HomeMy WebLinkAbout20142287.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: USR14-0024
APPLICANT: TERRY WIEDEMAN, C/O AKA ENERGY GROUP, LLC
PLANNER: CHRIS GATHMAN
REQUEST' A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY
(UNMANNED COMPRESSOR STATION FACILITY)IN THE A(AGRICULTURAL)
ZONE DISTRICT.
LEGAL DESCRIPTION: PART LOT D AMD REC EXEMPT AMDRE-4022, PART W2 SECTION 29, T4N,
R66W OF THE 6TH P.M ,WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO STATE HIGHWAY 60 AND NORTH OF AND
ADJACENT TO CR 40
be recommended favorably to the Board of County Commissioners for the following reasons:
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 Department of Planning Services'staff that the applicant has shown compliance
with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20 G.2. A.Policy 7.2. states: "Conversion of agricultural land to nonurban
• residential,commercial and industrial uses should be accommodated when the subject site is
in an area that can support such development,and should attempt to be compatible with the
region."
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."
Section 22-2-20 1.3. A.Policy 9.3. States: "Consider mitigation techniques to address
incompatibility issues. Encourage techniques and incentives, such as but not limited to
clustered development and building envelopes, to minimize impacts on surrounding
agricultural land.
A lighting standard and noise limits are attached as development standards to address
compatibility with the existing 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.2 of the Weld County Code allows oil and gas support
facilities 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. The nearest residences are located approximately 1/2 mile from the
USR site. No phone calls or correspondence has been received from surrounding property
owners in regards to this case. A lighting standard and noise limits are attached as
development standards to address compatibility with the existing land uses.
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.
EXHIBIT
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RESOLUTION USR14-0024
TERRY WIEDEMAN. C/O AKA ENERGY GROUP. LLC
• PAGE 2
The site is located within the three(3) mile referral areas of the Town of Gilcrest,the Town of
Platteville and the Town of Milliken. The Town limits of Gilcrest are located 1/2 mile from the
boundary of the USR site. The site is also located within the Cooperative Planning
(Intergovernmental Agreement) boundary of the Town of Gilcrest. Notice of a pending USR
application (through a Notice of Inquiry form) was provided to the Town of Gilcrest by the
applicant prior to submittal of the USR application per the requirements of Chapter 19 of the
Weld County Code.The notice form was signed and returned by the Town of Gilcrest with no
comments.
The Town of Gilcrest and the Town of Milliken in their referral comments,dated May 13,2014
and June 4, 2014 respectively indicated that they have no concerns. No referral response
has been received from the Town of Platteville
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 Amended Use by Special Review Permit site is located on land delineated as "Prime"
•
according to the Prime and Important Farmlands Map of Weld and Larimer Counties. The
proposed USR is to be located on a proposed 3 acre recorded exemption lot(RECX14-0028).
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 Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. A Road Maintenance Agreement is required for the construction phase of the project. Road
maintenance including dust control and/or damage repair will be included. (Department of
Public Works-Engineer)
B. The applicant shall provide a recorded access agreement granting access to the compressor
station facility USR site from County Road 40. (Department of Planning Services)
C. The plat shall be amended to delineate the following:
• 1. All sheets of the plat shall be labeled USR14-0024 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
RESOLUTION USR14-0024
TERRY WIEDEMAN, C/O AKA ENERGY GROUP, LLD
• PAGE 3
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. Show the approved access on the plat and label with the approved access permit
number(AP14-00158). (Department of Planning Services-Engineer)
6. Proposed Site Lighting. (Department of Planning Services)
7. The applicant shall indicate specifically on the plat the type of right-of-way/easement and
indicate whether it is dedicated, private. or deeded to provide adequate access to the
parcel. (Department of Planning Services-Engineer)
8 Label the water quality feature on the plat as "Water Quality Feature, No Build/Storage
Area" and label the required volume. (Department of Planning Services-Engineer)
D. The applicant shall submit evidence of an Air Pollution Emission Notice and Emissions Permit
Application per the Air Pollution Control Division Colorado Department of Health and
Environment to Environmental Health Services Division of the Weld County Department of
Public Health and Environment. Alternately,the applicant can provide evidence from the APCD
that they are not subject to these requirements. (Department of Public Health and
Environment)
•
2. Upon completion of Condition of Approval#1 above,the applicant shall submit two(2)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)
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 or ArcGIS Personal GeoDataBase(MDB).. The preferred format
for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.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 Construction Stormwater Permit is required with the State for disturbing more than 1 acre.
