HomeMy WebLinkAbout20143415.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola, 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: USR14-0034
APPLICANT: DIAMOND VALLEY ENERGY PARK LLC,C/O EXTRACTION OIL AND GAS, LLC
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN OIL AND GAS STORAGE AND TRANSLOADING FACILITY(OIL
STORAGE TANKS AND MISCELLANEOUS PROCESSING EQUIPMENT ALONG
WITH A TRUCK LOADING PLATFORM WHERE OIL WILL BE LOADED ONTO
TRUCKS FOR SHIPPING) IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: PART SW4 SECTION 23, T6N, R67W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: NORTH OF AND ADJACENT TO EASTMAN PARK DRIVE(COUNTY ROAD 66)
AND APPROXIMATELY 1 MILE EAST OF STATE HIGHWAY 257.
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"Reduce potential conflicts between varying land uses in
the conversion of traditional agricultural lands to other land uses."
A maximum noise limit is attached as a development standard and the Department of
Planning Services is requiring a lighting plan to mitigate impacts of the facility and to ensure
compatibility with existing surrounding land uses.
Section 22-5-100 A.OG.Goal 1.States"Promote the reasonable and orderly exploration and
development of oil and gas mineral resources."
A maximum noise limit is attached as a development standard and the Department of
Planning Services is requiring a Lighting Plan to mitigate impacts of the facility and to ensure
compatibility with existing surrounding land uses.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Section 23-3-40 A.1 and A.7 of the Weld County Code allows for Oil and Gas
Storage Facilities and transloading(Crude Oil Tank farm and crude oil truck unloading facility)
as a Use by Special Review in the A(Agricultural) Zone District
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses.This site is located to the north of the former Kodak site to the south
and west of and adjacent to existing industrial business located in the Town of Windsor.The
Great Western railroad and Agricultural land are located to the north of the site. The nearest
single family residence is located approximately 1/4 mile to the west of the site.
A maximum noise limit is attached as a development standard and the Department of
Planning Services is requiring a Lighting Plan to mitigate impacts of the facility and to ensure
compatibility with existing surrounding land uses.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compa EXHIBIT
development of the surrounding area as permitted by the existing zoning an
development as projected by Chapter 22 of the Weld County Code and any ,
RESOLUTION USR14-0034
DIAMOND VALLEY ENERGY PARK LLC, C/O EXTRACTION OIL AND GAS, LLC
PAGE 2
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 Town of Windsor, City of
Greeley and Town of Severance. The property is bordered on two sides by the Town of
Windsor and the Town of Windsor has also annexed Eastman Park Drive(County Road 66).
The Town of Windsor in their referral comments,dated August 8,2014 is recommending that
the applicant execute a pre-annexation agreement prior to developing the site. No referral
responses were received from the City of Greeley and Town of Severance.
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.The site is in the John Law floodplain covers nearly the
entire site. Most of the site is designated 100 Year Floodplain and there is a small section
designated 500 Year Floodplain.This floodplain is zoned AE.A Flood Hazard Development
Permit application is required to be submitted as a condition of approval for this case.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County-Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The proposed facility is located on approximately 80 acres delineated as"Prime"per the 1979
Soil Conservation Service Important Farmlands of Weld County Map. The site will encumber
approximately 7 acres of an approximately 80 acre parcel.A portion of the remainder of the
site is already covered by an existing oil and gas production facility.
G. Section 23-2-220.A.7—There are 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.
The Department of Planning Services has attached conditions of approval requiring a Lighting
Plan to address impacts on adjacent properties and roads to ensure adequate protection of
health, safety and welfare.
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 plat:
A. The applicant shall attempt to address the requirements of the Town of Windsor as stated in
their referral dated August 8, 2014. Written evidence of such shall be provided to the
Department of Planning Services. (Town of Windsor)
B. The applicant shall address the drainage requirements from Engineering Development Review
as defined in correspondence between applicant's engineer and Planning Dept. dated
10/10/14.
