HomeMy WebLinkAbout20210019.tiffEXHIBIT
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BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
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RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Butch White, 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:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
U SR20-0024
ENSIGN UNITED STATES DRILLING INC
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
P ERMIT FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY (OUTSIDE
STORAGE OF OIL GAS VEHICLES AND EQUIPMENT) IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LOT A REC EXEMPT RECX12-0042, PART NW4 SECTION 18, T4N, R64W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
EAST OF AND ADJACENT TO CR 49 AND IS APPROXIMATELY 700 -FEET
SOUTH OF CR 46.
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 22-2-30 Land Use Goals
Section 22-2-30.A.1. Land use changes should not inhibit agricultural production nor
operations.
This facility is not located on land that is in agricultural production. Additionally, the facility is
located on property delineated as "Other" per the per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. The site is also located on bottomlands near a
n atural draw
Section 22-2-30.C. Harmonize development with surrounding land uses.
A landscape and screening plan and lighting plan are required to address impacts
associated with this use on surrounding land uses and to mitigate impacts to travelling public
o n the County Highway (County Road 49).
Sec. 22-2-40.A.5. Encourage agglomeration economies of synergistic businesses.
This use is adjacent to and will support existing oil and gas support businesses in the area.
Sec. 22-2-60.8. Support responsible energy and mineral development.
The oil and gas storage facility is located adjacent to other oil and gas support uses in the
area and does not impact existing agricultural operations.
Sec. 22-2-60.8.3. Require that energy and mineral resource development conserve the land
and minimize the impact on surrounding land and the existing surrounding land uses.
The facility is located adjacent to similar uses (oil and gas support uses). Screening and
Lighting Plans are required as conditions of approval to minimize impact on surrounding land
u ses.
RESOLUTION USR20-0024
ENSIGN UNITED STATES DRILLING INC
PAGE 2
The proposed use is in an area that can support this development and the existing
screening, the Development Standards, and the Conditions of Approval will assist in
mitigating the impacts of the facility on the adjacent properties and Public rights -of -way and
will ensure compatibility with surrounding land uses and the region.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
Section 23-3-10 of the Weld County Code states: "Agriculture in the county is considered a
valuable resource which must be protected from adverse impacts resulting from
uncontrolled and undirected business, industrial and residential land uses. The A
(Agricultural) Zone District is established to maintain and promote agriculture as an
essential feature of the county. The A (Agricultural) Zone District is intended to provide
areas for the conduct of agricultural activities and activities related to agriculture and
agricultural production, and for areas for natural resource extraction and energy
development, without the interference of other, incompatible land uses."
There are existing energy development uses in the area. This use is related to energy
development uses and is consistent with the intent of the A (Agricultural) Zone District. This
use supports and is adjacent to MUSR12-0010 for A Site Specific Development Plan And
Use By Special Review Permit For A Mineral Resource Development Facility, Including An
Oil And Gas Support And Services Facility Including The Parking And Maintenance Of
Exploration, Production Or Workover Equipment; Field Offices Used By Production -Related
Records And Maintenance Personnel And For The Expansion Of On -Site Infrastructure
Including The Expansion Of The Shop And Office Building, The Addition Of A Fueling
Station And Fuel Storage Tank Farm And Additional Equipment Parking. This use was
originally permitted in 1986, amended in 1987 and amended again in 2012.
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 adjacent to existing oil and gas facilities to the north, east and south. This
laydown yard is being operated in conjunction/support of an oil and gas support operation
located to the north (MUSR12-0010 for shop buildings, fuel tanks, company truck and
storage areas along with 10-onsite employees and up to 110 off -site employees) operated by
Ensign. USR-1517 was approved for and Oil and Gas Support Facility (Land Treatment
Facility) is located to the northeast. USR-1570 for an Oil and Gas Support Facility (Office and
storage area for oil and gas equipment) is located to the east and south. The storage area
associated with USR-1570 was required to be screened as a condition of the USR. An oil
and gas compressor facility (approved under 1M USR18-17-0023 is located to the further to
the south adjacent to County Road 44 and County Road 49.