Contact: Colorado Department of Public Health and Environment,Water Quality Control Division,
Rik Gay. 303-692-3575. (Department of Planning Services-Engineer)
RESOLUTION USR14-0024
TERRY WIEDEMAN. C/O AKA ENERGY GROUP, LLC
• PAGE 4
C. Right of way permit is required for any work within the public right of way unless work involves
construction of an approved access. (Department of Planning Services-Engineer)
D. Special transport permit is required for any oversize or overweight vehicles. (Department of
Planning Services-Engineer)
6. One Month Within 6 Months Prior to Operation:
A. A signed copy of the Spill Prevention, Control and Countermeasure Plan shall be provided to
Environmental Health Services Division of the Weld County Department of Public Health &
Environment. (Department of Public Health and Environment)
7. 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)
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 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 Jason Maxey.
• VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Mark Lawley
Michael Wailes
Nick Berryman
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 15, 2014.
Dated the 15th of July. 2014.
Digitally signed by Kristine
Ranslem
Date:2014.07.21 08:03:56-06'00'
•
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
• DEVELOPMENT STANDARDS
AKA Energy Group LLC
USR14-0024
1. A Site Specific Development Plan and Use by Special Review Permit for an Oil and Gas Support and
Service Facility (Unmanned Compressor Station facility along with associated equipment) in the A
(Agricultural) Zone District. (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. 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)
4. 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)
5. 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)
6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved Dust Abatement Plan, at all times. (Department of Public
Health and Environment)
• 7. This facility shall adhere to the maximum permissible noise levels allowed in the non-specified Zone
District. as delineated in Section 14-9-30 of the Weld County Code or with all applicable state noise
statues and/or regulations. (Department of Public Health and Environment)
8. 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 Env-icon-me-n-0
9. All potentially hazardous chemicals must be handled in a safe manner, in accordance with product
labeling, and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile
organic compounds (VOC's). All chemicals must be stored secure. on an impervious surface, and in
accordance with manufacturer's recommendations. (Department of Public Health and Environment)
10. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. As employees or contractors are on site for less than 2 consecutive hours a day
portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for
portable toilets shall be retained on a quarterly basis and available for review by the Weld County
Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in
Weld County and shall contain hand sanitizers (Department of Public Health and Environment)
11. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment(CDPH&E).Water Quality Control Division, as applicable.
(Department of Public Health and Environment)
12. The Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times. (Weld
County Department of Public Health and Environment)
13. In accordance with Colorado Oil and Gas Conservation Commission Rule 604, a spillage retention berm
• shall be constructed around the aboveground storage tanks. The volume retained by the spillage berm
should be greater than the volume of the largest tank inside the berm and sufficient freeboard to contain
precipitation. Alternative protective measures may be allowed provided they comply with the Colorado Oil
and Gas Conservation Commission regulations. (Department of Public Health and Environment)
RESOLUTION USR14-0024
TERRY WIEDEMAN, C/O AKA ENERGY GROUP. LLC
• PAGE 6
14. 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)
15. 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)
16. 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)
17. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning
Services-Engineer)
18. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services-Engineer)
19. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Planning Services-Engineer)
20. Building permits maybe required, per Section 29-3-10 of the Weld County Code. Currently the following
has been adopted by Weld County: 2012 International Codes; 2006 International Energy Code; 2011
National Electrical Code; A building permit application must be completed and two 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 registered State of Colorado engineer shall
be required or an open hole inspection. (Department of Building Inspection)
21. 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. MSDS sheets for all materials stored shall be submitted with
building permit applications.
