HomeMy WebLinkAbout20071607.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Paul Branham 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: 3r°AmUSR-1002
APPLICANT: Cannon Land Company/Encana Oil & Gas Inc
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot A of AmRE-1474, part of the S2 SW4 of Section 11, T2N,
R66W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for
Oil and Gas Support and Services (natural gas processing,
treating, compression and fractionation facility)and an Office for
training and meeting purposes in the A(Agricultural)Zone
District.
LOCATION: North of and adjacent to CR 22; approximately 1 and 1/4 mile
east of CR 31.
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 Weld County 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 all other
applicable code provisions or ordinance in effect. Section 22-2-150.b (.Goal 2. states
"Encourage the expansion and diversification of the industrial economic base". The site has
been approved under 2nd AMUSR-1002 for an Oil and Gas Support and Services since April
26, 1993 and is currently in operation. The amendment is to expand the existing facility to
include an office for training and meeting purposes. Section 22-5-100.A(OG.Goal 5.)states
"Oil and gas support facilities decisions which do not rely on geology for locations shall be
subjected to review...." This proposal has been reviewed by the appropriate referral agencies
and it has been determined that the attached Conditions of Approval and Development
Standards ensure that there are adequate provisions for the protection of the health, safety
and welfare of the inhabitants of the neighborhood and county.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Section 23-3-40.A.2 of the Weld County Code provides for Oil and Gas
Support and Service as a Use by Special Review in the A(Agricultural)Zone District.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses.The surrounding property is primarily agricultural with USR-211 for a
gas compressor station(1975)and USR-1291 for an oil and gas support facility(2006)to the
south of the property. The Development Standards and Conditions of Approval will ensure
compatibility with adjacent properties.
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 subject property is not within the three mile referral area of any
municipality boundary.
E. Section 23-2-220.A.5 --The site does not lie within any Overlay Districts.
C
Effective January 1, 2003, Building Permits issued on the proposed lots will be required t m
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) = (1).
Effective August 1, 2005, Building permits issued on the subject site will be required to W
2007-1607 .nwaa
Resolution 3rdAmUSR-1002
Cannon Land Co/Encana Oil &Gas Inc
Page 2
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 has been approved
for an Oil and Gas Support and Services since April 26, 1993 through 2nd AMUSR-1002 and
is currently in operation on the existing 25 acres.
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 Weld County Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to scheduling a Board of County Commissioners hearing:
A. The applicant shall submit a detailed Signage Plan to the Department of Planning Services.
The applicant shall review the sign code in Sections 23-4-60 through 23-4-120 including
appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning
Services)
B. The applicant shall submit a Landscape/Screening Plan in compliance with Section 23-2-
240.A and 23-3-350.G and H of the Weld County Code and demonstrate how the proposed
plant material will be watered to the Department of Planning Services. (Department of
Planning Services)
C. The applicant shall either submit a copy of an agreement with the property's mineral
owner/operators stipulating that the oil and gas activities have been adequately incorporated
into the design of the site or show evidence that an adequate attempt has been made to
mitigate the concerns of the mineral owner/operators. Drill envelopes can be delineated on
the plat in accordance with the State requirements as an attempt to mitigate concerns. The
plat shall be amended to include any possible future drilling sites. (Department of Planning
Services)
D. The applicant shall address the requirements (concerns) of State of Colorado Division of
Water Resources,as stated in the referral response dated December 22,2006. Evidence of
such shall be submitted in writing to the Department of Planning Services. (Department of
Planning Services)
2. Prior to recording the plat:
A. 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. Evidence of written approval shall be submitted to the Department
of Planning Services. (Department of Public Health and Environment)
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.
