy operations. He clarified the proposed site is crucial for Noble Energy to continue providing efficient operations and to keep the tube inspection activities in close proximity. Responding to Chair Jerke, Mr. Moore indicated the site is approximately 14 acres in size, and the irrigation water formerly located on the site has been removed. He clarified his uncle used to farm this area many years ago, and due to the changes in the water market within Northern Colorado,the previous property owner sold the water rights for this parcel to another entity, and the site has not been irrigated for quite awhile. Further responding to Chair Jerke, Mr. Moore confirmed the intersection of County Road 38 and State Highway 60 does not contain any additional turn lanes. He clarified the flatbed trailers carrying the tubulars are approximately 40 to 45 feet in length, and he confirmed there are no concerns with the turning radius at the intersection. Mr. Dunker clarified Platte Sand and Gravel was required to improve the turning radius at the intersection of County Road 38 and State Highway 60 when paving County Road 38; however, no acceleration or deceleration lanes were required to be constructed. Jennifer Henninger, Baseline Corporation, reviewed her PowerPoint Presentation, marked Exhibit E, and indicated the site was chosen since it is not located within a heavily populated area, it is centrally located, it is not currently being utilized for agricultural uses, or considered to be prime agricultural land. She indicated the tuboscope operations will have two contract employees working on the site, and the small office facility will have one full-time Noble Energy employee, and two full-time contract employees. She further displayed and described photographs within the presentation, providing details regarding the proposed layout of the site. In response to the question presented by Chair Jerke regarding tuboscoping, Mr. Moore clarified Noble Energy has a contract with a company to test the integrity of the tubular pipes for pressure and drift. He further clarified the quality of brand new tubular pipes is guaranteed by the manufacturer; however, the 2008-2705 PL1978 HEARING CERTIFICATION - WESTERN EQUIPMENT AND TRUCK, INC., C/O NOBLE ENERGY, INC. (USR#1662) PAGE 4 tuboscope operations will reinspect and test tubulars which have been removed from previous operations, and tubulars which pass the reinspection will be stored on the site for future use. Ms. Henninger further reviewed her PowerPoint presentation, displaying photographs of the tubulars, the tuboscope operations, and examples of other equipment which will be stored at the site. She reviewed the items of discussion from the Planning Commission hearing, including dust, landscaping,traffic, noise,and zoning and land use,as referenced within the presentation,and she further reviewed several references within the Weld County Comprehensive Plan, as referenced within the presentation. She indicated the Development Standards which were added to the Resolution at the direction of the Planning Commission, and indicated the number of employees allowed on the site was increased to five. In response to Commissioner Rademacher, Mr. Dunker indicated County Road 38 currently contains a speed limit of 55 miles per hour; however, the Planning Commission recommended reducing the speed in the area to 40 miles per hour, and staff concurs with the request. He confirmed the requirement of the signs "trucks turning" and "blind hill" will be appropriate in conjunction with a reduced speed limit. He clarified the trucks exiting the site will travel east approximately one-quarter mile to State Highway 60, and in response, Chair Jerke indicated he does not concur with a drop in the speed limit due to the short distance. Mr. Dunker indicated the Planning Commission's intention was to slow down eastbound traffic on County Road 38, before the facility, so that the trucks could safely merge, and he clarified Development Standard #34 addresses this requirement. Responding to Commissioner Rademacher, Mr. Moore confirmed the allowance of five employees will be proficient, and he clarified the truck drivers visiting the site are not employees of Noble Energy and do not stay on the site once a load is picked up or dropped off. In response to Chair Jerke, Mr. Ogle clarified the property was divided as a separate parcel within a four-lot Recorded Exemption (RE). He further clarified the current property owner previously applied for further subdivision of the land; however, some of the requirements could not be met, therefore the application was pulled. He stated the property owned by Mr. Fritzler is a small acreage and another small acreage exists to the west of his site, each containing approximately 5 acres, this site is 14 acres in size, and the fourth lot of the RE is more than 120 acres in size. Responding to Commissioner Rademacher, Mr. Dunker clarified the entire site will be built as a retention pond, therefore, all runoff will soak