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Home My WebLink About20082596.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION • RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS 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-1662 APPLICANT: Noble Energy PLANNER: Kim Ogle REQUEST: Site Specific Development Plan and Use by Special Review for Mineral Resource Development Facility including Oil and Gas Support and Service(storage of pipe (tubulars)and production equipment)in the A(Agricultural)Zone District and subject to the Development Standards stated hereon. LEGAL DESCRIPTION: Lot C,AmRE-4066; part of the SE4 of Section 31,T4N, R66W of the 6th P.M., Weld County,Colorado. LOCATION: North of and adjacent to CR 38, East of CR 25.5; 1300 feet west of SH 60. 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 22-2-150.D. (.Goal 4. states"All • new industrial development should pay its own way." Noble Energy will be paying for all associated improvements associated with this facility. No public funds will be utilized in any on or off-site improvement. Section 22-2-150. E. (.Goal 5.states"An application for industrial development within or adjoining an unincorporated community should be reviewed in accordance with the unincorporated community and industrial goals and policies; an application for industrial development within an area designated for agricultural use and located outside of an area as an urban growth boundary area should be reviewed in accordance with the agricultural and industrial goals and policies." The proposed facility is sited outside of the corporate city limits for the Town of Gilcrest, yet adjacent to their Inter- Governmental Agreement boundary as defined by Weld County Code Ordinance 2005-2. Section 22-2-60.D.A.Goal 4. states"Conversion of agricultural land to nonurban residential, commercial and industrial uses will be accommodated when the subject site is in an area that can support such development. Such development shall attempt to be compatible with the region." This facility is expected to minimize the costs to county taxpayers of providing additional public services in rural areas for uses that require services on an urban scale. This request is for an Oil and Gas Support and Service facility for Noble Energy, Incorporated that is an integral part of the County economy,and will have a direct impact on the current and future needs of mineral development. 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 a Mineral Resource Development Facility including Oil and Gas Support and Service [storage of pipe (tublars) and production equipment] 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. To the north, east and south are irrigated agricultural lands with oil and gas encumbrances; to the west is a single family residence with outbuildings. There • are three property owners within five hundred feet of this facility. No letters or telephone calls were received from adjacent property owners. Should concerns be raised,the Conditions of EXHIBIT 2008-2596 1 I- ) Resolution USR-1662 • Noble Energy Page 2 Approval and Development Standards ensure that there are adequate provisions in place to address the concerns of adjacent and surrounding property owners. 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 site is within the three mile referral area of the Town of Gilcrest, Town of Milliken and town of Platteville. The Town of Gilcrest did not return the referral,the Town of Milliken in a referral received July 25, 2008 indicated that the site is located within the Town's growth area and requested that the applicant contact the Town about possibilities of annexation. The applicant contacted Steve House with the Town who states "As we discussed, Sheryl Trent,the Town Administrator[Milliken],and I have talked to Bob Condon, [property owner's representative] at different times this year about proposed uses for this site and the possibilities of annexation at some time in the future when it would be more feasible to do so." Representatives for Noble Energy note that their discussions with the Town indicate that"It is mutually agreed that annexation at this time does not serve either the Town's or the owners interests due to the relatively distant location and lack of services." The Town of Platteville returned a referral dated July 8, 2008 indicating there were no conflicts with the Town's interests. E. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code. The existing site is within the County Road Impact Fee Area and the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. 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 also located outside of the established Colorado Oil and Gas Conservation Commission drill envelopes per State Statute. This site is under contract by Noble Energy, Incorporated. The parcel was created through the Recorded Exemption process in 2005 and amended in 2008. Previous to this proposed use the site was in agriculture. 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. The attached Development Standards. (Department of Planning Services) Resolution USR-1662 • Noble Energy Page 3 2. The approved Screening Plan, to address the outdoor storage of materials, associated with this facility which shall be screened from adjacent properties,and all public rights-of-way. (Department of Planning Services) B. 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 approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) C. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.)and Emissions Permit application from the Air Pollution Control Division, Colorado Department of Health and Environment, if applicable. Alternately, the applicant can provide evidence from the APCD that they are not subject to these requirements. Written evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) D. The applicant shall address the concerns of the Department of Public Works as outlined in their referral dated July 22, 2008. Written evidence of approval by the Department of Public Works shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Works) E. The applicant shall submit a Screening Plan to the Department of Planning Services, to address the outdoor storage of materials,associated with this facility shall be screened from adjacent properties, and the public rights-of-way. (Department of Planning Services) • F. The applicant shall complete all proposed improvement including those regarding landscaping,screening, access improvements and parking lot requirements or enter into an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all required materials. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the USR plat. (Department of Planning Services) G. 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 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 this 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 mapst?a,co.weld.co.us. (Department of Planning Services) 4. 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) Resolution USR-1662 • Noble Energy Page 4 5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005,should the plat not be recorded within the required sixty(60)days from the date of the Board of County Commissioner Resolution was signed a $50.00 recording continuance charge shall be added for each additional 3 month period. (Department of Planning Services) • • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS • Noble Energy, Incorporated USR-1662 1. The Request for a Site Specific Development Plan and a Special Review Permit for Mineral Resource Development Facility including Oil and Gas Support and Service[storage of pipe(tubulars) and production equipment] 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, fugitive particulate emissions, blowing debris,and other potential nuisance conditions. (Department of Public Health and Environment) 6. The applicant shall operate in accordance with the approved waste handling plan. (Department of Public Health and Environment) • 7. 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) 8. Any vehicle washing area(s)shall capture all effluent and prevent discharges in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health and Environment) 9. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment) 10. Adequate handwashing and toilet facilities shall be provided for employees and visitors of the site. (Department of Public Health and Environment) 11. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 12. 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) 13. 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) 14. 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) Resolution USR-1662 Noble Energy • Page 6 15. A building permit application must be completed and two sets of plans including engineered foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A geotechnical engineering report performed by a registered State of Colorado engineer will be required. (Department of Building Inspection) 16. A plan review must be approved and a permit must be issued prior to the start of construction. (Department of Building Inspection) 17. Setback and offset distances shall be determined by the 2006 International Building Code(Offset and setback distances are measured from the farthest projection from the structure). (Department of Building Inspection) 18. The 2006 International Building, Residential, Plumbing, Mechanical, Fuel Gas and Energy Conservation Codes, the 2008 National electrical code and Chapter 23 of the Weld County code are being enforced. (Department of Building Inspection) 19. Building height shall be measured in accordance with the Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. (Department of Building Inspection) 20. Provide a letter of approval to the Department of Building Inspection from the Platteville-Gilcrest Fire Protection District prior to setting any equipment or structures. (Department of Building Inspection) • 21. 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) 22. 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) 23. The facility operates, outside of emergencies, 7:00 AM to 7:00 PM, Monday through Friday and 7:00 AM to 12:00 PM Saturday. (Department of Planning Services) 24. The facility is limited to five (5)employees. (Department of Planning Services) 25. 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) 26. 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) 27. 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) 28. 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) Resolution USR-1662 Noble Energy Page 7 • 30. 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) 31. The applicant shall install a 'Trucks Turning' sign on County Road 38 before the ditch crossing per MUTCD Standards. (Department of Public Works) 32. The "Blind Hill" sign shall be installed on the applicant's property per MUTCD Standards. (Department of Public Works) 33. "No Jake Brake" signs shall be installed on County Road 38 to the State Highway 60 stop sign per MUTCD Standards. (Department of Public Works) 34. Maximum number of truck vehicle trips per day shall be 60 trips. (Department of Public Works) 35. Request that the speed limit be reduced to 40 mph at the same location of the"Trucks Turning"sign. (Department of Public Works) Motion seconded by Robert Grand. VOTE: For Passage Against Passage Absent • Robert Grand Bill Hall Tom Holton Doug Ochsner Erich Ehrlich Roy Spitzer Paul Branham Mark Lawley Nick Berryman The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on September 16, 2008. Dated the 16th of September, 2008. Kristine Ranslem • Secretary LEGAL DESCRIPTION: Open space lot within Western Dairymen Cooperative being part of NE4 NW4 of • Section 10,T2N, R68W of the 6th P.M., Weld County, Colorado. LOCATION: West of CR 7.5 and South of State Highway 119. The Chair asked Ms. Hatch if she wishes for this case to remain on consent. She replied yes. The Chair asked the applicant if they wish for this case to remain on the Consent Agenda as well. 