24. 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.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)
25. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
26. 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.
27. 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.
RESOLUTION USR14-0024
TERRY WIEDEMAN, C/O AKA ENERGY GROUP, LLC
• PAGE 7
28. 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.
29. 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.
•
TC,
• Motion: Add Development Standard 5 as recommended by Staff and renumber accordingly, Moved by
Joyce Smock, Seconded by Bruce Sparrow. 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 USR14-0010 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 Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey. Jordan Jemiola, Joyce Smock, Mark Lawley,
Michael Wailes, Nick Berryman.
Commissioner Sparrow understands that the business started 9 years ago and was moved from the site
and then was brought back to the property with an increase in business. He said he voted in favor of it
with some difficulty.
Commissioner Wailes stated that the solution is there if the neighbors can come together and find a better
way of moving traffic through the properties. He doesn't believe that the applicant is solely responsible
for traffic issues on the access as it sounds like the issue is coming from the neighbor to the north.
Commissioner Smock encouraged the applicant to pursue an access from Highway 392.
Commissioner Berryman commented that it is a difficult situation but believes that there are potential
solutions by creating another driveway utilizing the current access.
Commissioner Maxey said that it is an unfortunate access issue and added that there may be potential
solutions to providing access.
Commissioner Maxey called a recess at 3:31 pm and Chair Lawley reconvened the hearing at 3:43 pm.
CASE NUMBER: USR14-0025
APPLICANT: AKA ENERGY GROUP LLC
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A NON-1041 MAJOR FACILITY OF A PUBLIC UTILITY (12-INCH
HIGH PRESSURE NATURAL GAS PIPELINE APPROXIMATELY 16 MILES IN
LENGTH) IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOCATED IN SECTIONS 27 AND 33, T5N, R64W; SECTIONS 4, 5, 6, 7,
17, 19, 20, 30, T4N, R64W; SECTIONS 25, 26, 27, 31, 32, 33 34, T4N,
R65W; AND SECTION 36, T4N, R66W; ALL LOCATED IN THE 6TH P.M.,
WELD COUNTY, COLORADO.
LOCATION: EAST OF CR 35; WEST OF CR 57; NORTH OF CR 38; SOUTH OF CR 54.
Chris Gathman. Planning Services, presented Case USR14-0025, stated that staff is requesting a
continuance of this case to the August 5, 2014 Planning Commission to comply with the legal notice to
include a map.
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 USR14-0025 to the August 5, 2014 Planning Commission hearing. Moved by
Jordan Jemiola, Seconded by Benjamin Hansford. Motion carried unanimously.
EXHIBIT
CASE NUMBER: USR14-0024
• APPLICANT: TERRY WIEDEMAN. C/O AKA ENERGY GROUP LLC
PLANNER: CHRIS GATHMAN 2
t � OA- Dba
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
• PERMIT FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY
(UNMANNED COMPRESSOR STATION FACILITY) IN THE A
(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION: PART LOT D AMD REC EXEMPT AMDRE-4022: PART W2 SECTION 29. T4N.
R66W OF THE 6TH P M , WELD COUNTY. COLORADO
LOCATION: EAST OF AND ADJACENT TO STATE HIGHWAY 60 AND NORTH OF AND
ADJACENT TO CR 40.
Commissioner Berryman noted that he has an existing business relationship with the landowner and
wished to recuse himself.
Chris Gathman, Planning Services, presented Case USR14-0024, 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.
Commissioner Maxey asked if there was any concern with the access agreement given the issues with
the last case we heard. Mr. Gathman said that there is a condition of approval that an Access Easement
Agreement needs to be in place prior to recording the plat. He added that the applicant may be able to
answer this question as well.