into the ground. Diane Wolfe, surrounding property owner, stated she represents herself and her sister, Donna Wolfe, and in response to Chair Jerke, she indicated the placement of both properties on the map provided. Ms. Wolfe reviewed the letter she provided for the record, contained within Exhibit D, indicating her concerns regarding the proposed use of the site destroying the prime farmland as well as impacts to existing traffic problems within the area. She referenced the photographs contained within Exhibit D, displaying the trucks hauling water from the nearby site operated by A and W Water Service, Inc., and she expressed her concerns regarding the volume of traffic, safety issues and hazards,and trucks which do not obey traffic signs. She clarified the truck traffic added by Noble Energy will contribute to the unsafe conditions, therefore, she believes it is not practical or feasible to allow the storage yard to be located at this site. She reviewed the traffic counts contained within her letter, and indicated the additional truck trips to be added by Noble Energy will create an additional impact on the traffic, especially since staff will not be able to enforce the haul route from the facility. She referenced additional photographs within Exhibit D, indicating there are 2008-2705 PL1978 HEARING CERTIFICATION - WESTERN EQUIPMENT AND TRUCK, INC., C/O NOBLE ENERGY, INC. (USR#1662) PAGE 5 no warning signs of heavy truck traffic, no acceleration or deceleration lanes, nor is there enough room along the side of the roads to pull over in the case of a traffic emergency. She stated the trucks take a long time to get up to speed with the existing traffic on the road, and she has witnessed many occasions of vehicles swerving around trucks to maintain fast speeds. Ms.Wolfe indicated additional photographs provided within Exhibit D depict the dust created by the trucks within the area, and even though the representative indicated the Noble Energy trucks will travel only on paved roads, the trucks will contribute diesel fumes. She stated the design of the site will create additional noise, due to the noise of the traveling trucks and the noises associated with loading and unloading the trucks. She indicated Noble Energy claims to own over 7,000 acres, and within the State of Colorado, only Garfield County has more drilling permits than Weld County. She indicated she believes there is a better location for this facility where existing adverse conditions and traffic concerns do not exist, and where zoning is already provided for an industrial business. She clarified she understands the need for this type of facility; however, this is not the proper location. She stated the memos provided to staff indicated that the proposed activities will not be detrimental to the safety or welfare of the motoring public; however, she believes otherwise, since the conditions within the area are already detrimental to the safety of the public. She indicated she depends upon the Commissioners to protect the health, safety, and welfare of the residents of the County,and to preserve prime farmland. She summarized her concerns regarding approval of the application, and requested that the Board vote to deny the application. (Clerk's Note: Several newspapers were provided for the record, however, upon direction from the Board, and the recommendation of the County Attorney, the newspapers were not entered into the record as Exhibits, rather, the property owner was instructed to note the newspaper name and publication date for any article referenced.) Linda Santora,surrounding property owner,expressed her objection to the proposed land use,and provided a packet of information, marked Exhibit F. She referenced Section 22-1-2-50.D of the Weld County Code, indicating agricultural activities shall be supported and continue as a mainstay within Weld County. She further stated Weld County is one of the most productive agricultural counties within the United States, and agricultural uses create ten times more income and twenty times more employment than other uses. She indicated the proposed use by Noble Energy will remove fourteen acres of prime farmland, and she referenced an article from the Greeley Tribune, dated September 28, 2008, which states that agriculture traditionally remains a driving economic force, with Weld County leading the State of Colorado with an estimated $16 billion annual revenue. She further referenced an article within The Fence Post, provided within Exhibit F, indicating young farmers are optimistic about future farming opportunities; however, the optimism is challenged by land availability and overall profitability, which is caused by increasing urbanization, loss of farmland,government regulations,and the availability and cost of health care. She stated Noble Energy has other property options for the proposed uses, and she referenced the other available properties and municipal maps contained within Exhibit F. She clarified the Noble Energy office is located