The nearest single-family residences are located approximately 260 -feet to the southwest
(across County Road 49) and approximately 760 -feet to the north (across County Road 46).
No phone calls or correspondence has been received from surrounding property owners in
regard to this case.
The applicant is requesting to waive fencing/screening of this facility stating that the
equipment will still be visible over the screening fence and screening of the facility may
encourage theft and malicious activity. The applicant has reached out to a number of
neighbors regarding screening (a majority have signed off on no screening). No additional
comments have been received from the nearest property owner to the southwest. Given the
nature of the use (storage) the Department of Planning Services has attached a condition of
approval requiring screening of the facility. At a minimum staff requests that the facility, be
RESOLUTION USR20-0024
ENSIGN UNITED STATES DRILLING INC
PAGE 3
screened from County Road 49 and along a portion of the south property line. A fence can
be constructed where the bottom 12 to 36 inches can be open (with a wire mesh) with a
minimum 6 -foot opaque fence on the top. This will allow personnel and offices to see into the
site. Also, the site is adjacent to and visible to the existing Ensign facility to the north
(approved under MUSR12-0010).
The Conditions of Approval require that the applicant a Landscaping/Screening Plan, a
Lighting Plan and a Final Drainage Plan. The Development Standards and Conditions of
Approval will assist in mitigating the impacts of the facility on the adjacent properties and
ensure compatibility with surrounding land uses and the region.
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 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 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the
Weld County Code.
The property is not within the Geologic Hazard Overlay District, MS4 - Municipal Separate
Storm Sewer System area, Historic Townsite Overlay District or Special Flood Hazard Area.
The property is located within the boundaries of the Airport Overlay District. The Greeley
Weld County Airport Authority was provided a referral and has not provided a response
regarding to this case.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program. Building Permits issued on the proposed lot will be
required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee
Programs.
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 facility is not located on prime agricultural land. The proposed facility is located on
approximately 9.442 acres delineated as "Other" per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. Historic use of the site has been for sporadic
storage of frac tanks since 2012.
G. Section 23 -2 -220.A.7 —There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
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 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 recommendation for approval is conditional upon the following:
1. Prior to recording the map:
RESOLUTION USR20-0024
ENSIGN UNITED STATES DRILLING INC
PAGE 4
A. A Lighting Plan shall be submitted to and accepted by the Department of Planning Services.
(Department of Planning Services)
B. A Landscape and Screening Plan shall be submitted to and accepted by the Department of
Planning Services that screens the site from the Surrounding Property Owners and rights -of -
way. The Landscape and Screening Plan shall address screening from Weld County Highway
(County Road 49) and the nearest property owner to the southwest.(Department of Planning
Services)
C. Access onto County Road 49 (as previously shown on RECX12-0042) is no longer allowed.
The applicant shall apply for a new access permit onto County Road 46. (Department of
Planning Services/Public Works)
D. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR20-0024 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. The applicant shall delineate on the map the trash collection areas. Section 23-2-
240.A.13 of the Weld County Code addresses the issue of trash collection areas.
(Department of Planning Services)
5. The map shall delineate the landscaping and screening in accordance with the accepted
Landscape and Screening Plan. (Department of Planning Services)
6. The map shall delineate the onsite lighting in accordance with the accepted Lighting
Plan. (Department of Planning Services)
7. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division
2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of
Planning Services)
8. The map shall delineate the parking area for the vendors, customers and/or employees.
(Department of Planning Services)
9. County Road 46 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout.
The applicant shall delineate and label on the site map or plat the future and existing
right-of-way (along with the documents creating the existing right-of-way) and the
physical location of the road. All setbacks shall be measured from the edge of right-of-
way. This road is maintained by Weld County. (Department of Public Works)
10. The County Highway (County Road 49) is designated on the Weld County Functional
Classification Map as an arterial road which typically requires 140 feet of right-of-way at
full build out. The alignment of the road widening project varies along the section line for
the corridor. Contact Public Works for the location of the existing and future right-of-way
and easements and delineate these on the site plan. (Department of Public Works)
11. Show and label the approved access locations, approved access width and the
appropriate turning radii on the site plan. (Department of Public Works)
12. Show and label the accepted drainage water quality features. Labeling should specify
"No -Build" and include the calculated volume. (Department of Public Works)
RESOLUTION USR20-0024
ENSIGN UNITED STATES DRILLING INC
PAGE 5
13. Show and label the drainage flow arrows. (Department of Public Works)
14. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services.
