HomeMy WebLinkAbout20221170.tiffRESOLUTION
RE: APPROVE VACATION OF USE BY SPECIAL REVIEW PERMIT, USR15-0077 -
CANNON LAND COMPANY, C/O CERTARUS, LTD.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, by Resolution dated March 9, 2016, the Board approved Use by Special
Review Permit, USR15-0077, for a Site Specific Development Plan and Use by Special Review
Permit, USR15-0077, for any Use permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts (Compressed Natural Gas (CNG) Fill
Station), provided that the property is not a lot in an approved or recorded subdivision plat or part
of a map or plan filed prior to adoption of any regulations controlling subdivisions in the
A (Agricultural) Zone District, for Cannon Land Company, do Certarus, Ltd., on the following
described real estate, to -wit:
Subdivision Exemption, SUBX15-0037; located in
the SE1/4 of Section 10, Township 2 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the Board has received a request from the current property owner's
authorized representative, Baseline Engineering Corporation, c/o Jessica Stonberg, 112 North
Rubey Drive, Suite 210, Golden, Colorado 80403, to vacate said Use by Special Review Permit,
USR15-0077, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendations of the
Department of Planning Services staff and all of the exhibits and evidence presented in this matter
and, having been fully informed, deems it advisable to approve said vacation.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Use by Special Review Permit, USR15-0077, be, and hereby is, vacated.
4824574 Pages: 1 of 2
05/04/2022 12:53 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
liORIA Ili! 11 111
Cc; PL(TP/MH), RPPL.,
APPL.REP.
Silo/22.
2022-1170
PL2414
VACATE USR15-0077 - CANNON LAND COMPANY, C/O CERTARUS, LTD.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of April, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dectitet),Lto•e1
Weld County Clerk to the Board
BY:
AP
County Attorney
Date of signature: 9/95:1/
4824374 Pages: 2 of 2
05/04/2022 12:53 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
Di
c K. James, Chair
Mike Freeman, Pro -Tern
EXCUSED
Perry L. Buck
teve Moreno
EXCUSED
Lori Saine
2022-1170
PL2414
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
TO: Weld County Board of County Commissioners
FROM: Michael Hall, Planner
SUBJECT: Vacation of USR15-0077
HEARING DATE: April 25, 2022
OWNER: Cannon Land Company c/o Patrick Cannon
3333 S. Wadsworth Blvd, Suite D-208, Lakewood, CO 80227
APPLICANT: Certarus (USA) Ltd. c/o Mark Wills
750 Town and Country Blvd, Suite 175, Houston, TX 77024
REPRESENTATIVE: Baseline Engineering Corporation do Lauren Richardson
112 N. Rubey Drive, Suite 210, Golden, CO 80403
LEGAL DESCRIPTION: Subdivision Exemption SUBX15-0037; located in the SE1/4 of Section 10, T2N,
R66W, of the 6th P.M., Weld County, Colorado
LOCATION: North of and adjacent to County Road 22; approximately 0.7 miles east of County
Road 31
PARCEL NUMBERS: 1309-10-0-00-006
PARCEL SIZE: +/- 10 acres
ZONE DISTRICT: A (Agricultural)
NARRATIVE: Use by Special Review Permit USR21-0005 was approved by Board of County Commissioners
Resolution on June 2, 2021, for an oil and gas support and service, specifically midstream
activities (compressed natural gas (CNG) fill station). The USR included the following
Condition of Approval:
1.A. "The applicant shall submit a complete vacation request letter for Use by Special Review No. USR15-
0077. The vacation shall be approved by Board of County Commissioners Resolution prior to recording
USR21-0005."
As a result of the new USR21-0005 on this property, the existing USR15-0077 permit is requested to be
vacated. For reference, USR15-0077 was for the same use, but was not able to be expanded due to code
modifications within the 2019 Zoning Ordinance. On March 9, 2022, the applicant submitted a vacation request
letter, dated July 7, 2021, for the complete vacation of Use by Special Review USR15-0077.
The Department of Planning Services staff has reviewed this request and recommends that this
request be approved.
If approved, the BOCC Resolution will satisfy condition 1.A of the USR21-0005 Resolution.
Exhibits:
A: Vacation Request Letter
B: USR15-0077 Map
2022-1170
Vacation of USR15-0077 I Certarus (USA) Ltd.
Page 1 of 1
4115 Lit-i►4
MB
July 7, 2021
Michael Hall
Planner II
Weld County
1555 N 17th Ave
Greeley, CO 80631
EXHIBIT
Engineering - Planning - Surveying
t
.O
fu
A
RE: USR21-0005 Conditions of Approval — Vacation Request Letter for Use by Special Review No.
USR15-0077
Michael,
Please accept this letter as the request to vacate Use by Special Review No. USR15-0077 so that
USR21-0005 may be recorded.
