HomeMy WebLinkAbout20152216.tiff EXHIBIT
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BEFORE THE WELD COUNTY COLORADO . PLANNING COMMISS 1
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COM
•
Moved by Bruce Johnson . 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. USR15-0013
APPLICANT UET MIDSTREAM LLC
PLANNER CHRIS GATHMAN
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING
OIL AND GAS SUPPORT AND SERVICE FACILITY AND OIL AND GAS
STORAGE FACILITY (CRUDE OIL TANK FARM AND CRUDE OIL TRUCK
UNLOADING FACILITY AND A DISPOSAL-- SITE FOR OIL -AND GAS
PRODUCTION WASTE INCLUDING A-CLASS II INJECTION WELL) IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION LOT A REC EXEMPT RECX14-0059. PART SW4 SECTION 34. T8N R59W OF
THE 6TH P M. . WELD COUNTY. COLORADO
LOCATION EAST OF AND ADJACENT TO CR 115 AND APPROXIMATELY 150 FEET
SOUTH OF THE INTERSECTION OF CR 86 5 AND STATE HIGHWAY 14
be recommended favorably to the Board of County Commissioners for the following reasons :
1 The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code
2 It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-
2-220 of the Weld County Code as follows
A. Section 23-2-220 A 1 -- The proposed use is consistent with Chapter 22 and any other
• applicable code provisions or ordinance in effect-
Section 22-2-20 I . A. Goal 9 states "Reducepotential conflicts between varying land uses y g in
the conversion of traditional agricultural lands to other land uses "
The proposed site is located approximately 650 feet from the nearest residence Conditions
of approval and development standards (on site lighting is required to be downcast and a
noise limit is attached) will address compatibility with the surrounding area
Section 22-2-20 I 5.A. Policy 9 5 states Applications for a change of land use in the
agricultural areas should be reviewed in accordance with all potential impacts to surrounding
properties and referral agencies "
Conditions of approval and development standards (on site lighting is required to be
downcast and a noise limit is attached) to address compatibility with the surrounding area .
Section 22-2-80 C . I . Goal 3. Consider how transportation infrastructure is affected by the
impacts of new or expanding industrial developments "
An Improvements and Road Maintenance Agreement is a condition of approval for this case
to address any potential offsite impacts to county roads generated by this use
B. Section 23-2-220 A. 2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District. Section 24-3-40 A 1 of the Weld County Code allows for Oil and Gas Storage
(Crude Oil Tank Farm) and Section 23-3-40 .A.2 of the Weld County Code allows Oil and Gas
Support and Service Facilities (crude oil truck unloading facility) as a Use by Special Review
Permit in the A(Agricultural) Zone District.
• C. Section 23-2-220 Al -- The uses which will be permitted will be compatible with the existing
surrounding land uses. The site is located in a rural (predominately dry land and rangeland)
area The nearest single family residence is located approximately 650-feet feet to the west
RESOLUTION USR15-0013
UET MIDSTREAM LLC
• PAGE 2
of this site A few additional residences are located further away to the north of the site and
are not immediately visible to the site based on the topography of the land between the
proposed facility and these residences
Staff has received three (3) phone calls from a neighboring property owner expressing
concerns with the proposed injection well and the potential for impact to water wells in the
area Additionally. a letter of objection/concern was received from a surrounding property
owner dated May 21 , 2015 The letter expresses concerns with the potential for contaminated
runoff reaching adjacent properties (potentially endangering livestock ) . traffic and dust
concerns (specifically the lack of a turn lane onto Highway 14 from either County Road 86
and County Road 86 5 and dust generated from the traffic creating health issues for
neighbors) . Additionally the letter expresses concerns with the potential for contamination of
nearby domestic/irrigation wells from the proposed injection well The letter requests study of
the proposed injection well by the Colorado Oil and Gas Commission to ensure a safe water
supply for existing wells in the area The letter also suggests blacktopping roads between the
injection well facility and State Highway 14 to address dust.