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. The Chair asked if any of the Planning Commission members wished to hear this case. No one wished to speak. Roy Spitzer moved to approve the Consent Agenda, including USR-1664 and USR-1666, and that these cases 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 Mark Lawley. Motion carried. The Chair read the next case into record as a hearing item. CASE NUMBER: USR-1662 APPLICANT: Noble Energy PLANNER: Kim Ogle REQUEST: Site Specific Development Plan and Use by Special Review for Mineral Resource Development Facility including Oil and Gas Support and Service(storage of pipe (tubulars)and production equipment)in the A(Agricultural)Zone District. LEGAL DESCRIPTION: Lot C,AmRE-4066;part of the SE4 of Section 31,T4N, R66W of the 6th P.M.,Weld • County, Colorado. LOCATION: North of and adjacent to CR 38, East of CR 25.5; 1300 feet west of SH 60. Kim Ogle, Department of Planning Services,stated that the applicant is Curt Moore with Noble Energy and is represented by Rick Behning, Jennifer Henninger and Vince Harris of Baseline Corporation. The sign for this hearing and the Board of County Commissioners hearing of October 1, 2008 was posted September 5, 2009 by staff. The site is located north of and adjacent to County Road 38, east of County Road 25.5 and 1300 feet west of State Highway 60. The property is within the three-mile referral area of the Town of Gilcrest,Town of Milliken, and the Town of Platteville. The Town of Gilcrest did not return a referral. The Town of Milliken in their referral received July 25, 2008 indicated that the site is located within the Town's growth area and requested that the applicant contact the town about annexation. The representatives from Noble Energy had discussions with the Town of Milliken and indicated that it is mutually agreed that the annexation at this time does not serve either the Town or the owner's interest due to the relatively distant location and lack of services. The Town of Platteville in their referral dated July 8, 2008 had indicated no conflict with their interests. Mr. Ogle commented that the proposed facility is for a storage yard for receiving,storage and dispatching the piping and surface equipment for the continuing operation of 5000+oil and gas wells in the DJ basin. The surface equipment includes certain production equipment including production tanks, water pits, separators, heater-treaters, pumping units, meter houses,stairs, landings,emission control devices including burners and compressors and other miscellaneous equipment for delivery of oil and gas production facilities. The facility will return used pipe to the facility for inspection by Tuboscope and is either re-utilized or sold as scrap iron when it comes back from the field. An independent testing contractor will be on-site to conduct this • activity. m There is normally one (1)full-time Noble Energy employee on-site and two(2)full-time contract employees x who operate forklifts for loading and unloading materials from the trucks. On average,thirty trucks will arrive S! C 2 IL SWAM and depart daily from this facility. The applicant indicates that the hours of operation are from 7:00 a.m. to • 7:00 p.m. Monday through Friday and 7:00 a.m. to noon on Saturdays. There will be one structure on-site that will house the forklifts and provide office space for the facility. Water to this facility is provided by Central Weld County Water District and ISDS will handle effluent flows. Site lighting will be from overhead lights that are shielded to protect rays from glaring off-site. One such light will be at the gated point of ingress and egress to the facility. Surrounding lands to the north,east,and south are irrigated agricultural lands with land mass encumbrances. To the west of and adjacent to the site is a single-family residence with outbuildings. There are three property owners within 500 feet of the facility. The access to the facility is off of County Road 38,which is a paved two-lane road into the site. The property shares a 60 foot access easement with undeveloped lands to the east owned by Western Equipment and Truck, Inc of Greeley. Internal roads and the facility yard are graveled and graded. Fourteen referral agencies have reviewed the case;ten offered comments and some with specific conditions. To mitigate the off-site noise from the Fritzler residence to the west, the applicant has indicated that a berm with heavy dense planting and opaque fence will be employed. Mr. Fritzler has indicated that this is a reasonable accommodation. One letter was received by a surrounding property owner in the near vicinity to the site. Conditions that were raised in the letter, received from Diane Wolfe and her sister Donna Wolfe, speak to the numbers of trucks utilizing the local roads,the inundated diesel smell, noise, dust and heavy traffic are a constant and make a huge impact on this area potentially posing health and safety issues. Numerous water trucks, dump trucks, gravel trucks, oil and gas equipment and commodity trucks to name a few utilize this very busy roadway. • County Road 38 is the haul route for the Platte Sand and Gravel facility which is within the town limits of Milliken and to the west. They indicate that the congestion due to an increase in trips will make for a potential traffic hazard and could create severe adverse conditions. The Wolfe's suggest that the County and CDOT evaluate the current traffic flows and traffic conditions prior to acting on this application. They further state that they are in opposition of the Noble Energy facility at this location. Mr. Ogle