Upon approval of the map the applicant shall submit a Mylar map along with all other documentation
required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map
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. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map
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 be added for each
additional three (3) month period. (Department of Planning Services)
4. The Use by Special Review is not perfected until the Conditions of Approval are completed and the
map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the
property, until the Use by Special Review map 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.
(Department of Planning Services)
Motion seconded by Lonnie Ford.
VOTE:
For Passage
Tom Cope
Lonnie Ford
Elijah Hatch
Skip Holland
Butch White
Against Passage
Absent
Gene Stille
Dwaine Barclay
Sam Gluck
Troy Mellon
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, 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 December 15, 2020.
Dated the 15'" of December, 2020
Kristine Ranslem
Secretary
RESOLUTION USR20-0024
ENSIGN UNITED STATES DRILLING INC
PAGE 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Ensign United States Drilling, Inc.
USR20-0024
1. A Site Specific Development Plan and Use by Special Review Permit for an Oil and Gas Support and
Service Facility for Parking and maintenance of exploration, production or workover equipment (Outside
Storage of Oil and Gas Vehicles and Equipment) in the A (Agricultural) Zone District, USR20-0024,
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 hours of operation are Twenty -Four (24) Hours a Day, Seven (7) days a week. (Department of
Planning Services)
4. Any equipment over thirty (30) feet in height shall be stored horizontally. (Department of Planning
Services)
5. The parking area on the site shall be maintained. (Department of Planning Services)
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. (Department of Planning Services)
7. The landscaping and screening on the site shall be maintained in accordance with the accepted
Landscape and Screening Plan. Dead or diseased plant materials shall be replaced with materials of
similar quantity and quality at the earliest possible time. (Department of Planning Services)
8. This site is located within the Airport Overlay District. (Department of Planning Services)
9. No access shall be allowed onto County Road 49.
10. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to
Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works)
11. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an
approved Right -of -Way Use Permit prior to commencement. (Department of Public Works)
12. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
13. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
14. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 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. (Dept of Environmental Health)
15. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes
specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities
Act, 30-20-100.5, C.R.S. (Dept of Environmental Health)
16. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate
in accordance with Chapter 14, Article 1 of the Weld County Code. (Dept of Environmental Health)
RESOLUTION USR20-0024
ENSIGN UNITED STATES DRILLING INC
PAGE 7
17. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the
Colorado Air Quality Commission's air quality regulations and the accepted dust abatement plan. (Dept of
Environmental Health)
18. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and patrons, at all
times. The adjacent parcel to the north (p/n 105318200015) owned by Ensign United States Drilling, Inc.,
can be utilized for sanitary accommodations providing the property is owned or rented by the applicant.
Otherwise a portable toilet is required for this facility. (Dept of Environmental Health)
19. For employees or contractors on site for less than 2 consecutive hours a day, and 2 or less full-time
employees on site, portable toilets and 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, contain hand sanitizers and be screened from existing adjacent residential
properties and public rights -of -way. (Dept of Environmental Health)
20. The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code. (Dept of Environmental Health)
21. Lighting shall be maintained in accordance with the accepted Lighting Plan (Department of Planning
Services)
22. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties.
Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in
accordance with the map. 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. (Department of Planning Services)
23. Building permits shall be required for any new construction or set up manufactured structure, per Section
29-3-10 of the Weld County Code. A building permit application must be completed and submitted.