The Colorado Department of Transportation , in their response received May 19 , 2015. is not
requiring turn lanes or accel-decel lanes onto State Highway 14 . Conditions of approval are
and development standards (on site lighting is required to be downcast and a noise limit is
attached) to address compatibility with the surrounding area . The application has been
amended to remove the injection well component from the proposed site. Secondary
containment structures are required to address potential spills and runoff from the site
Development standards are attached addressing fugitive dust and an Improvements and
Road Maintenance Plan is attached as a condition of approval to address the potential for
dust and road damage to county roads generated by this facility
• D Section 23-2-220 A.4 -- The uses which will be permitted will be compatible with future p
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect. or the adopted Master Plans of affected
municipalities_
The site is not located within a three (3) mile referral area of any municipality, nor is it located
within any existing Intergovernmental Agreement Area (IGA) of a municipality
E Section 23-2-220 A. 5 -- The application complies with Chapter 23. Article V. of the Weld
County Code The existing site is within the County-Wide Road Impact Fee Area and the
Capital Expansion Impact Fee area
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 acres delineated as "High Potential Dry
Cropland — Prime if Irrigated" per the 1979 Soil Conservation Service Important Farmlands of
Weld County Map
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
RESOLUTION USR15-0013
UET MIDSTREAM LLC
• PAGE 3
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 offsite improvements at
this site. Road maintenance including dust control , damage repair. specified haul routes and
future triggers for improvements will be included. (Department of Planning Services - Engineer)
B The Final Drainage Report must be stamped and signed by a Professional Engineer (P. E. )
registered in the State of Colorado and must include a Certification of Compliance (Department
of Planning Services - Engineer)
C The applicant shall submit written evidence of a commercial drinking water well or other
adequate water source to the Department of Planning Services and the Department of
Public Health and Environment. (Department of Public Health and Environment)
D The map shall be amended to delineate the following
111 1 All sheets of the map shall be labeled USR15-0013 (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 lighting (Department of Planning Services)
6 The map shall delineate the parking for customers and/or employees ( Department of
Planning Services)
2 . Upon completion of Condition of Approval #1 above, the applicant shall submit three (3) paper copies
or 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)
RESOLUTION USR15-0013
UET MIDSTREAM LLC
• PAGE 4
4. The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review, as appropriate Acceptable CAD formats are .dwg . dxf. and dgn (Microstation) acceptable
GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB) The preferred format
for Images is of (Group 4) (Group 6 is not acceptable) This digital file may be sent to
mapscco.weld . co. us. (Department of Planning Services)
5 Prior to Construction
A If more than 1 acre is to be disturbed. a Weld County grading permit will be required prior to the
start of construction Contact the Planning Department for application information (Department of
Planning Services - Engineer)
6 . Prior to Operation :
A. Construction of the approved access and/or tracking control improvements is required prior to
operation . (Department of Planning Services - Engineer)
B 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)
7 Prior to the issuance of the Certificate of Occupancy:
A. An onsite wastewater treatment system is required for the proposed facility and shall be installed
• according to the Weld County Onsite Wastewater Treatment System Regulations The septic
system is required to be designed by a Colorado Registered Professional Engineer according to
the Weld County Onsite Wastewater Treatment System Regulations. (Department of Public
Health and Environment)
8 The Use by Special Review 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 Terry Cross
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
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.
RESOLUTION USR15-0013
UET MIDSTREAM LLC
• PAGE 5
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 7, 2015.
Dated the 7`h of July, 2015.
Digitally signed by Kristine Ranslem
.06\iminc, Ranaturt, Date: 2015.07.10 07:31 :42 -06'00'
Kristine Ranslem
Secretary
•
•
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
• DEVELOPMENT STANDARDS
UET Midstream LLC
USR15-0013
1 . USR15-0013 is a Site Specific Development Plan and Use by Special Review Permit for a Mineral
Resource Development facility. including Oil and Gas Support and Service and Oil and Gas Storage
(crude oil tank farm and crude oil truck unloading facility), subject to the Development Standards stated
hereon. 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)
2 , The hours of operation are 24-hours a day. 365 days a year as stated by the applicant(s) (Department of
Planning
a ng Services)
3 The parking on the site shall be maintained. (Department of Planning Services)
4. 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)
5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act. 30-20- 100 . 5,
C . R. S. . as amended) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination . (Department of Public Health and Environment)
6. 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. . as amended. (Department of Public Health and Environment)
7. 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 facility shall operate in
. accordance with Chapter 14 , Article 1 of the Weld County Code. (Department of Public Health and
Environment)
8 . The facility shall be constructed and operated to ensure that contamination of soil and groundwater does
not occur. (Department of Public Health and Environment)
9. 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)
10. This facility shall adhere to the maximum permissible noise levels allowed in the Non-Specified Zone as
delineated in Section 14-9-30 of the Weld County Code. or with all applicable State noise statutes and/or
regulations. (Department of Public Health and Environment)
11 . Fugitive dust and fugitive particulate emissions should be controlled on this site. The facility should
operate in accordance with the accepted "dust abatement plan". at all times. 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)
12 . Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the
facility. at all times. If 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 and shall contain hand sanitizers. (Department of Public Health and Environment)
13 . Sewage disposal for the facility shall be by septic system . Any septic system located on the property must
comply with all provisions of the Weld County Code. pertaining to On-site Wastewater Treatment
• Systems. ( Department of Public Health and Environment)
RESOLUTION USR15-0013
UET MIDSTREAM LLC
PAGE 7
• 14 A permanent, adequate water supply shall beprovided for drinking and sanitary purposes. The facility p p ac lity
shall utilize the existing private water supply (Department of Public Health and Environment)
15. Allpotentially hazardous chemicals
c emicals must be handled in a safe manner in accordance with product labeling
and in a manner that minimizes the release of hazardous air pollutants and volatile organic compounds.