added that he provided a copy of their letter. Mr.Ogle stated that staff has one amendment to Development Standard#24 which states"The facility shall be limited to three employees". He commented that staff did not take into account the Tuboscope operation and therefore are asking for that number be increased to five (5)employees to accommodate the ancillary pipe inspection Tuboscope personnel. Mr. Ogle stated that Planning Services is recommending approval of this application with the attached Conditions of Approval and Development Standards Jennifer Henninger, Baseline Corporation representing Noble Energy, commented that this site is just west of Highway 85. This is a 14 acre parcel for receiving, storing, testing, and dispatching of tubulars for oil well operations and receiving, storing and dispatching of associated production equipment. The Tuboscope operations that will occur are proposed to be located on the northern part of the property. One permanent office structure with one full-time employee and two full-time contract employees will be using the building. Ms. Henninger added that there will be two additional personnel for the Tuboscope operations. This facility will support the 5000+/-oil and gas wells in the County and also the 2500+/-production facilities. The property is in agricultural and the use requested is a use by special review. Ms. Henninger commented that they used criteria in Sections 23-2-200 though 23-2-410 in evaluating this application. • Ms. Henninger indicated on a visual presentation where they propose to access the site as well as the proposed landscaping to the site. 3 Ms. Henninger commented that Noble Energy has a dust abatement plan which has been submitted to the • Weld County Health Department. She commented that screening will occur between the site and the adjacent farm houses shown on their site plan. The screening consists of the earthen berm, opaque fencing, ample setbacks and landscaping installed especially in the corner adjacent to Mr. Fritzler's property. Ms. Henninger commented that there will be approximately 30 vehicles to and from this site on a daily basis. Ms. Henninger stated that the Tuboscope operation has a decibel level of approximately the same as a lawn mower. She added that noise generating operations have been purposefully located remotely from Mr. Fritzler's property and screening plantings will be selected to enhance the noise mitigation. The Chair asked the Health Department for their comments. Lauren Light, Environmental Health,stated that water will be provided by Central Weld County Water District. Ms. Light added that she just received a copy of the well serve letter from the District. She indicated that the applicant will install a septic system for the employees. Ms. Light commented that they are requiring a dust abatement plan and added that the applicant will need to check with the State for an Air Pollution Emission Notice Permit if it is required. She stated that the noises are restricted to the level allowed in the Commercial Zone District which is 60 decibels from 7:00 a.m.to 7:00 p.m. She indicated that after that hour it goes down to 55 decibels. Ms. Light stated that Development Standards 3 through 14 addresses Environmental Health items and added that the Health Department has no objections to this request. The Chair asked the Public Works Department for their comments. Don Dunker, Public Works, stated that County Road 38 is a paved two-way local roadway. In June 2007,the • traffic counts were 377 average daily trips(ADT). The speed limit is posted at 55 mph and 85%of the speed limit was 56 mph and 39%of traffic is truck traffic. The haul route from this facility is east on County Road 38 to State Highway 60 and then southeast to State Highway 85. Mr. Dunker commented that the applicant has indicated very little or no traffic will enter or exit the site from the west. The approximate site distance from the center of the proposed access to the east is 1114 feet to the stop sign at State Highway 60. The site distance from the proposed access to the west is 878 feet. The minimum entering site distance per CDOT access code is 935 feet. Mr. Dunker stated that the applicant will add 30 additional truck vehicles per day and 5 personal vehicles for employees per day. He commented that State Highway 60 has reported 3700 vehicles per day and CDOT received a referral and indicated they had no concerns with this application. Mr. Dunker said that a stop sign will be placed at the access for vehicles to stop before entering County Road 38. Mr. Dunker commented that the applicant has proposed a retention pond for the entire site. He added that this site is not within a FEMA regulated flood plain. Mr. Dunker said that the applicant will pave approximately the first 300 feet into their site to keep the dirt and mud off of the County Roads. Commissioner Holton said that there are some pictures that were included in the packets and noted that it looks really dusty on County Road 38. Mr. Dunker stated that County Road 38 is paved. However, he explained that the other side of State Highway 60 is dirt. Therefore, a portion of where County Road 38 intersects with Highway 85 is dirt. • Commissioner Holton clarified that the applicant will travel from County Road 38 to Highway 60 and not cross over onto the dirt road. Mr. Dunker replied that he was correct and added that the haul route is all on paved roads. He further added that they will require a long term maintenance agreement for County Road 38. 