RESOLUTION USR14-0034
DIAMOND VALLEY ENERGY PARK LLC, CIO EXTRACTION OIL AND GAS, LLC
PAGE 3
C. In the event the applicant intends to utilize the existing septic system at the home,for business
use,the septic system shall be reviewed by a Colorado registered professional engineer. The
review shall consist of observation of the system and a technical review describing the system's
ability to handle the proposed hydraulic load. The review shall be submitted to the
Environmental Health Services Division of the Weld County Department of Public Health and
Environment. In the event the system is found to be inadequately sized or constructed, the
system shall be brought into compliance with current regulations. Alternately, a new septic
system may be installed for business use. Evidence of such shall be submitted, in writing, to
the Weld County Department of Planning Services. (Department of Public Health and
Environment)
D. The applicant shall submit written evidence from the Colorado Division of Water Resources,
demonstrating that the well is appropriately permitted for the commercial use. (Department of
Public Health and Environment)
E. The applicant shall submit documentation that floor drain wastes from any vehicle maintenance
facility is captured in a watertight vault and hauled off for proper disposal,or is approved by the
sewer district to discharge to the municipal sewer. (Department of Public Health and
Environment)
F. The applicant shall ensure that any equipment or vehicle washing area(s) shall capture all
effluent and prevent discharges from the washing of vehicles in accordance with the Rules and
Regulations of the Water Quality Control Commission, and the Environmental Protection
Agency. Equipment and vehicle washing areas should be designated on the plat.(Department
of Public Health and Environment)
G. The applicant shall submit a waste handling plan, for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health & Environment. The plan
shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site(this should include expected
volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed (including the facility
name, address, and phone number).
4) Solids and sediment will accumulate in the storage tanks. The waste handling plan shall
include a detailed plan that describes the method of how those solids will be removed,
including all on-site handling procedures.
5) The waste handling plan shall provide a commitment to notify the Weld County
Department of Public Health and Environment in writing, in the event the plan is
amended. The plan shall be reviewed and approved by the Weld County Department of
Public Health and Environment. (Department of Public Health and Environment)
H. The applicant shall submit a Lighting Plan to the Department of Planning Services,for review
and approval. Any lighting poles and lamps shall comply with Section 23-3-360.F.which states,
in part,that,"any lighting shall be designed,located,and operated in such a manner as to meet
the following standards: sources of light shall be shielded so that beams or rays of light will not
shine directly onto adjacent properties." (Department of Planning Services)
I. The applicant shall submit a Signage Plan to the Department of Planning Services,for review
and approval, if signage is desired. Signs shall be in compliance with Chapter 23, Article IV,
Division II and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of
Planning Services)
RESOLUTION USR14-0034
DIAMOND VALLEY ENERGY PARK LLC, C/O EXTRACTION OIL AND GAS, LLC
PAGE 4
J. County Road 66 has been annexed by the Town of Windsor. Access and right-of-way
requirements will be determined by the Town. (Department of Public Works)
K. The applicant shall submit a Floodplain Development Permit (FHDP) for all development
activities located within the special flood hazard area.The FEMA definition of development is
any man-made change to improved or unimproved real estate, including by not limited to
buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling
operations, or storage of equipment and materials. (Department of Planning Services)
L. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR14-0034 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The plat 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 the trash collection areas. Section 23-3-350.H of the Weld
County Code addresses the issue of trash collection areas. Areas used for storage or
trash collection shall be screened from adjacent properties and public rights-of-way.
