HomeMy WebLinkAbout20211392.tiff EXHIBIT
BEFORE THE WELD COUNTY , COLORADO , PLANNING COMMISSION U4-Sia-Zek _ 00OS
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Butch Wh te , 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 : USR21 - 0005
APPLICANT : CANNON LAND COMPANY , C / O CERTARUS ( USA ) , LTD
PLANNER : MICHAEL HALL
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 ) ZONED DISTRICT .
LEGAL DESCRIPTION : SUBX15 - 0037 , BEING A PART OF THE E2 / N2NW4 SECTION 10 , T2N , R66W OF
THE 6TH P . M . , WELD COUNTY , COLORADO .
LOCATION : NORTH OF AND ADJACENT TO CR 22 ; APPROX 0 . 7 MILES EAST OF CR 3t
be recommended favorably to the Board of County Commissioners 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 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 [ 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
o il 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 pcssible , industrial land uses , including oil and gas facilities are grouped in
o rder to limit sprawl of such uses and whereas such businesses may also proximally benefit from
o ne ancther .
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
u ncontrolled 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
RESOLUTION USR21 - 0005
CANNON LAND COMPANY , C / O CERTARUS ( USA ) , LTD
PAGE 2
for natural resource extraction and energy development , without the interference of other ,
incompatible and uses . "
This code section supports the purpose of the CNC 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 " .
This code section allows the applicant to apply for the subject CNC 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 service " 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 and 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 ) , 1 MUSR18 - 12 - 0074 ( pump station and gas pipeline ) USR12 - 0050 , MUSR14 - 0022 , USR17 -
0015 , USR 18 - 0077 , ( gas pipelines ) .
Weld County Department of Planning Services staff sent notice to two ( 2 ) surrounding property
owners within 500 feet of the proposed U S R boundary . No written correspondence or telephone
calls were received . Cannon Land , being the underlying property owner also owns the majority of
adjacent parcels of and .
Due to the rural and similar surrounding and 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 farms
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 .
RESOLUTION USR21 - 0005
CANNON LAND COMPANY , CiO CERTARUS ( USA ) , LTD
PAGE 3
E . Section 23 - 2 - 220 . A . 5 - - That the application complies with Articles V and ail 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 ( M S4 ) area , Greeley - We d County Airport Overlay District , G eolog i c
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 .
F . Section 23 - 2 - 220 . A . 5 - - The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the location al decision for the proposed use .
The facility is located an 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 CNC fill station is already existing . Therefore , no agricultural land will
be impacted by this USR request .
C . 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 Planning Commission 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 .
U SR15 - 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
S ervices - 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
S ervices . ( Department of Planning Services )
C . The applicant shall acknowledge the advisory referral comments of the Platteville - Cilcrest Fire
P rotection 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
RESOLUTION USR21 - 0005
CANNON LAND COMPANY , CiO CERTARUS ( USA ) , LTD
PAGE 4
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
P ublic Health and Environment , as stated in the referral response dated February 6 , 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 Derr 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
S ervices )
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
P ublic Health and Environment )
I . An Can - 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 - 0006 . ( 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 } Shaw and label any existing and proposed structures , skids , work trailers , equipment ,
can ex containers ( I imited to two ( 2 ) per Section 23 - 3 - 30 . B of the Weld County Cade ) ,
storage areas and miscellaneous improvements . ( Department of Planning Services )
6 } Shaw and label any an - site ail and gas pipeline infrastructure and appurtenances ,
including the interconnect to the pipe line that supplies CNG to the facility . ( Department of
Planning Services )
6 } Shaw and label the location of any fencing and gates . Include spe cifi cation d eta ils an the
USR map . Refer to Section 23 - 2 - 240 . A . 10 . of the Weld County Code . ( Department of
Planning Services )
RESOLUTION USR21 - 0005
CANNON LAND COMPANY , C / O CERTARUS ( USA ) , LTD
PAGE 5
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 )
3 } Show and label the location of the trash collection areas . Include specification details on
the U S R map . Refer to Section 23 - 2 - 240 . A . 13 . of the Weld County Code for d esig n
criteria . ( Department of Planning Services )
g ) 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 )
10 ) Show and label the on - site employee and truck parking areas with surface type and stall
dimensions . Refer to Section 23 - 2 - 241A . 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 an 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
physica I location of the road . All setbacks shall be measured from the edge of right- of- way .
