HomeMy WebLinkAbout991308.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Arlan Marrs that the following resolution be introduced for passage by the Weld County Planning
Commission, along with the amendment to Condition of Approval #6. Be it resolved by the Weld County
Planning Commission that the application for:
a
CASE NUMBER: USR-1198 -a
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APPLICANT: Enviro-Cycle LLC/Howard Boatright =c, n3 o
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ADDRESS: 2975 State Farm Road#4 p A o Q
Evans, Colorado 80620
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PLANNER: Scott Ballstadt ,J
REQUEST: A Site Specific Development Plan and a Special Review Permit for an Oil and Gas Support
and Service facility (brine water disposal) in the A(Agricultural)zone district
LEGAL DESCRIPTION: The N2 NW4 of Section 32, T4N, R65W of the 6th P.M., Weld County, Colorado
LOCATION: South of and adjacent to Weld County Road 40&east of and adjacent to Weld County Road
39
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 24.7 of the
Weld County Zoning Ordinance, as amended.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
24.3 of the Weld County Zoning Ordinance, as amended, as follows:
a. Section 24.3.1.1 --This proposal is consistent with the Weld County Comprehensive Plan,
as amended. A.Goal 1 states, "Preserve prime farmland for agricultural purposes which
foster the economic health and continuance of agricultural." The proposal will remove
approximately 8 acres of the parcel from production as there are existing oil and gas facilities
on this corner of the property. Additionally, OG.Policy 1.4 states that oil and gas support
facilities which do not rely on geology for locations shall be subjected for 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 health, safety, and welfare of the inhabitants of the
neighborhood and county.
b. Section 24.3.1.2 -- This proposal is consistent with the intent of the A (Agricultural) zone
district. Section 31.4.1 allows for Mineral Resource Development facilities including oil and
gas support and service as a Use by Special Review.
c. Section 24.3.1.3 -- The proposal is consistent with Section 24.3.1.3 of the Weld County
Zoning Ordinance, as amended and will be compatible with future development of the
surrounding area. The surrounding land uses include agricultural uses. There is also one
residence located on this 80 acre parcel, south of and adjacent to the 8 acre USR area.
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RESOLUTION, Enviro-Cycle
USR-1198
Page 2
d. Section 24.3.1.4 -- The proposed uses will be compatible with future development of the
surrounding area as permitted by the A (Agricultural) zone districts and with the future
development as projected by the Comprehensive Plan or Master Plan of affected
municipalities. The proposal is not located within a three-mile referral boundary of any
community or IGA area.
e. Section 24.3.1.5--The proposal is not located within the Overlay District Areas identified by
maps officially adopted by Weld County.
f. Section 24.3.1.6 --The applicant has demonstrated a diligent effort to conserve productive
agricultural land. The soils on this site are categorized as a mix of Prime and Irrigated Non-
Prime soils according to the USDA Soil Conservation Service and Colorado State University.
The subject site will occupy 8 acres of the 80 acre parcel.
g. Section 24.3.1.7 --The Design Standards (Section 24.5 of the Weld County Zoning
Ordinance, as amended), Operation Standards (Section 24.6 of the Weld County Zoning
Ordinance, as amended), 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. The attached Development Standards for the Special Review Permit shall be adopted and placed on
the Special Review Plat prior to recording the plat. The completed plat shall be delivered to the
Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's
Office within 15 days of approval by the Board of County Commissioners.
2. Prior to recording the plat:
A. All required Air Emissions Permits must be obtained from the Air Pollution Control Division,
Colorado Department of Health. (Health Dept.)
B. The applicant shall enter into a Road Improvements Agreement (off-site) with the Weld
County Public Works Department for the upgrading and paving of Weld County Road 40
through the main entrance for approximately 500+/-feet. (Public Works Dept.)
C. The applicant shall submit a storm water drainage plan to the Weld County Public Works and
Health Departments for review and approval. Such plan shall address drainage patterns,
holding ponds and other pertinent information as needed. (Public Works Dept. & Dept. of
Planning Services)
D. 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.
RESOLUTION, Enviro-Cycle
USR-1198
Page 3
E. The plat shall be amended to delineate the following:
1) A total of 40 feet from the centerline of Weld County Road 39 right-of-way
reservation for future expansion of Weld County Road 39 shall be delineated on the
plat. (Public Works Dept.)
2) A typical cross section of Weld County Road 40 identifying width and depth of base
and asphalt or full depth of asphalt. The paving will be three inches thick and 24 feet
wide with four-foot gravel shoulders shall be delineated on the plat. (Public Works
Dept.)
3) The 25-foot auxiliary road delineated on the plat shall be clearly labeled "For fire
protection and emergency use only." (Public Works Dept.)
3. Prior to receiving final approval of building permits:
A. A secondary containment concrete structure (floor and walls) shall be constructed around
each tank battery. The volume retained by each structure shall be greater than the volume
of the largest tank inside the structure. Each structure shall be designed by a registered
professional engineer. 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 Health And Planning Departments that the
structures have been constructed to meet this criteria. (Health Dept.)
B. A copy of the drilling log shall be submitted to the Weld County Health Department. (Health
Dept.)
C. The applicant shall construct a seven (7)foot high metal frame over the sand trap(identified
as the concrete segmented pit on the drawing submitted in the application materials). The
frame shall be covered with one(1) inch plastic coated metal mesh netting to protect people
and wildlife from entering. The netting shall be connected on both sides of the sand trap and
have a door to permit personnel access. (Health Dept.)