within the Town of Platteville and a 16-acre parcel within close proximity is available, along with various properties within surrounding municipalities, which are already appropriately zoned for the proposed use. She indicated the storage of miscellaneous equipment listed within the application materials is too broad, the blueprint of the site contains 2008-2705 PL1978 HEARING CERTIFICATION - WESTERN EQUIPMENT AND TRUCK, INC., C/O NOBLE ENERGY, INC. (USR#1662) PAGE 6 parking for 15 semi-trailers, and the application materials do not mention that independent contractors will provide the trucking services. Ms. Santora stated the subdivision of the proposed parcel has created the precedence for a non-agricultural use on the property, and she read Section 22-2-120.A into the record. She explained a farmer will still be able to use the property agriculturally for employee housing, which is the most practical use of the property. She clarified the water canal on the property has been dug up; however, a farmer could bring water back to the property. She further clarified Section 22-4-30-C.2 indicates the County shall favor applications which return water to abandoned agricultural lands for productive agricultural use, and Appendix 22-E indicates water continues to be the lifeline for the agricultural community. She referenced the photographs of the dug-up canals and rows of dirt, provided within Exhibit F, and she stated Noble Energy has indicated a need for additional storage space due to the significant increase of the number of wells; however, she questioned why there are no projections for production which reflects the industrial truck trips. She clarified the 2007 Traffic Report from CDOT does not reflect the concentration of truck traffic between County Roads 38 and 38.5, and the trucks exiting the A and W Water Company site take up two lanes, and cross over into oncoming traffic since there is not adequate room to turn the trucks. She clarified Platte Sand and Gravel overload the trucks coming from the site, and State Highway 60 does not contain the proper improvements for industrial traffic. She confirmed trucks do not stop at the Stop signs, and frequently try to pull out ahead of traffic, which contributes to the already unsafe driving conditions within the area. There being no further discussion, the Chair closed the public input portion of the hearing. Rick Behning, Baseline Corporation, reiterated agriculture is big business within Weld County; however, so is the oil and gas industry, and it is necessary to support the oil and gas industry. He indicated he is empathetic to the concerns of the surrounding property owners; however, most of the concerns which were voiced were existing concerns regarding a separate company, and it would be shortsighted to disallow the proposed use at the proposed location with an assumption that the use would be more efficient at another location. He stated many local municipalities desire to upgrade State Highway 60 to become a major arterial road all the way to the connection with U.S. Highway 85. He indicated CDOT has reviewed the application materials, and indicated no concerns with the traffic generated at the site. He clarified semi-trucks will not be parked at the site, only the trailers will be kept on-site, to be loaded with pipe as necessary. He further clarified the estimated number of truck trips is a very honest estimation, and Noble Energy will be diligent to count the number of truck trips for deliveries and pick-ups at the site and provide documentation, if deemed necessary. He indicated Noble Energy desires to be a model neighbor and business operator, and any necessary amendments to the permit will be considered by the Board in the future. He stated it is encouraging that so many residents within the region want to potentially become involved in agriculture; however, gas prices may be discouraging to existing farmers, as well as potential farmers. He clarified if more oil and gas is able to be produced locally, the cost for consumers will be reduced. He further clarified Noble Energy sought diligently to locate the use on a property which has the least amount of impact to surrounding property owners. In response to Chair Jerke, Mr. Dunker reiterated the traffic count for County Road 38 is 377 vehicle trips per day, and the count for County Road 38.5 is 97 vehicle trips per day. 2008-2705 PL1978 HEARING CERTIFICATION - WESTERN EQUIPMENT AND TRUCK, INC., CIO NOBLE ENERGY, INC. (USR#1662) PAGE 7 Mr. Moore clarified Noble Energy owns over 7,000 mineral acres, not 7,000 surface acres of land within Weld County. He confirmed Noble Energy has been through an exhaustive search to find this property, as well as a thorough application process, and Noble Energy is willing to comply with all requirements contained within the Resolution and to work with staff to continue to mitigate impacts to surrounding property owners. He indicated Noble representatives met with Mr. Fritzler, the nearest and most impacted