Sincerely,
Jessica Stonberg
Principal Planner
Baseline Engineering Corporation
Steamboat Springs • Golden • Colorado Springs • Loveland
Corporate Office: 112 North Rubey Drive, Suite 210; Golden, Colorado 80403
EXHIBIT
B
I
W:v
Zit?.�
Ja_
Ns
a"
0
C
X
I
•
"ri
L
�.W
•
•
Ia1s
P
CERTARUS LTD
NEW COUNT* COLORADO
CERTARUS WCR 22 CNG FILL STATION
SOUTHEAST 1/4 SECTION 10, T0MMS* 2 NORTH, RANG 66 WEST
COVER
MIMS
tea. a IOWA
Ma SWIM 10 .. S
MS W 24' r MT
WS MN Way OA=
NC '0'201S
fl P J11
WAS Nw
311 Cortina LUG UM
SC 1 OF 3
U1
4280711 P.
M :N'2I4617 Homan° ok r.,.! :.k
fire►maitit+t xitr� xihwpr.culi& Val
DEVELOPiENT STANDARDS
THE SW SPLCf)C DEVELOPMENT RAN AM) JSE BY SPECIAL RENEW
*RMIT. uSR15-0077. IS ION ANY U. PtRIA TIED AS A ua BY FOOL!,
ACCESSORY LSE, OR .& BY SPECIAL RENO 14 THE COMERCUL OR
NOUSTRUL ZONE %SHO T5 (COMPRESSED NATURAL GAS (CND) ft.
STATION), PROVOtD THAT TIE PROPERTY IS NOT A LOT IN AN APPROVED
OR RECORDED SUWtA90N PLAT OR PART OF A MAP OR PLAN FILED
PRIOR TO AMIPTton Of ANY REGULATIONS CONTRO.L;NC SUBODASIONS N
THE A [ACRJO&TIJRAL ZONE OS'RICT, %SECT TO THE DEVELOPMENT
STANDARDS STATED FEREp4.
2. APPROVAL OF MS PLAN VAT CREATE A VESTED PROPERTY RIGHT
PURSLANE '0 SkCTXN 7.1 -9 -to t) NNE *X IXJUNIT (XRA.
DC HOURS CF (PIRA1NN Mt (TEENIY-FLTUN (24) HOURS A DAY. WEN
DAYS (7) A MIEN, PER THE APPLICATION.
4. TIC PROPERTY OWNER CR OPERATOR SHALL PROTON *TIN fNOENCF
O AN APPROVED EMERGENCY ACTION NO SAFETY P'JN, Oh OR BEFORE
MARCH 15Th Of ANY OWLET YEAR, SIGNED BY REPRESENTATMES FOR Tit
THE DISTRICT ANC THE NO COUNTY Oi t OF EMERGENCY
MANAGEMENT TO THE DEPARTMEAT O Pt*naG SERVICES.
S. THE PARADiC AREA ON ME SITE SHALL BE MA*TAIC.
8. Ali 9G15 SHALL ADHERE TO OAPTER 21. ARTICLE Fi, DMSION J AFM'i
APPENDICES 23-C. 2) 0 AND 23 1. CE TIE WIELD COLNiY COOS.
7. ALL LOUD AND SOLID WASTES (AS DOMED N 111 SOLO WASTES
DISPOSAL LIES ANO MACUIRS ACT, SECTIOtt 3U-20-1003, C.RS)
SHALL BE STORED AND RENCKD FOR FINAL DISPOSAL N A MANNER NAT
PROTECTS AGAINST SURFACE MID 0tOJNOWATZR CONTAMINATION.
8. NO PEFIMAILENT DISPOSAL OF WASTES SHALE 3E PERECTED AT INS STE.
it 5 NOT MEANT TO *COAX THOSE WASTES SPEGFMAl1Y EXCLUDED
FROM THE OEHMTION Of A SOLO WASTE :N THE SOLD WASTES DISPOSAL
SITES MC 'AOtJTIES AC'. BECTON 30-20 was, C.R.S.
9. WASTE MATERIALS 91AL1 BE HANDLED, STORED, ANC DISPOSED OF N A
MAIC&R THAT CONTROLS Nam DUST, FUQ'M PARIC LATE
EtwsSots. BLOWN% DEBRIS. AND OWNER POTENTIAL NASAK1 CUC:IIOIS
THE APPLICANT 94,41.1 OPERATE N ACCORDANCE Sill CIIAPTER 14,
ARTICLE I, OF THE MEW COUNTY CODE.
10. FUOTIW DUST AND FUa1VE PARIIWLATE EMSSIOK SICUtD ATTEMPT TO
BE (ANEW ON ME PILCPERT) USES ON THE PROPERTY SI40JED
COWRY IAN TM TOOLDRADo MR QUALITY C4MMSEAN'S MT QUALITY
REGULATIONS
ADEQUATE Woof, HANDWASMC moo TOUT FACEJT£5 SHALL G
PWWOKJED FOR EMPLOYDES AND PATRONS OF THE FACILITY. AT AU. 11MES.
