HomeMy WebLinkAbout20071414.tiff RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION
Moved by Bruce Fitzgerald 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-1604
APPLICANT: Marcum Midstream 1995-2 Business Trust/Conquest Oil Co
PLANNER: • Kim'Ogle '
LEGAL DESCRIPTION: S2 SE4 of Section 30, T3N, R65W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for an Oil and Gas
Support'Focitity(Class II Oilfield Waste Disposal Facility)in the A(Agricultural)
Zone District.
LOCATION: West of and adjacent to CR 39; approximately 2 miles south of CR 32.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-
260 of the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with
Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any
other applicable code provisions or ordinance in effect. Section 22-5-100.A
(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.
Section 22-2-60.D A.Goal 4 states: "Conversion of agricultural land to urban scale
residential,commercial,and industrial uses will be considered when the subject site
is in an area that can support such development. Such development shall attempt
to be compatible with the region. This goal is intended to address conversion of
agricultural land to non-urban uses. Once converted, this land is less conducive to
agricultural production." The site consists of eighty(80)acres and the U.S.D.A.Soils
Maps of Prime Farmlands of Weld County dated 1997 indicate that the soils on this
property as "other", with the USR area occurring within Lot A of RE-4612. The
surrounding properties are primarily agricultural with single family homes. The
applicant is proposing an on-site septic system and the water will be provided by an
individual well, permit number 272956.
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 site is bordered by agricultural uses. Single
family residences are located on properties to the north and southeast of the site.
Development Standards and Conditions of Approval will ensure that this use will be
compatible with surrounding land uses.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with
future development of the surrounding area as permitted by the existing zoning and
with the future development as projected by Chapter 22 of the Weld County Code
and any other 'applicable code provisions or ordinances in effect, or the adopted
Master Plans of affected municipalities. The site is not located within three miles of t
a municipality. The applicant is requesting a sign that complies with the Commercial m
Zone District of the Weld County Code. The applicant is proposing to have a sign
to be located in the north west corner of the intersection of County Road 39 and W
2007-1414
aMaaw ,
Resolution USR-1604
CONQUEST OIL COMPANY
(Marcum Midstream 1995-2 Business Trust)
Page 2
County Road 28, section line road. Further, the applicant states there will be 60-70
truck trips per day to this facility. County Road 39 is utilized for truck traffic for the
nearby dairy,oil and gas facilities and existing commercial and industrial facilities all
permitted under an Use by Special Review Permits. [(North) SUP-243 unknown
number Turkey Farm;(East)USR-1201,6000 head Dairy;(South)SUP-128100,000
head Turkey Farm, USR-1311 Salvage Yard,AmUSR-1232 Commercial Junkyard,
AmUSR-842 Tire Mountain, and AmSPR-297, Patina E+P Waste Facility].
E. Section 23-2-220.A.5--The site does not lie within any Overlay Districts.
Effective January 1,2003,Building Permits issued on the subject site 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 U.S.D.A.
Soils Maps of Prime Farmlands of Weld County dated 1979 designated the soils on
this property as"other".
G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County
Code), Operation Standards(Section 23-2-250,Weld County Code),Conditions of
Approval and Development Standards ensure that there are adequate provisions for
the protection of health, safety, and welfare of the inhabitants of the neighborhood
and County.
This recommendation is based, in part,upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The plat shall be prepared per Section 23-2-260.D of the Weld County Code. (Department
of Planning Services)
B. All sheets of the plat shall be labeled USR-1604 (Department of Planning Services)
C. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
2) The approved Screening Plan,to address the outdoor storage of materials,including
the trash dumpster associated with this facility shall be screened from adjacent
properties, including the public rights-of-way. (Department of Planning Services)
3) County Road 39 is designated on the Weld County Road Classification Plan as a
collector road, which requires 80 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way.An additional ten feet shall be delineated on the plat
as future County Road 39 right-of-way. All setbacks shall be measured from the
edge of future right-of-way. The applicant shall verify the existing right-of-way and
the documents creating the right-of-way. If the right-of-way cannot be verified,it shall
be dedicated. This road is maintained by Weld County. (Department of Public
Works)
Resolution USR-1604
CONQUEST OIL COMPANY
(Marcum Midstream 1995-2 Business Trust)
Page 3
4) Based on background traffic and future use of the site the applicant will be required
to add acceleration/deceleration lanes and a left turn lane to County Road 39. A
detail of the entrance and with the improvements shall be delineated on the plat.