All chemicals must be stored securely, on an impervious surface, and in accordance with manufacturer's
recommendations. (Department of Public Health and Environment)
16. Secondary containment shall be constructed around tanks to provide containment for the largest single
tank and sufficient freeboard to contain precipitation . A synthetic or engineered liner shall be placed
directly beneath each above-ground tank. 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 . (Department of Public Health and Environment)
17 A Spill Prevention, Control and Countermeasure Plan, reared in accordance with the applicable
prepared Pp
provision of 40 CFR. Part 112 . shall be available on site, at all times. (Department of Public Health and
Environment)
18. 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)
19. 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)
• 20. Should noxious weeds exist on the property. or become established as a result of the proposed
development. the applicant/landowner shall be responsible for controlling the noxious weeds. pursuant to
Chapter 15 . Articles I and II . of the Weld County Code. (Department of Planning Services — Engineer)
21 . The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning
Services - Engineer)
22. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services - Engineer)
23. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Planning Services - Engineer)
24. There shall be no tracking of dirt or debris from the site onto publically maintained roads. The applicant is
responsible for mitigation of any offsite tracking and maintaining onsite tracking control devices.
(Department of Planning Services - Engineer)
25. Building permits may be required , per Section 29-3- 10 of the Weld County Code. Currently. the following
have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code. and 2011
National Electrical Code . A Building Permit Application must be completed and two (2) complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted
for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection. (Department of Building Inspection)
26. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code .
27. 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.
RESOLUTION USR15-0013
UET MIDSTREAM LLC
PAGE 8
• 28 The Use by Special Review area shall be limited to theplans shown hereon andgoverned 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.
29 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
30 . WELD COUNTY'S RIGHT TO FARM 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
PC rnJnLW2/J -7 - 1 -i
EXHIBIT
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
• Tuesday, July 7, 2015
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,
Jason Maxey, at 1 :40 pm.
Roll Call.
Present: Benjamin Hansford , Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola. Joyce
Smock. Michael Wailes, Nick Berryman . Terry Cross.
Also Present: Chris Gathman . Diana Aungst. and Tom Parko, Department of Planning Services. Wayne
Howard . and Jennifer Petrik. Department of Planning — Engineering Division : Lauren Light and Heather
Barbare. Department of Health: Brad Yatabe, County Attorney, and Kris Ranslem, Secretary
Motion: Approve the June 16. 2015 Weld County Planning Commission minutes, Moved by Michael
Wailes. Seconded by Bruce Johnson . Motion passed unanimously.
CASE NUMBER. USR15-0013
APPLICANT: UET MIDSTREAM LLC
PLANNER CHRIS GATHMAN
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY.
INCLUDING OIL AND GAS SUPPORT AND SERVICE FACILITY AND OIL AND
GAS STORAGE FACILITY (CRUDE OIL TANK FARM AND CRUDE OIL TRUCK
UNLOADING FACILITY AND A DISPOSAL SITE FOR OIL AND GAS
PRODUCTION WASTE INCLUDING A CLASS II INJECTION WELL ) IN THE A
(AGRICULTURAL ) ZONE DISTRICT
LEGAL DESCRIPTION LOT A REC EXEMPT RECX14-0059: PART SW4 SECTION 34. T8N . R59W OF
THE 6TH P M . WELD COUNTY. COLORADO.
w LOCATION: EAST OF AND ADJACENT TO CR 115 AND APPROXIMATELY 150 FEET
SOUTH OF THE INTERSECTION OF CR 86 5 AND STATE HIGHWAY 14
Chris Gathman . Planning Services, presented Case USR15-0013, stated that this case was continued at
the June 2°° Planning Commission_ There was discussion of removing the saltwater injection facility and
it has since been removed from the application . Mr. Gathman noted that a new site plan was updated
with the injection well removed There was also a reduction of traffic from 260 round trips to 130 round
trips per day. Mr. Gathman read the recommendation and comments into the record . The Department of
Planning Services recommends approval of this application with the attached conditions of approval and
development standards.