4 • Commissioner Holton asked to clarify the speed limit. Mr. Dunker stated that the speed limit is posted at 55 mph and the 85 percentile was 56 mph which was taken in June 2007. Commissioner Holton asked to clarify the distance from the entrance to the stop sign on Highway 60. Mr. Dunker stated that it is 1114 feet. Commissioner Holton inquired what the chances are of dropping the speed limit down to 30 mph. Mr. Dunker commented that the County Commissioners would have to take that under advisement. Commissioner Ochsner clarified that there would be no truck traffic on the gravel roads. Mr. Dunker replied that is what the applicant has indicated to him. Mr. Dunker commented that they are going to designate a haul route in the long term maintenance agreement. The haul route will be on the paved portion of County Road 38 and then on Highway 60. They will turn east and then get on Highway 85 and disperse. Commissioner Spitzer asked if there is currently a commercial use on the property. Mr.Ogle replied that the property is currently vacant. Commissioner Holton asked where the A&W trucks are coming from. Mr. Ogle replied that they are coming from the north approximately Yz mile. Commissioner Branham asked if there are any problems or concerns at the present time with traffic accidents in this area. Mr. Dunker commented that he did not research the accidents; therefore he could not answer that question. He said that the 878 feet to the west is short of the recommended per CDOT access code. CDOT access code is 935 feet. • Mr. Dunker commented that we could propose to the applicant to post a sign prior to the hill which says "Trucks Turning". He added that they could also propose posting an additional sign which states "Blind Hill". Mr. Dunker commented that he checked with their traffic engineer and she also thought would be appropriate. Commissioner Holton asked about posting signs for"Jake Brakes". Mr. Dunker commented that there are no signs out there currently and is unaware if they are using their jake brakes. He offered that if the Planning Commission wishes they can add that as a requirement. Commissioner Ochsner wished to clarify if Mr. Fritzler's house is on the paved road. Mr.Dunker indicated that it is. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Diane Wolfe, 13292 CR 38.5, Platteville. Ms.Wolfe handed out some additional pictures. She commented that she is here representing herself and her sister Donna Wolfe. She added that they do not fall within the 500 foot buffer per the County's requirements; however they do have some concerns. Ms.Wolfe stated that the posted description indicated that Noble Energy would be storing pipes,tubulars and some equipment (for example, forklifts). She added that the application indicates it would be the tubulars, production tanks, water pits, separators, and also a parking area for 15 tractor-trailers or flatbeds. Ms.Wolfe commented that this is not zoned Industrial, it is zoned Agricultural. She added that no matter what kind of landscaping is done it will be a major eye sore to this area. Ms. Wolfe cited Section 22-1-50.D.3.b and Section 23-3-10. Ms. Wolf stated that Noble Energy's industrial business is not directly related to or dependent upon agriculture nor is this protecting prime farm land. • Ms. Wolfe commented that the traffic impacts indicate that County Road 38 is currently utilized primarily by gravel trucks, farm vehicles, area residents and the sod farm. She indicated that Picture#1 is missing the numerous trucks hauling dirt, the dump trucks hauling the sludge and mud, the numerous water trucks, 5 commodity trucks, and oil and gas equipment. The intersection at County Road 38 and Highway 60 is a • potential traffic hazard as it is and the traffic between the area of County Road 38.5 and County Road 38 is horrendous. She added that on many occasions at the intersection of County Roads 38 and 38.5 the trucks don't stop or they piggy back out to beat the traffic. Ms. Wolfe stated that on County Road 38.5 A&W Water's oil and gas support business is hauling water and sludge. She commented that they average approximately 42.1 trucks per hour and added that it doesn't include any other traffic in there, just the water and sludge trucks. In 2008, 613 of the 736 trips she documented 84%of A&W's water and sludge trucks traffic entered or existed south. Ms.Wolfe stated that on County Road 38 we also have the traffic generated by Platte Sand and Gravel. Ms.Wolfe commented that the application states that the proposed use will not create high traffic volumes and is expected that the use will blend into the background. She responded that this business will add to the already unsafe conditions in the high traffic volume. She believes that they will not blend in but will contribute to the adverse conditions. She added that the way this was presented it sounds like traffic is minimal and it is awful. It is important to understand the impact that this will have with the additional 60 round trips per day by • Noble Energy. Ms. Wolfe cited Section 23-2-240.A.8. Ms. Wolfe cited Section 22-1-50.E.2 and Section 23-2-160.S. She commented that there are already safety issues and by adding more from this industrial business will increase the already present traffic hazard. She stated that there is currently no turn lanes, no county or state signage for heavy side road traffic or caution trucks entering the highway or road. She added that there is already a large industry with A&W Water that contributes to the potential traffic hazard. The only reference she saw in the Site Plan Review is in regard to Noble's access driveway. There is a lot more to be concerned about than their driveway. Ms. Wolfe cited Sections 23-2-250.A, 22-4-60, and 22-4-70 and commented that noise is a major source of environmental pollution and this represents a threat to serenity and quality of life in the State of Colorado. She added that the trucks sound like a train coming down the road. They are noisy because of the size and type. • Drivers are using theirjake brakes and honking their horns. Ms.Wolfe commented that with Noble Energy's business bringing in equipment and loading and unloading equipment will add to this already