HomeMy WebLinkAbout20210031.tiffHEARING CERTIFICATION
DOCKET NO. 2020-83.B
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR20-0024, FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY (OUTSIDE
STORAGE OF OIL AND GAS VEHICLES AND EQUIPMENT) IN THE
A (AGRICULTURAL) ZONE DISTRICT - ENSIGN UNITED STATES DRILLING, INC.
A public hearing was conducted on February 3, 2021, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair
Commissioner Scott K. James, Chair Pro-Tem
Commissioner Perry L. Buck
Commissioner Mike Freeman
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jan Warwick
Assistant County Attorney, Bob Choate
Planning Services Department representative, Chris Gathman
Public Works Department representative, Melissa King
Health Department representative, Lauren Light
The following business was transacted:
El I hereby certify that pursuant to a notice dated November 16, 2020, and duly published
November 20, 2020, in the Greeley Tribune, a public hearing was conducted on December 30,
2020, to consider the request of Ensign United States Drilling, Inc., for a Site Specific
Development Plan and Use by Special Review Permit, USR20-0024, for an Oil and Gas Support
and Service Facility (outside storage of oil and gas vehicles and equipment) in the A (Agricultural)
Zone District. At said hearing, this matter was continued to February 3, 2021, to allow the applicant
adequate time to research screening options. Bob Choate, Assistant County Attorney, made this
a matter of record.
Chris Gathman, Department of Planning Services (PS), presented a brief summary of the
proposal and described the location of additional property north of the site, permitted under
MUSR12-0010, which is also owned by the applicant and operates in conjunction with the subject
USR application, which stemmed from a request for a building permit. Mr. Gathman explained
both sites share a common access off of County Road (CR) 46, as the original shared access
easement from County Highway 49 (CR 49) was closed. He stated the site will consist of
equipment storage and vehicle parking for up to 120 vehicles, and there will be ten (10) on -site
employees, and up to 110 off -site employees. Mr. Gathman shared there are two (2) cargo
containers onsite, operations will be 24 hours a day, seven days a week, with a maximum of 40
users of the site and minimal traffic from outside visitors and consultants. He stated the applicant
has requested no screening of the site and has contacted surrounding property owners (SPO) for
their input and included their response in the record. Mr. Gathman relayed PS is recommending
a Landscaping and Screening Plan, since the site is adjacent to CR 49, stating MUSR12-0010 to
the north does have a Development Standard that requires screening and landscaping. He shared
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some site constraints related to a 35 -foot ditch easement for the Bohlender Ditch and the widening
of CR 49. Mr. Gathman described surrounding land uses and stated the proposed use is
consistent with the area. He shared no responses were received from SPOs, and there is currently
Screening, Lighting and Final Drainage Plans in the Conditions of Approval. He further stated the
site is not located within a three (3) -mile referral area or Intergovernmental Agreement (IGA)
boundary of any municipality, Geological Hazard Overlay District, Municipal Separate Storm
Sewer System (MS4) Area, or Special Flood Hazard Area; however, it is located within the
boundaries of the Weld County Airport Overlay District, which did not return a referral response.
He further stated the facility is not located on prime agricultural land, is on approximately 9.02
acres, and historic use of the site has been sporadic storage of frac tanks since 2012. Mr.
Gathman entered the favorable recommendation of the Planning Commission into the record as
written and displayed images of the site and surrounding views.
In response to Commissioner James, Mr. Gathman described the screening requirements for
the USR permit located immediately to the north and relayed he did not see any screening at his
visit, which will be addressed separately from this hearing.
IE Melissa King, Department of Public Works, stated the applicant proposed the parcel utilize
the two existing permitted accesses onto CR 46, which are associated with the parcel to the north
that is under the same ownership and operated under MUSR12-0010. She confirmed no
additional accesses are requested; however, a new Access Permit will be required, which
acknowledges that the permit is for both parcels. She explained CR 46 is a local, gravel road and
the latest average daily trips counted 228 vehicles per day, with 41% trucks, the 85th percentile
speed is 44 MPH, and the application indicates no additional traffic will be generated. Ms. King
relayed a Final Drainage Water Quality Report was received and accepted and no additional
drainage information is needed.