AS T14ERE ARE TEN (t0) OR LESS CUSTOMERS OR VISITORS PER DAY,
AND/OR )WO (2) OR LESS FULL-TIME L40 !'OUR VOL) E3IPICTIEES
LOCATED DI-9TF. f 4RO►FES CR CONTRACTORS ON-STE FCR LESS THAN
TWO (2) CONSECUTI* NOJRS A DAY, PORTABLE TOUTS ANO BOTTLED
WATER ARE ACCEPTABLE. RECORDS DE MINT NANO AM) PROPER
DISPOSAL FOR PORTABLE TONES SHALL BE RETAPED ON A QUARTERLY
BASIS NC AVRLABIE FOR RENE* BY INC WELD COUNTY DEPARTMENT CF
PUBIC HEALTH AND DPARONMENT, PORTAGE TOILETS SNAIL BE %PACED
BY A CLEANER LICENSED N WELD COUNTY MO STULL CONTAN HAND
SANMD4ERS
12 TINS FACUTY SHALL ADHERE IC TIC MAJISUR PCRMIS9BLE NOSE LEVELS
MIMED N DU LAiIT NWSTRIAL IUIE, AS OELJNEATED N SECTION
25-12-103 C.R.S.
13 Df FA(1iTY SHAH COMPLY MN DC UR POWJT'N UIR$5FGI NOTICE
(A.P.EN.) PARE REQ,*ENr.NTS AS STIPULAIEO BY THE MR POLLUTION
CCOONNTROL JENSIC4. DAIJRADo DEPARiWENT OF PU&C HENiH Nit)
ENNRO MOLT. AS APPJCABLE.
14 114E OPERATION SHALL COMPLY *TN AL. APPLUCA&J. RULES MD
REGULATIONS OF STATE AFC FEDERAL AGENCIES MO THE WIELD COUNTY
CODE.
IS. SOURCES OF UCHT SHALL Bf. WELDED so THAT UGH' RAYS WL N01
SM4E DIRECTLY ONTO ADJACENT PROPERTIES MERE SUCH WOULD CAUSE
A NUSANCE OR INTERFERE NTH THE USE al THE AOJMTNT PROVIDES
N ACCORDANa: MTh K PLAN. NEITHER It DIRECT. NOR REFLECTED,
UHAET ERN ANY UOIT SOURCE MAY CREATE A 1RAEFtC HAZARD TO
OPERATORS Of MOTOR VENCLUS ON PUBLIC OR PRIVATE STREETS. NC
COLORED LIGHTS MAY BE USED ARCH MAY N CONFUSED NM, OR
CONSTRUED AS, TRAFFMC CONTROL DEVICES.
15. wit PROPERTY OWNER 94ALL CONTROL NOXIOUS WEEDS ON THE SUE.
17. THE ACCESS TO RUE STE DIAL: BE MMNTAMED TO MITIGATE ANY
%TRACTS TO THE PLNUC ROAD NCIUJNNG DAMAGES AND/ON OESTE
TRADING
18. METE SHALL BE NO PAAI(NC OR STAGING OF VEHICLES CR PUBLIC
ROADS O4 -SITE PARIUNG SHALL * UTILIZED.
T9. TIE HISTORICAL PLOW PATTERNS AND RUNOFF AMOUNTS Si BL
MMITANED ON THE STE.
20. MELD MONTY 5 N01 RESPONSIBLE FOR THE MANTET4AMCE OF ON -SR
DRAINAGE RELATED 'EATURES
21 BUILDING PERMS MAY BE REWIRED. PER SECTION 29 3 10 O THE
$10 COUNTY 030€. ORRfNILY, THE FOLLOWING MAK BEEN ADOPTED BY
MID COUNTY. 2612 INTERNATIONAL CODES, 2006 INTERNATIONAL ENERGY
COOT., AMC 2014 NATIONAL 01CTRICAL CODE. A BUEDWNG PERM
APPUCAl10N MUST G COUPLER -0 AM) TWO (2) COMPtEIT SETS E)F
ENGREERED PLANS BORIC THE VT STAMP OF A COLORADO REGISTERED
AACfITECi OR ENQtEER KIST 8E SJEM ITED FOR RENEW. A
CEOTE0NICAL ENGWEERRM REPORT PERFORMED BY A COLORADO
REGTSTERfD ENGINEER SHALL BE *CATERED OR AN OPEN HOLE INSPECTION
22. DE PROPERTY OWNER CR OPERATOR STOLL BE RESPONSIBLE FOR
COMPLYING ON 1E DESIGN AND OPERATION STANDARDS OF CMAP'ER 23
OF NE NED LXA,NEY CD)f
21 NECESSARY PERSONNEL FROM TIE MELD CONTY DEPARTMENTS OF
PLANNNG SERN(ES. PUBNJC WORKS, MD PUBLIC HEALTH AND
TNNRONMENT SHALL BE GRANTED ACCESS ONTO THE PROPERTY Al ANY
RE/SWAMI TM. N OUR TO ENSURE THE ACTNTES CARRED (!UT ON
THE PROPERTY COWRY NTH DC CO DITIOIS Cf APPROVM AND
DEVELOPMENT STANDARDS STATED HEREIN ND ALL APPJCAB,E IUD
/XARI11 RE OA. MI NS
24. DIE USE BY SPECIAL RENEW AREA 911. BE LIMITED TO TILE PLANS
N10114 HEREON ANO GOVERNED $1 1Ht FOREGQNG STANDARDS AND AU.