surrounding property owner, and Mr. Fritzler provided suggestions to improve the proposal, which were implemented into the application materials. He confirmed Noble Energy is dedicated to being a good neighbor and an efficient oil and gas operator. He stated if this piece of property were still irrigated and able to be utilized as prime farmland, the company would not consider the property for the proposed use. He clarified the current property owner has indicated the land will not be able to be returned to productive farmland, and there have been no crops grown on the property for several years, therefore, this property is not prime agricultural land. In response to Commissioner Rademacher, Mr. Ogle confirmed the property is not currently being utilized for agricultural purposes, and he is not sure why the water was removed from the property. Chair Jerke indicated he believes the property was dried up so that the water rights could be sold. Further responding to Commissioner Rademacher, Mr. Dunker indicated he does not have current traffic counts for County Road 38,east of State Highway 60. Commissioner Rademacher indicated the discussion regarding County Road 38.5 is irrelevant since the applicant will not utilize the road, and the applicant will mainly be utilizing State Highway 60 and U.S. Highway 85. Chair Jerke indicated it is a good idea to create an agreement with the applicant to share the costs of future improvements to the intersection of County Road 38 and State Highway 60. Mr. Dunker clarified a Long Term Road Maintenance Agreement is required of the applicant; however, a proportional share agreement has not been required. Chair Jerke gave an explanation of how a proportional share agreement works, regarding the percentage of traffic equaling the percentage of improvement costs provided by the applicant. He indicated the agreement will provide enhancement for the safety of the public, it is good corporate responsibility for the applicant to contribute, and he is surprised this type of agreement was not required by staff. Commissioner Rademacher concurred that a proportional share agreement is a good idea, and he questioned whether A and W Water Service and Platte Sand and Gravel will be able to contribute as well. Chair Jerke clarified Platte Sand and Gravel was permitted through the Town of Milliken,therefore, this type of agreement could not be required. Mr. Ogle clarified A and W Water Service is not currently permitted, and an application will be presented to the Board in the near future. Commissioners Garcia and Long concurred with the requirement of a proportional share agreement. In response to Chair Jerke, Mr. Moore indicated the agreement makes sense, and Noble Energy is not opposed to proportionally contributing to future improvements. Chair Jerke instructed staff to create language which may be added as a new Condition of Approval. Mr. Barker read the proposed language into the record, to become Condition of Approval #1.H, which states, "The applicant shall submit an Improvements Agreement According to Policy Regarding Collateral for Improvements which addresses the timing and scope of the applicant's participation in paying the costs of improvements to the intersection of County Road 38 and State Highway 60, based upon the applicant's proportion of overall use of the intersection." He provided 2008-2705 PL1978 HEARING CERTIFICATION - WESTERN EQUIPMENT AND TRUCK, INC., C/O NOBLE ENERGY, INC. (USR#1662) PAGE 8 a memo containing the language for the record, marked Exhibit G. Chair Jerke indicated the agreement will be drafted between the applicant and the Department of Public Works; however, the intent of the agreement has been made clear by the Board. Mr. Moore indicated he concurs with the proposed language as long as the proportional share is determined by the proportional number of truck trips associated with the Noble Energy facility. The Board concurred with the addition of Condition of Approval #1.H, as described by Mr. Barker. Chair Jerke indicated Development Standard#34 requires that the applicant request that the speed limit on County Road 38 be reduced to 40 miles per hour, and he understands the intent of the language; however, he is not sure the requirement is necessary. Mr. Dunker explained when a "blind hill" sign is typically erected, a cautionary speed limit sign is installed underneath. He clarified the request is not for a regulatory white speed limit sign, rather, for a small yellow sign. In response to Chair Jerke, Mr. Dunker indicated it is typical to reduce speed limits in steps of 15 miles per hour, therefore, 40 miles per hour is an appropriate reduction. He clarified the sign will be erected approximately 2,000 feet from the intersection of County Road 38 and State Highway 60, which is a little less than one-half mile. Commissioner Rademacher indicated he originally thought the speed limit would be reduced for both westbound and eastbound traffic; however, he concurs that it is appropriate to reduce