noisy area and putting up a chain link fence is not going to buffer the noise. Ms. Wolfe cited Section 22-4-40.C. She indicated that picture#2 shows the dust on County Roads 38 and 38.5. She said the trucks continue to cause a major nuisance condition with the dust and diesel fumes making this area a major concern for health issues. She added that the trucks which currently travel on County Roads 38 or 38.5 make the dust unbearable and visibility little to none. Ms. Wolfe expressed that there are no guarantees that these drivers for Noble Energy will follow these directions. The speed limit on State Highway 60 is 65 mph and is a two-lane highway. There is much concern with the dust issue and the safety of trucks turning onto or off of State Highway 60 as well as the safety of vehicles utilizing these roads. When the trucks pull out of A&W or come from Platte Sand and Gravel with a full load it takes them a while to pick up their speed. Therefore cars get impatient and start passing them and it is just unsafe. She felt that requirements from CDOT and the County should be in place to comply with their standards for the type and amount of volume. Ms. Wolfe commented that Noble Energy is a large company and has obviously stored their equipment in other storage yards as indicated in the application. She added that on their website it states that in 2008 the company has added 7000 additional acres. She believes that with the added 7000 acres there would have been a better suited location than this proposed location. Ms.Wolfe stated that picture#3 shows one of the best points from her sister's property which is the great view of the front range. They would like to see it stay that way. She added that to add to all of these previously noted concerns Noble Energy's equipment would impair that view plus depreciate the value of this home. Ms. Wolfe concluded in saying that she objects to Noble Energy's USR-1662 being approved in this area. • Linda Santora 13292 CR 38.5 stated that she is here to object to Noble Energy's proposed USR. She indicated that her reasons are under Section 22-1-50.D.2 and Section 22-1-50.D.2.C. She commented that 6 the definition of the word"mainstay" is a central cohesive source of support and stability and the word is not • used in any other subparagraph letter through A and D or anywhere else in the Weld County Code. Ms. Santora commented that the reason why the agriculture is a mainstay is included in Appendix 22-E Weld County's Right to Farm Statement as well as Section 22-2-30A Ms. Santora pointed out Appendix 22-D 2000 Base Economic Analysis and noted the difference that agriculture brings to the County compared to Industrial, Commercial or Electric Machinery. Ms. Santora cited Sections 22-1-50.D.2.a, 22-1-50.D.2.a.2, and Section 22-1-50.D.2.a.3. Ms.Santora continued to cite Section 22-1-120.6 and expressed that she doesn't think that Noble Energy has taken this into consideration and added that they do have other options. She noted that the adjoining properties at 804 Grand Avenue which is where their office is located in Platteville has an ample amount of acreage zoned Ag that could be accessed. She added that this land would be adjacent to the municipalities. Ms. Santora cited Section 22-1-50.D.2.b. She brought some descriptions of the land that is adjacent to the north of the main office. She commented that there is approximately 44 acres to the north of where their offices are currently located. Ms. Santora said that Noble Energy is proposing to not just use farmland, but prime farm land. In accordance with Section 23-1-90 by definition this land is considered prime farmland because of the availability of the consistent supply of clean water. Ms. Santora commented that Noble Energy's proposal is to be located on prime land and surrounded by prime land. She gave some examples of other options of where they could re-locate this proposal. • Ms.Santora commented that there are 15 semi-truck tractor trailers on the site plan. She added that in terms of additional trucks she doesn't know if Noble Energy contracts out to any independent contractors. Therefore it would be additional truck trips. Ms. Santora cited Section 22-2-120.A. She added that this would be the most practical use for the subject property. Ms. Santora continued to cite Sections 22-2-30.C and Section 22-4-30.C.2. Ms. Santora cited Appendix 22-E. She handed out some pictures that were taken 2-3 days ago. She commented that by looking at the photos there are large piles of dirt. She added that these large piles of dirt contain large pieces of concrete. These pieces of concrete used to be the tributaries for irrigation water and now they have all been dug up. She indicated that picture#2 shows that there are also clean piles of dirt that were brought in. Ms.Santora submitted an article published in the Fencepost on September 14,2008 titled"Young farmers are more optimistic than ever". She thinks that would be a great consideration for other uses of the land. Ms. Santora indicated on Page 4 of Noble Energy's application they estimate that there would be 60 truck trips that would come into the facility. She also indicated that it refers to needed storage because of additional wells. She noted that the increase of wells from 2006 to 2007 was more than a 16% increase. She added that with the year 2008 almost over a decrease or increase in oil production would reflect industrial trips. Ms. Santora concluded with her concerns of the already high traffic volume along with the addition of this proposed site. • The Chair closed the public portion of the meeting as no one else wished to speak. The Chair asked the representatives of Noble Energy to address the concerns stated in public testimony. 