HomeMy WebLinkAbout20211393.tiffPlanner:
Michael Hall
Case Number: USR21-0005
USE BY SPECIAL REVIEW PERMIT
STAFF COMMENTS
Hearing Date: May 18, 2021
Owner: Cannon Land Company do Patrick Cannon
3333 S. Wadsworth Blvd, Suite D-208, Lakewood, CO 80227
Applicant: Certarus (USA) Ltd. do Mark Wills
750 Town and Country Blvd, Suite 175, Houston, TX 77024
Representative: Baseline Engineering Corporation do Jessie Stonberg
112 N. Rubey Drive, Suite 210, Golden, CO 80403
Request: A Site Specific Development Plan and Use by Special Review Permit for oil and gas
support and service, specifically midstream activities (compressed natural gas (CNG) fill
station) outside of subdivisions and historic townsites in the A (Agricultural) Zone District.
Legal Subdivision Exemption SUBX15-0037; being part of the E2 and the N2NW4 of Section 10,
Description: 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
Acreage: Parcel boundary: +1- 400 acres Parcel No. 1309-10-0-00-006
USR boundary: +1- 10 acres
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
• City of Fort Lupton, referral dated February 22, 2021
• Kerr McGee Gathering, LLC, referral dated February 16, 2021
• Colorado Division of Water Resources, referral dated February 4, 2021
• Platteville-Gilcrest Fire Protection District, referral dated February 2, 2021
• Weld County Department of Public Works, referral dated February 3, 2021
• Weld County Oil and Gas Energy Department, referral dated February 26, 2021
• Weld County Office of Emergency Management, referral dated February 2, 2021
• Colorado Department of Public Health and Environment, referral dated February 5, 2021
• Weld County Department of Public Health and Environment, referral dated February 17, 2021
• Weld County Department Planning Services - Building Inspection, referral dated April 27, 2021
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
• Weld County Sheriff's Office, referral dated March 1, 2021
• Colorado Parks and Wildlife, referral dated February 1, 2021
• Weld County Zoning Compliance, referral dated February 1, 2021
• Weld County School District RE -8, referral dated February 2, 2021
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Page 1 of 13
The Department of Planning Services' staff has not received responses from the following agencies:
• Town of Platteville
• Kinder Morgan, Inc.
• Cannon Land Company
• Weld County Assessor's Office
• Platte Valley Conservation District
• Colorado Interstate Gas Company, LLC
CASE SUMMARY:
The applicant, Certarus (USA) Ltd., is requesting a Site Specific Development Plan and Use by Special
Review (USR) Permit for oil and gas support and service, specifically midstream activities being a
compressed natural gas (CNG) fill station. This CNG fill station facility is currently permitted under Use by
Special Review Permit No. USR15-0077, which was approved by the Board of County Commissioners
Resolution on March 9, 2016, signed March 21, 2016 and the USR map was recorded on June 3, 2016,
per reception # 4208711. However, the request language for USR15-0077 was for any use permitted as a
Use by Right, Accessory Use, or a Use by Special Review in the Commercial or Industrial zone districts
provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or
plan filed prior to adoption of any regulations in the A (Agricultural) Zone District; previously allowed by
Section 23-3-40.S prior to Ordinance 2019-02.
Following Ordinance 2019-02, effective July 25, 2019, the former Section 23-3-40.S was removed as a
permittable USR from the Weld County Code. Previous USRs that are permitted under this former Code
Section as commercial or industrial uses in the Agricultural Zone District are allowed to continue to
operate but are not able to be expanded. As this facility has a proposed an expansion, it cannot be
permitted under an amendment to USR15-0077. However, this facility can be classified as a USR for oil
and gas support and service, which is still a permittable use in the A (Agricultural) Zone District per
Section 23-3-40.W of the current Weld County Code. As a result, USR21-0005 will replace and re -permit
the CNG fill station including the requested expansion items and USR15-0077 will be completely vacated
as a condition of approval of USR21-0005.
