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Home My WebLink About20133465.tiff EXHIBIT INVENTORY CONTROL SHEET ORD2013-15 Exhibit Submitted By Description A. Planning Commission Summary of Hearing (Minutes dated 12/03/2013) Resolution of Recommendation, Summary of Hearing, B. Planning Commission and Exhibit Inventory (dated 12/17/2013) C. PDC Energy Proposed revisions to Ordinance language D. PDC Energy Proposed revisions to Ordinance language E. F. G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. W. 2013-3465 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, December 3, 2013 O' 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, Mark Lawley, at 1:30 pm. Roll Call. Present: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael Wailes, Nick Berryman. Absent/Excused: Bret Elliott. Also Present: Diana Aungst, Michelle Martin and Tom Parko, Department of Planning Services; Don Carroll, Department of Public Works; Lauren Light, Department of Health; Brad Yatabe and Bob Choate, County Attorney,and Kris Ranslem, Secretary. • Motion: Approve the November 19, 2013 Weld County Planning Commission minutes, Moved by Jason Maxey, Seconded by Benjamin Hansford. Motion passed unanimously. CASE NUMBER: USR13-0048 APPLICANT: MICHAEL BOULTER,C/O JIM BEAUREGARD PLANNER: DIANA AUNGST REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (OUTDOOR STORAGE OF ROAD BASE, PARKING OF EMPLOYEE VEHICLES, AND PARKING AND STORAGE OF COMMERCIAL VEHICLES AND EXCAVATION EQUIPMENT) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A(AGRICULTURAL)ZONE DISTRICT. LEGAL DESCRIPTION: LOT A REC EXEMPT RE-4971; PART S2NW4 SECTION 27, T5N, R65W OF THE 6TH P.M.,WELD COUNTY, COLORADO. LOCATION: EAST OF AND ADJACENT TO CR 43; APPROXIMATELY 0.25 MILES SOUTH OF CR 54. • Diana Aungst, Planning Services, presented Case USR13-0048, 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. • Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the requirements on site. Mr. Carroll requested deletion of Condition of Approval 1.C.11 as the applicants are showing the water quality feature on the plat map. • Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on- site dust control, and the Waste Handling Plan. • Jim Beauregard, 19531 E 195th Ave, Hudson, Colorado, stated that he has been using this site as a staging area for his equipment. He added that they requested to operate 7 days per week but typical normal hours of operation are 6 days a week. Commissioner Wailes asked how long he has been operating at this location. Mr. Beauregard said that he has been working from this location for 4 years. EXHIBIT /,�- a 1 - // 2013-3465 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 1.C.11 as stated by staff, Moved by Benjamin Hansford, Seconded by Jason Maxey. 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 USR13-0048 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 Nick Berryman. 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. O CASE NUMBER: ORDINANCE 2013-14 PRESENTED BY: BOB CHOATE REQUEST: WELD COUNTY CODE ORDINANCE #2013-14, IN THE MATTER OF REPEALING AND RE-ENACTING,WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, CHAPTER 17 PUBLIC PLACES, AND CHAPTER 24 SUBDIVISIONS, OF THE WELD COUNTY CODE. Bob Choate, County Attorney, introduced Ordinance 2013-14. Mr. Choate presented the proposed code changes to Chapter 23 relating to vacation of right-of-ways. This affects multiple chapters in the Weld County Code and added that this allows the Board of County Commissioners to vacate a public road right-of-way pursuant to statute instead of through a resubdivision process. Commissioner Maxey referred to Section 17-7-20.A and asked if one interested landowner can initiate the vacation for the subdivision or is it per parcel owner. Mr. Choate said that it is designed that one single landowner can apply for the entire subdivision but there are many safeguards built in to ensure that it is the will of any landowner that would be affected. Mr. Maxey asked what happens if some of the neighbors do not want to vacate the right-of-way. Mr. Choate said it would be up to the BOCC discretion of what to vacate and what not to vacate. He describes this as a quit claim deed where the County doesn't own the land they own the public right-of-way and what they are doing is essentially quit claiming their interest in the public right-of-way. Commissioner Maxey referred to Section 17-7-20.6 and said that the Clerk to the Board is going to mail notice to persons owning land adjacent to the roadway to be vacated and asked if it should read the road right-of-way to be vacated. Mr. Choate said that was a good catch and will make the change. • Motion: Forward Ordinance 2013-14 to the Board of County Commissioners along with the Planning Commission's recommendation of approval, Moved by Jason Maxey, Seconded by Bruce Sparrow. 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. CASE NUMBER: ORDINANCE 2013-15 PRESENTED BY: MICHELLE MARTIN REQUEST: WELD COUNTY CODE ORDINANCE #2013-11, IN THE MATTER OF REPEALING AND RE-ENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING,OF THE WELD COUNTY CODE. • Michelle Martin, Planning Services, introduced Ordinance 2013-15. Tom Parko, Planning Director, said that there was a lot of staff time and discussion with the oil and gas industry. He added that these 2 discussions started about one year ago. Mr. Parko said that a lot of companies are consolidating their drilling pads with their wells, tanks, heater treaters, separators, etc. into a single location. Encana proposed a facility like this by County Road 1 and County Road 34 with 80 tank batteries in an isolated area. So staff began to discuss this with the Board of County Commissioners and they decided to form a working group to talk with the industry and discuss the potential impacts and mitigate those concerns. As a result from these working group discussions staff is presenting these proposed code changes relating to these kinds of oil and gas facilities. Mr. Parko said that it is not intended to hit them with more regulations but it is a way to address mitigating some of the big issues or concerns up front. Commissioner Lawley asked if a public hearing would be involved. Mr. Parko said that the Colorado Oil and Gas Conservation Commission (COGCC) does the notification according to their rules. Ms. Martin said that currently the Weld County Code allows these facilities as a Use by Right in the agricultural zone district; however they need to obtain the necessary building permits and road access permits. Ms. Martin provided an outline of the proposed process in which these facilities would be required to follow to mitigate concerns. She said that the current process will apply if you plan on having less than 12 tanks. However, once there are more than 12 tanks the applicants will need to submit a Long Range Development Plan and will need to be approved by the Board of County Commissioners. This Long Range Development Plan will include an Emergency Management Plan and Best Management Practices. If the applicants do not have a Long Range Development Plan approved by the Board of County Commissioners then they will need to follow the Site Plan Review Process for oil and gas facilities. Alternatively, if there is a Long Range Development Plan then staff would look at where the production facility is located. If it is located in an area designated "Not Prime Farmlands" they have the potential to install more tanks and would not need to go through the Site Plan Review process as long as they are using Best Management Practices outlined in their Long Range Development Plan. Commissioner Lawley expressed concern regarding the impacts to the surrounding property owners and that they don't have a process to mitigate their concerns. Mr. Parko believes that the State has a public process in which they take comments. Mr. Lawley stated that he agrees with the concept but doesn't think that the State looks at it in the detail that the County will look at it. He added that he is looking into the future so that the citizens can have a mechanism to have their concerns voiced. Kim Cooke, Anadarko, clarified that there is a 500 foot notification from the structures so depending on where the location is it may not affect the density of the state regulation instead of the broader notice requirements. Commissioner Berryman said that he expresses the same concern because they don't know what the public process is, Bob Choate, County Attorney, said that the voice you are concerned with is the same voice that we have heard but we don't have the ability to control that one way or the other since it is a State regulation. He added that the Best Management Practices are approved by the Board of County Commissioners on an annual basis. Commissioner Lawley believes that there should be a public process. Mr. Parko said that they will take this under advisement and present it to the Board of County Commissioners. Commissioner Maxey commented that the advantages of these changes are that you are down to 1 site and not impacting as many property owners. However, he asked that if this is a Use by right in Weld County, does the County even have the right to do this if everything is going through the State process. Mr. Choate replied that Weld County does have the right. Mr. Parko asked for clarification if they want the surrounding property owners notified only if a Site Plan Review is submitted because he anticipates that 90% of these facilities will not be going through Site Plan Review process. Commissioner Jemiola agreed with the proposed code changes and feels it is a good plan. Mr. Lawley agrees that it is a great plan to consolidate these facilities and it will be a lot easier to manage but his concern is how the adjacent property owners will be represented. Commissioner Maxey asked what the fee would be. Ms. Martin said that they are looking to charge$500 with a 15 day referral with internal county referrals. Mr. Maxey asked how many of these facilities are in and how many do they plan to construct. Mr. Parko said that several have already been implemented and they foresee several more. Mr. Maxey asked if this is something that the County wants to take on given the small amount of time and fee since the State regulates these facilities. Ms. Martin said that it gives staff the ability to work with the applicants on best management practices. 