APPLICABLE MID COUNTY RICLIATTONS SUBSTANTIM. CHANGES FROM
THE. PLANS JR DEVELOPMENT STANDARDS. AS 91(WN OR STATED, SHALL
REWIRE ht APPROVAL CF AN AVENIME ` t IHE PEW! BY THE OLD
COUNTY BOARD Of COUNTY CCRMMSSSYCRS WOK 9)04 (MANTES FROM
11* PLANS CR DEKLOPATENT STANDARDS ARE PEF41pTTED. ANY OTHER
CHANCES SNAIL Eff RED 7N NE OFFICE. OF 04 UTTARlENI O
PLMNNC SERVICES.
25 IM PROPERTY OWNER OR OPERATOR SHAIt fJ' RESPONSIBLE FOR
COMPLYING MTH ALL OF NE FOREGOING DEVELOPMENT STANDARDS.
N(r1CWPUANR MTH MY a DC H(IREQONG DEVELOPMENT STANDARDS
MAY BE REASON FOR REVOCATION OF THE PINE fly NE BOARD of
COUNTY COMF:SSOONERS
26. PJCHT TO EXTRACT NICRAL RESOURCES sTATDEENT: OLD COUNTY HAS
SOME Of THE MOST ABLOOM*? MNERk RESOURCES NCLLLVIG BUT NOT
MIRED T0. SAND AND CRAVEN, al, NATURAL GAS AND CON. UNDER
TILE 34 Of THE COLORADO REUSED STATUTES IRFERALS ARE VITAL
RESOURCES BECAUSE (A) THE SHALES COIMIMERCIAL MINERAL DEPOSITS
ARE ESSENTIAL ?0 THE STATE'S ECONOMY; (B) TIE POPULOLS COUNTES
OF THE STATE FACE A ER111CM SHORTAGE a SIH24 DEPOSITS; AND (C)
S7101 OEPOJTS SHOtAD BE EXTRACTED ACCOFCNC TO A RATIONAL PLAN,
CALCEIUl1ED TO AVDIO WASTE OF SL1U1 DEPOSITS MID CAUSE TIC LEAST
PRACTICABLE DTSRtPTOI a THE ECOLOGY AM) OUAL;TY a RI. Of THE
OTIZENS Of THE INIP-JLOUS COUNTIES (1 TIE STATE. ToFIERAL RESOURCE
LOVABONS ARE MOESPREAD TEROUQ4OUT THE COO EY NC PERSON
NCRNG INTO THEY AREAS MUST RE C0C JIZE THE MODUS MACES
ASSOCIATED MTH illS DEVELOPMENT. OFTEN DMUS. weal RESOURCE
SITES ARE FIXED TO THEY CEO RAPf4ECAL MO (AC'HYSCIG. UJCAI'�ONS
SCREOKR. TNESE RESOURCES ARE PROTECTED PRCPERTY RIGHTS NC
IMNERAL OWNERS SHOULD BE AFFORDED If CPPCRTIRKTY TO EXTRACT
M MWRM RESOURCE
27. RIGHT TO FARM STATEMENT: $1D COUNTY ES ONE OF TIE NOS'
PROLIX,* A(RN 1TURAI MENTES N THE UNITED STATES, TYPICALLY
RANKING iN 1st TOP TEN CONNTES IN THE COUNTRY N TOTAL !MRIUE'
'VALIL (C ACRIOULELRAL PRODUCTS SCLD. THE RURAL AREAS OF REID
COUNTY MAY BE OPEN MC SPA70US, BUT DRY ARE ATENSIVEly USED
FOR AGROATURE. PARSONS MOVING NEC A RURAL AREA MUST
REO:OILE AM) A(X1F'T TIERS ARE. DRAMMEN& I4C.LANG COMPACTS
MTH LONG-STANDING AOFICLLTURAL PRACICES AND A LINER LEAF, OF
SERVICES MAN A TOWN. ALONG MM WE ORARBACIS COW THE
NCENTIVES INA> ATTRACT URBAN DWELLERS TO RELOCATE 10 RURAL
ARRAS OPEN VCRS, SPACIOUSNESS, %CUM LACIc OF CITY NOSE MO
CONGESTION. AND 'HE RURAL ATMOSPHERE AND WAY OF WE. NNW
NOONBOINO FARMS, THOSE FEATURES 0404 ATTRACT URBAN DWELLERS
10 RURAL WELD COUNTY VOID OMNI r EE GONE FOREVER.
ACR!C11LR.RAL USERS OF THE (AND 94010 N01 BE EXPECTED TO
ChAN(E THIS LONG ESTALL9ED AGRICULTURAL PRACTICES TO
ACCJMMODAiE THE NIRUSONS O URBAN USERS INTO A RE,RAL AREA.
RELLRUN AYROJLTLIRAL ACTVITES &t GENERATE OFF -SIT *PACTS.
MQJJ0t$, IIOST FROM TRACTORS AND EOueENt; SIGN -MOVING FARM
YEHCEES (N RURAL ROADS; OUST FROM ANIMAL PENS. IRDD WORT(.