(Department of Public Works)
5) The applicant shall delineate the 30 feet of right-of-way along the south edge of
Section 30, T3N, R65W. No right-of-way exists along the north edge of Section 31,
T3N, R65W. The applicant shall verify the existing right-of-way and the documents
creating the right-of-way. If the right-of-way cannot be verified, it shall be dedicated.
This road is not maintained by Weld County. (Department of Public Works)
6) The applicant shall delineate the 40-foot easement across Lot A for the benefit of Lot
B of RE-4612.This easement shall be granted by the RE-4612 Recorded Exemption
plat. Section Line accesses are considered private lanes with no county
maintenance. (Department of Public Works)
7) The applicant shall pave the first 90 feet with an asphalt(bituminous)surface. The
applicant will be required to provide a pavement design for the entrance and a
mixture design for the asphalt pavement prior to construction.(Department of Public
Works)
8) All parking for this site must be off street and internal and delineated on the plot plan
map. Each parking space shall be equipped with wheel guards or curb blocks to
prevent vehicles from coming into contact with walls or other structures.
(Department of Public Works)
9) The boundary of the USR shall include only Lot A of RE-4612 (the subject of this
USR)that comprises the eastern 34.5 acres of the eighty acre tract. (Department
of Planning Services)
D. The applicant shall submit to the Department of Public Works a detailed drawing delineating
the entrance and clearly showing the acceleration/deceleration lanes and left-turn lane, if
required, along County Road 39 for review and approval. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services (Department of
Public Works)
E. The applicant shall submit to the Department of Public Works a detailed drawing delineating
the Circulation and Parking Plan for review and approval. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services (Department of
Public Works)
F. The applicant shall submit to the Department of Public Works a detailed drawing delineating
the proposed entrance design to the site. The proposed entrance design causes safety
issues regarding vehicle staging and sight distance.The applicant shall submit a new design
with the entrance having the approach at a 90° angle to County Road 39 for a minimum
distance of three (3)truck lengths. (Department of Public Works)
G. The applicant shall attempt to address the requirements(concerns)of Platteville-Gilcrest Fire
Protection District,as stated in the referral response dated February 12,2007. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Platteville-Gilcrest Fire Protection District, Department of Planning Services)
H. The applicant shall address the requirements of the Weld County Sheriffs Office as stated
in the referral response dated February 25, 2007. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Weld County Sheriff's Office)
I.The applicant shall attempt to address the requirements(concerns)of Colorado Division of
Wildlife,as stated in the referral response dated March 5,2007. Evidence of such shall be
Resolution USR-1604
CONQUEST OIL COMPANY
(Marcum Midstream 1995-2 Business Trust)
Page 4
submitted in writing to the Weld County Department of Planning Services. (Colorado Division
of Wildlife)
J. The applicant shall submit written evidence of compliance with all of the Department of Public
Work's stipulations and requirements as stated herein. Written evidence shall be submitted
to the Department of Planning Services. (Department of Planning Services)
K. All required Air Emissions Permits must be obtained from the Air Pollution Control Division,
Colorado Department of Public Health and Environment. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Public Health and Environment)
L. A Ground Water Monitoring Plan shall be submitted to the Weld County Health Department
of Public Health and Environment for review and approval. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Public Health and Environment)
M. If appropriate, a Storm Water Discharge Plan shall be submitted to the Weld County
Department of Public Health and Environment and Colorado Department of Public Health
and Environment for review and approval. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services. (Department of Public Health and
Environment)
N. The applicant shall enter into a Long-Term Maintenance and Improvements agreement for
County Road 39 associated with the designated haul route. The designated haul route shall
be on County Road with the agreement 1 mile north on County Road 39 and extending 1 mile
east on County Road 28. The agreement shall include any intersection improvements,
acceleration and deceleration lanes and adequate turning radiuses associated with the heavy
hauling to the proposed facility. Evidence of Department of Public Works approval shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Public Works)
O. The applicant shall submit a Screening Plan to the Department of Planning Services for
review and approval. With approval, the Screening Plan information shall be graphically
delineated on the USR Plat. (Department of Planning Services)
P. The applicant shall submit written evidence of compliance with all of the Department of Public
Health and Environment's stipulations and requirements. Written evidence shall be
submitted to the Department of Planning Services. (Department of Planning Services)
Q. 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)
R. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
2. Upon completion of 1.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
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.