Evidence of written approval shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
C. The applicant shall provide current evidence that the facility has an adequate water supply to
the Departments of Public Health and Environment and Planning Services. A Permit to
Construct a Well, Permit#171038, has been submitted with the application. It is not known
Resolution 3rdAmUSR-1002
Cannon Land Co/Encana Oil & Gas Inc
Page 3
at this time if this well has been constructed. Evidence of approval shall be submitted to the
Department of Planning Services. (Department of Public Health and 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. Evidence of written approval shall be submitted to the
Department of Planning Services. (Department of Public Health and Environment)
E. 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. Evidence
of written approval shall be submitted to the Department of Planning Services. The plan shall
include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed(including the facility
name, address, and phone number). (Department of Public Health and
Environment)
F. The applicant shall provide the Department of Planning Services with a maintenance plan
that is in compliance with Section 23-2-250.F of the Weld County Code. (Department of
Planning Services)
G. The applicant shall enter into a Private Improvements Agreement according to policy
regarding collateral for improvements and post adequate collateral for all landscaping,
transportation (access drive, parking areas, et cetera) and non-transportation (plant
materials, fencing, screening, water, signage et cetera). The agreement and form of
collateral shall be reviewed by County Staff and accepted by the Board of County
Commissioners prior to recording the Use by Special Review plat. Or the applicant may
submit evidence that all the work has been completed and approved by the Department of
Planning Services and the Department of Public Works. (Department of Planning Services)
H. The applicant shall address the requirements (concerns) of Department of Building
Inspection, as stated in the referral response dated December 27, 2006. Evidence of such
shall be submitted in writing to the Department of Planning Services. (Department of
Planning Services)
I. The applicant shall address the requirements (concerns) of Platteville / Gilcrest Fire
Protection District, as stated in the referral response dated January 2, 2007 Evidence of
such shall be submitted in writing to the Department of Planning Services. (Department of
Planning Services)
J. The applicant shall address the requirements(concerns)of Department of Public Works,as
stated in the referral response dated January 3,2007. Evidence of such shall be submitted in
writing to the Department of Planning Services. (Department of Planning Services)
K. The applicant shall address the requirements(concerns)of Department of Planning Services
Landscape referral, as stated in the referral response dated December 13,2006. Evidence
of such shall be submitted in writing to the Department of Planning Services. (Department of
Planning Services)
L. If applicable,the applicant shall apply for a Non Conforming Structure(NCU)for the existing
buildings on site if the buildings will not meet setbacks per Section 23-3-50 of the Weld
County Code. (Department of Planning Services)
Resolution 3rdAmUSR-1002
Cannon Land Co/Encana Oil &Gas Inc
Page 4
M. The plat shall be amended to delineate the following:
1. All the pages of the plat shall be labeled 3rd AMUSR-1002. (Department of Planning
Services)
2. The off street parking spaces including the access drive and loading spaces shall be
surfaced with gravel, asphalt, concrete or the equivalent and shall be graded to
prevent drainage problems. (Department of Public Works)
3. Should exterior lighting be a part of this facility,all light standards shall be delineated
on the Use by Special Review Plat. Section 23-3-250.B addresses operation
standards for Commercial uses. The applicant shall address the issue of on-site
lighting, including security lighting if applicable. Subsection F.states"any lighting ...
shall be designed, located and operated in such a manner as to meet the following
standards: sources of light shall be shielded so that beams or rays of light will not
shine directly onto adjacent properties...." (Department of Planning Services)
4. County Road 22 is designated on the Weld County Road Classification Plan as
strategic roadway, which requires 140 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way.A total of 30 feet from the centerline of County Road
22 shall be delineated on the plat as existing right-of-way and an additional 40 feet
shall be delineated on the plat as future right-of-way. The applicant shall verify the
existing right-of-way and the documents creating the right-of-way. This road is
maintained by Weld County. (Department of Public Works)
5. The existing two access points shall be delineated on the plat. (Department of
s-� Public Works)
6. Section 23-3-250.A.2 of the Weld County Code addresses parking. Sufficient
screened,off-street, paved parking areas shall be provided to meet the requirements
of employees, company vehicles, visitors and customers of the Uses Allowed by
Right and Accessory Uses. Appendix 23-A describes the design requirements for
parking spaces and Appendix 23-B delineates the number of parking spaces
required by use for this property. The Department of Planning Services is requiring
that a total of seventy five (75)parking be required for this facility of which three(3)
must meet the requirements of the Americans with Disabilities Act. (Department of
Planning Services)
7. The parking spaces shall be equipped with wheel guards or curb blocks when
necessary to prevent vehicles from extending beyond the boundary of the space and
from coming into contact with other vehicles, walls, fences or plantings.