3 The Chair asked if there was anyone in the audience who wished to speak for or against this request. Troy Swain, Petroleum Development Corporation (PDC), 3801 Carson Avenue, Evans, Colorado, stated that they attended a County Commissioner work session on November 4, 2013 regarding this change. He said that PDC has not been involved with the stakeholder process and added that PDC is the third largest leaseholder and producer in Weld County. PDC representatives requested a meeting with staff on November 22, 2013 where they received more details and some draft versions of this proposed code change. Mr. Swain said that they expressed some concerns with the drafts and the timing of the process and not being included in the initial stakeholder process. He added that they appreciate the cooperative relationship and support the industry has experienced in the past. Based on the compressed timeline they request that this decision be delayed until they have an opportunity to fully evaluate this proposed code change and provide comments during the stakeholder meeting on December 13th with all potentially affected operators before the rule making process continues. Commissioner Maxey asked how many of these large facilities PDC has. Mr. Swain said that they have typically up to 16 tanks on 1 site. Mr. Maxey asked if they have a Long Range Development Plan with Weld County. Mr. Swain replied no. Mr. Maxey asked how they mitigate landowner concerns. Mr. Swain said that they try to place the facilities so to conserve prime ag land and that it is compatible with the surrounding area. He added that they are cognizant of how many residences are in the area and try to push it back further on the property. Commissioner Lawley offered that maybe the company could have a neighborhood meeting with the affected surrounding property owners. The Chair asked what the thoughts were on the request to continue this. Mr. Parko said that they didn't intend to leave out PDC and added that we have sent out invitations to all of the oil and gas industry to attend an informational meeting. Mr. Parko said that there is no deadline on when this ordinance needs to be approved. Ds Motion: Continue Ordinance 2013-15 to the December 17, 2013 Planning Commission hearing, Moved by Jason Maxey, Seconded by Jordan Jemiola. Motion carried unanimously. The Chair asked the public if there were other items of business that they would like to discuss. No one wished to speak. D` The Chair asked the Planning Commission members if there was any new business to discuss. Commissioners Maxey, Jemiola and Hansford inquired on why we accept anonymous complaints. They felt that complaints need to be submitted with their name. Mr. Parko said that this is a policy directed by the Board of County Commissioners. The Planning Commission will ask the County Commissioners about this policy at the next luncheon. Commissioner Wailes asked Kim Cooke, Anadarko, what benefit they see with this proposed code change regarding the oil and gas facilities. Ms. Cooke said that they want to maintain their partnership with Weld County and through this process they understand what the County wants to see from them. The key thing is to open communication and to work with Weld County. Meeting adjourned at 4:03 pm. Respectfully submitted, Digitally signed by Kristine Ranslem a 21--1 M't =Date:2013.12.05 13:33:39-07'00' Kristine Ranslem Secretary 4 ( r P Ect tAue PROPOSED MODIFICATIONS TO THE WELD COUNTY CODE (WCC) CHAPTER TO BE MODIFIED: Chapter 23, Zoning DIVISION OR ARTICLE TO BE MODIFIED: Article III SECTION(S) PROPOSED TO BE MODIFIED: Section 23- 1 -90, Section 23-2- 150, Section 23-3-20 RATIONALE FOR MODIFICATION: This code change allows planning to review the oil and gas production facility if the production company does not have a long range development plan or if the proposed facility does not meet the intent of the accepted long range development plan. PROPOSED MODIFICATION(S): Sec. 23-1 -90 Sec. 23-1-90. Definitions. For the purposes of this Chapter, certain terms or words used herein shall be interpreted as defined in this Section. The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall have the meanings stated in this Section: LONG RANGE DEVELOPMENT PLAN: A written plan which identifies Best Management Practices and an Emergency Operations Plan. The LONG RANGE DEVELOPMENT PLAN needs to be accepted by the Board of County Commissioners no later than February 15 of any given calendar year. Amendments to the plan can be made throughout the calendar year. A template for this form is available from the Department of Planning Services. OIL AND GAS PRODUCTION FACILITIES: Consist of the oil or gas well, pumps, heater treaters, separators, meters, compressors, TANKS BATTERY and other equipment directly associated with the producing well, all of which must be connected and functional. Table 23-1E Land Use Process for Siting Oil and Gas Production Facilities Zone R- 1 R-2 R-3 R-4 R-5 C- 1 C-2 C-3 C-4 I- 1 I-2 I-3 E PUD A Application USR USR USR USR USR USR USR USR USR USR SPR SPR USR ** UBR UBR UBR UBR *** * * * USR — Use by Special Review. SPR — Site Plan Review. UBR — Use by Right. * -Exempt from Site Plan Review (SPR) **— PUD — Called out by Zone District Requirements, unless specifically addressed in PUD application as a UBR. te *** A (Ag) - SPR may be required depending upon size of facility. See Table 23.3. PLANNING AREA: Is defined as the area within one ( 1 : mile of any municipal boundary or is identified as "Prime Farmland" and/or "Irrigated Land" as provided appendix 23-G, County Planning Area Map. TANK BATTERY: One (: ) or more storage TANKS wiic i receive and store of , gas and/or water direct y from and as it is produced by a well. -All references to TANK BATTERY will now reference TANK: TANK: shall mean a stationary vessel that is used to contain fluids, constructed of non-earthen materials (e.g. concrete, steel, plastic, etc.) that provide structural support and which receive and store oil, gas and/or water directly from and as it is produced by a well. Sec. 23-2-150. Intent and applicability. B. A Site Plan Review is required for USES in the following Zone Districts: A- 1 (Concentrated Animal), Residential R-2, R-3 and R-4 Zone Districts (except for those uses containing a single-family dwelling unit or duplex units where the two (2) units are not held in separate ownership), all Commercial Zone Districts, all Industrial Zone Districts, and any PUD Districts where a use would require a site plan review in an R-4, Commercial or Industrial Zone District, and certain OIL AND GAS PRODUCTION FACILITIES located in the A (Agricultural) Zone District (see Table 23.3). E. No Site Plan Review shall be required for: 4. Certain OIL AND GAS PRODUCTION FACILITIES located in the A (Agricultural) Zone District (see Table 23.3). Sec. 23-3-20. Uses allowed by right. No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the A (Agricultural) Zone District except for one ( 1 ) or more of the following USES. Land in the A (Agricultural) Zone District is subject to the schedule of bulk requirements contained in Section 23-3-50 below. USES within the A (Agricultural) Zone District shall also be subject to the additional requirements contained in Articles IV and V of this Chapter. I. OIL AND GAS PRODUCTION FACILITIES. All OIL AND GAS PRODUCTION FACILITIES in the A (Agricultural) Zone District require a Site Plan Review, and are subject to all of the Site Plan Review requirements outlined in Article II, Division 3, of this Chapter, unless otherwise exempted according to the following Table 23.3. Table 23.3 Site Plan Review Requirement for Oil and Gas Production Facilities Is a Site Plan Review ("SPR ") Required? Number of Fewer than 12 Between 12 and Between 33 and 48 TANKS, or More than 48 TANKS or TANKS, or 32 TANKS, or between the equivalent of TANKS, or more equivalent less than the between the 16,001 and 24,000 barrels of than 24,000 barrels barrels of equivalent of equivalent of storage capacity. of storage capacity. storage 6,000 barrels of MOO and 16,000 capacity. storage barrels of storage capacity. capacity. SPR No. Yes, unless the Yes, unless the Board of Yes, unless the Ya I required? Board of County County Commissioners has Board of County Commissioners accepted the Oil and Gas Commissioners has has accepted the Operator's LONG RANGE accepted the Oil and Oil and Gas DEVELOPMENT PLAN, and: Gas Operator's Operator's LONG LONG RANGE RANGE (1) the OIL AND GAS DEVELOPMENT DEVELOPMENT PRODUCTION FACILITY is PLAN, and the PLAN. not located within a Director of PLANNING AREA; or Planning Services has waived the SPR 2) the OIL AND GAS requirement. The PRODUCTION FACILITY is Director may do so located within a PLANNING if he or she finds the AREA, and the Director of OIL AND GAS Planning Services waives the PRODUCTION SPR requirement because he or FACILITY is she finds that the OIL AND compatible with GAS PRODUCTION surrounding uses. FACILITY is compatible with surrounding uses; or (3) the number of TANKS will be reduced to 32 or fewer than, or the equivalent of 16,000 barrels of storage capacity within one (1) year after initial installation. PROPOSED MODIFICATIONS TO THE WELD COUNTY CODE (WCC) CHAPTER TO 13E MODIFIED: Chapter 23, Zoning DIVISION OR ARTICLE TO BE MODIFIED: Article III SECTION(S) PROPOSED TO BE MODIFIED: Section 23-3-20.V and Section 23-3- 20.W, Section 23- 1 -90, Section 23-3-310.B.8, Section 23-3-320.B.8 and Section 23-3-330.B. 10 RATIONALE FOR MOI) I h' I CATION : This code change would direct people to the correct section of the code. g P P P R POS E I) MODIFICATION(S): Sec. 23-3-20.V and Sec. 23-3-20.W V. Disposal of domestic sewage sludge subject BIOSOLIDS subject to the additional requirements of Article-IV VII, Division 6 of this Chapter 14. W. Disposal of DOMESTIC SEPTAGE DOMESTIC SEPTIC SLUDGE subject to the additional requirements of Article- VIAL, Division 7 of this _Chapter 14. Sec. 23-3-310.B.8 8. Disposal of domestic sewage sludge DOMESTIC SEPTAGE subject to the additional requirements of Article VI IV, Division 6 of this Chapter 14. Sec. 23-3-320.B.8 8. Disposal of domestic sewage sludge DOMESTIC SEPTAGE subject to the additional requirements of Article VI-IV, Division 6 of this Chapter 14. Sec. 23-3-330.B.10 10. Disposal of domestic sewage sludge DOMESTIC SEPTAGE subject to the additional requirements of Article VI IV, Division 6 of this Chapter 14. Sec. 23-1-90 DOMESTIC SEPTA GE- liquid or solid material removed from a septic tank, cesspool, portable toilet, Type III marine sanitation device or similar treatment works that receives only domestic sewage. Domestic septage does not include liquid or solid material removed from a septic tank., cesspool or similar treatment works that receives either commercial wastewater or industrial wastewater and does not include grease removed from a grease trap at a restaurant. BIOSOLIDS- the accumulated treated residual product resulting from a domestic wastewater treatment works. Biosolids does not include grit or screenings from a wastewater treatment works, commercial or industrial sludges (regardless of whether the sludges are combined with domestic sewage), sludge generated during treatment of drinking water or domestic or industrial septage. DOMESTIC SEPTIC SLUDGE: Liquid, semi liquid or solid waste pumped from septic tanks, vaults, waste _zo_ding tanks anc similar STRUCTURES w zic_i wou c be pumped and transported for final disposa by a licensee County septic tani c caner. This definition cocs not include _zazardous waste, industrial waste w:1ic 1 is toxic or hazardous, infectious, _zigmy putrescib .e or waste that contains more t zan one percent ( 1 %) petro eum 'zydrocarbons by vo ume. Septic sludge under this definition may not contain more flan fifteen percent ( . 