D. The applicant shall submit evidence that the facility was constructed in substantial
accordance with the application materials. These include the undated materials submitted
to the Planning Department and sent to referral agencies under cover letter, dated July 17,
1998, and the supplemental materials dated August 24, 1998. (Health Dept.)
E. 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 Health
Department for review and approval prior to installation. (Health Dept.)
F. The applicant shall submit evidence to the Department of Planning Services that the
concerns of the LaSalle Fire Protection District have been addressed to the District's
satisfaction. (LaSalle Fire Protection District)
RESOLUTION, Enviro-Cycle
USR-1198
Page 4
Motion seconded by Cristie Nicklas.
VOTE:
For Passage Against Passage
Marie Koolstra
Bruce Fitzgerald
Jack Epple
Arlan Marrs
Glenn Vaad
Cristie Nicklas
Michael Miller
The Chair declared the resolution passed and ordered that certified copy be forwarded with the file of this case
to the Board of County Commissioners for further proceedings.
CERTIFICATION OF COPY
I, Wendi Inloes, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution, is a true copy of the Planning Commission of Weld County, Colorado, adopted
on September 15, 1998.
Dated the 15th of S ptember, 1998.
Wendi Inloes
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
USR-1198 Enviro-Cycle LLC
1. The Site Specific Development Plan and Special Use Permit is for an Oil and Gas Support and
Service facility (brine water disposal) in the A (Agricultural) zone district, as indicated in the
application materials on file in the Department of Planning Services and subject to the Development
Standards stated hereon. (Dept. of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance, as amended. (Dept. of Planning Services)
3. The facility shall be constructed and operated to ensure that contamination of soil and groundwater
does not occur. (Health Dept.)
4. A manager, knowledgeable in operating an injection well,shall be on site when the facility is receiving
waste. (Health Dept.)
5. A safe and adequate fresh water supply shall be available on the facility premises. (Health Dept.)
6. A 4'x4' sign, not to exceed 16 square feet, shall be posted at the entrance gate listing wastes
accepted, hours of operation, 7:00 a.m. to 7:00 p.m., and twenty-four hour emergency telephone
number. (Health Dept.)
7. Any wastes generated on the facility shall be disposed in accordance with the Colorado Solid Waste
Act, 30-20-100.5, C.R.S., as amended, or other appropriate rule, regulation, or law. (Health Dept.)
8. No disposal of waste, other than Class II, as defined by the Environmental Protection Agency is
permitted. Any change from the approved Class II use would require an amendment to this Special
Review Permit. (Health Dept.)
9. The maximum permissible noise level shall not exceed 70 db(A), as measured according to 25-12-
102, Colorado Revised Statutes. (Health Dept.)
10. Fugitive dust must be controlled on this site. (Health Dept.)
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. (Health Dept.)
12. The surfaces around the disposal area shall be constructed of an impervious material, and graded
to insure that all spilled waste is contained within the unloading pad. (Health Dept.)
13. The facility must be entirely fenced and shall maintain locking gates during periods when the facility
is closed. (Health Dept.)
14. Any analysis of waste will be forwarded to the Weld County Health Department, Environmental
Protection Division. The Division reserves the right to require monitoring at a later date. (Health
Dept.)
15. This 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 zoning laws and ordinances. (Health Dept.)
16. Upon cessation of injection activities, a detailed closure plan shall be submitted to Environmental
Protection Services for review and approval. This shall include 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.
(Health Dept.)
17. Any petroleum contaminated soils on the facility shall be removed and disposed in accordance with
all applicable rules and regulations. (Health Dept.)
18. The concrete receiving 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. (Health Dept.)
19. During winter months, the facility shall maintain the receiving pad free of ice. (Health Dept.)
20. At a minimum, the underdrain shall be inspected weekly. The facility shall maintain a log on-site
recording the date the underdrain was inspected and any observations during the inspection. In the
event fluids are detected in the underdrain, the facility shall cease operations and notify the Colorado
Oil and Gas Conservation Commission and the Weld County Health and Planning Departments. No
fluids shall be received at the site until the source of the fluids in the underdrain is identified, repaired,
and any remedial work has been completed. (Health Dept.)
21. A biocide shall be injected into fluids received at the facility. The biocide shall be injected into the first
compartment of the sand trap. (Health Dept.)
22. The integrity of the netting material covering the sand trap shall be maintained. (Health Dept.)
23. Personnel from the Weld County Health Department and Weld County Department of Planning
Services 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. (Health Dept)
24. The applicant shall provide adequate toilet facilities (porta-potty) during construction of the facility.
(Health Dept.)
25. The 25-foot auxiliary road delineated on the plat will be used for fire protection and emergency use
only. (Public Works Dept.)
26. The trucks will turn east at the end of the entrance road and enter onto a concrete grain slab. After
depositing their water the trucks will move west across the slab and exit the facility through the main
entrance. (Public Works Dept.)
27. All tanks and structures shall be painted an earth-tone color and shall be maintained. (Dept. of
Planning Services)
28. The property owner or operator shall be responsible for complying with the Design Standards of
Section 24.5 of the Weld County Zoning Ordinance, as amended. (Dept. of Planning Services)
29. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 24.6 of the Weld County Zoning Ordinance, as amended. (Dept. of Planning Services)
30. Personnel from the Weld County Health Department and Weld County Department of Planning
Services 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 hereon and all
applicable Weld County regulations. (Health Dept. and Dept. of Planning Services)
31. 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 Planning Commission 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. (Dept. of Planning Services)
32. 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. (Dept. of Planning
Services)
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