Resolution USR-1604
CONQUEST OIL COMPANY
(Marcum Midstream 1995-2 Business Trust)
Page 5
The preferred format for Images is .tif(Group 4).(Group 6 is not acceptable). This digital file may be
sent to maps(a..co.weld.co.us. (Department of Planning Services)
4. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005,should the plat not
be recorded within the required sixty (60) days from the date the Board of County Commissioners
approval was signed a $50.00 recording continuance charge may be added for each additional 3
month period. (Department of Planning Services)
5. Prior to the Release of Building Permits:
A. A building permit shall be obtained prior to the construction of any new building, tanks or
support facilities. (Department of Building Inspection)
B. A plan review is required for each building for which a building permit is required. Plans shall
include a floor plan. Plans shall bear the wet stamp of a Colorado registered architect or
engineer. Two complete sets of plans are required when applying for each permit. Include
a Code Analysis Data sheet provided by the Weld County Building Department with each
Building permit application. (Department of Building Inspection)
C. 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; 2003 International Fuel Gas Code; and the 2002 National Electrical Code
and Chapter 29 of the Weld County Code. (Department of Building Inspection)
D. The Future office building will be classified as B occupancy.Contact Plateville-Gilcrest Fire
Protection District for their requirements. Fire resistance of walls and openings,construction
requirements, maximum building height and allowable areas will be reviewed at the plan
review. Setback and offset distances shall be determined by Chapter 23 of the Weld County
Code. (Department of Building Inspection)
E. Building height shall be measured in accordance with the 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 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)
F. A concrete secondary containment structure (floor and walls) surrounding each tank or
battery of tanks shall be constructed. The volume retained by the structure shall be 150%
greater than the volume of the largest tank inside the structure. A registered professional
engineer shall design the structure. The structure shall prevent any release from the tank
system from reaching land or waters outside of the containment area. The operator shall
provide evidence from the engineer to the Weld County Department of Public Health and
Environment and Planning Services that the structure has been constructed to meet this
criterion. (Department of Public Health and Environment)
G. A detailed design of the "concrete unloading pad" shall be submitted to the Weld County
Department of Public Health&Environment shall be submitted for review and approval. The
design shall demonstrate how all spilled waste, stormwater, and wash down water will be
contained within the receiving area and concrete sump. The"concrete unloading pad"shall
be constructed and operated in accordance with the approved design. (Department of Public
Health and Environment)
H. The applicant shall submit evidence to the Weld County Departments of Public Health and
Environment and Planning Services and the Colorado Oil and Gas Conservation Commission
that the facility was constructed in accordance with the application materials. (Department
of Public Health and Environment)
A copy of the drilling log shall be submitted to the Weld County Department of Public Health
and Environment. (Department of Public Health and Environment)
Resolution USR-1604
CONQUEST OIL COMPANY
(Marcum Midstream 1995-2 Business Trust)
Page 6
J. Solids and sediment will accumulate in the storage tanks. The facility shall submit a detailed
plan that describes the method those solids will be removed, including all on-site handling
procedures. The plan shall provide a commitment to notify the Department of Public Health
and Environment, in writing, in the event the plan is amended. The plan shall be reviewed
and approved by the Department of Public Health and Environment. (Department of Public
Health and Environment)
K. A detailed closure plan shall be submitted to the Department of Public Health and
Environment and the Colorado Oil and Gas Conservation Commission. The closure plan
shall include a description of the manner in which the well will be plugged and abandoned,
as well as specific details regarding reclamation of the property. No structures or equipment
associated with the facility shall remain on the property following closure. (Department of
Public Health and Environment)
L. The facility shall post financial assurance with the Colorado Oil and Gas Conservation
Commission (COGCC). The financial assurance shall be adequate to cover a third-party
closure of the facility,including the plugging and abandonment of the well,in accordance with
industry standards, and the removal of all structure(including concrete)on the facility. The
site shall be returned to its original grade. In the event the COGCC does not have the
authority to require financial assurance for the entire cost required for third-party closure,the
facility shall post the remainder of the financial assurance with Weld County. The facility shall
submit evidence to the Weld County Departments of Public Health and Environment and
Planning Services that the appropriate financial assurance has been obtained. (Department
of Public Health and Environment)
M. Provide evidence to the Weld County Department of Public Health&Environment that a well
has been appropriately permitted and dug to provide for sanitary use for the facility.