This road is maintained by geld 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 ( ncluding 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 )
13 } 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 )
1 g } 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
moues around the property . ( Department of Public Works )
RESOLUTION USR21 - 0005
CANNON LAND COMPANY , C / O CERTARUS ( USA ) , LTD
PAGE 6
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 )
4 . The Use by Special Review is not perfected un ti I the Conditions of Approval are comp eted 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 , acility 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 )
RESOLUTION USR21 - 0005
CANNON LAND COMPANY , CiO CERTARUS ( USA ) , LTD
PAGE T
Motion seconded by Lonnie Ford .
VOTE :
For Passage Against Passage Absent
Tom Cope
Gene Stille
Lonnie Ford
Elijah Hatch
Skip Holland
Dwaine Barclay
Sam Gluck
Butch White
Troy Mellon
The Chair d ecla red the resolution passed and ordered that a certifi ed copy be forwarded with the fil a 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 May 18 , 2021 .
Dated the 18th of May , 2021
461:66thei
Kristine Ranslem
Secretary
RESOLUTION USR21 - 0005
CANNON LAND COMPANY , C / O CERTARUS ( USA ) , LTD
PAGE S
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIE ' kl ' V PERMIT
DEVELOPMENT STANDARDS
Certarus ( USA ) Ltd .
USR21 - 0005
1 . A Site Specific Development Plan and Use by Special Review , USR21 - 0005 , for ail and gas support
and service , specifically midstream activities ( compressed natural gas ( CNC ) fill station ) outside of
subdivisions and historic tawnsites in the A ( Agricultural ) Zane 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 Cade . ( 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 I , 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 )
? . 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 Larch 15th of any given year signed by representatives of the ire 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 , 36 - 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 , stared , 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 Cade . ( Department of Public Health and Environment )
12 . Fugitive dust should attempt to be confined on the property . Uses an 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 )
RESOLUTION USR21 - 0005
CANNON LAND COMPANY , CiO CERTARUS ( USA ) , LTD
PAGE 9
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 comp y with all provisions of the Weld County Cade ,
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 )
18 . All potentially hazardous chemicals on - site must be handled in a safe manner in accordance with
product labeling . All chemicals must be stared 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 Gil 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 haul ed 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 ( CDPH E ) , Water Quality Control Division , as applicable .
( Department of Public Health and Environment )
28 . 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 - 1 g8 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 )
28 . 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 )
RESOLUTION USR21 - 0005
CANNON LAND COMPANY , CiO CERTARUS ( USA ) , LTD ►
PAGE 10
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 )
26 . The property owner or operator shall be responsible for controlling noxious weeds on the site , pursuant
to Chapter 16 , Article I and II , of the Weld County Code . ( Department of Public Works )
20 . 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 )
36 . 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 20 - 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 20 of the Weld County Code , and the adopted codes at the time of permit
application . Currently , the following have been adopted by Weld County ► : 2016 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 .
36 . 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 .
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 . "
RESOLUTION USR21 - 0005
CANNON LAND COMPANY , C / O CERTARUS ( USA ) , LTD
PAGE 11
41 . Chapter 23 , Artacle II , Sectaon 23 - 2 - 290 . B . states : " A ► Use by Specaal Review shall terminate when the
u se 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
S ervices staff may observe that the use has been terminated . When either the Department of Planning
S ervices is notified by the landowner , or when the Department of Planning Services observes that the
u se 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 Specaal 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 vita I resources because ( a ) the
state ' s commercaa I mineral deposits are essenta al 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 wadespread throughout the County and people moving into these areas
must recognaze the various ampacts associated with this development . Often times , maneral resource
sates are faxed to thear geographical and geophysical locations . Moreover , these resources are
protected property rights and mineral owners should be afforded the opportunly to extract the mineral
resource .