(Departments of Public Works and Planning Services)
8. The parking lots with two-way drives shall have sufficient turning lane widths to allow
two vehicles to pass. (Department of Public Works)
9. Each off street loading space shall be at least 35 feet in length and 10 feet in width.
(Department of Public Works)
10. The attached Development Standards. (Department of Planning Services)
11. The plat shall be prepared in conformance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
12. 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)
Resolution 3rdAmUSR-1002
Cannon Land Co/Encana Oil &Gas Inc
Page 5
3. 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)
4. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are .dwg, .dxf,and .dgn(Microstation); acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is .tif(Group 4).(Group 6 is not acceptable). This digital file may be
sent to maps(cilco.weld.co.us. (Department of Planning Services)
5. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk
and Recorder. (Department of Planning Services)
6. Prior to issuance of building permit:
A. One month prior to construction 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. Contact the Water Quality Control
Division of the Colorado Department of Public Health and the Environment at
www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of Public Health
and Environment)
B. The applicant shall submit building plans to the Platteville Gilcrest Fire Protection District for
review and approval. A letter of approval shall be submitted to the Department of Building
Inspection. (Platteville Gilcrest Fire Protection District)
7. Prior to the issuance of the Certificate of Occupancy:
A. The applicant shall install an engineer designed septic system for office/meeting building to
handle the hydraulic load for a maximum of 75 people. The system design shall comply with
all County and State Laws, Regulations and Policies. In the event the septic system(s)
requires a design capacity of over 2,000 gallons of sewage per day the applicants shall
provide evidence that all requirements of the Water Quality Control Division of the Colorado
Department of Public Health and Environment(specifically Policies WQSA-6 and WQSA-8)
have been satisfied. Evidence of compliance shall be provided to the Weld County
Department of Public Health and Environment. (Department of Public Health and
Environment)
B. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V
Injection Well permit from the Environmental Protection Agency(EPA)for any large-capacity
septic system (a septic system with the capacity to serve 20 or more persons per day).
Alternately,the applicant can provide evidence from the EPA that they are not subject to the
EPA Class V requirements. (Department of Public Health and Environment)
C. The water system(well)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. (Department of
Public Health and Environment)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Cannon Land
3rd AMUSR-1002
1. The Site Specific Development Plan and a Special Review Permit for an Oil and Gas Support and
Services (Natural gas processing,treating,compression and fractionation facility) and an Office for
training and meeting purposes 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. Hours of operation will be 24 hours 7 days a week as stated in the application material. (Department
of Planning Services)
4. The site shall be limited to no more than seventy five (75) employees as stated in the application
material. (Department of Planning Services)
5. There shall be no parking or staging of trucks within the public right-of-way.(Department of Planning
Services)
6. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan. Neither the direct nor reflected light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be
used which may be confused with or constructed as traffic control devices. (Department of Planning
Services)
7. 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)
8. 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)
9. 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)
10. The applicant shall operate in accordance with the approved"waste handling plan". (Department of
Public Health and Environment)
11. 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)
12. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
13. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility.