Certarus (USA) Ltd., being the operator of the CNG fill station, leases the facility from the underlying
property owner, Cannon Land Company. USR21-0005 will be located on the same ten (10) acre
temporary leasehold parcel as USR15-0077, defined by SUBX15-0037, recorded May 18, 2016,
reception # 4204619. No changes to the lease area or Subdivision Exemption are proposed.
Certarus operates as a virtual pipeline company that sells compressed natural gas, whereas the subject
CNG fill station is used to receive compressed natural gas from a nearby Kerr McGee Gathering twenty-
four (24) inch pipeline permitted by MUSR14-0022, which is then stored and loaded into pressurized
trailers for delivery to off -site locations, primarily for multiple large volume customers in the oil and gas
industry. This facility is not open to the public and does not operate as an end -user fueling station. Only
Certarus employees will access the site.
The previous USR15-0077 did not permit any full-time employees. The proposed USR21-0005 will permit
up to twenty (20) full-time employees at any given time and will host approximately twenty-five (25) truck
drivers. As such, bottled water and portable toilets will no longer be acceptable. As the facility will now
operate as manned, the property is proposed to be served by a commercial water well and on -site
wastewater treatment system (OWTS). An OWTS Soil Evaluation and Design Report was submitted with
the application materials. The facility expansion includes the addition of a 6,100 square foot building to
contain storage space, a machine shop, break room and offices, a new electric compressor and MCC
building. Other existing and proposed on -site improvements include an include compressor, inlet skid, fill
stations posts and pumps, concrete pad, storage shed, workshop container, pre -built office, freshwater
tank, portable flare stack, and electrical panels, pedestals and transformers.
The facility operates twenty-four (24) hours per day, seven (7) days per week, year round. Typical active
hours of operation are during daylight hours. There is an existing controlled access gate. There has been
construction of on -site structures without building permit approval or permits have expired. The applicant
shall obtain appropriate building permits as needed. An existing six (6) foot tall chain link fence with a two
(2) foot angled barbwire extension surrounds the facility, which is proposed to be expanded to match the
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limits of the lease land. Existing pole -mounted yard lights will remain on the property. No additional
landscaping or screening are proposed. The access point to the site with double cattle guards will remain
unchanged.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are compliant with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff 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 [Weld County
Comprehensive Plan] and any other applicable code provisions or ordinance in effect.
Section 22-2-40.A.5 of the Weld County Code states: "Encourage agglomeration economies
of synergistic businesses."
This immediate area within Weld County along County Road 22 contains a concentrated hub
of oil and gas oriented businesses and operations including oil and gas processing facilities,
midstream facilities, support facilities, pipeline corridors and interconnects and production
facilities. The location of the subject CNG fill station among this cluster of similar businesses
is preferred in that when possible, industrial land uses, including oil and gas facilities are
grouped in order to limit sprawl of such uses and whereas such businesses may also
proximally benefit from one another.
Section 22-2-60.B.3. states: "Require that energy and mineral resource development
conserve the land and minimize the impact on surrounding land and the existing surrounding
land uses."
Weld County recognizes that the oil and gas support and service industries are an essential
component of energy and mineral resource development and the economy. However, such
developments shall have a minimal impact on the citizens and land of the County. The
subject CNG fill station is located in an area that does not impact surrounding land uses or
agricultural activities as the facility is existing and is limited to a small subdivision exemption
lot, located in the southern portion of a large parcel of non -irrigated rangeland, which is
encumbered only by oil and gas production facilities and midstream infrastructure.
Additionally, this facility is located adjacent to a permitted and constructed pipeline which is
integral to the siting of a CNG fill station.
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. — Intent, 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."
This code section supports the purpose of the CNG fill station facility, which is directly related
to energy development as the CNG fill station provides an alternative fuel source for oil and
gas drilling operations, at reduced cost and emissions compared to diesel fuel.