5%) raw sewage by volume. PROPOSED MODIFICATIONS TO THE WELD COUNTY CODE (WCC) CHAPTER TO BE MODIFIED: Chapter 23, Zoning DIVISION OR ARTICLE TO BE MODIFIED: Article III SECTION(S) PROPOSED TO BE MODIFIED: Section 23-3-30.L RATIONALE FOR MODIFICATION: This code change would direct people to the correct section of the code. PROPOSED MODIFICATION(S): Sec. 23-3-30.L L. Semi-trailer used as accessory storage. One (1 ) semi-trailer used as accessory storage may be permitted on lots in an approved or recorded subdivision plat, or LOTS which are part of a map or plan filed prior to the adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, according to the procedure and zoning permit requirements outlined in Section 23-4-900 of this Chapter for the purpose of storing goods inside the unit. Up to two (2) semi-trailers may be used as accessory storage on agricultural parcels not in an approved or recorded subdivision plat, or LOTS which are part of a map or plan filed prior to the adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, without a zoning permit. Additional semi-trailers used as accessory storage may be allowed on all lot sizes and types, as described in Subsection 23-3-40.0 V below. PROPOSED MODIFICATIONS TO THE WELD COUNTY CODE (WCC) CHAPTER TO BE MODIFIED: Chapter 23, Zoning DIVISION OR ARTICLE TO BE MODIFIED: Article III SECTION(S) PROPOSED TO BE MODIFIED: Section 23-3-30.M RATIONALE FOR MODIFICATION: This code change would direct people to the correct section of the code. PROPOSED MODIFICATION(S): Sec. 23-3-30.M M. COMMERCIAL VEHICLES. Parking and operation of one ( 1 ) COMMERCIAL VEHICLE may be permitted on lots in an approved or recorded subdivision plat, or LOTS which are part of a map or plan filed prior to the adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, according to the procedure and zoning permit requirements outlined in Section 23-4-950 of this Chapter. Parking and operation of one ( 1 ) COMMERCIAL VEHICLE may be allowed on property of less than eighty (80) acres in size, when not a LOT in an approved or recorded subdivision or a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions, without a zoning permit. Without the appropriate land use permits, only one ( 1 ) tractor trailer and one ( 1 ) two-rear-axle vehicle are permitted on a parcel of land less than eighty (80) acres. Parking and operation of up to five (5) COMMERCIAL VEHICLES may be allowed on property equal to or greater than eighty (80) acres in size when used to haul agricultural goods, equipment or livestock, as long as the number of trips does not exceed sixty (60) per day to and from the property. No additional COMMERCIAL VEHICLES are allowed, unless part of a commercial or industrial USE otherwise permitted by Subsection 23-3-40.RS below. PROPOSED MODIFICATIONS TO THE WELD COUNTY CODE (WCC) CHAPTER TO BE MODIFIED: Chapter 23, Zoning DIVISION OR ARTICLE TO BE MODIFIED: Article III SECTION(S) PROPOSED TO BE MODIFIED: Section 23-3-40.EE RATIONALE FOR MODIFICATION: This code change would direct people to the correct section of the code. PROPOSED MODIFICATION(S): Sec. 23-3-40.EE EE. WIND GENERATORS requiring the issuance of Use-by-Special Review Permit, as per Chapter 23, Article II, Division 4, and Chapter 23, Article IV, Division-4 2 6, of this Code. Also make the change from Division 12 to Division 6 in the following Weld County code sections: 23-3-30. N 23-3-210.C.5 23-3-210.D. 10 23-3-220.C.5 23-3-220.D.8 23-3-230.C.5 23-3-230.D.9 23-3-240.C.8 23-3-240.D.4 23-3-310.C.8 23-3-310.D.7 23-3-320.C.8 23-3-320.D. 14 23-3-330.C.8 23-3-330.D. 15 PROPOSED MODIFICATIONS TO THE WELD COUNTY CODE (WCC) CHAPTER TO BE MODIFIED: Chapter 23, Zoning DIVISION OR ARTICLE TO BE MODIFIED: Article III SECTION(S) PROPOSED TO BE MODIFIED: Section 23-3-50.E and Section 23-3- 440.L RATIONALE FOR MODIFICATION: This code change makes this consistent with the adopted Weld County building codes. PROPOSED MODIFICATION(S): Sec. 23-3-50.E No BUILDING or STRUCTURE, as defined and limited to those occupancies listed as Groups I A, B, E, F, H, I, M and R in Section 302. 1 of the 2003 12 International Building Code, shall be constructed within a two-hundred-foot radius of any tank battery, within a one-hundred-fifty-foot radius of any wellhead or within a twenty-five-foot radius of any plugged or abandoned oil and gas well. Any construction within a two-hundred-foot radius of any tank battery or one-hundred- fifty-foot radius of any wellhead shall require a variance from the terms of this Chapter in accordance with Subsection 23-6-10.C of this Code. Sec. 23-3-440.L No BUILDING or STRUCTURE, as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M, R, S and U in Section 302. 1 of the 200312 International Building Code, shall be constructed within a two-hundred-foot radius of any tank battery, within a one-hundred-fifty- foot radius of any wellhead or within a twenty-five-foot radius of any plugged or abandoned oil and gas well. Any construction within a two-hundred-foot radius of any tank battery or one- hundred-fifty-foot radius of any wellhead shall require a variance from the terms of this Chapter in accordance with Subsection 23-6-10.C of this Code. PROPOSED MODIFICATIONS TO THE WELD COUNTY CODE (WCC) CHAPTER TO BE MODIFIED: Chapter 23, Zoning DIVISION OR ARTICLE TO BE MODIFIED: Article III SECTION(S) PROPOSED TO BE MODIFIED: Section 23-3-50.F RATIONALE FOR MODIFICATION: This code change would allow the ability of not only landscaping but also screening to be used as a method of compatibility which is consistent with the requirements of land use applications. PROPOSED MODIFICATION(S): Sec. 23-3-50.F Landscape and/or screening criteria may be based upon compatibility with existing adjacent lots and land uses. PROPOSED MODIFICATIONS TO THE WELD COUNTY CODE (WCC) CHAPTER TO BE MODIFIED: Chapter 23, Zoning DIVISION OR ARTICLE TO BE MODIFIED: Article III SECTION(S) PROPOSED TO BE MODIFIED: Section 23-4-990.C.5 and Section 23-4-990.C.6 RATIONALE FOR MODIFICATION: This code change would direct people to the correct section of the code. PROPOSED MODIFICATION(S): Sec. 23-4-990.C.5 5. When, in the opinion of the Department of Planning Services, an applicant has not met one ( 1 ) or more of the standards of Paragraphs 23 4 970- 23-4-990 .D. 1 through 8 and/or negative responses are received from at least thirty percent (30%) of the surrounding property owners within five hundred (500) feet of the subject property, a hearing shall be scheduled before the Board of County Commissioners. Sec. 23-4-990.C.6 6. The Board of County Commissioners shall hold a public hearing to consider the permit application and to take final action thereon if the Planning Staff has determined that the application has not met the standards of Paragraphs 23 4 970. 23-4-990.D. 1 through 8. The Board of County Commissioners' decision shall consider the recommendation of the Planning Staff, referral agency responses, the application case file and facts presented at the public hearing. The Board of County Commissioners shall approve the permit unless it finds that the applicant has not met one ( 1 ) or more of the standards as listed in Section 23 4 970 23-4-990. BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION I RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Jason Maxey, that the following resolution be introduced for denial by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: ORDINANCE 2013-15 PRESENTED BY: TOM PARKO REQUEST: WELD COUNTY CODE ORDINANCE #2013-11, IN THE MATTER OF REPEALING AND RE-ENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING,OF THE WELD COUNTY CODE. be recommended unfavorably to the Board of County Commissioners. Motion seconded by Jordan Jemiola. VOTE: For Denial Against Denial Absent Benjamin Hansford Bret Elliott 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 December 17, 2013. Dated the 17`h of December, 2013. /� Q� � Digitally signed by Kristine 9 X11,6 /1 y X�t/iatuYt, Ranslem Date:2013.12.20 15:49:05-07'00' Kristine Ranslem Secretary EXHIBIT I 0?o/3-3yGS- Sec. 23-1-90. Definitions. For the purposes of this Chapter, certain terms or words used herein shall be interpreted as defined in this Section. The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall have the meanings stated in this Section: , , infectious, highly putrescible or waste that contains more than one percent ( 1 %) petroleum hydrocarbons by volume. 