Wayne Howard . Engineering . reported on the existing traffic, access and drainage conditions and the
requirements on site.
Commissioner Johnson asked if there is a problem with turning on or from Highway 14. Mr. Howard said
that the concern is the tighter corners at the county roadways off of State Highway 14 since the highway
is at a 45 degree angle. Therefore the applicant has had their traffic come in that is better suited for the
intersections with the angled highway .
Heather Barbare, Environmental Health , reviewed the public water and sanitary sewer requirements. on-
site dust control , and the Waste Handling Plan
Mickey Leyba . 625 Main Street. Longmont, Colorado. stated that said that the applicant has removed the
injection well component from th
e p t e application . Additionally. they have reduced the traffic from 260 round
trips to 130 round trips_
The Chair asked if there was anyone in the audience who wished to speak for or against this application .
•
1
Doris Williams. 57875 CR 86. New Raymer, stated that she is an adjacent neighbor and believes that the
• applicants have made a lot of changes and have addressed her concerns. She said traffic will always be
a problem.
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 USR15-0013 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commissions recommendation of approval ,
Moved by Bruce Johnson, Seconded by Terry Cross
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes : Benjamin Hansford , Bruce Johnson, Bruce Sparrow. Jason Maxey. Jordan Jemiola. Joyce Smock,
Michael Wailes. Nick Berryman. Terry Cross.
Meeting adjourned at 4:08 pm.
Respectfully submitted.
Digitally signed by Kristine Ranslem
Date: 2015.07.09 16: 12:38 -06'00'
Kristine Ranslem
Secretary
•
2
P & lvtinudki) 6 -2 / 5
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
• Tuesday. June 2, 2015
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 Vice-
Chair Jordan Jemiola, at 1 : 30 pm .
Roll Call.
Present: Benjamin Hansford . Bruce Johnson . Bruce Sparrow, Jordan Jemiola. Joyce Smock. Michael
Wailes. Nick Berryman. Terry Cross .
Absent: Jason Maxey
Also Present: Kim Ogle. Chris Gathman . Diana Aungst. and Michelle Martin . Department of Planning
Services. Wayne Howard , and Jennifer Petrik. Department of Planning — Engineering Division : Lauren
Light. Department of Health . Brad Yatabe, County Attorney, and Kris Ranslem. Secretary.
Motion : Approve the May 19. 2015 Weld County Planning Commission minutes. Moved by Benjamin
Hansford. Seconded by Bruce Johnson . Motion passed unanimously_
CASE NUMBER USR15-0013
APPLICANT UET MIDSTREAM LLC
PLANNER CHRIS GATHMAN
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY.
INCLUDING OIL AND GAS SUPPORT AND SERVICE FACILITY AND OIL AND
GAS STORAGE FACILITY (CRUDE OIL TANK FARM AND CRUDE OIL TRUCK
UNLOADING FACILITY AND A DISPOSAL SITE FOR OIL AND GAS
PRODUCTION WASTE INCLUDING A CLASS II INJECTION WELL ) IN THE A
(AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION LOT A REC EXEMPT RECX14-0059. PART SW4 SECTION 34. T8N R59W OF
• THE 6TH P M . WELD COUNTY, COLORADO
LOCATION EAST OF AND ADJACENT TO CR 115 AND APPROXIMATELY 150 FEET
SOUTH OF THE INTERSECTION OF CR 86 5 AND STATE HIGHWAY 14
Chris Gathman . Planning Services. presented Case USR15-0013. reading the recommendation and
comments into the record . Staff received three phone calls from adjoining landowners and one letter of
opposition to this case outlining concerns of the potential for contaminated runoff from the facility reaching
adjacent properties, traffic and dust concerns_ The Department of Planning Services recommends
approval of this application with the attached conditions of approval and development standards.
Wayne Howard , Engineering . reported on the existing traffic, access and drainage conditions and the
requirements on site.
Commissioner Smock referred to the injection well on Highway 392 and noted that the County is planning
to put in a different access point to eliminate the diagonal intersection. She commented that Highway 14
and County Road 86 are similar with this angle point. Mr Howard referred to the intersection of Highway
392 and County Road 74 and added that they might look similar but he thinks the use of the highway is
much different. He added that County Road 74 is considered an arterial road: therefore Highway 392 and
County Road 74 have a high volume of traffic. Mr. Howard stated that the applicant has spent several
opportunities talking with CDOT about traffic concerns and as a result they have limited flow by entering
in one intersection and leaving the other intersection to minimize some of those conflict points.