(Department of Public Health and Environment)
14. 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. Two septic permits for up to 15 persons each septic system have been issued, Septic
Permit#G19930221 and SP9700527. A new septic system shall be installed for the office/meeting
building. (Department of Public Health and Environment)
15. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
16. 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), if applicable. (Department of Public Health and
Environment)
17. One month prior to operation, 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. Contact the Water Quality Control Division of
the Colorado Department of Public Health and the Environment at
www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of Public Health and
Environment)
18. The applicant shall submit building plans to the Platteville/Gilcrest Fire Protection District for review
and approval prior to the issuance of building permits. A letter of approval shall be submitted to the
Department of Building Inspection. (Department of Planning Services)
19. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with
product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's)and
volatile organic compounds (VOC's). (Department of Public Health and Environment)
20. 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)
21. 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)
22. 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)
23. The site must take into consideration storm water capture/quality and provide accordingly for best
management practices. (Department of Public Works)
24. A plan review is required for any additional building. Plans shall bear the wet stamp of a Colorado
registered architect or engineer. (Department of Building Inspection)
25. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently, the following has been adopted by Weld County: 2003 International Building
Code, 2003 International Mechanical Code, 2003 International Plumbing Code, 2002 National
Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection)
26. Buildings may require an engineered foundation based on a site-specific geotechnical report or an
open hole inspection preformed by a Colorado registered engineer. Engineered foundations shall be
designed by a Colorado registered engineer. (Department of Building Inspection)
27. Fire resistance walls and opening,construction requirement,maximum building height and allowable
areas will be reviewed at the plan review. Setback and offset distances shall be determined by the
Weld County Code. (Department of Building Inspection)
28. Building heights shall be measured in accordance with 2003 International 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 for 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. When measuring
buildings to determine offset and setback requirements, buildings are measured to the farthest
projection from the building. Property lines shall be clearly identified. (Department of Building
Inspection)
29. 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)
30. 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)
31. Property shall be maintained in such a manner that grasses and weeds are not permitted to grow
taller than twelve (12) inches. In no event shall the property owners allow the growth of noxious
weeds. (Department of Planning Services)
32. The landscaping and screening on site shall be maintained in accordance with the approved
Landscape/Screening Plan. (Department of Planning Services)
33. 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)
34. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
35. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
36. Personnel from the 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.
37. 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.
38. 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.
Motion seconded by Doug Ochsner.
VOTE:
For Passage Against Passage Absent
Bruce Fitzgerald
Chad Auer
Tom Holton
Doug Ochsner
James Welch
Erich Ehrlich
Roy Spitzer
Paul Branham
Mark Lawley
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.
r
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 February 20, 2007.
Dated.the 20th
AAA IV
Donita May
Secretary
r
r^
Tom Holton asked if the basic agreement remained the same. Mr. Barker replied that it would. Mr.
Mueller said they anticipated other IGA amendments over time, and those more substantive in nature
would be presented in more detail, but he and Mr. Barker both agreed that this request was more
administrative in terms of its scope and scale. Mr. Barker agreed and added the Planning Commission's
role was to deny or recommend approval.
Doug Ochsner asked if this extended the current agreement. Mr. Mueller replied that the agreement
automatically renewed every year unless either party took action against it. Mr. Barker added that a yearly
automatic renewal to keep it perpetual was decided to be the best solution, unless either side wanted to
get out of the agreement. Mr. Mueller said the County has IGA's with about half of the larger
municipalities and those IGA's were all very similar and it was likely that future IGA's would probably be
more town specific, more site specific, rather than such broad documents.
Mr. Holton asked about the bulk standard requirements/differences and how much attention they had to
pay to them, and why private property owners did not seem to be involved or have any input in the
decisions. Mr. Mueller said they did not need to consider the bulk standards in this instance. He added
that the County takes two different approaches with municipalities: with about half of the municipalities
they would negotiate IGA's on a case by case basis; with the other half of the municipalities they have no
agreement and in those particular cases they had County designated UGB's that were defined per the
Code and all the UGB line did was say if landowner wanted to zone to a higher use, our Comprehensive
Plan would support that ability. Mr. Mueller said if an application was processed in a city, it must follow
their guidelines and if processed in the County, it must then follow County guidelines. Mr. Holton said it
was his understanding that the city gets first shot and if things did not work out then it came to the County.
Mr. Mueller responded that was true with IGA's but for UGB's they encouraged going to the towns for
annexation and cited Section 22-2-110 of the Code.