HARAST MD CRAPE. ROADS; ODOR FROM ANELAL CONFREMEN', SILAGE
AND MANURE; 9RX(E IRON CITGH BURNING; ELLS AND MOSQATCt5.
HLINTN(1 AM) TRAPPING ACONITES SHOWING SPoRS. LEGAL HAZJNG Of
'usm E WKDL$1. AND THE USE or PISEICOEs AMC FERIEJZERS N TIE
FELDS, WQUONG "Hi USE Ulf AERIAL SPRAYING. IT is COVMCII PRAC110E
FC1R AGRICULTURAL PRODUCERS TO LENIN AN ACCLIAIIATIO: OF
ACRICLAIURAL MADMNER" AND SUPPUfS TO ASSIST N THEIR
AGRICULTURAL OPERAINNS. A UXNCENIRADOI OF WSQLLAWOUS
ACR(.ULTURAL MATERIALS OFTEN PRODUCES A NSJAL DISPARITY BETWEEN
RURAL AND LORAN ARIAS CE THE COUNTY. MtTICN 35-15-102. C.R.S,
PROVIDES THAT AN ACR101t.TURAI OPERATION SMALL NOT BE fanRC 10
BE A PUBLIC OR PRIVATE NUISANCE F THE AGRICULTURAL 0PERATWOM
/Miran TO BE A 5U1SMCF EMPLOYS METHODS OR PRACTICES THAI ARE
COMMONY OR REASONABLY ASSOCIATED STN AGI W,TJRAL PRU)UCIEON.
WATER HAS BEEN. AND CONTIMIES TO N. TIC LNEIIAE FCR RE
AGRICULTURAL COM&NETY. IT TS UNREALISTIC TO ASSUME MAT DUDES
ANC RESERVOIRS MAY SIMPLY BE MOVED 'OUT Cl 11C WAY OF
RI9004TIM DEVELOPMENT MEN MOVING TO THE COUNTY. PROPERTY
OWNERS AND RESIDENTS AST REALM THEY CANNOT TAW WATER FROM
IRRIGATION CATCHES, LAT& OR ono STR ctotts, LtfASS KY HAYS
AR AD,AIOICATED Roll TO DC WATER
MELD COUNTY CORERS A LAND AREA O APPROXIMATELY FOUR RFOUSAPC
(4,000) SQIAlt MWIES N SZE (EMC( THE Sit a nit STATE O
OtLAWME) MM MORE IHAFN THREE IIIJUSMC SEWN MLNDRED (3,700)
RILES OF STATE AFC COUNTY ROADS OUTSIDE a TA MICIPA' ME
SNEER MAOMTU0E a TIE AREA TO BE SERVED STRETCHES AVAEAKE
RESOURCES I AW ENFOFRCF1ENT IS BASED CFI RESPONSES TO COMP ANTS
MORE 11AN ON PATROLS OF THE COUNTY, MID THE DISTANCES MAO(
MUST G. TRAVELED WY DELAY ALL EMERGENCY RESPONSES. I4CU10NG
LAW EWORCELFOIT, AMBULANCE. Mt FIRE FIRE PROTECTION 5 USUALLY
PROVIDE') BY VOLUNTEERS IRO MUST LEAK TIEJR JOBS AND FMCS TO
RESPOND 'U EMERGENCIES. COUNTY (RAKE ROADS, NO VATTER NOW
Of TEN MEY APE BLADED, WALL NOT PRONDt TIE SAME KIND OF SURFACE
EXPECTED FROM A PAVED ROAD. 9401 REMOVAL PRICRTES MEAN THAT
ROADS FROM SUfDINSMOMS TO ARIERIALS MAY NOT BE CLEARED FO
SEVERAL. DAYS AFTER A MAJOR SMDWSTCRM. SERVICES IN RURAL AREAS,
IN MANY CASES, *1. NOT BE EOUPIALFNT TO MUAI7PAL %(RACES.
RJRA_ DWELLERS OUST, BY NECESSITY, BE MOLE SP; SUfHOENT THAN
URBAN DWELLERS.
(PEOPLE ARE EXPOSED To DIFF(E�R�E,yN;T. rAZAR0S N INC CONTY MAN A
MN URBAN OR SUltRBAN SETTING, rAPI (QUIVER' MID al IILLD
EQUIPMENT. PONDS AND 'NEGATION RICHES. ELECTNICAL POMP 1(04
PUMPS AND CENTER v1YOT OPERADCNS, MOH SPEED TRAFFIC, SAND
BURS, PUNCTURE VINES, TERRITORIAL. FARM DOGS AND UVESTOO( AND
OPEN WTTING PRESENT REAL THREATS. CONTROLLING DIL.ORFMS
AC:DATES IS IMPORTANT, NOT ONLY FOR TIER SAFETY, OTT ALSO FOR
1)E PROTECTION tT NNE FARMER'S I NK11N000
CERTARUS LTD.
USR15-0077
PART OF THE SOUTHEAST 1/4 OF SECTION l0, TM, R66W, 6Th PM,
COUNTY OF WELD, STATE OF COLORADO
VCR 2t
VCR 20
•
ga
VCR lb
VER TO
VIC
NTY MAP
cow
P_EsaRT tej1Q!