0 DOMESTIC SEPTAGE- liquid or solid material removed from a septic tank, cesspool, portable toilet, Type III marine sanitation device or similar treatment works that receives only domestic sewage. Domestic septage does not include liquid or solid material removed from a septic tank, cesspool or similar treatment works that receives either commercial wastewater or industrial wastewater and does not include grease removed from a grease trap at a restaurant. BIOSOLIDS- the accumulated treated residual product resulting from a domestic wastewater treatment works. Biosolids does not include grit or screenings from a wastewater treatment works, commercial or industrial sludges (regardless of whether the sludges are combined with domestic sewage), sludge generated during treatment of drinking water or domestic or industrial septage. LONG RANGE DEVELOPMENT PLAN: A written plan which identifies Best Management Practices and an Emergency Operations Plan. The LONG RANGE DEVELOPMENT PLAN needs to be accepted by the Board of County Commissioners no later than February 15 of any given calendar year. Amendments to the plan can be made throughout the calendar year. A template for this form is available from the Department of Planning Services. OIL AND GAS PRODUCTION FACILITIES: Consist of the oil or gas well, pumps, heater treaters, separators, meters, compressors, TANKS BATTERY and other equipment directly associated with the producing well, all of which must be connected and functional. Table 23-1E Land Use Process for Siting Oil and Gas Production Facilities Zone R- 1 R-2 R-3 R-4 R-5 C-1 C-2 C-3 C-4 1- 1 1-2 1-3 E PUI) A Application USR I. SR USR USR USR USR USR USR USR USR S-P- SPR USR * * UIBR UBR 11I3R U [3R *** * * * USR — Use by Special Review SPR — Site Plan Review UBR — Use by Right * - Exempt from Site Plan Review (SPR) **PUD — Callouted by Zone District Requirements, unless specifically addressed in PUD application as a UBR ***A (Ag) — SPR may be required depending upon size of facility. See Table 23.3 PLANNING AREA: Is defined as the area within one ( 1 ) mile of any municipal boundary or is identified as "Prime Farmland" and/or "Irrigated Land" as provided in appendix 23-G, County Planning Area Map. T4NK: shall mean a stationary vessel that is used to contain fluids, constructed of non-earthen materials (e.g. concrete, steel, plastic, etc.) that provide structural support and which receive and store oil, gas and/or water directly from and as it is produced by a well. TANK BA77ERY: One ( I ) or more storage tanks w iic i receive anc store of or gas cirect y from anc as it is produced by a well. (All references to TANK BATTERY will now reference TANK) Division 3 Site Plan Review Sec. 23-2-150. Intent and applicability. B. A Site Plan Review is required for USES in the following Zone Districts: A- 1 (Concentrated Animal), Residential R-2, R-3 and R-4 Zone Districts except for those uses containing a single-family dwelling unit or duplex units where the two (2) units are not held in separate ownership, all Commercial Zone Districts, all Industrial Zone Districts, and any PUD Districts where a use would require a site plan review in an R-4, Commercial or Industrial Zone District and certain OIL AND GAS PRODUCTION FACILITIES located in the A (Agricultural) Zone District (see Table 23.3). E. No Site Plan Review shall be required for: 1 . Normal repairs and maintenance of an existing building or structure. 2. Alterations which do not affect more than twenty-five percent (25%) of the external dimensions of an existing building or structure unless such alterations are made to change the USE or type of occupancy within part or all of the altered BUILDING or STRUCTURE. 3. Signs, fencing, oil and gas production facilities in the 1-3 (Industrial) Zone District, TEMPORARY STRUCTURES such as, but not limited to, those used for the sale of fireworks or the TEMPORARY sale of Christmas trees. 4. Certain OIL AND GAS PRODUCTION FACILITIES located in the A (Agricultural) Zone District (see Table 23.3). Sec. 23-3-20. Uses allowed by right. No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the A (Agricultural) Zone District except for one ( I ) or more of the following USES. Land in the A (Agricultural) Zone District is subject to the schedule of bulk requirements contained in Section 23-3-50 below. USES within the A (Agricultural) Zone District shall also be subject to the additional requirements contained in Articles IV and V of this Chapter. 1. OIL AND GAS PRODUCTION FACILITIES. All OIL AND GAS PRODUCTION FACILITIES in the A (Agricultural) Zone District require a Site Plan Review, and are subject to all of the Site Plan Review requirements outlined in Article II, Division 3, of this Chapter, unless otherwise exempted according to the following Table 23.3. Table 23.3 Site Plan Review Requirement for Oil and Gas Production Facilities Is a Site Plan Review ("SPR ') Required? Number of Fewer than 12 Between 12 and Between 33 and 48 TANKS, or More than 48 TANKS or TANKS, or 32 TANKS, or between the equivalent of TANKS, or more equivalent less than the between the 16,001 and 24,000 barrels of than 24,000 barrels barrels of equivalent of equivalent of storage capacity. of storage capacity. storage 6,000 barrels of 6,000 and 16,000 capacity. storage barrels of storage capacity. capacity. SPR No. Yes, unless the Yes, unless the Board of Yes, unless the required? Board of County County Commissioners has Board of County Commissioners accepted the Oil and Gas Commissioners has has accepted the Operator's LONG RANGE accepted the Oil and Oil and Gas DEVELOPMENT PLAN, and: Gas Operator's Operator's LONG LONG RANGE RANGE ( 1 ) the OIL AND GAS DEVELOPMENT DEVELOPMENT PRODUCTION FACILITY is PLAN, and the PLAN. not located within a Director of PLANNING AREA; or Planning Services has waived the SPR 2) the OIL AND GAS requirement. The PRODUCTION FACILITY is Director may do so located within a PLANNING if he or she finds the AREA, and the Director of OIL AND GAS Planning Services waives the PRODUCTION SPR requirement because he or FACILITY is she finds that the OIL AND compatible with GAS PRODUCTION surrounding uses. FACILITY is compatible with surrounding uses; or (3) the number of TANKS will be reduced to 32 or fewer than, or the equivalent of 16,000 barrels of storage capacity within one ( 1 ) year after initial installation. V. Disposal of domestic sewage sludge BIOSOLIDS subject to the additional requirements of Article 1-V VII, Division 6 of this Chapter 14. W. Disposal of DOMESTIC SEPTIC SLUDGE DOMESTIC SEPTAGE subject to the additional requirements of Article VI, Division 7 of this Chapter 14. Sec. 23-3-30. Accessory uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the A (Agricultural) Zone District so long as they are clearly incidental and ACCESSORY to the Uses Allowed by Right in the A (Agricultural) Zone District. Such BUILDINGS, STRUCTURES and USES must be designed, constructed and operated in conformance with the bulk requirements contained in Section 23-3-50 below. ACCESSORY USES within the A (Agricultural) Zone District shall also be subject to the additional requirements contained in Articles IV and V of this Chapter. Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after the original effective date of this Chapter (August 25, 1981 ) on LOTS in an approved or recorded subdivision plat or LOTS part of a map or plan filed prior to adoption of any regulations controlling subdivisions of less than ten ( 10) acres shall not exceed four percent (4%) of the total lot area, except in Regional Urbanization Areas, which shall adhere to RUA development standards. However, in no case shall such an accessory building exceed twice the GROSS FLOOR AREA of the primary residence on the lot except by variance. Any accessory structure made nonconforming by application of this Section may be repaired, replaced or restored in total. L. Semi-trailer used as accessory storage. One ( 1 ) semi-trailer used as accessory storage may be permitted on lots in an approved or recorded subdivision plat, or LOTS which are part of a map or plan filed prior to the adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, according to the procedure and zoning permit requirements outlined in Section 23-4-900 of this Chapter for the purpose of storing goods inside the unit. Up to two (2) semi-trailers may be used as accessory storage on agricultural parcels not in an approved or recorded subdivision plat, or LOTS which are part of a map or plan filed prior to the adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, without a zoning permit. Additional semi-trailers used as accessory storage may be allowed on all lot sizes and types, as described in Subsection 23-3-40.UV below. M. COMMERCIAL VEHICLES. Parking and operation of one ( I ) COMMERCIAL VEHICLE may be permitted on lots in an approved or recorded subdivision plat, or LOTS which are part of a map or plan filed prior to the adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, according to the procedure and zoning permit requirements outlined in Section 23-4-950 of this Chapter. Parking and operation of one ( 1 ) COMMERCIAL VEHICLE may be allowed on property of less than eighty (80) acres in size, when not a LOT in an approved or recorded subdivision or a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions, without a zoning permit. Without the appropriate land use permits, only one ( 1 ) tractor trailer and one (1 ) two-rear-axle vehicle are permitted on a parcel of land less than eighty (80) acres. Parking and operation of up to five (5) COMMERCIAL VEHICLES may be allowed on property equal to or greater than eighty (80) acres in size when used to haul agricultural goods, equipment or livestock, as long as the number of trips does not exceed sixty (60) per day to and from the property. No additional COMMERCIAL VEHICLES are allowed, unless part of a commercial or industrial USE otherwise permitted by Subsection 23-3-40.RS below. N. WIND GENERATORS, which may require the issuance of a Zoning Permit for WIND GENERATOR, as per Chapter 23, Article IV, Division 43 6, of this Code. Sec. 23-3-40. Uses by special review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the A (Agricultural) Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. EE. WIND GENERATORS requiring the issuance of Use-by-Special Review Permit, as per Chapter 23, Article II, Division 4, and Chapter 23, Article IV, Division -I-2 6, of this Code. Sec. 23-3-50. Bulk requirements. The following lists the bulk requirements for the A (Agricultural) Zone District. E. No BUILDING or STRUCTURE, as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302. 1 of the 200-312 International Building Code, shall be constructed within a two- hundred-foot radius of any tank battery, within a one-hundred-fifty-foot radius of any wellhead or within a twenty- five-foot radius of any plugged or abandoned oil and gas well. Any construction within a two-hundred-foot radius of any tank battery or one-hundred-fifty-foot radius of any wellhead shall require a variance from the terms of this Chapter in accordance with Subsection 23-6-10.C of this Code. F. Landscape and/or screening criteria may be based upon compatibility with existing adjacent lots and land uses. Sec. 23-3-210. C-I (Neighborhood Commercial) Zone District. C. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the C-I Zone District so long as they are clearly incidental and ACCESSORY to the Uses Allowed by Right. Such BUILDINGS, STRUCTURES and USES must be designed, constructed and operated in conformance with the performance standards contained in Section 23-3-250 below. ACCESSORY USES within the C- 1 Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. 