Mr. Mueller added this was a balancing act between IGA's, UGB's and private property rights and the off
site impacts that happen with land use. The goal of the Comprehensive Plan was to foster some level of
regional coordination and putting that into practice could be difficult. Municipalities and jurisdictions must
sit down and try to find a balance between the cities ability and the County's ability and recognize the
differences and similarities. Mr. Holton said towns like Hudson were willing to negotiate but many do not
and the loser was the private property owners and he did not want that to go unnoticed by the Board of
County Commissioners or the municipalities. Mr. Mueller responded the Board of County Commissioners
was aware of that and they hoped to develop a framework for additional IGA's to be created. Mr. Holton
asked about modifying agreements, how that process worked, and said the time involved (seven months)
seemed excessive. Mr. Barker responded that seven months was due to the annexation election
requirement and the petition process took that long, and regarding the Town of Hudson -they had notified
every property/landowner of meetings and the process at least two, maybe three times. Mr. Holton said
that if the Town of Hudson were to change the process, the property owners might not get notified.
Mr. Mueller cited Section 22-2-110 A.3. of the Code regarding notification to landowners. Bruce Fitzgerald
spoke about annexation time frames, but the bulk of his comments were inaudible
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 closed the public portion of the hearing.
Bruce Fitzgerald moved that Case 2007-XX , 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; Erich Ehrlich, yes; Bruce Fitzgerald, yes; Tom Holton, yes ; Mark Lawley, yes ; Roy Spitzer,
yes; Doug Ochsner, yes; Chad Auer, yes. Motion carried unanimously.
4. CASE NUMBER: 3rd AmUSR-1002
APPLICANT: Cannon Land Company/Encana Oil & Gas Inc
PLANNER: Jacqueline Hatch LO
LEGAL DESCRIPTION: Lot A of AmRE-1474, part of the S2 SW4 of Section 11, T2N, C %kia
.wovw'
R66W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for
Oil and Gas Support and Services (natural gas processing,
treating, compression and fractionation facility) and an Office for
training and meeting purposes in the A(Agricultural)Zone
District.
LOCATION: North of and adjacent to CR 22; approximately 1 and 1/4 mile
east of CR 31.
Jacqueline Hatch, Department of Planning Services, said Cannon Land Company/Encana Oil and Gas Inc
do Rodney Barnes and William Crews have applied for a Site Specific Development Plan and a Special
Review Permit for an Oil and Gas Support and Services(Natural gas processing,treating,compression and
fractionation facility)and an Office for training and meeting purposes in the A(Agricultural)Zone District.
The sign announcing the Planning Commission hearing was posted on February 10, 2007 by Staff.
The site is located North of and adjacent to CR 22 and approximately 1 and Y mile east of CR 31 and consists
of approximately twenty five acres.
The site has been approved under 2n°AMUSR-1002 for Oil and Gas Support and Services since April 26,
1993 and is currently in operation. The amendment is to expand the existing facility to include an office for
training and meeting purposes. The site is proposed to be serviced by an individual septic system and well.
The surrounding property is primarily agricultural with USR-211 for a gas compressor station(1975)and USR-
1291 for an oil and gas support facility(2006)to the south of the property. No letters have been received from
surrounding property owners. The Development Standards and Conditions of Approval will ensure
compatibility with adjacent properties.
The subject property is not within the three mile referral area of any municipality boundary.
Eleven referral agencies reviewed this case,two referral agencies had no comments,and six referral agencies
included conditions that have been attempted to be addressed through the Development Standards and
Conditions of Approval. No comments were received from the Division of Wildlife, the Oil and Gas
Conservation Commission, or the Weld County Sheriffs Office.
The Department of Planning Services is recommending this application be approved.
Ms. Hatch,said there were three changes to the Development Standards and Conditions of Approval per the
memorandum. The three new standards would be added after the current number eighteen and renumbered
accordingly.