(Department of Public Health and Environment)
N. A letter of approval shall be provided from the Platteville-Gilcrest Fire Protection District.
(Department of Building Inspection/Platteville-Gilcrest Fire Protection District)
5. Prior to Operation:
A. The applicant shall contact the office of the Weld County Sheriff to schedule a walk-through
of the site for the purposes of implementing the program "Crime Prevention through
Environmental Design". This program reduces the likelihood of criminal activity at a specific
location by"hardening"it to crime. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services. (Sheriffs Office)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CONQUEST OIL COMPANY
(Marcum Midstream 1995-2 Business Trust)
USR-1604
1. The Site Specific Development Plan and Special Review Permit for an Oil and Gas Support Facility
(Class II Oilfield Waste Disposal Facility) 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. The facility shall be constructed and operated to ensure that contamination of soil and groundwater
does not occur. (Department of Public Health and Environment)
4. A manager,knowledgeable in operating an injection well,shall be on site when the facility is receiving
waste. (Department of Public Health and Environment)
5. A safe and adequate sewage disposal system shall be available on the facility premises.
(Department of Public Health and Environment)
6. A safe and adequate fresh water supply[Well Permit number272956]shall be available on the facility
premises. (Department of Public Health and Environment)
7. No disposal of waste other than Class II, as defined by the Environmental Protection Agency, is
permitted. Any changes from the approved Class II use would require an amendment to this Special
' Review permit. (Department of Public Health and Environment)
8. Any wastes generated on the facility shall be disposed in accordance with the Colorado solid Waste
Act,Section 30-20-100.5, C.R.S.,or other appropriate rule, regulation,or law. (Department of Public
Health and Environment)
9. The maximum permissible noise level shall not exceed the industrial limit of 70 dB(A),as measured
according to Section 25-12-102, CRS. (Department of Public Health and Environment)
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public
Health and Environment)
11. All chemicals stored on-site must be in locked buildings, on an impervious surface, provided
manufacturer recommendations for safe storage and handling are in accord. In any event,
manufacturer recommendations will take precedence. (Department of Public Health and
Environment)
7
12. The facility shall comply with any required air emissions permit from the Air Pollution Control Division,
Colorado Department of Public Health and Environment. (Department of Public Health and
Environment)
13. All liquid wastes received at the facility shall be unloaded on the unloading pad. The concrete
unloading pad shall be cleaned at a frequency that prevents oils and other wastes from building up
on the pad. At a minimum,the pad shall be washed daily,with a jet hose to remove any waste build-
up. During winter months, the facility shall maintain the unloading pad free of ice. (Department of
Public Health and Environment)
14. Any analysis of waste shall be forwarded to the Weld County Health Department, Environmental
Health Services Division. The Division reserves the right to require additional, more extensive
monitoring at a later date. (Department of Public Health and Environment)
15. The facility must comply with the laws, standards, rules and regulations of the Air Quality Control
Commission, the Water Quality Control Commission, the Hazardous Materials and Solid Waste
Division, the Colorado Oil and Gas Conservation Commission, any other applicable agency, and all
applicable Weld County Code. (Department of Public Health and Environment)
16. Any liquid or 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)
17. Any petroleum-contaminated soils on the facility shall be removed,treated or disposed in accordance
with all applicable rules and regulations. (Department of Public Health and Environment)
18. 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 Public
Health and Environment)
19. The facility shall comply with the approved groundwater monitoring plan.(Department of Public Health
and Environment)
20. All storm water, which has come into contact with waste materials on the site, shall be confined on
the site. In the event that storm water is not adequately controlled on the site,upon written notification
from the Weld County Department of Public Health and Environment or the Colorado Department of
Public Health and Environment,a comprehensive site-wide storm water plan shall be developed and
implemented. The plan must be approved, in writing prior to implementation by the Weld County
Department of Public Health and Environment and the Colorado Department of Public Health and
Environment. (Department of Public Health and Environment)
21. All contaminated soils shall be stored on an impervious surface where any stormwater that comes
into contact with the soils would be contained. (Department of Public Health and Environment)
22. A permitted individual sewage disposal system shall be installed to serve the facility. In accordance
with the Weld County ISDS Regulations,the system must be designed by a registered professional
engineer. The design must be submitted to the Weld County Department of Public Health and
Environment for review and approval prior to installation. (Department of Public Health and
Environment)
8
23. Access to the site shall be from County Road 39.The designated haul route shall be on County Road
with the agreement 1 mile north on County Road 39 and extending 1 mile east on County Road 28.