44 . WELD COU NTY ' S RIGHT TO FARM STATEMENT : Weld County as one of the most productive
agricultural counties in the United States , typically ranking an the top ten counties in the country an total
market value of agracultural 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 wath long - standang agricultural practices and a lower
level of services than an town . Along with the drawbacks come the ancentives 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 whach attract
u rban dwellers to rural Weld County wou Id quack y be gone forever .
Agricultural users of the and should not be expected to change thear long - established agricultural
practices to accommodate the antrusaons of urban users into a rural area . Well - run agracultural acivataes
wall generate off- sate impacts , including noise from tractors and equipment ; slow - moving farm vehicles
on rural roads ; dust from anamal pens , field work , harvest and gravel roads ; odor from animal
confinement , silage and manure ; smoke from ditch burnang ; flies and mosquitoes ; huntang 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 sprayang . It is common practice for agricultural producers to utilaze
an accumulation of agracultural machinery and supplies to assast an thear agracultural operations . A
concentration of mascellaneous agricultural materials often produces a visual disparity between rural
and urban areas of the County . Section 35 - 3 . 5 - 192 , C . R . S . , provades that an agricultural operation shall
n ot be found to be a public or private nuisance if the agricultural operation alleged to be a nuasance
employs methods or practaces that are commonly or reasonably associated with agracultural production .
RESOLUTION USR21 - 0005
CANNON LAND COMPANY , CiO CERTARUS ( USA ) , LTD ►
PAGE 12
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
ava i I able 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 ail 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 .
EXHIBIT
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING LLSCZa ` _ 000S
Tuesday , May 18 , 2021
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 : Butch White , Elijah Hatch , Gene Stille , Lonnie Ford , Sam Gluck , Skip Holland , Tom Cope .
Absent / Excused : Dwaine Barclay , Troy Mellon .
Also Present : Michael Hall and Maxwell Nader , Department of Planning Services ; Lauren Light and Ben
Frissell , Department of Health ; Melissa King and Zackery Roberson , Department of Public Works ; Bob
Choate , County Attorney , and Kris Ranslem , Secretary .
CASE NUMBER : USR21 - 0005
APPLICANT : CANNON LAND COMPANY , C / O CERTARUS , LTD
PLANNER : MICHAEL HALL
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 ) ZONED DISTRICT .
LOCATION : NORTH OF AND ADJACENT TO CR 22 ; APPROX 0 . 7 MILES EAST OF CR 31 .
Michael Hall , Planning Services , presented Case USR21 - 0005 , reading the recommendation and
comments into the record . Mr . Hall noted that no written correspondence or telephone calls were received
from surrounding property owners . The Department of Planning Services recommends approval of this
application along with conditions of approval and development standards .
Commissioner Holland asked if this site contains or utilizes any hazardous or toxic wastes in their
operations . Additionally , Mr . Holland asked if containment is needed for any of those wastes . Mr . Hall said
that he is not aware of any wastes that they need to have containment for .
Melissa King , Public Works , reported on the existing traffic , access to the site and drainage conditions for
the site .
Ben Frissell , Environmental Health , reviewed the public water and sanitary sewer requirements , on - site
dust control , and the Waste Handling Plan .
Mark Wills , 15759 CR 22 , Ft . Lupton , Colorado , stated that they want to construct a 50x100 maintenance
shop to work on equipment out of the elements . He added that there will be up to five ( 5 ) offices surrounding
the west and northwest perimeter of the building .
The Chair asked if there was anyone in the audience who wished to speak for or against this application .
No one wished to speak .
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 USR21 - 0005 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 = 7 ) .
Yes : Butch White , Elijah Hatch , Gene Stille , Lonnie Ford , Sam Gluck , Skip Holland , Tom Cope .
1
Meeting adjourned at 12:58 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
2
ATTENDANCE RECORD
NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL
John Doe 123 Nowhere Street, City, State, Zip
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