William Crews,8203 W 20 St,Ste B,Greeley CO,applicant's consultant,accompanied by Rodney Barnes,the
Plant Manager, spoke about the amendments to the original USR,where the first was to add the scent to the
natural gas and the second was to add an office and training building. Mr.Crews said they were trying to avoid
coming before the Planning Commission again until future equipment would be required to augment the plant
and this should be the last request until they needed to add land to the USR. Mr. Crews then presented the
issues they would like to address: page three regarding item 1.A., the existing (4x6)sign at the facility, and
that they had no intent of adding any other signs so they did not believe there was a need for a signage plan;
item LB., regarding screening, and that they did not plan to do any further screening and they strongly
objected to the opaque fencing from a security standpoint as they must see out,in addition to which the facility
was currently fenced and had barbed wire at the top; item 1.B., regarding additional landscaping,and that their
water permit prohibited them from using any live plants,and as the site was quite remote, it seemed wasteful
to spend money on additional landscaping or trucking in of water for landscaping; cited item 1.C., Mineral
Notification, and asked if the Department of Planning Services had received the letter from Kerr-McGee.
Ms. Hatch, regarding page three, item LA., asked the applicant to acknowledge this was the only sign they
had and the only one they intended to have and that Condition 1.A.,page three remain as prior to the Board of
County Commissioners;that they also put something in writing regarding their landscaping/screening plan for
4
the Board of County Commissioner's reference;cited page three, item 1.B.and said Staff needs something in
writing from the applicant as to their fencing plan; regarding item 1.C., it should remain on the plat as a
Condition and be marked as completed once reviewed.
Bruce Fitzgerald asked Mr. Crews if it would be possible to transport water to the site for the landscaping.
Tom Holton asked if they were talking about existing landscaping or were they planning to build something
else. Mr.Barnes said there was no vegetative landscaping on the site except for what they had implemented
to prevent and maintain proper storm water run off. Ms. Hatch said landscaping/screening was a requirement
of the Code and was a standard note they put on all applications. The Planning Commission's task was to
approve/disapprove the applicant's request to omit landscaping and screening. The Board of County
Commissioners would make the final recommendation.
Mr. Holton asked how many employees there were presently on the site. Mr. Barnes replied there were
currently fifteen employees with ten to fifteen in training,for a total of thirty maximum. Mr. Barnes expressed
confusion as to how they were to determine the number of employees given that some were actual employees
and some were in training and asked for further clarification. Ms. Hatch said item 5.A. in their questionnaire
allowed up to seventy five total employees/trainees and parking needed to be provided for them, Staff was
comfortable with seventy five parking spaces. Mr. Barnes said the maximum number of people occupying the
building comfortably would be thirty to forty five so he felt providing parking spaces for seventy five people was
a bit too high for their requirements. Chad Auer felt that under their current plan they have inadequate
parking. Ms. Hatch said keeping the seventy five would prevent the applicant from coming before the
Planning Commission in the future, but the applicant could reduce parking numbers and number of employees
if need be.
Don Carroll, Department of Public Works,said this was a tight site and there was a problem with trying to park
seventy five vehicles there and that twenty five to thirty five was a more reasonable number given the present
site.
Mr. Crews then clarified item 2.C.prior to recording the plat,and that the well had been constructed and was
in use; they had a well permit but not potable water so they had drinking water delivered. Mr. Crews also
asked about further explanation regarding the odor abatement plan per the Department of Public Health and
Environment. Char Davis, Department of Public Health and Environment, said that after speaking to Phil
Brewer,also with the Department of Public Health and Environment,that the odor abatement issues were with
the mercaptin(scent added to natural gas)and the neighbors,and asked how the applicant planned to handle
this issue. Mr. Holton asked if there were any complaints from surrounding property owners. Ms. Davis
responded there were none at present. Mr. Barnes asked for direction and Ms.Davis said she would have Mr.
Brewer contact them with further information.