LAND USE: COMMERCIAL N DUSTRUL
10NNG: AG A
LEGAL SUBDIV1SON EXEMPTION NO 1309-10-4 SUBX15-0037
SOIL CLASSIFJCATlON;
VALENT SAND, 0 TO 3 PERCENT SLOPES; 74.0%
VALENI SAND, 3 TO 9 PERCENT SLOPES; 12.7%
VONA LOAMY SAND, 0 i0 3 PERCENT SLOPES; 13 2%
essitectssmin39ON (IRTfCATtCN
MS S TO CERTTY NAT nit MLD COUNTY PLANNING CXMIRS90N HAS CERTIFIED AMC DOES HEREBY RECOWEND TO TIE BOARC
OF COUNTY COMUISSQIERS, KID COLNTT, COLORADO, 'OR ITS COWIRMAP.ON, APPROVAL AND ADOPTION THIS 2TE SPUNK
DENELOPM�,y1. N ANSI(,.VIAL' Al •• HEW AS SHORN AM) DESCRIBED HEREON THIS fl DAY OF . :'6t�f
in CHIN!' ' NNG r 1BS9GN
WARD OF AMITY COMET
TNIS ES TO CERTIFY NAT THE BOARD Elf COUNTY CDINJISSIONERS, MID COUNTY, COLORADO, DOES HEREBY CCNFNRM AND ADOPT
THIS SITE ` CCIf1C_'�EW.LOPMENT PLAN MO JSE BY SPECIAL RENEW AM) DCW:CPMENT STANDARDS AS 94)111* AND OE.SCRIBFD
HEREIN THIS DAY C _Moos. - 20/Cs
CHAIR. B0AR0 OF COUNir COMMSSYJNERS
ATTEST LF.f4:4M/ "Vs'K
NEW COUNTY am TO THE BOARD
PROPMTY QrCRES CIRI ICATION
DATEDJ�.I�
THE UACERSSKIC MAJOR PROPERTY ONER(S) DO HEREBY AGREE TO DE SITE SPECIAC DEVELOPMENT PLAN AM) USf RY
SRECiAI F}NEW {OPMLNT STANIOARDS AS DESCNBtD HEREON THIS DAY a _ , 20,2k
SHEET INDEX
31 • COWER
U2 • OW7RALL SITE PLAN
ui - DETAILS
4 \RINI. LCV17 Cotc, U4 USR\144 tgc',J) 44•1449 ITO U50.<p 4/12/40 16 Si
r\
/
/ / _ _^
_ J
-I I
/ / I OR AeAr� l
/ I( \
I `> ) WAIL taw CAME axe
r wa'CWaaaa1 Pa
— — _I--- — — 1mu a➢11Y s�fume
IIrAPIZI nrEWRIINtflI.n
CERTARUS LTD.
USR15-0077
PART OF MB soUTSBASr 1/4 OP SECTION 10, T2N, R66W, SIB PR,
COUNry OP WELD, STATE OF COLORADO
—__ =_= " —u9 -- 1
--_ =cc- _cc— _____=__ "'�_. gym ------- �--_�__------
I as AVAWaO bNNMRtO------
+� I ; r / mua umnrtxa aumIMOD
mrt c _
1 I t\
N.
,' / /r i %
/ i ; II m°iarvsN
// dart slma-awnl 8 ao S
`/ Dan -irn./ ./ ` 12/A•-, r, -4,—"T
+r~� ,.'\ava"'"" ao as .`` �`, P19➢S mPOCIYM lTM -./"N r I W
RICO SCIMM-,
,1 fa '� �' 7aµ }
��.o� Lmyr 01
" 'ac MCA— Y �—
/
i \1
II
1/
�p I!ARIA
i
r WON)Y 004D
II
41.
AMMO=
— A
OVERALL 9T° PLAN
IINE IEGFNQ
Oa LOOM (I)
IIMA WWI (5)
--- m6: x10/0
mO V A5111ALi
SLUER,,W50W OS
(*0111
i ,SMO /505 00 "UMW
COMM ROO O!RAY
_-- IMPOSED Rai O'141
IMMO CAS KWIC
IMMO OWN IIM lam
MUM OWN UM MIS
OAS FAOfam 555 PP
IM
F AI0OL LEGEND
1,/Aril
•
—,I' =rLS 891724.W 9734
MOM= ?Moo
edam ASRatl
SOLO OIIA0Aa! Apo
Mart IRIS
93.11,431 COM
4L ,4 T30 Aa°
NMm V005,K7 -
N
CROW 5010E
°L .-9
IELAN IT
Qo l im
LILO
J
uJ
a}
I�
8
Bg
i1
A
0
5
IC
P
a
0010013
010
IVO
1171* W V0.0,
U2
NYC'+CHMiA�YM.120. .r0. 1NilYA UII
tOJO.C LLC\317 C..i . CC USA\Ac+'^9+Vn Cc!w.. CCC USA '21 y 4/12/2016 DCCC PU EUw not!