Transport trucks weighing up to 40 tons will visit the site approximately 60-70 times daily and less on
weekends. (Department of Public Works)
24. The off-street parking spaces including the access drive shall be surfaced with gravel or the
equivalent and shall be graded to prevent drainage problems. There is an existing concrete loading
pad. Utilize the existing access and departure points. (Department of Planning Services)
25. The historical flow patterns and run-off amounts will be maintained on site in such a manner that 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)
26. All structures shall require building permits. (Department of Building Inspection)
27. Any lighting, including light from high temperature processes such as welding or combustion, shall
be designed, located and operated in such as 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;
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;and no colored lights may be used which may be confused
with or construed as traffic control devices. The application materials did not include a Lighting Plan.
Should exterior lighting be a part of this facility,all light standards shall be delineated on the USR Plat.
(Department of Planning Services)
28. Hours of operation, acceptance of waste water, are limited to 7:00AM until 10:00PM daily as stated
in the application materials. (Department of Planning Services)
29. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the County wide Road Impact Fee Program. (Department of Planning Services)
30. 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)
31. 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)
32. 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)
33. 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)
34. 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
9
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services. (Department of Planning Services)
35. 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)
Motion seconded by Tom Holton.
VOTE:
For Passage Against Passage Absent
Chad Auer -Chair
Doug Ochsner-Vice Chair
Paul Branham
Erich Ehrlich
Bruce Fitzgerald
Tom Holton
Mark Lawley
Roy Spitzer
James Welch
The Chair declares the resolution passed and orders that a certified copy be placed in the file of this case to
serve as a permanent record of these proceedings.
CERTIFICATION OF COPY
I, Donita May, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on April 17, 2007.
Dated the 17th of April, 2007.
Donita ay ?LcieS.
Secretary
10
Bruce Fitzgerald asked that street addresses be included with these applications to aid them in finding the property when
they make their site inspections.
The Chair read the following consent case into the record and asked if there was anyone in the audience who wished to
speak for or against it. As there was no one,the public portion of the hearing was closed.
CASE NUMBER: USR-1607
APPLICANT: Henry Johnston
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Part NW4 of Section 25, T1N, R68W of the 6th P.M., Weld County,
Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a Use
Permitted as a Use by Right, an Accessory Use, or a Use by Special
Review in the Commercial or Industrial Zone Districts,(outdoor and indoor
storage of RV's, boats, including a dump station, wash-bay, air, water,
• vacuum, office, lounge, retail store, and a 24-hour rental kiosk) in the A
(Agricultural)Zone District.
LOCATION: South of and adjacent to CR 6 and approximately%2 mile west of CR 13.
Doug Ochsner moved that the Consent Agenda be approved and Case USR-1607,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. Motion carried.
— CASE NUMBER: USR-1604
APPLICANT: Marcum Midstream 1995-2 Business Trust/Conquest Oil Co
PLANNER: Kim Ogle
LEGAL DESCRIPTION: S2 SE4 of Section 30,T3N, R65W of the 6th P.M.,Weld
County,Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for
an Oil and Gas Support Facility(Class II Oilfield Waste
Disposal Facility)in the A(Agricultural)Zone District.
LOCATION: West of and adjacent to CR 39; approximately 2 miles south of
CR 32.
Kim Ogle, Department of Planning Services,said this application is USR-1604, a Site Specific Development Plan and
Special Review Permit for an Oil and Gas Support Facility located on approximately 34 acres of an 80 acre parcel in the
agricultural zone district. The applicant is Conquest Oil Company and is represented by Jim Goddard and Dale Butcher.
The site is located west of and adjacent to CR 39 and approximately 2 miles south of CR 32(North of and adjacent to CR
28—section line road). The property is outside the three mile referral area of a municipality.This application is for a new
facility having 11 tanks, and one building for the pumps and office. There are normally two employees on site when
accepting trucks,which is from 7AM to 10PM daily. On average 15 different transport trucks weighing up to 40 tons will
visit the facility approximately 4 times each day.
Surrounding lands are predominately agricultural with single family residences, associated with agriculture in the
immediate vicinity. Large agricultural tracts and limited recorded exemption parcels are prevalent in the area.
A Commercial well provides potable water for the facility and the Health Department is requiring an ISDS septic system
for effluent flows.