Erich Ehrlich asked Ms. Davis about Development Standard number fourteen on page nine regarding the
office building and was a septic system required. Ms. Davis said that it was. Mr. Barnes said they currently
had two permitted septic systems. Ms. Davis said the two existing were for thirty people total but with the new
building, the Code required an additional system to handle the additional people on the site. Mr. Ehrlich
wanted the applicant aware of Developmental Standard, page nine, item fourteen. Ms. Davis reviewed the
Code requirements for septic systems with Mr. Barnes. Mr. Barnes then asked for further clarification as to
who were employees—full time people assigned to the facility or those brought in short term. Ms. Hatch said
they needed to plan for the largest capacity,which would be seventy five people, no matter how little or how
long they were on the site. Ms. Davis said the septic must be sized to meet the maximum number of people
on site at any one time. Mr. Barnes said they would have to address that requirement and get back to the
Planning Commission with their decision. Mr. Crews added they were trying to cover all bases so they did not
need to come before the Planning Commission again in the near future to further amend the application.
Paul Branham asked if they understood that part of the approval included the additional septic system. Mr.
Barnes replied that had become clear today. Ms. Davis said if capacity were over twenty five people they
would also be required to go through the State primary drinking water regulations process for the well,test the
water, and the water quality must be adequate for drinking and that was outlined in item 7.C. under the
Conditions of Occupancy.
Mr. Crews said there was a mail mix-up and that he still had not received his permanent copy of the
5
recommendations and referrals, though Mr. Barnes had received his the day before. Ms. Hatch asked Mr.
Crews if he had received the information in question that she had faxed to him Friday, February 16,2007. Mr.
Crews replied that he had received the faxed Staff comments and referrals.
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 closed the public portion of the hearing.
Don Carroll, Department of Public Works, asked if they were staying with seventy five parking spaces.
Chad Auer said that page eight, item four called out the number of employees, septic, water, and parking
spaces.
Paul Branham said he had heard nothing from the applicant about reducing their numbers so it should remain
as recommended by Staff.
Doug Ochsner motion to approve the Development Standards and Conditions of Approval as amended in the
memorandum submitted by Ms. Hatch February 20, 2007. Erich Ehrlich seconded.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul
Branham,yes; Erich Ehrlich,yes; Bruce Fitzgerald,yes;Tom Holton,yes; Mark Lawley,yes; Roy Spitzer,yes;
Doug Ochsner, yes; Chad Auer, yes. Motion carried unanimously.
Tom Holton asked about item.1.B., page two, regarding screening and landscaping, and was everyone
satisfied. Mr. Auer said it was his understanding that was easily met by having the applicant agree on the
record or by letter stating they were not proposing any landscaping on site,and that would also suffice for the
sign plan. Ms. Hatch concurred.
Mr. Holton then asked the applicant if he understood that if the number of employees remained at seventy five,
then they must have parking spaces, sewer, new septic, water quality test with the State, for seventy five
people and were they agreeable with that. Mr. Barnes said anything over twenty five people would require that
anyway so they were in agreement. Ms. Davis said that was correct. Mr. Barnes said they would stay with the
seventy five and asked if they could have inside fence parking for employees and outside fence parking for
visitors. Mr. Carroll, Department of Public Works, said that was fine and the Department of Public Works
would also like parking labeled on the plat and they did not want any staging of parking on the county roads .
The Chair asked the applicant if he agreed with the Development Standards and Conditions of Approval as
amended. Mr. Crews recapped the changes and said he was in agreement.
Paul Branham moved they forward Case 3rdAmUSR-1002 to the Board of County Commissioners along with
the amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval. Doug Ochsner seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul
Branham, yes; Erich Ehrlich,yes; Bruce Fitzgerald,yes;Tom Holton,yes; Mark Lawley,yes;Roy Spitzer,yes;
Doug Ochsner, yes; Chad Auer, yes. Motion carried unanimously.
In other business, Bruce Fitzgerald nominated Tom Holton as technical advisory committee representative for
the 2007 Comprehensive Plan. Erich Ehrlich seconded. Seeing no other nominations,the Chair closed the
nominations and declared Tom Holton elected by acclamation.
Meeting adjourned at 2:50 p.m.
Respectfully submitted,
1651,66 /78 \
Donita May
Secretary
6
Hello