VEHIGL2
—TRACKING-CONTROL
— — — — HARD sum=(bpndl) —
PU{BUC ROAD
B1
imamu.4T H. emu
— e —e
'ii g
:$ h!
m
— )--.—,e'en—
—
1
1L`IP
4
ROTE I> COVER Chet lAi VW
CP P!4 4WiOtr'
RiCOx1RMMTAY
r
wMERPM
.,a0,5,
O
MYR.LIDIDa9RLLT WIN
O JmS GVRP GU.42
b
fiimA ODCRX1NDR4tC
PRESUMEDOP3loss
Willie
w n
oco.oe%Tw
awlsT. I4"..m
ACCESS DETAII.
CERTARUS LTD.
USR15-0077
PART OP THE SOUTHEAST 1/4 OP SECIION 10, TIN, R66W, GTE P.M,
COUNTY OP WELD, STATE OP COLORADO
1
I$
'$
S
4
as
6
U J
U
3g
iqs
ffi
NM fawn aPts+
in,mer rm. amp OM
loos
MT 3 Cr J
U3
P41
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0077, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (COMPRESSED NATURAL GAS (CNG) FILL
STATION), PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR
RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO
ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE
A (AGRICULTURAL) ZONE DISTRICT -- CANNON LAND COMPANY, C/O
CERTARUS, LTD.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 9th day of
March, 2016, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Cannon Land Company, 3575 E. Cherry Creek North Drive, Denver, CO 80209,
c/o Certarus, Ltd, 555 4th Avenue SW, Suite 1250, Calgary, Alberta Canada AM T2P 3E7, for a
Site Specific Development Plan and Use by Special Review Permit, USR15-0077, for any Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (Compressed Natural Gas (CNG) Fill Station), provided that the property
is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to
adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
Subdivision Exemption, SUBX15-0037; located in
the SE1/4 /4 of Section 10, Township 2 North, Range
66 West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present and represented by Ethan Watel,
Baseline Corporation, 1950 Ford Street, Golden, CO 80410, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved 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 Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
Pe ()ZS
1 "di its tri,
2016-0759
PL2414
SPECIAL REVIEW PERMIT (USR15-0077) - CANNON LAND COMPANY, C/O CERTARUS,
LTD
PAGE 2
1
)
Section 22-2-20 I (A Goal 9) states "Reduce potential conflicts
between varying land uses in the conversion of traditional
agncultural lands to other land uses " Conditions of Approval and
Development Standards are attached to mitigate/alleviate impacts
from the site such as lighting and noise
2) Section 22-2-20 15 (A Policy 9 5) states "Applications for a change
of land use in the agncultural areas should be reviewed in
accordance with all potential impacts to surrounding properties and
referral agencies "The proposed USR site is located approximately
one (1) mile from the nearest residences The site is located just to
the east and north of several oil and gas support and service
facilities
B Section 23-2-230 B 2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District Section 23-3-40 S of the Weld County
Code is for any use permitted as a Use by Right, Accessory Use, or Use
by Special Review in the Commercial or Industrial Zone Districts,
(compressed natural gas (CNG) fill station), provided that the property is
not a lot in an approved or recorded subdivision plat or part of a map or
plan filed prior to adoption of any regulations controlling subdivisions in the
A (Agricultural) Zone District
C Section 23-2-230 B 3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses The site is located adjacent to
multiple oil and gas facilities to the east and southeast of the site (a
compressor station and natural gas processing facility approved under 2nd
AMSUP-211 and an oil and gas processing facility approved under 3rd
AMUSR-1002)
D Section 23-2-230 B 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 a three (3) mile referral area of
any municipality, nor is it located within any existing Intergovernmental
Agreement Area (IGA) of a municipality
E Section 23-2-230 B 5 -- The application complies with Chapter 23,
Article V, of the Weld County Code Building Permits issued on the lot will
be required to adhere to the fee structure of the County -Wide Road Impact
Fee, County Facility Fee and Drainage Impact Fee Programs
F Section 23-2-230 B 6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use The proposed facility is located on approximately ten (10) acres
2016-0759
PL2414
SPECIAL REVIEW PERMIT (USR15-0077) - CANNON LAND COMPANY, C/O CERTARUS,
LTD
PAGE 3
delineated as "Other Land," per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map
G Section 23-2-230 B 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 can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Cannon Land Company, c/o Certarus, Ltd , for a Site
Specific Development Plan and Use by Special Review Permit, USR15-0077, for any Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (Compressed Natural Gas (CNG) Fill Station), provided that the property
is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to
adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, on the
parcel of land described above be, and hereby is, granted subject to the following conditions
1 Prior to recording the map
A The Subdivision Exemption, SUBX15-0037, plat shall be submitted to the
Department of Planning Services for recording
B The map shall be amended to delineate the following
1) The attached Development Standards
2) The map shall be prepared in accordance with Section 23-2-260 D
of the Weld County Code
2 Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) paper copy or one (1) electronic copy ( pdf) of the plat for preliminary approval
to the Weld County Department of Planning Services Upon approval of the plat
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 the Department of Planning Services 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 one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution The applicant shall be responsible for paying
the recording fee
3 In accordance with Weld County Code Ordinance #2012-3, approved
April 30, 2012, should the plat not be recorded within the required one hundred
twenty (120) days from the date of the Board of County Commissioners Resolution,
a $50 00 recording continuance charge shall added for each additional three (3)
month period
2016-0759
PL2414
SPECIAL REVIEW PERMIT (USR15-0077) - CANNON LAND COMPANY, C/O CERTARUS,
LTD
PAGE 4
4 The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate Acceptable CAD formats are dwg, dxf,
and dgn (Microstation), acceptable GIS formats are ArcView shapefiles or ArcGIS
Personal GeoDataBase (MDB) The preferred format for Images is of (Group 4)
(Group 6 is not acceptable) This digital file may be sent to maps@co weld co us
5 Prior to Construction
A The approved access and tracking control shall be constructed prior to
on -site construction
B If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required
6 Prior to Operation
A The applicant shall develop an Emergency Action and Safety Plan with the
Office of Emergency Management and the Fire District The plan shall be
reviewed on an annual basis by the Facility operator, the Fire District and
the Weld County Office of Emergency Management Submit evidence of
acceptance to the Department of Planning Services
7 The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder or the
applicant has been approved for an early release agreement
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of March, A D , 2016
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST dime& w adeo €1
Weld County Clerk to the Board
r
BY
De Clerk to the Boa
y Attorney
Date of signature Go9-/
Mike Freeman, Chair
- = - :, .