Section 23-3-40.W. — Uses by special review, of the Weld County Code includes, "oil and gas
support and service".
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This code section allows the applicant to apply for the subject CNG fill station, which directly
supports the oil and gas industry. Per Section 23-1-90 of the Weld County Code "oil and gas
support and services' allows for: "Midstream activities including the processing, storing,
transporting and marketing of oil, natural gas and natural gas liquids." This facility receives
compressed natural gas from an adjacent pipeline and transports this fuel via pressurized
trucks to oil and gas industry customers.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent lands are zoned A (Agricultural). The surrounding land uses consist of oil and
gas facilities and encumbrances, production agriculture, and limited rural residences. The
closest residence is approximately 4,100 feet west of the facility. There are numerous USRs
within one (1) mile of the site including: USR16-0044 (field office), USR15-0003 (roustabout
business), USR-1758 (oil and gas support facility), USR-1317 (parking and repair of
vehicles), 2AM SUP -211 (compressor station), MUSR12-0006 (oil and gas support facility),
MUSR14-0010 (mineral resource development facility), 3AM USR-1002 (natural gas
processing facility), USR12-0023 (cryogenic plant), USR12-0033 (transmission line), USR14-
0067 (substation and transmission line), 1MUSR18-12-0074 (pump station and gas pipeline)
USR12-0050, MUSR14-0022, USR17-0015, USR18-0077, (gas pipelines).
Weld County Department of Planning Services staff sent notice to two (2) surrounding
property owners within 500 feet of the proposed USR boundary. No written correspondence
or telephone calls were received. Cannon Land, being the underlying property owner also
owns the majority of adjacent parcels of land.
Due to the rural and similar surrounding land uses and the limited adjacent property
ownership, this facility appears to be compatible with the area. Additionally, this facility by
nature, must be located immediately adjacent to the existing pipeline.
D. Section 23-2-220.A.4 -- That the uses which would 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 this Code or master plans of affected
municipalities.
This site is located within both the City of Fort Lupton and Town of Platteville Coordinated
Planning Agreement boundaries. Fort Lupton and Platteville returned Notice of Inquiry forms
dated December 17, 2020 and December 14, 2020, respectively. Fort Lupton requested the
opportunity to discuss annexation. For reference, the closest Fort Lupton municipal limits are
approximately 2.75 miles to the west. Platteville indicated no concerns and did not wish to
annex the parcel.
The site is located within the three (3) mile municipal referral radius of the City of Fort Lupton
and Town of Platteville. The Fort Lupton referral, dated February 22, 2021, provided future
right-of-way information; no concerns were identified. Platteville did not return a referral
response.
E. Section 23-2-220.A.5 -- That the application complies with Articles V and XI of this Chapter if
the proposal is located within an overlay zoning district or a special flood hazard area
identified by maps officially adopted by the county.
The proposed facility is not located within a Special Flood Hazard Area, Municipal Separate
Storm Sewer System (MS4) area, Greeley -Weld County Airport Overlay District, Geologic
Hazard Overlay District or Historic Townsite Overlay District.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program, County Facility Fee and Drainage Impact Fee
Programs.
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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 located on approximately ten (10) acres primary designated as "Farmlands of
Local Importance", with a minor portion designated as "Not Prime Farmland". The property is
not currently irrigated and the CNG fill station is already existing. Therefore, no agricultural
land will be impacted by this USR request.
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.
Those agency referral responses, which contained comments, provide additional advisory
information and conditions regarding designing and operating the site to protect with the
interests of the County, public and other governmental agencies.
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 DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDATION FOR APPROVAL IS
CONDITIONAL UPON THE FOLLOWING:
1. Prior to recording the map:
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. (Department of Planning Services)
B. The applicant shall address the referral comments of the Weld County Department of
Planning Services - Building Inspection, as stated in the referral response dated April 27,
2021. The applicant shall properly permit all unpermitted structures on -site as detailed in the
referral including any other qualifying improvements that are not detailed in the referral.