the speed for eastbound traffic only. Responding to Commissioner Rademacher, Mr. Dunker clarified the access to the site is approximately one-quarter mile from State Highway 60; however, the erection of the sign will be approximately one-half mile from State Highway 60 to warn eastbound traffic of trucks entering the roadway. He further clarified the trucks exiting the Noble Energy site will not view the sign, rather, the sign is to warn other motorists. Chair Jerke indicated he does not believe a speed limit of 40 miles per hour is reasonable. Commissioner Rademacher indicated he believes a speed limit of 45 miles per hour is more reasonable. In response to Commissioner Long, Mr. Dunker reiterated a reduction in the speed limit is typically completed in increments of 15 miles per hour. Chair Jerke indicated if the reduced speed limit is not reasonable and enforceable, motorists will not adhere to the speed limit. Commissioner Rademacher indicated an informational sign indicating"heavy truck traffic" may be more appropriate than reducing the speed limit, and Mr. Dunker concurred. Commissioner Rademacher confirmed he prefers to not reduce the speed limit. Responding to Chair Jerke, Mr. Dunker indicated the Department of Public Works may modify the speed limit along this stretch of road if directed by the Board at a later date. Commissioner Garcia indicated he prefers for the language within Development Standard#34 to be deleted since the issuance of the proper speed limit is accomplished administratively by the Department of Public Works. The Board concurred with the deletion of Development Standard #34. In response to Chair Jerke, Mr. Moore indicated he has reviewed,and concurs with,the Conditions of Approval and Development Standards, as modified. Chair Jerke indicated the application is a good proposal for this site, since the land has been de-watered and it will be difficult to bring water back to the property. He confirmed if irrigation water is removed from a property, the property is no longer prime agricultural land and is eligible for other uses such as the use proposed. He believes the property is centrally located, and is adequate for the operations of Noble Energy. Commissioner Rademacher concurred with Chair Jerke. 2008-2705 PL1978 HEARING CERTIFICATION - WESTERN EQUIPMENT AND TRUCK, INC., C/O NOBLE ENERGY, INC. (USR#1662) PAGE 9 Commissioner Garcia reiterated the property is only fourteen acres in size, therefore, the size makes it difficult to farm the land. He indicated he anticipated hearing concerns from Mr. Fritzler, the nearest surrounding property owner; however, it appears that the applicant has been able to adequately mitigate Mr. Fritzler's concerns,which leads him to support the application. Chair Jerke concurred and indicated the lack of concern voiced by Mr. Fritzler is reassuring. Commissioner Garcia moved to approve the request of Western Equipment and Truck, Inc., do Noble Energy, Inc., for a Site Specific Development Plan and Use by Special Review Permit #1662 fora Mineral Resource Development Facility,including an Oil and Gas Support and Services Facility(storage of pipe(tubulars)and production equipment), in the A(Agricultural)Zone District, based on the recommendations of the Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record. His motion included the addition of Condition of Approval #1.H to state, "The applicant shall submit an Improvements Agreement According to Policy Regarding Collateral for Improvements which addresses the timing and scope of the applicant's participation in paying the costs of improvements to the intersection of County Road 38 and State Highway 60, based upon the applicant's proportion of overall use of the intersection,"and the deletion of Development Standard#34. The motion was seconded by Commissioner Long, and it carried unanimously. There being no further discussion, the hearing was completed at 4:15 p.m. This Certification was approved on the 6th day of October, 2008. APPROVED: Eta ARD OF COUNTY COMMISSIONERS +y: : D COUNTY, COLORADO ATTEST: �f ' +. i > r. � ��.■ Gw tdoin '' m H. Jerke, Chair Weld County Clerk to the Boar � •Robe CUSED a :en, Pro-Tem BY:�, � 0,14 ` ---- De u Cle to the Board Wild F. Garcia ^ David E. Long ouglas ademacher 2008-2705 PL1978 EXHIBIT INVENTORY CONTROL SHEET Case USR #1662 -WESTERN EQUIPMENT AND TRUCK, INC., CIO NOBLE ENERGY, INC. Exhibit Submitted By Exhibit Description A. Planning Staff Inventory of Items Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes 09/16/2008) D. Diane and Donna Wolfe Letter of Opposition and photos (9/22/08) E. Applicant Copy of PowerPoint Presentation F. Linda Santora Packet of info, municipal maps, and various photos G. County Attorney Proposed Language for Condition of Approval #1.H H. J. K. L. M. N. O. P. Q. R. S. T. U. V. ti T m ;c - v it-N) po J i �/, Z uj NS J © Oc y �� \�� cbi 2z il ! • � kp �' Hi .� , y - ,� '' loo �, .�p�_�,,. 0 0.z w v v c .� /l (J' \,1i' . -. 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