Lauren Light, Department of Public Health and Environment (EH), stated employees will have
access to utilize restrooms on the north lot where the office and shop are located. She stated that
site is served by the Central Weld County Water District (CWCWD), has a commercial septic
system sized for 20 people, and if that property is not available in the future, a screened portable
toilet will be used in accordance with EH policy, which is covered in the Development Standards
(DS). Ms. Light relayed water will be used for dust control, if necessary, a Dust Abatement Plan
was received, and DS #14 - 20 address EH items and staff has no outstanding issues with this
request.
Michael McDaniel, Project Manager for Landmark Builders, Inc., commended staff for their
assistance, provided handouts to the Board (Exhibit F), described the overall condition of the site
and showed the historical use of the site. Mr. McDaniel explained the site was originally accessed
from CR 49, which was later relinquished prior to expansion of CR 49. He stated no complaints
by SPOs have been received, and the applicant agrees to the requirement for a Road
Maintenance Agreement. Mr. McDaniel displayed elevation differences from east to west,
explained the water quality pond will be large enough to contain any runoff, displayed screening
options and provided reasons why screening would not be practical in this instance.
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IR Bob Keiser, Ensign United States Drilling, Inc., explained the encroachment of CR 49 is
natural but impinges upon buildings that have existed since 1987, as amended under
MUSR12-0010. He stated if the fence is moved to align with the screening, there would no longer
be access to their building.
IR Mr. Teets, Greeley resident, expressed concern with the potential for increased traffic in the
area. Commissioner Freeman explained there will be no traffic increases with this application, as
is stated in the Traffic Study.
El In response to Chair Moreno, Mr. McDaniel, on behalf of the applicant, indicated he has
reviewed the Conditions of Approval and Development Standards and has no requested changes.
Commissioner James expressed frustration with the lack of screening compliance on the
facility to the north, noting the applicant is currently requesting a waiver of screening requirements
on the subject site as being consistent with the surrounding area. Commissioner Freeman
commented there are no residential neighbors, no complaints, no responses in opposition to the
application and he does not believe screening is necessary in this area because the oil and gas
industry is just as much a part of Weld County as agricultural operations. Commissioner Buck
commended the applicant for mitigating the impacts to the neighbor and stated she is in support
of the application.
El The Board discussed removal of COA #1.A (Lighting Plan) and #1.B (Landscape and
Screening Plan). Mr. Gathman suggested modification of language on COA 1.C (Access onto
CR 49) to state, "The applicant shall apply for a new access permit that replaces AP12-00131;
that acknowledges both parcels (#105318200015 and #105318200011) using a shared access
location onto County Road 46; and that meets the Minimum Spacing Criteria as prescribed in the
Weld County Code, Section 8-14-30.1." Chair Moreno then suggested removal of COA #1.D.5
(Landscaping and Screening) and #1.D.6 (Lighting Plan). Commissioner James suggested
deletion of DS #7 (Landscaping and Screening) and DS #21 (Lighting). In response to
Commissioner Buck, Chair Moreno recapped the requested changes.
IR In response to Chair Moreno, Mr. McDaniel indicated, on behalf of the applicant, he has
reviewed, and agrees to abide by, the Conditions of Approval and Development Standards, as
amended.
Commissioner James moved to approve the request of Ensign United States Drilling, Inc., for
a Site Specific Development Plan and Use by Special Review Permit, USR20-0024, for an Oil
and Gas Support and Service Facility (outside storage of oil and gas vehicles and equipment) in
the A (Agricultural) Zone District, based on the recommendations of Planning staff and the
Planning Commission, with the Conditions of Approval and Development Standards, as amended.
The motion was seconded by Commissioner Freeman, and it carried unanimously. There being
no further discussion, the hearing was completed at 10:39 a.m.
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HEARING CERTIFICATION - ENSIGN UNITED STATES DRILLING, INC. (USR20-0024)
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This Certification was approved on the 8th day of February, 2021.
BOARD OF COUNTY COMMISSIONERS
WEL[},COUNTY, COLORADO
ATTEST: dtMe4) JCL :ti
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
Stevoreno, Chair
S
Lori Saine
2021-0031
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