Evidence that all structures are permitted shall be submitted in writing to the Weld County
Department of Planning Services. (Department of Planning Services)
C. The applicant shall acknowledge the advisory referral comments of the Platteville-Gilcrest
Fire Protection District, as stated in the referral response dated February 2, 2021. Evidence
of such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
D. The applicant shall acknowledge the advisory referral comments of the Colorado Division of
Water Resources, as stated in the referral response dated February 4, 2021. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
E. The applicant shall acknowledge the advisory referral comments of the Colorado Department
of Public Health and Environment, as stated in the referral response dated February 5, 2021.
Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services. (Department of Planning Services)
F. The applicant shall acknowledge the advisory referral comments of Kerr McGee Gathering,
LLC, as stated in the referral response dated February 16, 2021. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
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G. The applicant shall acknowledge the advisory referral comments of the Weld County Oil and
Gas Energy Department, as stated in the referral response dated February 26, 2021.
Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services. (Department of Planning Services)
H. The applicant shall submit written evidence from the Colorado Division of Water Resources,
demonstrating that the well is appropriately permitted for the commercial use. (Department of
Public Health and Environment)
I. An On -Site Wastewater Treatment system is required for the proposed facility and shall be
installed according to the Weld County On -Site Wastewater Treatment System (OWTS)
Regulations. (Department of Public Health and Environment)
J. An Improvements and Road Maintenance Agreement is required at this location. Road
maintenance includes, but is not limited to, dust control, damage repair to specified haul
routes, and triggered off -site improvements. (Department of Public Works)
K. A Final Drainage Report and Certification of Compliance stamped and signed by a
Professional Engineer registered in the State of Colorado is required. (Department of Public
Works)
L. An updated Traffic Letter, that addresses construction traffic, is required. (Department of
Public Works)
M. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR21-0005. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4) Show and label any existing and proposed structures, skids, work trailers, equipment,
conex containers (limited to two (2) per Section 23-3-30.B of the Weld County Code),
storage areas and miscellaneous improvements. (Department of Planning Services)
5) Show and label any on -site oil and gas pipeline infrastructure and appurtenances,
including the interconnect to the pipeline that supplies CNG to the facility.
(Department of Planning Services)
6) Show and label the location of any fencing and gates. Include specification details on
the USR map. Refer to Section 23-2-240.A.10. of the Weld County Code.
(Department of Planning Services)
7) Show and label the location of any emergency and site identification signage. Include
sign specification details on the USR map. Refer to Section 23-2-240.A.12, Chapter
23, Article IV, Division 2, and Appendices 23-C, 23-D and 23-E of the Weld County
Code. Signs shall adhere to the Weld County unless otherwise permitted by this
USR. (Department of Planning Services)
8) Show and label the location of the trash collection areas. Include specification details
on the USR map. Refer to Section 23-2-240.A.13. of the Weld County Code for
design criteria. (Department of Planning Services)
9) Show and label any on -site lighting. All lighting shall be downcast and shielded so
that light rays will not shine directly onto adjacent properties. Include lighting
specification details on the USR map. Refer to Section 23-2-250.D. of the Weld
County Code for design criteria. (Department of Planning Services)
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10) Show and label the on -site employee and truck parking areas with surface type and
stall dimensions. Refer to Section 23-2-240.A.6. and Chapter 23, Article IV, Division 1
of the Weld County Code for design criteria. (Department of Planning Services)
11) Show and label the setback radiuses for existing oil and gas tank batteries and
wellheads, if applicable. Setback requirements are located in Section 23-3-70.E. of
the Weld County Code. (Department of Planning Services)
12) Show and label all recorded easements and rights -of -way on the map by book and
page number or reception number and recording date. (Department of Planning
Services)
13) County Road 22 is likely to be an arterial in the City of Fort Lupton future
Transportation Plan, requiring a future right-of-way width of 110 -feet (55 -feet either
side of section line). Show and label anticipated future right-of-way per the City of
Fort Lupton referral, but do not reserve or dedicate the right-of-way. (City of Fort
Lupton)
14) County Road 22 is a paved road and is designated on the Weld County Functional
Classification Map as an arterial road which requires 140 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)
15) Show and label the approved access location, approved access width and the
appropriate turning radii on the site plan. (Department of Public Works)
16) Show and label the approved tracking control on the site plan. (Department of Public
Works)
17) Show and label the entrance gate if applicable. An access approach that is gated
shall be designed so that the longest vehicle (including trailers) using the access can
completely clear the traveled way when the gate is closed. In no event, shall the
distance from the gate to the edge of the traveled surface be less than 35 feet.