5. WIND GENERATORS, which may require the issuance of a Zoning Permit for WIND GENERATOR, as per Chapter 23, Article IV, Division -1-2 6, of this Code. D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the C- 1 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. 10. WIND GENERATORS requiring the issuance of Use-by-Special Review Permit, as per Chapter 23, Article II, Division 4, and Chapter 23, Article IV, Division 1-2 6, of this Code. Sec. 23-3-220. C-2 (General Commercial) Zone District. C. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the C-2 Zone District so long as they are clearly incidental and ACCESSORY to the Uses Allowed by Right. Such BUILDINGS, STRUCTURES and USES must be designed, constructed and operated in conformance with the performance standards contained in Section 23-3-250 below. ACCESSORY USES within the C-2 Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. 5. WIND GENERATORS, which may require the issuance of a Zoning Permit for WIND GENERATOR, as per Chapter 23, Article IV, Division -I-2 6, of this Code. D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the C-2 Zone District upon approval of a permit in accordance with the requirements of Article II, Division 4 of this Chapter. 8. WIND GENERATORS requiring the issuance of Use-by-Special Review Permit, as per Chapter 23, Article II, Division 4, and Chapter 23, Article IV, Division -1-2 6, of this Code. Sec. 23-3-230. C-3 (Business Commercial) Zone District. C. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the C-3 Zone District so long as they are clearly incidental and ACCESSORY to the Uses Allowed by Right. Such BUILDINGS, STRUCTURES and USES must be designed, constructed and operated in conformance with the performance standards contained in Section 23-3-250 below. ACCESSORY USES within the C-3 Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. 5. TELECOMMUNICATION ANTENNA TOWERS, which require the issuance of a Zoning Permit for a TELECOMMUNICATION ANTENNA TOWER subject, to the provisions of Article IV, Division -1-0 6 of this Chapter. D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the C-3 Zone District upon approval of a permit in accordance with the requirements of Article II, Division 4 of this Chapter. 9. WIND GENERATORS requiring the issuance of Use-by-Special Review Permit, as per Chapter 23, Article II, Division 4, and Chapter 23, Article IV, Division X22 6, of this Code. Sec. 23-3-240. -C 4 (Highway Commercial) Zone District. C. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the C-4 Zone District so long as they are clearly incidental and ACCESSORY to the Uses Allowed by Right. Such BUILDINGS, STRUCTURES and USES must be designed, constructed and operated in conformance with the performance standards contained in Section 23-3-250 below. ACCESSORY USES within the C-4 Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. 8. WIND GENERATORS, which may require the issuance of a Zoning Permit for WIND GENERATOR, as per Chapter 23, Article IV, Division 4-2 6, of this Code. D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the C-4 Zone District upon approval of a permit in accordance with the requirements of Article II, Division 4 of this Chapter: 4. WIND GENERATORS requiring the issuance of Use-by-Special Review Permit, as per Chapter 23, Article II, Division 4, and Chapter 23, Article IV, Division 1-2 6, of this Code. Sec. 23-3-310. 1-1 (Industrial) Zone District. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used in the I-I Zone District, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained, except for one ( 1 ) or more of the following USES. The USES must be conducted in compliance with the Performance Standards contained in Sections 23-3-340, 23-3-350 and 23-3-360 below. 8. Disposal of domestic sewage sludge DOMESTIC SEPTAGE subject to the additional requirements of Article IV VI, Division 6 of this Chapter 14. C. Accessory Uses. The BUILDINGS, STRUCTURES and USES may be allowed in the I- 1 Zone District so long as they are incidental and ACCESSORY to the Uses Allowed by Right. Such BUILDINGS, STRUCTURES and USES must be designed, constructed and operated in conformance with the performance standards set forth in Sections 23-3-340, 23-3-350 and 23-3-360 below. 8. WIND GENERATORS, which may require the issuance of a Zoning Permit for WIND GENERATOR, as per Chapter 23, Article IV, Division -1-2 6, of this Code. D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied or maintained in the I- 1 Zone District upon the approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4, of this Chapter. 7. WIND GENERATOR(S) requiring the issuance of Use-by-Special Review Permit, as per Chapter 23, Article II, Division 4, and Chapter 23, Article IV, Division -1-2 6, of this Code. Sec. 23-3-320. I-2 (Industrial) Zone District. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained, except for one ( 1 ) or more of the following USES which must be conducted in compliance with the performance standards contained in Sections 23-3-340, 23-3-350 and 23-3-360 below. 8. Disposal of domestic sewage sludge DOMESTIC SEPTAGE subject to the additional requirements of Article IV VI, Division 6 of this Chapter 14. C. Accessory Uses. The following BUILDINGS, STRUCTURES and USES may be allowed in the I-2 Zone Districts so long as they are clearly incidental and ACCESSORY to the Use Allowed by Right. Such BUILDINGS, STRUCTURES and USES must be designed, constructed and operated in conformance with the performance standards set forth in Sections 23-3-340, 23-3-350 and 23-3-360 below. 8. WIND GENERATORS, which may require the issuance of a Zoning Permit for WIND GENERATOR, as per Chapter 23, Article IV, Division -1-2 6, of this Code. D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied or maintained in the I-2 Zone District upon the approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. 14. WIND GENERATOR(S) requiring the issuance of Use-by-Special Review Permit, as per Chapter 23, Article II, Division 4, and Chapter 23, Article IV, Division 44 6, of this Code. Sec. 23-3-330. 1-3 (Industrial) Zone District. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained, except for one ( I ) or more of the following USES which must be conducted in compliance with the performance standards contained in Sections 23-3-340, 23-3-350 and 23-3-360 below. 10. Disposal of domestic sewage sludge DOMESTIC SEPTAGE subject to the additional requirements of Article IV VI, Division 6 of this Chapter 14. C. Accessory Uses. The following BUILDINGS, STRUCTURES and USES may be allowed in the I-3 Zone Districts so long as they are clearly incidental and accessory to the Use Allowed by Right. Such BUILDINGS, STRUCTURES and USES must be designed, constructed and operated in conformance with the performance standards set forth in Sections 23-3-340, 23-3-350 and 23-3-360 below. 8. WIND GENERATORS, which may require the issuance of a Zoning Permit for WIND GENERATOR, as per Chapter 23, Article IV, Division 4-2 6, of this Code. D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied or maintained in the 1-3 Zone District upon the approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. 15. WIND GENERATORS requiring the issuance of Use-by-Special Review Permit, as per Chapter 23, Article II, Division 4, and Chapter 23, Article IV, Division 6, of this Code. Sec. 23-3-440. Bulk requirements. The following Subsections list the bulk requirements for the E Zone District. L. No BUILDING or STRUCTURE, as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M, R, S and U in Section 302. 1 of the 200312 International Building Code, shall be constructed within a two- hundred-foot radius of any tank battery, within a one-hundred-fifty-foot radius of any wellhead or within a twenty- five-foot radius of any plugged or abandoned oil and gas well. Any construction within a two-hundred-foot radius of any tank battery or one-hundred-fifty-foot radius of any wellhead shall require a variance from the terms of this Chapter in accordance with Subsection 23-6- 10.C of this Code. Division 13 Home Occupation — Class II Permits Sec. 23-4-990. Home Occupation — Class II permit requirements. C. Duties of Department of Planning Services and Board of County Commissioners. I . The Board of County Commissioners delegates the authority and responsibility for processing and approving the zoning permit to the Department of Planning Services. The Department of Planning Services shall also have the responsibility of ensuring that all application submittal requirements are met prior to initiating any official action. Once a complete application is submitted, the Department of Planning Services shall send the application to referral agencies for review and comment, if applicable. The agencies shall respond within twenty-eight (28) days after the application is mailed. The failure of any agency to respond within twenty-eight (28) days may be deemed a favorable response. All referral agency review comments are considered recommendations to the County. The authority and responsibility for approval and denial of a zoning permit rests with the County. 2. The Department of Planning Services shall refer the application to any agencies or individuals whose review the Department of Planning Services or the Board of County Commissioners deems necessary. 3. The Department of Planning Services has sent notice and has not received signed notification from at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of the subject property in opposition to the location of the commercial vehicle. If opposed, the petition shall indicate that the surrounding property owners who have signed the notification have objections to the issuance of a zoning permit for the Home Occupation. 4. The County Planner shall prepare a permit/agreement within sixty (60) days of receipt of a complete application. The permit/agreement shall address all aspects of the application, including but not limited to comments received from agencies to which the proposal was referred and the standards contained in this Article. 5. When, in the opinion of the Department of Planning Services, an applicant has not met one ( I ) or more of the standards of Paragraphs 23 4 970 23-4-990.D. 1 through 8 and/or negative responses are received from at least thirty percent (30%) of the surrounding property owners within five hundred (500) feet of the subject property, a hearing shall be scheduled before the Board of County Commissioners. 