HomeMy WebLinkAbout20193291.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Tom Cope, 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 R19 -O019
CRESTONE PEAK RESOURCE HOLDINGS LLC
CHRIS LATH MAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OIL AND GAS SUPPORT AND SERVICE (STORAGE AND
STAGING YARD FOR. OIL AND GAS EQUIPMENT ALONG WITH AN EXISTING
OFFICE/SHOP BUILDING, EXISTING WELDING SHOP, EXISTING EQUIPMENT
STORAGE BUILDING, EXISTING FIELD MEASUREMENT AND CALIBRATION
BUILDING AND UP TO TWENTY-FIVE (25) CARGO CONTAINERS FOR
STORAGE OF VALVES, FITTINGS AND ELECTRICAL ITEMS) IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LOT B REC 1B-00083. PART SE4 SECTION 28, T1�I , R67W OF THE 6TH P.M,,
WELD COUNTY, COLORADO.
WEST OF AND ADJACENT TO CR 19 AND NORTH OF AND ADJACENT To CR 4.
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.
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 23-2-220A1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-5400.A (OG.Goa( 1) states, 'Promote the reasonable and orderly exploration and
development of oil and gas mineral resources,"
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 ensure compatibility with surrounding
land uses and the region.
The property borders the Dry Creek Regional Regional Urbanization Area (RUA) to the
west, north and east. These locations are identified as buffer areas on the Dry Creek RUA
ma
Chapter 26., Article IV, Section 26-4-90 B,.3 states: "Buffer development and oil and gas
operations areas: A landscape buffer should be employed for the outer fifty (50) feet of the
setback from an oil and gas well or operations area. This buffer area may be used for
underground utilities, sidewalks, trails and/or parking, and must be landscaped with
grasses, vertical landscaping or shallow -rooted landscaping."
The site borders an existing injection well facility to the north , a compressor station facility to
the northwest (approved in 2018 and incorporates a 50 -foot landscape buffer), another oil
ernA nee er I:rv►na�rt nortest3'tiesier fly th':a enultk� Arad nnri n rintl rrna tint rill 'nifty reirtml station (Public%
and gas sur�„/o t irate canna a %t 6� � Si scu t7 N TT's,NNI ire d a San a! vg....� a 61,..n11.0•1111 magree , .a..... stat++.. .4. n e
Service) is located on the property to the east 'wellheads and tank batteries border the
facility to the east,.
A condition of approval is attached requiring the applicant to submit a landscape and
screening plan that adheres to the Dry Creek RUA requirements.
6 Section 23-2-22041/4.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
Section 23-340A2 of the Weld County Code provides for Mineral Resource Development,
RESOLUTION USR19-0019
CRESTONE PEAK RESOURCE HOLDINGS LLC
PAGE 2
Oil and Gas Support and Service in the A (Agricultural) Zone District.
Section 23-3-10 - Intent states: "The A (Agricultural) Zone District is also intended to provide
areas for the conduct of uses by Special Review which have been determined to be more
intense or to have a potentially greater impact than uses Allowed by Right."
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The site consists of an existing storage yard and buildings. The site is located adjacent to an
injection well and off-load terminal (approved under USR15-0067), and a compressor station
facility (for up to 8 compressors) to the north and northwest. A natural gas control station (3'd
AMUSR-778) is located to the east and another injection well facility (MUSR12-0003) is
partially surrounded by the site to the southeast. The nearest residences are located
approximately 900 -feet to the south, 600 -feet to the west (along County Road 4) and 1,500
feet to the north.
The applicant sent a letter explaining the request to surrounding property owners within 500 -
feet of the site in July 2018. The application indicates that no response was received. No
letters, phone calls or correspondence has been received from surrounding property owners
in response to this application since referrals were sent out for this application.
The Conditions of Approval require that the applicant submit an Emergency Action and
Safety Plan, an Improvements Agreement (for roads and traffic) and a
Landscaping/Screening 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 located within the three (3) mile referral areas of the cities of Brighton, Dacono,
Fort Lupton, Northglenn and Adams County. No referral response has been received from
the municipalities and county.
