HomeMy WebLinkAbout20143599.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Joyce Smock, 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: USR14-0056
APPLICANT: UNITED SURFACE & MINERALS LLC; CIO SELECT ENERGY SERVICES
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW FOR A
MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING OIL AND GAS
SUPPORT AND SERVICE(WATER HAULING)IN THE A(AGRICULTURAL)ZONE
DISTRICT
LEGAL DESCRIPTION: W2 SECTION 33,T7N, R60W OF THE 6TH P.M.,WELD COUNTY,COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 74;APPROXIMATELY 1.5 MILES WEST OF
CR 105.
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.G-A.Goal 7 states, "County land use regulations should protect the individual
property owner's right to request a land use change." And 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."
The property contains an 80,000 barrel capacity reservoir with three truck filling bays. The
reservoir is filled by an existing on-site water well. The non-potable water is used to support oil
and gas operations including drilling and hydraulic fracturing.
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 for a Site Specific
Development Plan and Use by Special Review Permit for Mineral Resource Development
Facilities, Oil and Gas Support and Service (water hauling) 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 adjacent lands consist of pastures, crops, and rural residences. The closest residence is
approximately one-half mile east of the site. There are no USRs within one mile of this site. The
Weld County Department of Planning Services has not received any correspondence from the
surrounding property owners on this USR. The site is located in a remote area of the County
therefore staff is not requesting a landscape plan. The Development Standards and the
Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent
properties.
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 of - -•• -• - ••-
provisions or ordinances in effect, or the adopted Master Plans of affected EXHIBIT
The site is not located within a three (3) mile referral area of any municipa
within any existing Intergovernmental Agreement Area (IGA) of a municipal I
UI.1l(- ♦01,
RESOLUTION USR14-0056
UNITED SURFACE& MINERALS LLC; C/O SELECT ENERGY SERVICES
PAGE 2
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 not in a Special Flood Hazard 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 soils designated as"Prime if they become Irrigated","Irrigated
Land, Not Prime", and "Other" per the 1979 Soil Conservation Service Important Farmlands of
Weld County Map. Therefore this USR will not take any Prime (Irrigated) Farmland out of
production.
G. Section 23-2-220.A.7--There is adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
The Design Standards(Section 23-2-240,Weld County Code), Operation Standards(Section 23-
2-250,Weld County Code), Conditions of Approval and Development Standards can ensure that
there are adequate provisions for the protection of health,safety,and welfare of the inhabitants of
the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. If there is any lighting on the site 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)
B. An Improvements Agreement and Road Maintenance Agreement is required for this site. Road
maintenance including dust control, damage repair, and triggers for improvements will be
included. (Department of Planning - Engineer)
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR14-0056. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of
Planning Services)
4) 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. (Department of Planning
Services)
RESOLUTION USR14-0056
UNITED SURFACE&MINERALS LLC; c/o select energy services
PAGE 3
5) County Road 74 is designated on the Weld County Road Classification Plan as a local gravel
road, which requires 60 feet of right-of-way at full build out. The applicant shall verify the
existing right-of-way and the documents creating the right-of-way and this information shall
be noted on the plat. All setbacks shall be measured from the edge of future right-of-way. If
the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld
County. (Department of Planning Services- Engineer)
6) Show the approved access on the plat and label with the approved access permit number
(AP14-00037). (Department of Planning - Engineer)
7) The applicant shall show and label the water quality feature on the plat as "Water Quality
Feature, No Build or Storage Area", and label the required volume. (Department of Planning
Services - Engineer)
8) Show and label standard tracking control onto publicly maintained roadways on the map.
(Department of Planning Services- Engineer)
9) Show the drainage flow arrows on the plat. (Department of Planning Services- Engineer)
2. Upon completion of Condition of Approval#1 above, the applicant shall submit one(1)paper copy 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)
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
mapsco.weld.co.us. (Department of Planning Services)
5. Prior to Construction:
a. A Weld County Grading Permit will be required if disturbing more than 1 acre. A Construction
Stormwater Permit is also 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)
b. Right of way permit is required for any work within the public right of way. (Department of
Planning Services- Engineer)
c. Special transport permit is required for any over size or over weight vehicles. (Department of
Planning Services- Engineer)
6. 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)
RESOLUTION USR14-0056
UNITED SURFACE &MINERALS LLC;C/O SELECT ENERGY SERVICES
PAGE 4
Motion seconded by Michael Wailes.
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 November 18, 2014.
Dated the 18th of November, 2014.