6. The Board of County Commissioners shall hold a public hearing to consider the permit application and to take final action thereon if the Planning Staff has determined that the application has not met the standards of Paragraphs 23 4 970 23-4-990.D. 1 through 8. The Board of County Commissioners' decision shall consider the recommendation of the Planning Staff, referral agency responses, the application case file and facts presented at the public hearing. The Board of County Commissioners shall approve the permit unless it finds that the applicant has not met one ( 1 ) or more of the standards as listed in Section 23 4 970 23-4-990. 7. A permit/agreement shall be prepared after an application is approved and all conditions of approval have been met. The permit/agreement shall be submitted to the Department of Planning Services for recording in the office of the County Clerk and Recorder. /e'/s7/2/3d3 Commissioner Wailes asked if there is any historical traffic data since JBS used this as their center of transportation. Mr. Carroll said in 2008 the count was 781 vehicles per day, in 2011 there was 635 vehicles, in 2012 there was 998 vehicles and the most recent count was taken October 2013 with 774 vehicles per day. Mr. McKenna stated that the water depot site was originally dedicated to North Weld County Water District as they were going to build a water tower to provide water suppression. He indicated that they have talked with North Weld County Water District and they indicated that they will move the water depot to the east side of Highway 85. However, he added that he doesn't know when that will happen. Mr. McKenna said that when JBS was in full operation there were 1300 to 1400 head of cattle and they would feed up to 300 people in an on-site cafeteria along with all of the truck operation. He said that Rain For Rent is proposing traffic to be significantly less than what JBS operated at. 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 USR13-0050 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 = 9). Yes: Benjamin Hansford, Bret Elliott, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael Wailes, Nick Berryman. Commissioner Wailes commented that he doesn't see the amount of traffic the applicant is proposing is intense and feels that this project is a good use of the land. Commissioner Maxey said that the applicants have presented a good plan but he is concerned about the truck traffic. Commissioner Lawley concurred with Commissioner Maxey. CASE NUMBER: ORDINANCE 2013-15 PRESENTED BY: TOM PARKO REQUEST: WELD COUNTY CODE ORDINANCE #2013-11, IN THE MATTER OF REPEALING AND RE-ENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE. The Chair called a recess at 2:48 pm to allow staff to transition to the next case. The Chair reconvened the hearing at 2:55 pm. Tom Parko, Planning Services, presented Ordinance 2013-15. Before continuing with the proposed changes for the oil and gas facilities, Mr. Parko stated that the remainder of the proposed code changes are to clean up the code to direct individuals to the correct sections of the Weld County Code. Mr. Parko said that a lot of the oil and gas industry has changed from vertical to horizontal wells and consolidating their pads. He added that we are trying to be proactive to mitigate traffic, noise and other concerns with these large pad sites. Mr. Perko provided a brief outline of how the Site Plan process will work and that it will depend on the number of tanks located on site, if the oil and gas company has a Long Range Development Plan, etc. A meeting was held on December 13, 2013 with 40 oil and gas company representatives present. Mr. Parko said that staff explained the process and had some positive feedback from the oil and gas industry. Commissioner Jemiola asked if someone driving by would notice the difference from 12 to 20 tanks. Bob Choate, County Attorney, said that a 12 tank site is compared to 2 large hay bales. 3 Commissioner Wailes asked what the recourse is if a company does not wish to submit a Site Plan Review (SPR). Mr. Choate said that the site would go into violation and they would proceed with court hearings if they do not come into compliance. Commissioner Jemiola said that the industry can be creative and could install 11 tanks on each agricultural lot. He added that he feels that the number of tanks should be increased. Commissioner Maxey clarified if there is any surrounding property owner notice. Mr. Parko said no as it is not a county requirement on Site Plan Reviews or through the Long Range Development Plan. Mr. Maxey asked what happens if the Planning Director denies the Site Plan Review. Mr. Choate said that it can be appealed to the Board of County Commissioners. Mr. Maxey said that hypothetically if they are denied by the Board they could still put up 11 tanks on surrounding parcels, as described by Mr. Jemiola. Mr. Parko said that he doesn't anticipate the industry will be submitting many Site Plan Reviews because most of them will be submitting Long Range Development Plans. Commissioner Berryman said that this is still a Use by Right but he does see some advantages from the County's point of view. He said that he would be okay with increasing the number of tanks but he doesn't want to do anything that discourages a collection of tanks because that ultimately reduces surface impact. Commissioner Hansford said that the oil companies have gone leaps and bounds to be more friendly with the surrounding neighbors and communities. He believes these code changes are good. Commissioner Smock commented that if we get 80 tanks on one side of the roadway and 80 tanks on the other side of the roadway it won't look like farm property anymore; it will look more like industrial property. She added that she likes to see the oil and gas mitigate some of these issues when located closer to municipalities but in her area she hasn't seen anything to screen or mitigate these issues. Commissioner Elliott said that he feels we are fixing a problem that isn't there. Commissioner Jemiola agreed and added that if this is going to be a process then the minimum number of tanks needs to be increased for a use by right. Commissioner Sparrow commented that he would like to see the 1 mile notification to towns expanded to 3 miles. Commissioner Lawley added that it should be included for the unincorporated towns as well. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Jim Felton, Bill Barrett Corporation, said that they have had a good relationship with Weld County and appreciates the forward thinking. He said that as long as a procedure like this is more informational than procedural then it does address several concerns. The Long Range Development Plan helps to address many concerns. Mr. Felton asked about the Improvements Agreement that is included in the changes. Mr. Parko said that if a Site Plan Review is required then an Improvements Agreement would be required through the Public Works Department, if necessary. Mr. Felton asked if the Long Range Development Plan will require a majority vote by the Board of County Commissioners and further asked what happens if the Commissioners reject the plan. Mr. Choate said that if the plan is rejected then a Site Plan Review would be required. He added that if they have more questions regarding the plan then they might ask for another work session. Commissioner Elliott asked if this is a problem that needs to be addressed. Mr. Felton said that is the dilemma and understands that there are issues that need to be addressed but believes as long as it is informational and not procedural it is good. He added that staff should be commended for trying to come up with some mechanism that encourages exchange of information without burdening simple regulation. Troy Swain, PDC Energy, stated that at the last hearing they requested a continuation of this ordinance to be able to participate in the stakeholder meeting held on December 131°. He provided handouts of their proposed changes to the ordinance. 4 Mr. Swain said that staff has pointed out that they intend to clarifying where the cuts were made in numbers. The first request is under the Tank definition that the following sentence be added "partially buried water vaults used for the collection and storage of produced water and to drain water from crude TANKS shall not be counted as TANKS when determining oil and gas production facility size." He added that The second request is to add an off-ramp in the 2nd column if you have between 13 and 32 tanks that you still be allowed to proceed without a Site Plan Review if the total tank number will be reduced to 12 or less. Commissioner Jemiola said that these are reasonable requests. He added that he would like to change the first column to 30 or less tanks. The Chair asked if staff is aware of these requests. Mr. Parko replied yes and stated that they will bring these to the 2nd Reading of the Board of County Commissioners. Commissioner Jemiola stated that he believes the minimum number of tanks allowed as a use by right should be 20 tanks because other tanks could be counted towards that 12. He added that he would raise it to 30 tanks if everyone felt comfortable with that. Commissioner Berryman would agree with raising the minimum number but is unsure of what that number should be. Commissioner Maxey said that he doesn't want staff to feel that he is throwing this out the window but said that he isn't sure that he wants any code changes and asked what a recommendation from the Planning Commission does at this point if it has gone through the 1st Reading by the County Commissioners. Mr. Choate said that they appreciate the Planning Commission's recommendation very much and they have had 1st Readings on Ordinances that they have scrapped entirely in the past. The first reading is usually a consideration. Commissioner Jemiola agreed with Mr. Maxey in that they don't feel this requires a code change. Commissioner Elliott concurred with Mr. Maxey and Mr. Jemiola and added that he appreciated staff's work as well. Motion: Forward Ordinance 2013-15 to the Board of County Commissioners along with the Planning Commission's recommendation of denial, Moved by Jason Maxey, Seconded by Jordan Jemiola. Vote: Motion passed (summary: Yes = 7, No =2, Abstain = 0). Yes: Benjamin Hansford, Bret Elliott, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley. No: Michael Wailes, Nick Berryman. Commissioner Wailes commented that he originally had resistance to these changes but does see the value in it. He added that the major players are coming to the table with suggestions and they are finding some value in it. Commissioner Sparrow said that the oil and gas industry has the right to do these things and he thinks they are doing it responsibly. Commissioner Berryman said that there might be something beginning with the information sharing between the County and the development that occurs. He does think at some point a Site Plan Review might make sense for a very large facility. He isn't sure what the minimum limit should be but if we are going to adopt these changes he would still be in favor of that minimum requirement. Commissioner Jemiola said that he doesn't think the County would have much problem asking the industry for their future development plans. He added that if any proposed changes were to go through that the changes provided by PDC be strongly considered as well. He believes the minimum limit is way too low and is not something that needs to be regulated. Commissioner Maxey thanked PDC and Bill Barrett Corporation for coming in today. He believes it is the County's duty to maintain good relationships and it is the industry's responsibility to reciprocate that and want to have those open relationships with the County. He added that if these changes do get approved 5 that he would strongly recommend that the definition addition by PDC as well as the requested changes in the chart be considered by the Board of County Commissioners. Additionally, he said that the minimum number of tanks should be increased to allow for a little larger facility. 