Buildings and structures shall conform to the requirements of the various codes adopted at the time of
permit application. Currently, the following have been adopted by Weld County: 2018 International
Building Codes; 2018 International Residential Code; 2006 International Energy Code; 2017 National
Electrical Code; and Chapter 29 of the Weld County Code. A plan review shall be approved, and a permit
must be issued prior to the start of construction. (Department of Building Inspection)
24. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code. (Department of Planning Services)
25. 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 with the Conditions of Approval and Development
Standards stated herein and all applicable Weld County regulations. (Department of Planning Services)
26. 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. (Department of Planning Services)
27. 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)
RESOLUTION USR20-0024
ENSIGN UNITED STATES DRILLING INC
PAGE 8
28. Construction or USE pursuant to approval of a Use by Special Review Permit shall be commenced within
three (3) years from the date of approval, unless otherwise specified by the Board of County
Commissioners when issuing the original Permit, or the Permit shall be vacated. The Director of Planning
Services may grant an extension of time, for good cause shown, upon a written request by the landowner.
(Department of Planning Services)
29. A Use by Special Review shall terminate when the USE is discontinued for a period of three (3)
consecutive years, the USE of the land changes or the time period established by the Board of County
Commissioners through the approval process expires. The landowner may notify the Department of
Planning Services of a termination of the USE, or Planning Services staff may observe that the USE has
been terminated. When either the Department of Planning Services is notified by the landowner, or when
the Department of Planning Services observes that the USE may have been terminated, the Planner shall
send certified written notice to the landowner asking that the landowner request to vacate the Use by
Special Review Permit. (Department of Planning Services)
30. 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.
31. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers
to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on
rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement,
silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities;
shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not
be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
RESOLUTION USR20-0024
ENSIGN UNITED STATES DRILLING INC
PAGE 9
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their
jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed,
will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that
roads from subdivisions to arterials may not be cleared for several days after a major snowstorm.
Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must,
by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood.
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EXHIBIT
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, December 15, 2020
usaao -®Oa
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Elijah Hatch, at 12:30 pm.
Roll Call.
Present: Tom Cope, Lonnie Ford, Elijah Hatch, Skip Holland, Butch White.
Absent: Gene Stille, Dwaine Barclay, Sam Gluck, Troy Mellon.
Also Present: Chris Gathman, Angela Snyder, and Maxwell Nader, Department of Planning Services;
Lauren Light, Department of Health; Melissa King, and Zack Roberson, Department of Public Works; Bob
Choate, County Attorney, and Kris Ranslem, Secretary.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR20-0024
ENSIGN UNITED STATES DRILLING INC
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY (OUTSIDE
STORAGE OF OIL AND GAS VEHICLES AND EQUIPMENT) IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LOT A REC EXEMPT RECX12-0042, PART NW4 SECTION 18, T4N, R64W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
EAST OF AND ADJACENT TO CR 49 AND IS APPROXIMATELY 700 -FEET
SOUTH OF CR 46.
Chris Gathman, Planning Services, presented Case USR20-0024, reading the recommendation and
comments into the record. Mr. Gathman noted that Staff added Condition of Approval 1.C in regard to
access onto County Road 49. He stated that originally when this Recorded Exemption was done, the
access was proposed to be shared onto County Road 49 and this was before the county highway project.
He added that it is not a possibility to access directly onto County Road 49 anymore; therefore, with this
condition of approval Staff has stated that access onto County Road 49, as previously shown on the
Recorded Exemption, is no longer allowed. The applicant shall apply for a new access permit onto County
Road 46.
Mr. Gathman stated that the applicant is requesting that no screening of the site be required and has
contacted nearby surrounding property owners for their input regarding whether or not screening should be
required. These responses have been included in the application material. He added that Staff has
attached a condition of approval requiring screening based on this being an outside storage use of industrial
type equipment and also due to the proximity to County Road 49.
Mr. Gathman noted that no correspondence or phone calls have been received from surrounding property
owners for this case. The Department of Planning Services recommends approval of this application with
the attached conditions of approval and development standards.
Commissioner Holland asked if this site is contiguous with other Ensign properties. Mr. Gathman replied
that it is and added that this property is directly adjacent to the property to the north owned by Ensign as
well.
Melissa King, Public Works, reported on the existing traffic, access to the site and drainage conditions for
the site.