Digitally signed by Kristine
Ranslem
Date:2014.11.20 07:37:32-07'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
United Surface & Minerals, LLC, do Select Energy Services
USR14-0056
1. A Site Specific Development Plan and Use by Special Review Permit, USR14-0056, for Mineral
Resource Development Facilities, Oil and Gas Support and Service (water hauling) 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. Hours of operation will be 24-hours seven-days/week, as stated by the applicant. (Department of
Planning Services)
4. No full-time employees will be stationed on site. (Department of Planning Services)
5. 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)
6. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services - Engineer)
7. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Planning Services - Engineer)
8. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Planning Services- Engineer)
9. 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)
10. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S.,as amended. (Department of Public Health and Environment)
11. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris,and other potential nuisance conditions.The applicant
shall operate in accordance with the approved Waste Handling Plan, at all times. (Department of
Public Health and Environment)
12. 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)
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)
RESOLUTION USR14-0056
UNITED SURFACE & MINERALS LLC; C/O SELECT ENERGY SERVICES
PAGE 6
14. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. As employees or contractors are on site for less than 2 consecutive hours a
day portable toilets 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)
15. The fresh water storage and loading system shall be operated in a manner to minimize spills. Fresh
water spills should be captured in above-ground containment areas for reuse or allowed to infiltrate.
There shall be no discharge from this process to surface waters or through the facility's stormwater
management system, in accordance with the Rules and Regulations of the Colorado Water Quality
Control Commission, and the Environmental Protection Agency. (Department of Public Health and
Environment)
16. 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)
17. 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)
18. A building permit may be 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)
19. 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.
20. 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.
21. 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.
22. 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.
RESOLUTION USR14-0056
UNITED SURFACE & MINERALS LLC; C/O SELECT ENERGY SERVICES
PAGE 7
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.
M► 1,, eS
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, November 18, 2014
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 1:30 pm.
Roll Call.
Present: Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman,
Terry Cross.
Absent: Benjamin Hansford, Bruce Johnson
Also Present: Kim Ogle, Diana Aungst and Tom Parko, Department of Planning Services; Wayne
Howard and Jennifer Petrik, Department of Planning - Engineering; Elizabeth Relford, Department of
Public Works; Lauren Light, Department of Health; Brad Yatabe, County Attorney, and Kris Ranslem,
Secretary.
Motion: Approve the November 4, 2014 Weld County Planning Commission minutes, Moved by Bruce
Sparrow, Seconded by Joyce Smock. Motion passed unanimously.
CASE NUMBER: USR14-0056
APPLICANT: UNITED SURFACE& MINERALS LLC; C/O SELECT ENERGY SERVICES
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
FOR A MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING OIL
AND GAS SUPPORT AND SERVICE (WATER HAULING) IN THE A
(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION: W2 SECTION 33, T7N, R60W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 74; APPROXIMATELY 1.5 MILES WEST
OF CR 105.
Diana Aungst, Planning Services, presented Case USR14-0056, 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 when this was reported as a violation. Ms. Aungst said that it was reported
approximately 4 months ago.
Wayne Howard, Engineering, 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.
John Tufte, Lamp, Rynearson and Associates, 4715, Fort Collins, Colorado, stated that the majority of the
distribution of the water is by pipe; however there is some water trucked out.
Commissioner Maxey asked if Select Energy Services is the landowner. Bill Fronczak, Select Energy
Services, 1551 South Sunset Street, Longmont, Colorado, stated that they are an exclusive
licensee/tenant of the property. He added the United Surface& Minerals is the landowner of the property.
Commissioner Maxey asked how long the water depot has been in operation. Mr. Fronczak said that the
construction of the well was in late 2012 and in 2013 the pit was constructed. He added that the depot
really has not been in operation except to run pipeline out of the site.
Commissioner Maxey asked if they had any clue that this operation required a USR Pe
EXHIBIT
said that they were aware that they needed a USR however it took a lot of corporate ti
together.
Commissioner Maxey asked how many trucks would be accessing the site. Mr. Fronczak said that at the
most there would be maybe 30 to 40 trucks per day out of the facility.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion : Forward Case USR14-0056 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 Joyce Smock, Seconded by Michael Wailes.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman, Terry
Cross.
Commissioner Sparrow noted that he is not voting for approval because it exists but because he would
have voted for approval if it would have come to them prior to the beginning of operation.
Meeting adjourned at 5:49 pm.
Respectfully submitted,
115‘suic. 96Digitally signed by Kristine Ranslem
/2� Date: 2014. 11 .20 07:35: 18 -07'00'
Kristine Ranslem
Secretary
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