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. No one wished to speak. Meeting adjourned at 4:26 pm. Respectfully submitted, Kristine Ranslem Secretary 6 INVENTORY OF ITEMS FOR CONSIDERATION Applicant Weld County Case Number Ord2013-15 Submitted or Prepared Prior to At Hearing Hearing 1 PDC Summary of Requested Changes for Submittal to Weld Planning X Commission I hereby certify that the one items identified herein was submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. Michelle Martin,Planning Manager PDC Summary of Requested Changes for submittal to Weld Planning Commission Sec. 23-1-90. Definitions. TANK: shall mean a stationary vessel that is used to contain fluids, constructed of non-earthen materials (e.g. concrete, steel, plastic, etc.) that provide structural support and which receive and store oil, gas and/or water directly from and as it is produced by a well. Partially buried produced water vaults used for the collection and storage of produced water and to drain water from crude TANKS shall not be counted as TANKS when determining oil & gas production facility size. Table 23.3 Site Plan Review Requirement for Oil and Gas Production Facilities Proposed changes to the following column of Table: Is a Site Plan Review ("SPR ") Required? Number of Between 13 and Between 33 and 48 TANKS, or More than 48 TANKS or 12 or less 32 TANKS, or between the equivalent of TANKS, or more equivalent TANKS, or the between the 16,001 and 24,000 barrels of than 24,000 barrels barrels of equivalent of equivalent of storage capacity. of storage capacity. storage 6,000 barrels of 6,001and 16,000 capacity. storage barrels of storage capacity or less capacity. SPR No. Yes, unless the Yes, unless the Board of Yes, unless the required? Board of County County Commissioners has Board of County Commissioners accepted the Oil and Gas Commissioners has has accepted the Operator's LONG RANGE accepted the Oil and Oil and Gas DEVELOPMENT PLAN, and: Gas Operator's Operator's LONG LONG RANGE RANGE (1) the OIL AND GAS DEVELOPMENT DEVELOPMENT PRODUCTION FACILITY is PLAN, and the PLAN; or the not located within a Director of number of PLANNING AREA; or Planning Services TANKS will has waived the SPR 2) the OIL AND GAS requirement. The be reduced to PRODUCTION FACILITY is Director may do so 12 or fewer located within a PLANNING if he or she finds the than the AREA, and the Director of OIL AND GAS equivalent of Planning Services waives the PRODUCTION 6,000 barrels SPR requirement because he or FACILITY is of storage she finds that the OIL AND compatible with g GAS PRODUCTION surrounding uses. capacity or less FACILITY is compatible with within one (1 ) surrounding uses; or year after initial (3) the number of TANKS will installation. be reduced to 32 or fewer than, or the equivalent of 16,000 barrels of storage capacity within one (1) year after initial installation. EXHIBIT Or - I6 411kv. 41 4.\\1/4 , . i. :. * '' l ...n' t.i..t v y - ' - - , .' .. . I..i.•♦-`11'11';+♦' .' a ill :t.i J J ., 1. li } X 1 1 l!. 1 >' . -Tit y... , • .+H1Y "" r ♦t 1t` I1 . r• it • 1 V . y `- 1 a M. r m A h.• d i NiNsivite: . • ' Yt I. t r 4, N. . '.7.4\%Ntis,.. .. . . • N • y i _r,a-`av� t A. '1 I I r, l -“K . I,4 IrtV r,,fii. ,i ANtiiiiiii .4.:_4.1 r 1 1 ... //'rr +1W r S Ll I, P• ern ` 'yam. ;I 1 Mr tii i .. .. 4 r 1 j t.. : art! -. 1 �- ip , *., PROPOSED MODIFICATIONS . TO THE WELD COUNTY CODE (WCC) CHAPTER TO BE MODIFIED: Chapter 23, Zoning DIVISION OR ARTICLE TO BE MODIFIED: Article III SECTION(S) PROPOSED TO BE MODIFIED: Section 23- 1 -90, Section 23-2-150, Section 23-3-20 RATIONALE FOR MODIFICATION: This code change allows planning to review the oil and gas production facility if the production company does not have a long range development plan or if the proposed facility does not meet the intent of the accepted long range development plan. PROPOSED MODIFICATION(S): Sec. 23-1-90 Sec. 23-1-90. Definitions. For the purposes of this Chapter, certain terms or words used herein shall be interpreted as defined in this Section. The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall have the meanings stated in this Section: LONG RANGE DEVELOPMENT PLAN: A written plan which identifies Best Management Practices and an Emergency Operations Plan. The LONG RANGE DEVELOPMENT PLAN needs to he accepted by the Board of County Commissioners no later than February 15 of any given calendar year. Amendments to the plan can he made throughout the calendar year. A template for this form is available from the Department of Planning Services. OIL AND GAS PRODUCTION FACILITIES: Consist of the oil or gas well, pumps, heater treaters, separators, meters, compressors, TANKS BATTERY and other equipment directly associated with the producing well, all of which must be connected and functional. Table 23-1E Land Use Process for Siting Oil and Gas Production Facilities Zone R-1 R-2 R-3 R-4 R-5 C-1 C-2 C-3 C-4 I-1 I-2 1-3 E PUD A Appl cation USR USR USR USR USR USR USR USR USR USR SIR SPR USR ** UBR UBIZ I JBR UBR USR — Use by Special Review. SPR — Site Plan Review. UBR — Use by Right. I . * -Exempt from Site Plan Review (SPR) **— PUD —Called out by Zone District Requirements, unless specifically addressed in PUD application as a UBR. V &NA It **'` A (Ag) — SPR may be required depending upon size of facility. See Table 23.3. PLANNING AREA: Is defined as the area within one ( 1 ) mile of any municipal boundary or is identified as "Prime Farmland" and/or "Irrigated Land" as provided appendix 23-G. County Plainnins' Area Map. —AN< BA-TciRY: One ( ) or more storage TANKS w rich receive ant store of . gas anclor water cirect y from and as it is produced by a well. All references to TANK BATTERY will now reference TANK: TANK: shall mean a stationary vessel that is used to contain fluids, constructed of non-earthen materials (e.g. concrete, steel, plastic, etc.) that provide structural support and which receive and store oil, gas and/or water directly from and as it is produced by a well. Partially buried produced water vaults used for the collection and storage of produced water and to drain water from crude TANKS shall not he counted as TANKS when determining oil & gas production facility size. Sec. 23-2-150. Intent and applicability. B. A Site Plan Review is required for USES in the following Zone Districts: A-1 (Concentrated Animal), Residential R-2, R-3 and R-4 Zone Districts £except for those uses containing a single-family dwelling unit or duplex units where the two (2) units are not held in separate ownershiF", all Commercial Zone Districts, all Industrial Zone Districts, and any PUD Districts where a use would require a site plan review in an R-4, Commercial or Industrial Zone District. and certain OII. AND GAS PRODUCTION FACILITIES located in the A (Agricultural) /.one District (see Table 23.3). E. No Site Plan Review shall be required for: 4. Certain OIL ANI) GAS PRODUCTION FACILITIES located in the A (A2ricultural) Zone District (see Table 23.3). Sec. 23-3-20. Uses allowed by right. No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the A (Agricultural) Zone District except for one (1) or more of the following USES. Land in the A (Agricultural) Zone District is subject to the schedule of bulk requirements contained in Section 23-3-50 below. USES within the A (Agricultural) Zone District shall also be subject to the additional requirements contained in Articles IV and V of this Chapter. I. OIL AND GAS PRODUCTION FACILITIES. All OIL AND GAS PRODUCTION FACILITIES in the A (Agricultural) Zone District require a Site Plan Review. and are subject to all of the Site Plan Review requirements outlined in Article II, Division 3. of this Chapter. unless otherwise exempted according to the following Table 23.3. Table 23.3 Site Plan Review Requirement for Oil and Gas Production Facilities Is a Site Plan Review ("SPR") Required? Number of Between ---?13 and Between 33 and 48 TANKS. or More than 48 Formatted: Comment Text, Space Before: 12 r TANKS or Fewer than 12 32 TANKS. or between the equivalent of TANKS. or more pt equivalent or less TANKS, between the 16.(H)l and 24.0(X) barrels of than 24.(x)0 barrels barrels of or less than the equivalent of storas;e capacityk of storage capacity, _ - l Formatted: Font: r _ storage equivalent of 6.000 6.001and - Formatted: Font: ca achy - - 6,000-barrelsof - 16.0(x) barrels of Formatted: Font: s storage storage capacity _ - - -{ Formatted: Font: J capacity or less; _ - Formatted: Font: SPR No Yes. unless the _ _sycs, unless_the_E3oard of _ Yes, unless the ', _ - Formatted: Font: rec aired? _ _ __ Board of County County Commissioners his_ _ _ Board of cotu�(y_ - _ _ ~; - .] Commissioners accepted the Oil and Gas Commissioners has \ ' Formatted: Font: Times New Roman has accepted the Operator's LONG RANGE accepted the Oil and `, Formatted: 2nd para indent 1 no, Space Oil and Gas DEVELOPMENT PLAN. and: Gas Operator's Before: 0 pt Operator's LONG LONG RANGE Formatted: Font: RANGE ( l i the OII. AND GAS DEVELOPMENT DEVELOPMENT PRODUCTION FACILITY is PLAN. and the PLAN: --or the not located within a Director of number of PLANNING AREA: or Planning Services TANKS will has waived the SPR 2) the OIL AND GAS requirement. The be reduced to PRODUCTION FACILITY is Director may do so 12 or fewer located within a PLANNING if he or she finds the than the AREA, and the Director of OIL AND GAS equivalent of Planning Services waives the PRODUCTION 6,000 barrels SPR requirement because he or FACILITY is she finds that the OIL AND compatible with of storage (;AS PRODUCTION surrounding uses, _ _ _ - -{ Formatted: Font: capacity or less FACILITY is compatible with within one ( I ) surrounding uses: or year after initial (3) the number of TANKS will he reduced to 32 or fewer than. installation. or the equivalent of 16.0(X) _ _ barrels of storage capacity_ _ _ 4-, Formatted: Font: 11 pt within one ( U year after initial Formatted: Normal installation. • _ - - -{ Formatted: Font: EXHIBIT Zetzi E. No Site Plan Review shall be required for: Oft it -I 1 through 3 - No change. 