Sean P Conway, Pro -Tern C__ -7)
Kirkmeyer
/71 -0 -Le.,.... -0"
eve Moreno
2016-0759
PL2414
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CANNON LAND COMPANY, CIO CERTARUS, LTD
USR15-0077
1 The Site Specific Development Plan and Use by Special Review Permit, USR15-0077, is
for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (Compressed Natural Gas (CNG) Fill Station),
provided that the property is not a lot in an approved or recorded subdivision plat or part
of a map or plan filed prior to adoption of any regulations controlling subdivisions in the
A (Agricultural) Zone District, subject to the Development Standards stated hereon
2 Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code
3 The hours of operation are twenty-four (24) hours a day, seven days (7) a week, per the
application
4 The property owner or operator shall provide written evidence of an approved Emergency
Action and Safety Plan, on or before March 15th of any given year, signed by
representatives for the Fire District and the Weld County Office of Emergency
Management to the Department of Planning Services
5 The parking area on the site shall be maintained
6 All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code
7 All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100 5, C R S ) shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination
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, Section 30-20-100 5, C R S
9 Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions The applicant shall operate in accordance with Chapter 14, Article I, of the
Weld County Code
10 Fugitive dust and fugitive particulate emissions should attempt to be confined on the
property Uses on the property should comply with the Colorado Air Quality Commission's
Air Quality Regulations
11 Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times As there are ten (10) or less customers or visitors per
day, and/or two (2) or less full-time (40 hour week) employees located on -site, employees
or contractors on -site for less than two (2) consecutive hours a day, portable toilets and
2016-0759
PL2414
DEVELOPMENT STANDARDS (USR15-0077) - CANNON LAND COMPANY, C/O
CERTARUS, LTD
PAGE 2
bottled water are acceptable Records of maintenance and proper disposal for portable
toilets shall be retained on a quarterly basis and available for review by the Weld County
Department of Public Health and Environment Portable toilets shall be serviced by a
cleaner licensed in Weld County and shall contain hand sanitizers
12 This facility shall adhere to the maximum permissible noise levels allowed in the Light
Industrial Zone District, as delineated in Section 25-12-103, C R S
13 The facility shall comply with the Air Pollution Emission Notice (A P E N) Permit
requirements as stipulated by the Air Pollution Control Division of the Colorado
Department of Public Health and Environment, as applicable
14 The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code
15 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 construed as,
traffic control devices
16 The property owner shall control noxious weeds on the site
17 The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or offsite tracking
18 There shall be no parking or staging of vehicles on public roads On -site parking shall be
utilized
19 The historical flow patterns and runoff amounts will be maintained on the site
20 Weld County is not responsible for the maintenance of on -site drainage related features
21 Building permits may be required, per Section 29-3-10 of the Weld County Code
Currently, the following have been adopted by Weld County 2012 International Codes,
2006 International Energy Code, and 2014 National Electrical Code A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing the
wet stamp of a Colorado registered architect or engineer must be submitted for review A
Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection
22 The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code
23 Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
2016-0759
PL2414
DEVELOPMENT STANDARDS (USR15-0077) - CANNON LAND COMPANY, C/O
CERTARUS, LTD
PAGE 3
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations
24 The Use by 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
25 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
26 RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal Under title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy, (b) the populous counties of the state face a critical shortage of such deposits,
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state Mineral resource
locations are widespread throughout the County and person moving into these areas must
recognize the various impacts associated with this development Often times, mineral
resource sites are fixed to their geographical and geophysical locations Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource
27 The Weld County Right to Farm Statement, as it appears in Section 22-2-20 J 2 of the
Weld County Code, shall be placed on the map and recognized at all times
2016-0759
PL2414
Hello