Primary access is from CR 39,a local paved two lane road. The primary haul route into and out of the facility will be from
CR 39 and heading north or south. Internal roads and the facility yard are graveled and graded.
The applicant states each of the locations or facilities is basically operated the same.Independent water haulers bring in
brine water to the facility, at the time of their arrival Conquest Oil inspects each load before pulling the water off their
trucks.The water is put into the primary tanks for filtering,with the oil skimmed for resale.The remaining liquid,which is
brine water is filtered and re-injected into either the Lyons formation or the Fountain formation.This facility will be the fifth
in operation in Weld County should this application be approved.For further information on operation of the facility,the
applicant is present to provide additional detail.
The sign for today's hearing was posted at least ten days prior to the hearing by Planning Staff and is evidenced by
photograph and affidavit and provided to the Attorney.
Ten referral agencies have reviewed this case and nine offered comments,some with specific conditions. There have
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been no letters received from surrounding property owners,however,one individual,has reviewed the case file twice and
is present at this hearing.
There are oil and gas encumbrances on the property. Kerr-McGee operates the oil&gas facilities and has submitted the
letter provided to you today stating that they are working on an agreement but it has not been finalized at this time and is
requesting that the Planning Commission withhold plat approval until the parties have executed and recorded a surface
use agreement.
Staff is requiring that 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.
Staff is requiring at a minimum to have the plat amended to include any possible future drilling sites.
Staff is also in receipt of several electronic mailings between K-M Anadarko and the applicant's concerning this facility.
The most recent email dated April 16,2007 from Kerr-McGee to Conquest states:
"The applicant and I have been communicating here recently and I feel very confident that we will be able to work out an
agreement.Their planned operation has very little impact on AKMG's assets."
The Weld County Department of Planning Services recommends approval of this application with the attached Conditions
of Approval and Development Standards. Troy Swain is here from the Health Department and Jesse Hein is present
from Public Works.
Bruce Fitzgerald asked Mr.Ogle about a similar application request they had approved recently in the same vicinity. Mr.
Ogle responded that the most recent USR for Conquest Oil was AMUSR-729 for property east of the Greeley Airport. Mr.
Fitzgerald then inquired if Conquest was accepting all companies brine water. Mr. Ogle said he believed they were
accepting all companies, but said the applicant could answer the question. Tom Holton asked if this was the same
property previously heard for a horse racing facility. Mr.Ogle replied that it was. Mr.Holton then asked a question that
was inaudible. Mr.Ogle's response was that the applicant would not be using Section Line 28 for access but would come
off CR 39 directly into the facility.
Dale Butcher, 1024 49th Ave, Greeley, CO, applicant said they had been conducting the same type of business for a
number of years,since 1993,and has four facilities with five deep water injection wells between them. They had been in
front of the Planning Commission in the last two years for an application at CR 60 and CR 47 but determined the
formation at that location would not accept water so they abandoned that project. Jim Goddard said he was available as
well to answer any questions the Planning Commission might have.
Erich Ehrlich questioned the applicant about aquifer seepage on the property brought up by the Platte Valley
Conservation in their referral. Mr. Butcher talked about the three different preventative measures they took to prevent
water from getting into the aquifer. They drill the wells to ten thousand feet and inject the water into a one hundred foot
deep dry sandstone formation with steel casing,which is cemented place from the bottom of the well to the surface and
inside of the casing is tubing, making three preventative measures to prevent water seepage into the aquifer. If there
was ever a problem detected, the well would be shut down immediately. From a surface standpoint, they place
monitoring wells at four different locations on each facility to monitor the groundwater flow as it comes into the facility,
flows through the facility,and before it leaves the facility and this is performed semi annually. Water twenty to forty feet
immediately under the facility is monitored and Mr. Butcher was confident they had no problem with seepage.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Nancy Frase,Frase Consulting Group,Inc,Fort Collins CO,represented about twenty five neighbors in the area and she
said: one of the neighbors could not find the posted sign yesterday;they have invested blood,sweat,tears,time and
money to create a safe and peaceful shelter for their family and this commercial development threatened that tranquility;
concerned with size and appearance of the facility and creates an eyesore; truck noise (60 trucks per day, 7 days a
week)disturbs the residents; concern for environmental contamination even with regulations, particularly the drinking
water; property values effected by commercial facility proximity; incompatible with the area and request the Planning
Commission recommend denial;on the flip side Jim Goddard, project manager proactively contacted the surrounding
property owners and expressed a willingness to meet with them regarding their concerns and offered to do so at an April
25, 2007 meeting.