These areas shall be designed and used in a manner that will prevent trash from being
scattered by wind or animals. (Department of Planning Services)
5. The approved Lighting Plan. (Department of Planning Services)
6. The approved Signage Plan. (Department of Planning Services)
7. Eastman Park Drive (County Road 66) is located within the incorporated limits of the
Town of Windsor. Eastman Park Drive is designated by the Town of Windsor as a Rural
Minor Arterial which required 130-feet of road right-of-way. A total of 65-feet from the
edge of Eastman Park Drive shall be indicated as edge of future right-of-way on the USR
plan.The applicant shall verify and delineate on the plat the existing right-of-way and the
documents creating the right-of-way. All setbacks shall be measured from the edge of
future right-of-way. (Town of Windsor)
8. Show and label the floodplain and floodway(if applicable)boundaries on the plat. Label
the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or
appropriate study. (Department of Planning Services)
9. Label the approved Town of Windsor access onto the plat with the approved permit
number. (Department of Planning Services-Engineer)
10. The Water Quality Feature should be labeled (No Build/No Storage) and label volume
required. (Department of Planning Services-Engineer)
2. Upon completion of Condition of Approval#1 above,the applicant shall submit one(1)paper copies
or one(1)electronic copy(.pdf)of the plat for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all
other documentation required as Conditions of Approval.The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The
Mylar plat 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)
RESOLUTION USR14-0034
DIAMOND VALLEY ENERGY PARK LLC; C/O EXTRACTION OIL AND GAS, LLC
PAGE 5
3. In accordance with Weld County Code Ordinance#2012-3,approved April 30,2012,should the plat
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 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 orArcGIS Personal GeoDataBase(MDB). The preferred format
for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to
mapsaco.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. (Department of Planning Services-Engineer)
B. A special transport permit is required for any over size or over weight vehicles utilizing county
maintained roads. (Department of Public Works)
6. Prior to Release of Building Permits:
A. A Fire District Notification letter shall be submitted to the Fire District with jurisdiction for review
and comments and submitted with Commercial Permit application to Weld County. (Department
of Building Inspection)
B. Detailed Plans for a concrete unloading pad shall be submitted for approval. A leak detection
system shall be designed and installed beneath the concrete unloading pad(s) and sump(s).
Plans shall be submitted to and approved by Weld County Department of Public Health and
Environment. (Department of Public Health and Environment)
C. Detailed plans for the concrete secondary containment structure for all storage and processing
tanks shall be submitted for approval. In accordance with Colorado Oil and Gas Conservation
Commission Rule 604,the volume retained by secondary containment should be greater than the
volume of the largest tank inside the berm and sufficient freeboard to contain precipitation.
(Department of Public Health and Environment)
7. One Month Prior to Operation:
A. A Professional Engineer (PE) certified and signed copy of the Spill Prevention, Control and
Countermeasure Plan, prepared in accordance with the applicable provisions of 40 CFR, Part 112
shall be provided to Environmental Health Services Division of the Weld County Department of
Public Health and Environment. (Department of Public Health and Environment)
B. The applicant shall submit documentation to the Weld County Department of Public Health and
Environment that the facility was constructed in accordance with the application materials.
(Department of Public Health and Environment)
8. Prior to Operation:
A. Accepted construction drawings and construction of the offsite roadway improvements are
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)
RESOLUTION USR14-0034
DIAMOND VALLEY ENERGY PARK LLC, CIO EXTRACTION OIL AND GAS, LLC
PAGE 6
9. Prior to the issuance of the Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed facility and shall be installed
according to the Weld County Individual Sewage Disposal Regulations. The septic system is
required to be designed by a Colorado Registered Professional Engineer according to the Weld
County Individual Sewage Disposal Regulations. (Department of Building Inspection)
10. 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 plat 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 Bruce Johnson.
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.
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 October 21, 2014.
Dated the 2151 of October, 2014.
Digitally signed by Kristine
43 6 22�`gaud v1_ Ranslem
Date:2014.10.24 16:13:35-06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Extraction Oil and Gas LLC
USR14-0034
1. A Site Specific Development Plan and Use by Special Review Permit for Mineral resource development
facilities including an Oil and Gas Storage and transloading facility(oil storage tanks and miscellaneous
processing equipment along with a truck loading platform where oil will be loaded onto trucks for shipping)
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 24 hours a day, 7 days a week, as stated by the applicant(s). (Department of
Planning Services)
4. The signage on the site shall be maintained in accordance with the approved Signage Plan. (Department
of Planning Services)
5. The lighting on the site shall be maintained in accordance with the approved Lighting Plan.(Department of
Planning Services)
6. The screening on the site shall be maintained in accordance with the approved landscaping/screening
Plan. (Department of Planning Services)
7. 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)
8. 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)
9. Waste materials shall be handled,stored,and disposed of in a manner that controls fugitive dust,fugitive
particulate emissions,blowing debris,and other potential nuisance conditions. The applicant shall operate
in accordance with the approved"Waste Handling Plan", at all times. (Department of Public Health and
Environment)