7 • Rick Behning, Baseline Corporation,920 9th Ave,Greeley. Mr.Behning commented that they are agreeable to any type of signage related to the access on County Road 38 of which Public Works deems necessary. Mr. Behning understands the concern of agricultural use. It is believed that when property is subdivided through a system like a recorded exemption the intent is that that parcel will not be used for agricultural use because they often result in smaller parcels. He added that in shopping around and looking at alternatives Noble Energy was attracted to those types of situations where the subdivision has already been approved by the County and an alternative use was already understood to be coming. Mr. Behning commented that in regard to the intersection hazard he wanted to remind the Planning Commission that CDOT has reviewed the application and are aware of the conditions of that intersection as well as Weld County Public Works. He added that neither entity believed that they would have a negative impact on the existing background traffic. Mr. Behning reiterated that Noble Energy is interested in complying with this Use by Special Review application and understands the gravity of this type of a process and is taking it seriously. He added that they do not intend to propose something of which would be a violation down the road. He added that they understand that if something were to change that they would have to come before the boards again to have all that approved. They have taken their truck logs over the past couple of months and looked at all the vehicles entering the site and have been very conservative on their estimated number of trucks per day. He commented that it is not a concern on Noble Energy's part that increased truck traffic would be necessary to continue to handle the workload and opportunities that they have had in this field. He understands that noise is certainly an issue and something that they really thought about when submitting this application. He said that they moved where they thought would be the most utilized parts of the yard away from the adjacent resident. All of these improvements would be nearly 1000 feet away from the intersection of State Highway 60 and County Road 38. He commented that with regard to Jake Brakes, he indicated that • Noble Energy would be happy to implement a policy that their drivers and subcontractors would not utilize them in that vicinity. Mr. Behning wished to comment on the concern of miscellaneous equipment. It is the intent to store tubulars, pipes and to operate the Tuboscope operation and to store those production facility types of equipment. There was a fear that if they didn't include miscellaneous equipment then they might have forgotten fencing or something along those lines. The Chair asked if the Planning Commissioners had any questions for Mr. Behning. Commissioner Holton asked if these trucks are Noble Energy's or if they were private trucks coming to pick up the tubing. Mr. Behning replied that he did not know the answer to that. The parking for those trailers that was noted previously is for trailers that are parked and loaded and then a tractor comes to pick those up and takes them out. His guess is that they probably are not property of Noble Energy. Commissioner Ochsner asked if there would be any trucks stored on-site. Mr. Behning stated that it has not been indicated to him that they would. He said that the idea of the pipe racks as indicated in the pictures are generally lower to the ground. He said that those would be on-site as well as trailers parked there so that as they got tickets for desired tubulars to be shipped out they could load those up and then a truck comes to picks them up and takes them out. He commented that he was not directed to provide any parking for trucks on site. Commissioner Ochsner referred to the dirt pile with the concrete ditch remnants. He asked Mr. Ogle if he knew if there is a lateral that was disturbed that would affect other land owners. Mr.Ogle stated that there are 4 stock piles of soil and concrete in the soil, however it is not located on this property. He would guess that it may be a private lateral as it doesn't go across the ditch. Mr. Ogle indicated that these piles were on the property to the east of this site. • Commissioner Holton commented that the plan indicated that the access is limited to County Road 38. He asked if this is the only access to the property or if there was an additional one for emergencies. Mr. Ogle 8 replied that the only access to this property is from County Road 38. • Commissioner Holton asked that if things got really busy if there was a maximum number of truck traffic that they would like to see coming in and out of there before it is reviewed again. Mr. Ogle stated that anything greater than 60 round trips would be non-compliant with their USR application and then it would come under a substantial change show cause hearing. Commissioner Spitzer asked if Mr. Ogle could show where the A&W traffic is coming from in relationship to this proposed application. Mr. Ogle indicated on a map where the A&W site is. He added that there is no USR for A&W, however staff has met with them and asked them to bring in an application for staff review. He further added that it is currently a pending violation item until they submit a USR application and he expects that to be in the next couple of weeks. Commissioner Spitzer asked about the dust and if that would be addressed with the USR from A&W Water. Mr. Ogle stated that it would be. Commissioner Lawley commented that the signage issue needed to be addressed. Mr. Dunker noted that there should be a limit on the number of vehicle trips into the Development Standards as well. Robert Grand moved to amend Development Standard#24 from three(3)employees to five(5)employees as suggested by staff, seconded by Roy Spitzer. Motion carried. Commissioner Holton clarified that the speed limit would only be up to the property and everything west of