Heather Barbare, Environmental Health , reviewed the public water and sanitary sewer requirements, on-
site dust control , and the Waste Handling Plan .
Mickey Leyba. Permontes Group. 625 Main Street. Longmont, Colorado. provided a brief explanation on
the secondary containment and drainage requirements on site. With regard to the letter they received
concerning traffic. she said that they have been working diligently with CDOT to address traffic concerns.
• She added that the site is anticipated to generate a maximum of 34 peak hour trips or 17 inbound and 17
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outbound . Ms. Leyba stated that they are restricting any access to the site coming from the north and all
trucks would leave from the south
• Ms Leyba noted that there are no current commercial agreements in place for the injection well This
was a potential idea for the site so they included it in this request for any future demand She added that
they are aware that an injection site has been approved which is approximately 10 miles from this site so
the feasibility to have this injection well is not a high priority.
Commissioner Smock expressed concern with the amount of truck traffic as the roads are in a
deteriorating mess in this area She asked what the applicant will do to ensure that the roads will be
taken care of. Ms. Leyba said that with the Road Maintenance Agreement there are trigger points that
certain improvements would take place Commissioner Johnson concurred that this amount of traffic on a
diagonal intersection is a concern
Commissioner Sparrow said the application is different than what the applicant is presenting today
regarding the injection well facility. Ms . Leyba said that in conversations with the applicant he is
comfortable with eliminating the injection well. After further discussion. Ms Leyba stated that she would
like to withdraw the injection well facility from this application .
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Doris Williams. 57875 CR 86 . New Raymer. Colorado stated that she has lived there for 62 years.
Although the injection well is being withdrawn it may come back in the future. She inquired about safety
of the site as this area is limited by the Fire Department and resources She is also concerned with the
drainage from the site as it will lead into her pond that has been there since 1887, for watering livestock
and wildlife
Ms Williams said that the intersections are not straight across from each other and added that there have
been several accidents.
• Commissioner Sparrow asked if she feels comfortable with the truck traffic being reduced Ms Williams
replied no and added that this road cannot accept the amount of traffic it already has Commissioner
Wailes asked if the elimination of the injection facility would change her opinion Ms. Williams said no
Fred Dodd. 56900 CR 86. 5 stated that he lives the closest to the site. He is taking therapy for Hepatitis C
and feels that this would put his life in jeopardy He said that there are already a lot of trucks on the road
and there are numerous wrecks already and would hate see this added to it He is concerned with air
quality and how it affects his health
Ms. Leyba said that they have removed the injection well facility so the brine would not be coming into
this facility With regard to runoff. they are proposing to detain the developed runoff and release it at the
historic rate The secondary containment is contained in the berm area with a liner underneath and it
would not be able to flow to the pond.
Commissioner Jemiola stated that the applicant has requested removal of the salt water injection well and
accessory uses specific to the salt water injection well. He asked staff if this significantly changes the rest
of the staff report. Mr. Howard asked for clarification on the number of round trips with the removal of the
injection well facility . Ms Leyba said that there would be 120 round trips plus 5 employees Ms . Barbare
said that removing that item would significantly affect the development standards. however they could
meet with the applicant prior to the Board of County Commissioner hearing . Mr Gathman said that in
regard to planning. the changes should be fairly simple
Commissioner Sparrow asked if this case should be continued to work out these changes Mr Gathman
said that this case is scheduled with the Board of County Commissioners on July 22 . so the Planning
Commission could continue this to the July 7"' Planning Commission hearing
Motion : Continue USR15-0013 to the July 7. 2015 Planning Commission hearing to allow time for staff
and the applicant to work out the changes with removing the injection well facility from the application.
• Moved by Joyce Smock. Seconded by Bruce Johnson .
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Vote: Motion passed (summary: Yes = 7, No = 1 . Abstain = 0).
Yes: Benjamin Hansford. Bruce Johnson, Jordan Jemiola. Joyce Smock. Michael Wailes. Nick Berryman,
• Terry Cross.
No: Bruce Sparrow.
Commissioner Sparrow said that he would like to leave it open to the applicant.
Meeting adjourned at 7: 05 pm.
Respectfully submitted,
Digitally signed by Kristine Ranslem
Date: 2015.06.05 08:36:41 -06'00'
Kristine Ranslem
Secretary
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