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, a Special Flood Hazard Area
or the Airport 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.
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 proposed facility is located on approximately 48.66 acres delineated as "Prime", "Prime If
Irrigated" and "Hi Potential Dry Cropland - Prime if Irrigated" per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map. The property is currently not in production
(it has been used for oil & gas and is covered with existing buildings, storage and access
improvements).
RESOLUTION USR19-0019
CRESTONE PEAK RESOURCE HOLDINGS LLC
PAGE 3
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:
A. An Improvements and Road Maintenance Agreement is required for off -site improvements at
this location. Road maintenance includes, but is not limited to, dust control and damage repair
to specified haul routes. The Agreement shall include provisions addressing engineering
requirements, submission of collateral, and testing and approval of completed improvements.
(Department of Public Works)
B. 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)
C. The applicant shall attempt to address the requirements of the Brighton Fire Protection District,
as stated in the referral response dated April 25, 2019. Written evidence of such shall be
submitted to the Weld County Department of Planning Services. (Department of Planning
Services)
D. The applicant shall submit a Lighting Plan for review and approval by the Department of
Planning Services in accordance with the Dark Sky Policy and the Weld County Code.
(Department of Planning Services)
E. The applicant shall submit a Screening/Landscape Plan that screens the site from the
Surrounding Property Owners and the right-of-way for review and approval by the Department
of Planning Services. The Screening/Landscape Plan shall include/incorporate the 50 -foot
landscape buffer as delineated in Section 26-4-90 of the Weld County Code. An irrigation plan
shall be submitted with the Screening/Landscape Plan. (Department of Planning Services)
F. The plat shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR19-0019 (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 23-3-350.H
of the Weld County Code addresses the issue of trash collection areas. (Department of
Planning Services)
5. The map shall delineate the approved landscaping and/or screening. (Department of
Planning Services)
6. The map shall delineate the lighting which shall adhere to the Weld County Code.
(Department of Planning Services)
RESOLUTION USR19-0019
CRESTONE PEAK RESOURCE HOLDINGS LLC
PAGE 4
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. County Road 19 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)
9. County Road 4 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. Show and label the approved access locations, approved access width and the
appropriate turning radii (60') on the site plan. The applicant must obtain an access
permit in the approved location(s) prior to operation. (Department of Public Works)
11. Show and label the approved tracking control on the site plan. (Department of Public
Works)
12. 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)
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)
14. Show and label the drainage flow arrows. (Department of Public Works)
15. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
16. Show and label all recorded easements on the map by book and page number or
reception number and date on the site plan. (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
RESOLUTION USR19-0019
CRESTONE PEAK RESOURCE HOLDINGS LLC
PAGE 5
additional three (3) month period. (Department of Planning Services)
4. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
B. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the
start of construction. (Department of Public Works)
5. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency
Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility
operator, the Fire District and the Weld County Office of Emergency Management. Submit
evidence of acceptance to the Department of Planning Services. (Department of Planning
Services)
6. 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 Elijah Hatch.
VOTE:
For Passage
Bruce Johnson
Bruce Sparrow
Michael Wailes
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
Against Passage Absent
Skip Holland
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 Commissioner's 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 July 16, 2019.