Doug Ochsner asked Ms. Frase about proximity of the nearest homes to the proposed facility.
Nancy Hilty Brunson,13471 CR 39,Platteville CO,80651:asked about the length of time involved in pulling the pipe for
maintenance and repair and/or replacement and was under the impression it would be 24 hours a day for three weeks
solid;noted that they have very deep wells at 775 feet so that groundwater is hit at 150 feet but suitable for livestock only,
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not people; asked about procedure if there was spillage from a truck;she pointed out that the applicant had another
facility on CR 39 and CR 40 and questioned why they required another facility in such close proximity.
Roy Wardell,owns ranch adjacent to applicant's property on CR 39: asked if Planning Commission was aware of former
owner of the facility to the north that had been incarcerated recently due to fraudulent chemical disposal.
Jill Bailey, 13723 CR 39, Platteville, CO,80651: inquired about their mitigation options regarding testing of the water;
and impact from hazardous materials to livestock and crops when the wind blows from the south to the north.
The Chair closed the public portion of the hearing.
Mr. Butcher addressed the property owner's concerns: trucks bringing water to this facility are already on the road
delivering water to our other facilities and this will minimize to some degree,the mileage/trips of those trucks;said they
are good neighbors and challenged them to talk to neighbors in the area of their operations; area is relatively industrial,
with Tire Mountain being only a mile away and they plan to maintain their facility so that it blends into the environment
and it will be painted a tan color yearly; bought the facility at CR 39 and CR 40 from Mike Cervi and they have covered
whatever costs incurred since the sale to mitigate the problems left by Mr.Cervi;they understand what it takes to run a
facility like this that is environmentally sensitive; they limit 24 hour crews as much as possible but is necessary on
occasion;spills from trucks do happen,though rarely,and if more than three barrels are involved it must be reported to
the State Oil and Gas Commission, and if caught quickly water table saturation is mitigated; there would be no well
contamination and can't imagine that happening as they will not let that happen;any odors from the facility are from the
hydrocarbons,which is a faint smell of oil,which dissipates quickly and would not harm animals or vegetation;they plan
to have as minimal of an impact on the area as possible and pride themselves on that fact.
Mr.Spitzer asked about additional separation of oil and water. Mr.Butcher said they having a skimming process where
they remove the oil from the water and they also test water into the well semi annually and oil going into the well is
absolutely miniscule.
Mr.Branham inquired about the frequency of pipe replacement and whether it produced any noise or odor. Mr.Butcher
responded they work over their wells on average every other year and in some cases they do work twenty four hours a
day, seven days a week to repair and maintain pipeline.
Mr. Fitzgerald pointed out that Mr. Butcher said they work twenty four hours a day, seven days a week but their
application has different information regarding hours of operation,from 7 a.m. to 10 p.m. Mr. Ogle said the hours of
operation were to accept the brine water from 7 a.m.to 10 p.m. Mr. Butcher said they do operate the pump 24 hours a
day but no truck traffic occurs between 10 pm and 7 am. Mr.Ogle said they take in water 7 a.m.to 10 pm,but they are
allowed to operate the pump twenty four hours a day, seven days a week. Tom Holton asked about trucks and jake
brake usage. Mr.Butcher said their truck contractors do not allow jake brakes and their specific company policy for their
facilities is the same.
Mr. Holton then asked about landscaping requirements. Mr. Ogle responded that there was a screening plan
requirement in the Conditions of Approval and Standards of Development,number two, item"O".
Erich Ehrlich quoted the application regarding property reclamation and the land being returned to farmland etc.and
asked if the actual drilling of the well would require the ten month period as spelled out in their application. Mr. Butcher
said they hope to do it in five months but have allowed a maximum ten months for completion. The only 24 hour drilling
operations will be the actual well drilling for about a two week period and the remainder of construction would occur
during daylight hours. Reclamation would take from fifty to one hundred thousand dollars and would definitely occur as
the funding for that would come from the salvage value of the millions of dollars worth of equipment that had been used
at the facility.