that would continue as normal. Mr. Dunker said that in staying with good engineering practice you like to step those down speed limits to 15 mph increments. Therefore stepping it down to 40 mph before the hill would be his recommendation. He added that it would give them a site distance of 680 feet. Mr. Dunker suggested adding Development Standards with relation to signs. Mr. Dunker started with • Development Standard #31 to read "The applicant shall install a 'Trucks Turning' sign on County Road 38 before the ditch crossing per MUTCD Standards", Development Standard #32 to read "The 'Blind Hill' sign shall be installed on the applicant's property per MUTCD Standards", Development Standard#33 to read"'No Jake Brake' signs shall be installed on County Road 38 to the State Highway 60 stop sign per MUTCD Standards", Development Standard#34 to read"Maximum number of truck vehicle trips per day shall be 60 trips", Development Standard #35 to read "Request that the speed limit be reduced to 40 mph at the same location of the 'Trucks Turning' sign". Tom Holton moved to add Development Standards 31, 32, 33, 34, 35 as recommended by staff,seconded by Mark Lawley. Motion carried. The Chair asked the applicant if they have read through the amended Development Standards and Conditions of Approval and if they are agreement with those. Mr. Behning commented that he doesn't believe that Noble Energy has any concern about what speed limit is desired to be on the road,given that they probably wouldn't detain that speed anyway between their access and intersection of County Road 38 and State Highway 60. His concern is that, ironically,when he visited Mr.Dunker at the Public Works office he read a booklet that the County puts out on speed limits. He added that Colorado Statute says that you cannot change the speed limit from what the State designates without a traffic study. He feels that Noble Energy would be concerned if it is the intent of the Planning Commission to put that burden on them to demonstrate what the speed limit should be there. Mr. Behning reiterated that he doesn't believe Noble Energy would have any concern to change the speed limit; however it was implied that they would be responsible in accommodating that change. Mr. Dunker stated that in other cases they have done where the County has deemed necessary to reduce the speed limit the County Commissioners have voted on it. He asked Cyndy Giauque, County Attorney, for further advisement. Ms. Giauque noted that this is a request. Therefore, Public Works is making a suggestion to the Commissioners if they would consider going through this process. Mr. Ochsner clarified that if the request is approved and the County Commissioners say that we do need a traffic study then it would be the applicant's responsibility. Ms.Giauque stated that it would be up to the County Commissioners to decide how they want • to proceed with that. She mentioned that the applicant can work with the County Commissioners on that issue. 9 The Chair asked Mr. Behning again if they are in agreement with the amended Conditions of Approval and Development Standards. Mr. Behning replied that he understands the amendment to be five(5)employees,a Blind Hill sign, and Trucks Turning sign. He has a slight concern with the"Jake Brake"sign recommendation as he is not familiar with what that would entail, for example the amount of signs that would need to be installed. He expressed that Noble Energy might have some heartburn if that scope were to expand based on the Manuel Uniform Traffic Control Devices. He reiterated that Noble Energy may have a concern with having that burden put on them to address what is really a CDOT or County wide issue. He doesn't believe that there is any issue as far as what is required for their access drive. He understands that what is being proposed is a Condition of Approval to change the speed limit from 55 mph to 40 mph. While Noble Energy has no problem with the speed limit being modified, He is concerned that it is being suggested that it is a requirement of the Planning Commissioner's recommendation. Commissioner Ochsner stated that they are requesting that the County Commissioners review it. He asked Mr. Behning if he is comfortable with the list of Conditions of Approval and Development Standards as amended then he would need to respond that he is in agreement or if there are specific things he would like to change. Mr. Behning commented that he is comfortable in addressing the County Commissioners at the time they review the application and added that he will do some due diligence in coming prepared with regard to those 5 points at that meeting. Mark Lawley moved that Case USR-1662, be forwarded to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, seconded by Robert Grand. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick Berryman,yes; Paul Branham,yes; Erich Ehrlich,absent; Robert Grand,yes; Bill Hall,yes;Mark Lawley,yes; Roy Spitzer, yes; Tom Holton, no with comment; Doug Ochsner, no with comment. Motion carried. Commissioner Holton cited Section 22-2-150.6.4 and Section 23-2-220.A.3 and 23-22-220.A.4. He expressed that this application is a very industrial use in an Ag zoned area and believes that there are other appropriate locations best suited for this. Therefore he doesn't believe that it is compatible with this zone. Commissioner Ochsner cited Section 23-2-220.A.3 for compatibility. He believes that this is Commercial in scope and would be better placed in an Industrial/Commercial zoned area. The Chair asked the public if there were other items of business that they would like to discuss. No one wished to speak. The Chair asked the Planning Commission members if there was any new business to discuss. No one had any further business to discuss. Meeting adjourned at 2:57 p.m. Respectfully submitted, Kristine Ranslem Secretary • 10 Hello