(Department of Public Works)
18) Show and label the accepted drainage features. Stormwater ponds should be labeled
as "Stormwater Detention, No -Build or Storage Area" and shall include the calculated
volume. (Department of Public Works)
19) Show and label the drainage flow arrows. (Department of Public Works)
20) 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 added
for each additional three (3) month period. (Department of Planning Services)
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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)
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
6. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the Weld County
Office of Emergency Management and the Platteville-Gilcrest Fire Protection 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 Weld
County Department of Planning Services. (Office of Emergency Management)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Certarus (USA) Ltd.
U SR21-0005
1. A Site Specific Development Plan and Use by Special Review, USR21-0005, for oil and gas
support and service, specifically midstream activities (compressed natural gas (CNG) fill station)
outside of subdivisions and historic townsites in the A (Agricultural) Zone District subject to the
Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The facility will operate 24 hours per day, year round, according to the application materials.
(Department of Planning Services)
4. The maximum number of on -site full-time employees at any given time is twenty (20), not
including transitory truck drivers as requested in the application materials. (Department of
Planning Services)
5. The existing and proposed fencing shall be maintained. (Department of Planning Services)
6. All signs shall adhere to Section 23-2-240.A.12, Chapter 23, Article IV, Division 2 and Appendices
23-C, 23-D and 23-E of the Weld County Code or as other permitted by this USR. (Department of
Planning Services)
7. 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. (Department of
Planning Services)
8. 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 of the Fire
District and the Weld County Office of Emergency Management to the Department of Planning
Services. (Department of Planning Services)
9. 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. (Department of Public Health and Environment)
10. 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. (Department of Public Health and Environment)
11. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. The facility shall operate in accordance
with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and
Environment)
12. 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. (Department of Public Health
and Environment)
13. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
Application and obtain a permit from the Air Pollution Control Division, Colorado Department of
Public Health and Environment, as applicable. (Department of Public Health and Environment)
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14. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons
of the facility, at all times. As employees or contractors are on site for less than 2 consecutive
hours a day 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, shall contain hand sanitizers and be screened
from the public right of way and neighboring properties. (Department of Public Health and
Environment)
15. Any septic system located on the property must comply with all provisions of the Weld County
Code, pertaining to On -site Wastewater Treatment Systems. A permanent, adequate water
supply shall be provided for drinking and sanitary purposes. (Department of Public Health and
Environment)
16. All potentially hazardous chemicals on -site must be handled in a safe manner in accordance with
product labeling. All chemicals must be stored secure, on an impervious surface, and in
accordance with manufacturer's recommendations. (Department of Public Health and
Environment)
17. As applicable, secondary containment shall be constructed around tanks to provide containment
for the largest single tank and sufficient freeboard to contain precipitation. Secondary
containment shall be sufficiently impervious to contain any spilled or released material.