Dated the 16th of July, 2019
45V.66111 --
Kristine Ranslem
Secretary
RESOLUTION USR19-0019
CRESTONE PEAK RESOURCE HOLDINGS LLC
PAGE 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Crestone Peak Resource Holdings, LLC
USR19-0019
1. A Site -Specific Development Plan and Use by Special Review Permit, USR19-0019, Mineral Resource
Development Facilities including for Oil and Gas Support and Service (Storage and Staging Yard for Oil
and Gas Equipment along with an office, and field measurement and calibration building) 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 hours of operation are 7:00 a.m. - 5:00 p.m. Monday - Friday. (Department of Planning Services)
4. The number of on -site employees shall be one (1), as stated in the application materials. (Department of
Planning Services)
5. In addition to the on -site employee, up to four contractors and thirty-five truck drivers may access the site
on a daily basis, as stated in the application materials. (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 approved
landscape and screening plan. (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 for 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, Section 30-20-
100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface
and groundwater contamination. (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, Section 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, 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. (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)
14. 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)
RESOLUTION USR19-0019
CRESTONE PEAK RESOURCE HOLDINGS LLC
PAGE 7
15. 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)
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. 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. 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)
19. 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)
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. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
22. Adequate drinking, hand washing and toilet facilities shall be provided for employees, at all times. 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 public view. (Department of Public
Health and Environment)
23. 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)
24. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
25. 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)
26. 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)
27. 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)
28. 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)
RESOLUTION USR19-0019
CRESTONE PEAK RESOURCE HOLDINGS LLC
PAGE 8
29. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
30. 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)
31. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
32. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit and
possible updates. (Department of Public Works)
33. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
34. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
35. 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)
36. Building permits may 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 has been adopted by Weld County: 2018 International Building
Codes; 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.
37. 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)
38. 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)
39. 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)
40. 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.
RESOLUTION USR19-0019
CRESTONE PEAK RESOURCE HOLDINGS LLC
PAGE 9
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.
41. 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
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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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, July 16,, 2019
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 0 Street, Greeley, Colorado. This meeting was called to order by Chair,
Michael Wailes, at 12:30 pm.
Roll Call.
Present: Michael Wailes, Bruce Sparrow, Bruce Johnson, Gene Stille, Torn Cope, Lonnie Ford, Richard
Beck, Elijah Hatch.
Absent: Skip Holland,
Also Present: Chris Gathman and Angela Snyder, Department of Planning Services; Lauren Light and Ben
Friesen, Department of Health; Evan Pinkham, Hayley Balzano, Evan Pinkham, and Mike McRoberts,
Public Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USP19-0O 9
CRESTONE PEAK RESOURCE HOLDINGS LLC
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OIL AND GAS SUPPORT AND SERVICE (STORAGE AND
STAGING YARD FOR OIL AND GAS EQUIPMENT ALONG WITH AN EXISTING
OFFICE/SHOP BUILDING, EXISTING WELDING SHOP, EXISTING
EQUIPMENT STORAGE BUILDING, EXISTING FIELD MEASUREMENT AND
CALIBRATION BUILDING AND UP TO TWENTY-FIVE (25) CARGO
CONTAINERS FOR STORAGE OF VALVES, FITTINGS AND ELECTRICAL
RICAL
ITEMS) IN THE A (AGRICULTURAL) ZONE DISTRICT,
LOT B REC 18-0083, PART SE4 SECTION 28, TIN, R671N OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
WEST OF AND ADJACENT TO CR 19 AND NORTH OF AND ADJACENT TO CR
4.
Chris Gathman, Planning Services, presented Case USR19-0019 reading the recommendation and
comments into the record. Mr. Gathman said that this site has historically operated as a natural gas
processing facility under previous owners and operators and was approved in July 1974 The facility was
later amended in 1986 1988 and 1994. Since 2016 the site has been utilized for storage and staging and
the applicant is applying for this -use under this LISR.
Mr. Gathman noted that in 2008 Weld County approved the Dry Creek RUA (Regional Urbanization Area)
and this area was identified for future residential and commercial development. One of the requirements
of the RUA outlined. in Section 264=--90.B.3 states that buffer development on an oil and gas operation areas
a landscape buffer should be employed for the cuter 50 feet of the setback of an oil and gas well or
operations area. This buffer area may be used for underground utilities, sidewalks., trails, and/or parking
and must be landscaped. Therefore, there is a Condition of Approval 1.E requiring a landscape and
screening plan to fulfill the RUA requirements.
The Department of Planning Services recommends approval of this application with the attached conditions
of approval and development standards.