10. The applicant shall comply with all provisions of the State Aboveground Storage Tank Regulations.
(Department of Public Health and Environment)
11. 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)
12. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall operate in
accordance with the approved "dust abatement plan", at all times. (Department of Public Health and
Environment)
13. 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. (Department of Public Health and Environment)
14. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. (Department of Public Health and Environment)
15. Any contaminated soils on the facility shall be removed, treated or disposed of in accordance with all
applicable rules and regulations. (Department of Public Health and Environment)
RESOLUTION USR14-0034
DIAMOND VALLEY ENERGY PARK LLC, CIO EXTRACTION OIL AND GAS, LLC
PAGE 8
16. A current Professional Engineer (PE) certified and signed copy Spill Prevention, Control and
Countermeasure Plan shall be available on site, at all times. (Department of Public Health and
Environment)
17. 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)
18. 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)
19. The signage/lighting on the site shall be maintained in accordance with the approved Signage/Lighting
Plans. (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
Section 15-1-180 of the Weld County Code. (Department of Public Works)
21. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services-Engineer)
22. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Public Works)
23. The right-of-way or easement shall be graded and drained to provide an all-weather access. (Department
of Public Works)
24. All construction or improvements occurring in the floodplain or floodway as delineated on Federal
Emergency Management Agency (FEMA) FIRM Community Panel Map # 080266-0605D, dated
September 27, 1991, and is part of the John Law Ditch Physical Map Revision (PMR) (2009). The
property owner shall comply with all applicable Weld County requirements, Colorado Water Conservation
Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado, and
FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. (Department of
Planning Services)
25. Floodplain development permits will be required for development activities located within the special flood
hazard area. The FEMA definition of development is any man-made change to improved or unimproved
real estate, including by not limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation, drilling operations,or storage of equipment and materials. (Department of Planning
Services)
26. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain boundaries
have been modified. (Department of Planning Services)
27. 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 Building Code; 2012 International Mechanical
Code; 2012 International Plumbing Code:;2012 International Fuel Gas Code;2006 International Energy
Code; 2011 National Electrical Code; 2009 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld
County Code. (Department of Building Inspection)
28. A building and electrical permit may be required, per Section 29-3-10 of the Weld County Code,for any
new structures,additions or renovation to any structures.A building permit application must be completed
and two complete sets of engineered plans.A Code Analysis prepared by a design professional,licensed
bin the State of Colorado shall be submitted with permit application. MSDS sheets for all materials stored
shall be submitted with building permit applications. (Department of Building Inspection)
RESOLUTION USR14-0034
DIAMOND VALLEY ENERGY PARK LLC, C/O EXTRACTION OIL AND GAS, LLC
PAGE 9
29. RESOLUTION #35 Factory Built Nonresidential Structured CRS 24-32-3305 Every Factory-Built
Nonresidential Structure manufactured after the effective date of these regulations that is manufactured,
sold, or offered for sale in this state must display an insignia issued by the Division of Housing certifying
that the unit is constructed in compliance with the standards adopted in schedule"B"which is incorporated
herein and made a part of these Rules and Regulations by reference,and all other requirements set forth
by this resolution. (Department of Building Inspection)
30. The Emergency Action and Safety Plan shall be reviewed on an annual basis by the Facility operator,the
Fire District and the Weld County Office of Emergency Management. (Department of Planning Services)
31. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
32. 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.
33. 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.
34. 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.
35. 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.
RESOLUTION USR14-0034
DIAMOND VALLEY ENERGY PARK LLC, CIO EXTRACTION OIL AND GAS, LLC
PAGE 10
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 POW Uri
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in Weld County to the Cushing, Oklahoma market place. He added that the pipeline construction has
begun but the metering facilities have not begun construction.