Commissioner Cope referred to the comment that if the properties were to be sold in the future, they would
have to have two separate accesses. Ms. King said that currently the accesses are not separate and they
have permitted access points onto County Road 46. She added that the easement across the property
would not be an issue at this point Mr. Gathman said that the issue is that there is no way to establish an
easement across property from one property you own to another property you own. Therefore, Staff was
1
looking at what happens if this property would be sold. He said that this condition would address this issue
so that it is on record that the access permit is designated to access the property to the south.
Sam Gluck entered the meeting at 1:00 p.m.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Commissioner Ford said that it appears it is a landlocked property and added that although the applicant
owns both properties it seems that there should be an easement otherwise it is an illegal lot. Mr. Gathman
said that technically it is a legal lot because it is a recorded exemption. He said that the issue is that at the
time of the recorded exemption an access was established on County Road 49. However back then the
County Road 49 project didn't exist and although the properties border county road right-of-way, they
cannot get access onto County Road 49 now.
Bob Choate, County Attorney, said that they can allow access since they own both parcels. He added that
it comes down to what is good planning for the future. County Road 49 is the only designated county
highway and Public Works is not going to give anymore accesses; therefore, as a condition of approval
they need to change their access to County Road 46. He said that you can't grant an easement to yourself
unless its on a plat; therefore, they added this condition. He added that they can reserve themselves an
easement if they ever sell one of the two parcels and it takes care of itself.
Michael McDaniel, Ensign, 3400 Woodcock Street, Berthoud, Colorado, provided a brief explanation of the
criteria that they are required to meet. He said that the location is surrounded by a heavy use of oil and
gas infrastructure. He added that on the elevation plan there is a 13 -foot elevation difference from the west
side to the east side along the county road. Mr. McDaniel referred to the required screening and added
that with the elevation differences the county road is also higher than the actual property. He said that
according the Draft Resolution it is requiring at least a 6 -foot fence with a one to three-foot clear span
underneath. Mr. McDaniel stated that it is their opinion that even with this requirement that this would be
hard to accomplish with a screen wall as you would still be able to see over it. He added that by having the
fence it could lead to unruly activity since there is no lighting on site and added that there is not 24 -hour
staff on site and utilized only during the day. Mr. Mc Daniel stated that they have done some outreach to
the neighbors in the area and submitted that outreach for the record.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Commissioner Cope asked what type of fence they are proposing. Mr. McDaniel said with the wind it would
probably be a metal privacy screen with chicken wire underneath. However, they are requesting that a
fence would not be required. Mr. Cope said that it does seem like it requires screening, whether it is fence
or trees, but asked Staff for their thoughts. Mr. McDaniel said that they provided examples along County
Road 49 that have the same storage material and infrastructure and do not have screening walls. Mr. Cope
said that it may have been prior to the upgrade of County Road 49.
Commissioner Holland asked how tall the frac tanks are along the county road. Mr. McDaniel said that they
are 10 feet high. Mr. Holland asked Staff how important the screening is. Mr. Gathman said it is important
as it is a storage yard. He added that regardless of other USRs in the area, he believes the screening
should be here. Mr. Holland asked if it would be acceptable to build a berm and put some reasonable fence
on top of a berm. Mr. Gathman said that they are not prescriptive about screening and could do berming
but not sure if grading would be affected. Mr. McDaniel said that they are putting drainage in that goes
above and beyond the drainage criteria. They only request a variance for the screen wall. Mr. Holland
believes that we should be consistent with the screening but understands that the screening won't hide the
frac tanks.
Commissioner Ford said that he lives along County Road 49 and he drives by this every day and said that
these blue containers are kind of a screen already as you can't see behind them. He somewhat agrees
with the applicant that putting a fence isn't going to hide the tanks unless you put up a 15 -foot wall.
2
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR20-0024 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Butch White, Seconded by Lonnie Ford.
Vote: Motion carried by unanimous roll call vote {summary: Yes = 5}.
Yes: Butch White, Elijah Hatch, Lonnie Ford, Skip Holland, Tom Cope.
Meeting adjourned at 2:22 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
3
ATTENDANCE RECORD
NAME - PLEASE PRINT LEGIBLY
ADDRESS
EMAIL
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