Evan Pinkham, Public Works, reported on the existing traffic, access to the site and drainage conditions for
the site. An Improvements and Road Maintenance Agreement is required.
V N
Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the 'Waste Handling Plan.
MeghanCampbell„ Crestone Peak Resources, 1801 California Street, Denver,, Colorado, stated that the
site was previously used as a natural gas processing facility and they are proposing a storage and staging
yard for oil and gas equipment, The full site is fenced, and access points have car access entry only, They
1
feel that there won't be any major noise concerns associated with this site as it would be minimized by
enclosing most of the equipment inside the buildings and acoustical insulation
Commissioner Hatch asked how long Encana used the facility for storage previously Ms Campbell said
that she was not sure, however, her colleague indicated six to seven years
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 U R19-0019 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 Torn Cope, Seconded by Elijah Hatch
Vote Motion carried by unanimous roll call vote (summary Yes = 8)
Yes Bruce Johnson, Bruce Sparrow, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck,
Tom Cope
Meeting adjourned at 7 11 pm
Respectfully submitted,
Kristine Ranslern
Secretary
i
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ii2t2cotc\
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, July 2, 2019
A r°eguiar meeting of the Weld County Planning Commission was held in the Weld County Administration
BuDding, Hearing Room, 1150 0 Street, Greeley, Colorado. This meeting was called to order by Chair,
Michael Wailes, at 12:30 pm.
Roll Calle
Present: Michael Wailes, Bruce Sparrow, Bruce Johnson, Torn Cope, Lonnie Ford; Richard Beck, Elijah
Hatch, Skip Holland..
Absent: Gene StiIle,
Also Present: Kim Ogle„ Chris Gathman, Angela Snyder, and Maxwell Nader, Deparrtme:nt of Planning
Services; Ben Frlaaell, Department of Health; Evan Piinkharn, Public Works; Bob Choate, County Attorney,
and Michelle Wall, Secretary.
CASE NUMBER:
APPLICANT
PLANNER
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
U R19-0019
CRESTONE PEAK RESOURCE HOLDINGS LLC
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR . OIL AND GAS SUPPORT AND SERVICE (STORAGE AND
STAGING YARD FOR OIL AND GAS EQUIPMENT ALONG WITH AN OFFICE,
AND FIELD MEASUREMENT AND CALIBRATION BUILDING) IN THE A
(AGRICULTURAL) ZONE DISTRICT..
LOT B RE X18-0083, PART BE4 SECTION 28, TIN, Re7W OF THE 6TH PPM.,
WELD COUNTY, COLORADO.
WEST OF AND ADJACENT TO CR 19 AND NORTH OF AND ADJACENT TO CR
4.
Chris Gathman, Planr ing Services, presented Case USR1 B 008x, reading the reoammendation and
comments into the record. Staff received 2 emails in opposition with concerns of traffic, automobiles
associated with business parking on both sides of Henry Avenue limiting space for vehicles to travel,
employees leaving late at nighty impacts to roads in Aristocrat, concerns of automobiles parked on the
property and noise concerns. This application was submitted in response to a zoning violation for operating
a commercual business without a zoning permit. The Department of Planning Services recommends
approval of this application with the attached conditions of approval and development standards.
Development standards include limits on the number of employees, limiting the number of vehicles to be
stored outside and Omits on hours of operation.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Motion: Continue Case USR19-0019 to the July 16, 2019 Planning Commission hearing,, Moved by Tom
Cope, Seconded by Elijah Hatch,
Vote: Motion carried by unanimous roll call vote (summary Yee = 8).
Yes: Bruce Johnson, Bruce Sparrow, Elijah Hatch, Lonnie Ford, Michael Wailes, Richard Beck, Ski
Holland, Torn Cope..
Meeting adjourned at 2:49 pm.
Respectfully submitted,
Michelle Wall
Secretary
ATTENDANCE RECORD
NAME - PLEASE PRINT LEGIBLY
ADDRESS
EMAIL
John
Doe
123 Nowhere Street, City, State, Zip
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