Secondary containment devices shall be inspected at regular intervals and maintained in good
condition. All secondary containment will comply with the Colorado Oil and Gas Conservation
(COGCC) Commission Rules and/or the provisions of the State Underground and Above Ground
Storage Tank Regulations. (Department of Public Health and Environment)
18. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and
hauled off for proper disposal. Records of installation, maintenance, and proper disposal shall be
retained. (Department of Public Health and Environment)
19. As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in accordance with
the applicable provisions of 40 CFR, Part 112, shall be available. (Department of Public Health
and Environment)
20. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur. (Department of Public Health and Environment)
21. Any contaminated soils on the facility shall be removed, treated or disposed of in accordance with
all applicable rules and regulations. All spills will be reported to local, state and federal agencies
in accordance with all state and federal regulations. (Department of Public Health and
Environment)
22. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the
Colorado Department of Public Health and Environment (CDPHE), Water Quality Control
Division, as applicable. (Department of Public Health and Environment)
23. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in
accordance with the Rules and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency. (Department of Public Health and Environment)
24. The facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial
Zone as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
25. The facility shall notify the County of any revocation and/or suspension of any State issued
permit. (Department of Public Health and Environment)
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26. The applicant shall notify the County upon receipt of any compliance advisory or other notice of
non-compliance of a State issues permit, and of the outcome or disposition of any such
compliance advisory or other notice of non-compliance. (Department of Public Health and
Environment)
27. The operation shall comply with all applicable rules and regulations of State and Federal
agencies and the Weld County Code. (Department of Public Health and Environment)
28. 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)
29. The access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off -site tracking. (Department of Public Works)
30. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
31. 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)
32. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
33. The Improvements Agreement for this site may be reviewed on an annual basis, including a site
visit and possible updates. (Department of Public Works)
34. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Public Works)
35. Weld County is not responsible for the maintenance of on -site drainage related features.
(Department of Public Works)
36. Building permits shall be required for any new construction or setup of a manufactured structure
(buildings and/or structures) 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 Chapter 29 of the Weld County Code, and the adopted codes at the time of
permit application. Currently, the following have been adopted by Weld County: 2018
International Building Codes; 2006 International Energy Conservation Code; 2017 National
Electrical Code. (Department of Building Inspection)
37. 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.
38. 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.
39. 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.
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40. Chapter 23, Article II, Section 23-2-290.A. states: "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."
41. Chapter 23, Article II, Section 23-2-290.B. states: "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."
42. Chapter 23, Article II, Section 23-2-290.D states: "In such cases where the Use by Special
Review has terminated but the landowner does not agree to request to vacate the Use by Special
Review Permit, a hearing shall be scheduled with the Board of County Commissioners to provide
the landowner an opportunity to request that the Use by Special Review Permit not be vacated,
for good cause shown. The landowner shall be notified at least ten (10) days prior to the hearing.
If the Board of County Commissioners determines that the Use by Special Review has terminated
and no good cause has been shown for continuing the permit, then the termination becomes final
and the Use by Special Review Permit is vacated."
43. 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 people 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.
44. 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
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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 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, sand burs, 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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April 19, 2021
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mhall@weldgov.com
PHONE: (970) 400-3528
FAX: (970) 304-6498
STONBERG JESSIE
112 N. RUBEY DRIVE, SUITE 210
GOLDEN, CO 80403
Subject: USR21-0005 - A Site Specific Development Plan and Use by Special Review Permit for oil
and gas support and service, specifically midstream activities (compressed natural gas (CNG) fill
station) outside of subdivisions and historic townsites in the A (Agricultural) Zoned District.
On parcel(s) of land described as:
SUBX15-0037 BEING A PART OF THE E2/N2NW4 SECTION 10, T2N, R66W of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on May 18, 2021 at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on June 2, 2021 at
10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150
O Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the
Weld County Planning Department with written certification indicating the above requirement has
been met.
A representative from the Department of Planning Services will be out to the property a minimum of
ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent
place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application
to the Weld County Planning Commission and will be included in the staff report one week prior to
the scheduled Planning Commission hearing. You may view the staff report at https://accela-
aca.co.weld.co.us/CitizenAccess
Res a-,fuIly,
Michael Hall
Planner
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