Mr. Fitzgerald asked Mr. Butcher again about the hours of operation from 7 a.m. to 10 p.m. spelled out in their
application,and said if they now need a twenty four hour window to drill,then the application was inaccurate. Mr.Butcher
said absolutely they needed the twenty four hour window to drill but that the application was not inaccurate because they
are drilling a well under the guidelines of the Oil and Gas Commission and that once you begin drilling a well you cannot
stop. Mr.Fitzgerald emphasized again that the hours of operation needed to be clarified. Mr.Butcher said that once you
begin drilling a well of this magnitude,you can't stop until you are done and that is absolute common practice on any well
site. Mr.Ogle interjected that this land use application was permitting surface use approval to operate this facility on the
site and when the trucks come and go they are restricted to the hours of 7am to 10pm. The construction of any facility,
including this one,is not regulated by the hours of operation. Its construction is regulated by the Colorado Oil and Gas
Commission to ensure that the well is drilled appropriately and properly and we do not have any purview in that
application process.
Mr.Spitzer asked Mr.Ogle a question that was inaudible. Mr.Ogle responded that it was regulated by the Colorado Oil
and Gas Commission.
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Mr.Holton asked Mr.Butcher if this well would be operated like the thousands of other oil and gas wells in the County,as
far as drilling and work over rigs,instead of pumping product out,they were pumping product in. Mr.Butcher replied that
was correct.
Mr. Ehrlich asked Jesse Hein, Department of Public Works, about acceleration and deceleration lanes on CR 39 and
would the applicant be required to set aside money for improvements on CR 39. Mr.Hein replied that prior to recording
the plat there was a long term maintenance and improvements agreement in item N., page six,for CR 39 that must be
met. Mr. Ogle said item D., page five, also pertained to Mr. Ehrlich's question.
James Welch inquired about current traffic counts for the area. Mr.Hein said the last count in 2004 varied between 600
and 800 vehicles per day.
The Chair asked the applicant if he had read and agreed with the Development Standards and Conditions of Approval.
Mr. Butcher said he had read them but there was a stipulation from Public Works regarding road improvement that they
pave the access road from CR 39 west to the facility and we have requested they consider allowing us to put ninety feet
of pavement from the west side of CR 39,west ninety feet and put ground asphalt to further create the road from their,
and they would also commit to magnesium chloride application for dust abatement.
Jesse Hein, Department of Public Works,said something that was inaudible. Mr.Ogle asked to amend item seven,
page four to read,"The applicant shall pave the first 90 feet with an asphalt(bituminous)surface. The applicant will
be required to provide a pavement design for the entrance and a mixture design for the asphalt pavement prior to
construction."
Doug Ochsner moved to amend item number four,page 7 to read as Mr.Ogle recommended. Tom Holton seconded.
Motion carried. Mr. Holton asked if the Board needed to modify the hours of operation in number twenty eight of the
Development Standards. Mr.Ogle said his interpretation of the application is that they want to be able to accept brine
water from 7 am to 10 pm.
The Chair asked the applicant if he had read and agreed with the amended Development Standards and Conditions of
Approval. Mr. Butcher agreed as amended.
Doug Ochsner moved that Case USR-1604, 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, Roy Spitzer 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;James Welch,yes;Doug
Ochsner,yes;Chad Auer,yes. Motion carried unanimously.
Chad Auer reminded the audience that the Planning Commission only made recommendations to the Board of County
Commissioners and they could contact their office for date and time of the next hearing pertaining to this case.
The Chair called for a brief break and reconvened at 2:30 p.m.
CASE NUMBER: PZ-1120
APPLICANT: Willard& Linda Owens
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot B of RE-3479;located in part E2NE4 of Section 23,T6N,R67W of the
6th P.M.,Weld County,Colorado.
REQUEST: A Change of Zone from A(Agricultural)to PUD for nine(9)residential lots
with E (Estate) Zone uses (with the exception that uses by right and
accessory uses be restricted to the following:one(1)single family dwelling
per lot;accessory uses for garages,carports and parking areas;swimming
pools, tennis and similar recreational facilities; service buildings and
facilities;and any other structure or use clearly incidental and accessory to
a use allowed by right;and that no animal units as defined in Section 23-1-
90 of the Weld County Code be allowed) along with 7.55 acres of open
space.
LOCATION: West of and adjacent to CR 23 and approximately 300 feet south of SH
392.
Doug Ochsner asked Chris Gathman, Department of Planning Services,why this case was being heard at the South
building rather than in Greeley. Mr. Gathman said it was due to allowing referral agencies more response time, as the
application had changed since its original presentation. Mr. Gathman said surrounding property owners had been re-
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