Commissioner Maxey referred to the application which states that an office, septic systems, domestic
wells and custodial areas will be located at the metering stations and asked why there is this entire
infrastructure for an unmanned site. Mr.Wagoner said that the facilities will be used for the measurement
and sampling of product that is coming through the pipeline. Additionally, based on the location of the
site the office, septic system and domestic well is to accommodate the employees during bad weather.
Mr. Wagoner added that this would also be for potential future expansion.
Commissioner Maxey questioned if the metering facilities should fall under a separate USR Permit, other
than the Non-1041 Permit. Mr. Gathman said that staff is looking at it as an accessory use to the
pipeline. He added that if the applicant starts expanding at the metering facilities then staff will need to
have further review on that.
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: Approve Case USR14-0049 along with the Conditions of Approval and Development Standards,
Moved by Jordan Jemiola, Seconded by Joyce Smock.
Vote: Motion carried by unanimous roll call vote(summary: Yes =7).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock,
Michael Wailes.
CASE NUMBER: USR14-0034
APPLICANT: DIAMOND VALLEY ENERGY PARK LLC, CIO EXTRACTION OIL AND GAS,
LLC
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN OIL AND GAS STORAGE AND TRANSLOADING FACILITY
(OIL STORAGE TANKS AND MISCELLANEOUS PROCESSING EQUIPMENT
ALONG WITH A TRUCK LOADING PLATFORM WHERE OIL WILL BE
LOADED ONTO TRUCKS FOR SHIPPING) IN THE A (AGRICULTURAL)ZONE
DISTRICT.
LEGAL DESCRIPTION: PART SW4 SECTION 23, T6N, R67W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: NORTH OF AND ADJACENT TO EASTMAN PARK DRIVE (COUNTY ROAD
66)AND APPROXIMATELY 1 MILE EAST OF STATE HIGHWAY 257.
Chris Gathman, Planning Services, presented Case USR14-0034, reading 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.
Mr. Gathman said that an email was received on October 17`h from the Town of Windsor stating that the
applicants have satisfied their conditions. Mr. Gathman suggested that Development Standard 6 be
removed as staff is not requiring a Screening Plan for this site.
Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Heather Barbare, Environmental Health, reviewed the public water and sanitary sewer requirements, on-
site dust control, and the Waste Handling Plan.
Jordan Jemiola stated that the applicant's representative is a Milliken Planner and he serves on the
Milliken Town Board. Mr. Jemiola stated that he feels he can be fair and impartial in the judgment of this
case. The Planning Commission had no issues with Commissioner Jemiola hearing this case.
EXHIBIT
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Blaine Thingelstad, Extraction Oil & Gas, 1888 Sherman Street, Denver, Colorado stated that the original
application was submitted by Tekton Energy; however Extraction Oil has since purchased the site and is
taking over the project. He added that they are proposing an oil terminal facility which includes oil storage
tanks and miscellaneous processing equipment along with a truck loading platform where oil will be
loaded onto trucks for shipping. He added that there may be up to five (5) people on site.
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: Delete Development Standard 6 as recommended by Staff, Moved by Benjamin Hansford,
Seconded by Jordan Jemiola. Motion carried unanimously.
The Chair asked the applicant if they have read through the amended 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 USR14-0034 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Jordan Jemiola, Seconded by Bruce Johnson.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes : Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock,
Michael Wailes.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss.
Commissioner Jemiola said that we should consider a new type of zoning designation to concentrate
some of this growth development into more industrial/commercial areas. some of the uses in the
Agricultural Zone District. The Planning Commission held discussion on pending USR cases that have
already been heard by the Planning Commission at previous hearings.
Meeting adjourned at 4:45 pm.
Respectfully submitted,
Digitally signed by Kristine Ranslem
' 4t.notizikt Date: 2014. 10.24 15: 12:56 -06'00'
Kristine Ranslem
Secretary
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