Wayne Howard, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan. Ms. Light stated that the Air Emissions Permit requirement
was inadvertently left off of the staff report and would like to request to have that added under Condition
of Approval 1.D. Additionally, she stated that Development Standard 8 does not apply to this case and
can be deleted, Development Standard 7 should be amended to include "or with all applicable State noise
statutes and/or regulations"to the end of the existing sentence.
• Matt Wall, 89 Kinosha Court, Durango, Colorado, stated that this request is for a remote compressor
station. He added that Aka Energy Group, LLC will be gathering natural gas from surrounding wells that
are to be drilled. These wells are currently under construction.
Commissioner Maxey asked if the access easement agreement might become an issue. Mr. Wall stated
that they have discussed what their expected traffic will be into the facility with the current landowners. A
normal life expectancy for running this compressor station is 10 to 15 years and doesn't expect any
issues as it appears that the family members of the current landowner will remain as owners.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Ms. Light recommended adding Condition of Approval 1.D to state "The applicant shall submit evidence
of an Air Pollution Emission Notice and Emissions Permit Application per the Air Pollution Control Division
Colorado Department of Health and Environment to Environmental Health Services Division of the Weld
County Department of Public Health and Environment. Alternately, the applicant can provide evidence
from the APCD that they are not subject to these requirements."
Motion: Add Condition of Approval 1.D as stated by Staff, Moved by Jason Maxey, Seconded by
Benjamin Hansford. Motion carried unanimously.
Motion: Amend Development Standard 7 to include "or with all applicable State noise statutes and/or
regulations" at the end of the sentence, Moved by Jason Maxey, Seconded by Benjamin Hansford.
Motion carried unanimously.
Motion: Delete Development Standard 8, per staff recommendation, Moved by Jason Maxey, Seconded
by Jordan Jemiola. Motion carried unanimously.
•
6
Motion: Amend Condition of Approval 6 to read "Within 6 Months Prior to Operation, Moved by Jason
• Maxey, 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 USR14-0024 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 Jordan Jemiola, Seconded by Jason Maxey.
Vote: Motion carried by unanimous roll call vote(summary: Yes = 7).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Michael Wailes.
Excused: Nick Berryman.
Commissioner Maxey commented that he is concerned about the access.
CASE NUMBER: COZ14-0003
APPLICANT: BIG THOMPSON INVESTMENT HOLDINGS LLC
PLANNER: CHRIS GATHMAN
REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO
THE I-3(INDUSTRIAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RE-4915. PART S2SE4 SECTION 35, T6N. R65W OF
THE 6TH P.M., WELD COUNTY, COLORADO
LOCATION: NORTH AND SOUTH OF CR 62 AND EAST OF AND ADJACENT TO CR 47.
Commissioner Berryman stated that he has an existing business relationship with the applicant and
wishes to recuse himself from this case.
Chris Gathman, Planning Services, presented Case COZ14-0003, 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.
Jennifer Petrik, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan. Ms. Light said that since this site is less than 5 acres in size
Condition of Approval 3.L may be deleted. Additionally, the portion of Condition of Approval 3.M which
specifically states "creates more than a 25-acre contiguous disturbance," may be removed.
Tim Naylor, AGPROfessionals, 3050 67t Ave, Greeley, stated that this site is currently surrounded by
industrial uses and is best served to be industrial property. He noted that the Airport Authority was here
today to ensure that no structures were over 50 feet in height. Mr. Naylor said that they don't anticipate
having structures on site that are more than 50 feet in height. He added that this site is in a pre
annexation agreement with the City of Greeley to annex these properties after three 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.
Motion: Delete Condition of Approval 3.L, Moved by Benjamin Hansford. Seconded by Jason Maxey.
Motion carried unanimously.
Motion: Amend Condition of Approval 3.M by deleting the following language "creates more than a 25-
acre contiguous disturbance". Moved by Jason Maxey, Seconded by Benjamin Hansford. Motion
carried unanimously.
The Chair asked the applicant if they have read through the amended Conditions of Approval and if they
are in agreement with those. The applicant replied that they wish to request some minor amendments.
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