4. Certain OIL AND GAS PRODUCTION FACILITIES located in the A (Agricultural) Zone District (see Table 23.3). Remainder of Section - No change. Amend Sec. 23-3-20. Uses allowed by right. No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the A (Agricultural) Zone District except for one (1 ) or more of the following USES. Land in the A (Agricultural) Zone District is subject to the schedule of bulk requirements contained in Section 23-3-50 below. USES within the A (Agricultural) Zone District shall also be subject to the additional requirements contained in Articles IV and V of this Chapter. A through H - No change. I . OIL AND GAS PRODUCTION FACILITIES. All OIL AND GAS PRODUCTION FACILITIES in the A (Agricultural) Zone District require a Site Plan Review, and are subject to all of the Site Plan Review requirements outlined in Article II , Division 3, of this Chapter, unless otherwise exempted according to the following Table 23.3. Table 23.3 Site Plan Review Requirement for Oil and Gas Production Facilities Is a Site Plan Review ("SPR ') Required? Number of Fewer than 12 Between -1-2 - 13 Between 33 and 48 TANKS, or More than 48 TANKS or TANKS or and 32 TANKS, or between the equivalent of TANKS, or more equivalent fewer, or less between the 16,001 and 24,000 barrels of than 24,000 barrels barrels of than the equivalent of storage capacity. of storage capacity. storage equivalent of 6,0006,001 and capacity. 6,000 barrels of 16,000 barrels of storage storage capacity. capacity or less. SPR No. Yes, unless the Yes, unless the Board of County Yes, unless the required? Board of County Commissioners has accepted Board of County Commissioners the Oil and Gas Operator's Commissioners has has accepted the LONG RANGE accepted the Oil and Oil and Gas DEVELOPMENT PLAN, and: Gas Operator's Operator's LONG LONG RANGE RANGE ( 1 ) the OIL AND GAS DEVELOPMENT DEVELOPMENT PRODUCTION FACILITY is PLAN, and the PLAN. not located within a Director of PLANNING AREA; or Planning Services has waived the SPR 2) the OIL AND GAS requirement. The PRODUCTION FACILITY is Director may do so if located within a PLANNING he or she finds the PAGE 3 2014-** ORD2013-15 r • PDC Energy' s Summary of Requested Changes for submittal to the Weld County Board of County Commissioners Sec. 23-1-90. Definitions. TANK: shall mean a stationary vessel that is used to contain fluids, constructed of non-earthen materials (e.g. concrete, steel, plastic, etc.) that provide structural support and which receive and store oil, gas and/or water directly from and as it is produced by a well. Partially buried produced water vaults used for the collection and storage of produced water and to drain water from crude TANKS shall not be counted as TANKS when determining oil & gas production facility size. Table 23.3 Site Plan Review Requirement for Oil and Gas Production Facilities Proposed changes to the following column of Table: Is a Site Plan Review ( "SPR ") Required? Number of Between 13 and Between 33 and 48 TANKS, or More than 48 TANKS or 12 or less 32 TANKS, or between the equivalent of TANKS, or more equivalent TANKS, or the between the 16,001 and 24,000 barrels of than 24,000 barrels barrels of equivalent of equivalent of storage capacity. of storage capacity. storage 6,000 barrels of 6,001 and 16,000 capacity. storage barrels of storage capacity or less capacity. SPR No. Yes, unless the Yes, unless the Board of Yes, unless the required? Board of County County Commissioners has Board of County Commissioners accepted the Oil and Gas Commissioners has has accepted the Operator's LONG RANGE accepted the Oil and Oil and Gas DEVELOPMENT PLAN, and: Gas Operator's Operator's LONG LONG RANGE RANGE ( 1 ) the OIL AND GAS DEVELOPMENT DEVELOPMENT PRODUCTION FACILITY is PLAN, and the PLAN: or the not located within a Director of number of PLANNING AREA; or Planning Services TANKS will has waived the SPR 2) the OIL AND GAS requirement. The be reduced to PRODUCTION FACILITY is Director may do so 12 or fewer located within a PLANNING if he or she finds the than or the AREA, and the Director of OIL AND GAS equivalent of Planning Services waives the PRODUCTION 6,000 barrels SPR requirement because he or FACILITY is she finds that the OIL AND compatible with of storage GAS PRODUCTION surrounding uses. capacity or less FACILITY is compatible with within one (1 ) surrounding uses; or year after initial (3) the number of TANKS will be reduced to 32 or fewer than, installation. or the equivalent of 16,000 barrels of storage capacity within one ( 1 ) year after initial installation. EXHIBIT I ad A0 /3 -3y5 o , Zd� -- ;r; ,. f Aw P ''7n is tii, /. ,( ! y eA fr> yr#' • ilk if t,;x 14,4- .- yr, -.4y bil5 _ _ . ,�' Cl'_ -_ r t ii r C.l C . . C.3111 i.- @ . ii I lL: $ : . . t ►r V. 4 � \ • z �w" * r+ y, I. i li -e _ . . • l 'i 4, iIP I M IN ..., INIII%tillieNiTTilligh%%N I it ,r w. S&Lr— _ } ' PDC ENERGY'S PROPOSED CHANGES PROPOSED MODIFICATIONS TO THE WELD COUNTY CODE (WCC) CHAPTER TO BE MODIFIED: Chapter 23, Zoning DIVISION OR ARTICLE TO BE MODIFIED: Article III SECTION(S) PROPOSED TO BE MODIFIED: Section 23-1-90, Section 23-2-150, Section 23-3-20 RATIONALE FOR MODIFICATION: This code change allows planning to review the oil and gas production facility if the production company does not have a long range development plan or if the proposed facility does not meet the intent of the accepted long range development plan. PROPOSED MODIFICATION(S): Sec. 23-1-90 Sec. 23-1-90. Definitions. For the purposes of this Chapter, certain terms or words used herein shall be interpreted as defined in this Section. The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall have the meanings stated in this Section: LONG RANGE DEVELOPMENT PLAN: A written plan which identifies Best Management Practices and an i:mergence Operations Plan. The LANG RANGE DEVELOPMENT PLAN needs to be accepted by the Board of County Commissioners no later than February 15 of any given calendar year. Amendments to the plan can be made throughout the calendar year. A template for this form is available from the Department of Planning Services. OIL AND GAS PRODUCTION FACILITIES: Consist of the oil or gas well, pumps, heater treaters, separators, meters, compressors, TANKS BATTERY and other equipment directly associated with the producing well, all of which must be connected and functional. Table 23-1E Land Use Process for Siting Oil and Gas Production Facilities Zone R-1 R-2 R-3 R-4 R-5 C-1 C-2 C-3 C-4 1-1 1-2 1-3 1: PU i) A Appl cation USR USR USR USR USR USR USR USR USR USR S USR UBR 11138 U1 k 1 BIB___ • USR— Use by Special Review. SPR — Site Plan Review. UBR — Use by Right. e • .♦ * -Exempt from Site Plan Review (SPR) **— PUD - Called out by Zone District Requirements, unless specifically addressed in PUD application as a UBR. *** A (Ag) — SPR may he required depending upon size of facility. See Table 23.3, PLANNING AREA: Is defined as the area within one ( I ) mile of any municipal boundary or is identified as "Prime Farmland'. and/or "irrigated Land" as provided appendix 23-G. County Planning Area Map. TANK eIATT-RY: One ( ) or more storage - -AN<S wile i receive ant store oil, gas not/or water tired y from and as it is produced by a well. -All references to TANK BATTERY will now reference TANK: TANK: shall mean a stationary vessel that is used to contain fluids, constructed of non-earthen materials (e.g. concrete, steel. plastic, etc.) that provide structural support and which receive and store oil. gas and/or water directly from and as it is produced by a well. Partially huriedpnxluced water vaults used for the collection and storage of produced water and to drain water from crude TANKS shall not he counted as TANKS when determining oil & gas production facility size. Sec. 23-2-150. Intent and applicability. B. A Site Plan Review is required for USES in the following Zone Districts: A-1 (Concentrated Animal), IResidential R-2, R-3 and R-4 Zone Districts (except for those uses containing a single-family dwelling unit or duplex units where the two (2) units are not held in separate ownership', all Commercial Zone Districts, all Industrial Zone Districts, and any PUD Districts where a use would require a site plan review in an R-4, Commercial or Industrial Zone District, and certain OIL AND GAS PRODUCTION FACILITIES located in the A (Agricultural) Zone District (see Table 23.3). E. No Site Plan Review shall be required for: 4. Certain OIL ANI) GAS PRODUCTION FACILITIES located in the A (Agricultural) Zone District (see Table 23.3). Sec. 23-3-20. Uses allowed by right. No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the A (Agricultural) Zone District except for one (1) or more of the following USES. Land in the A (Agricultural) Zone District is subject to the schedule of bulk requirements contained in Section 23-3-50 below. USES within the A (Agricultural) Zone District shall also he subject to the additional requirements contained in Articles IV and V of this Chapter. I. OIL AND GAS PRODUCTION FACILITIES. All Oii. AND GAS PRODUCTION FACILITIES in the A j Agricultural) Zone District require a Site Plan Review, and are subject to all of the Site Plan Review requirements outlined in Article Ii. Division 3. of this Chapter, unless otherwise exempted according to the following Table 23.3. Table 23.3 Site Plan Review Requirement for Oil and Gas Production Facilities Is a Site Plan Review ("SPR Required! Number of Between 4413 and Between 33 and 48 TANKS, or More than 48 Formatted: Comment Text, Space Before: 12 +- TANKS or Fewer than 12 32 TANKS, or between the equivalent of TANKS, or more pt equivalent or less TANKS, between the 16,001 and 24.0(x) barrels of than 24,((x1 barrels Formatted: Font: barrels o or less than the equivalent of storage capacity,. _ of storage capacity, _ __ -� Formatted: Font: • storage equivalent of 6.00x) 6.00land capacity. _ _ 6,000 barrels of_ 16.0(x1 barrels of - __ - '( Formatted: Font: E. storage storage capacity.* _ _ _ - - - i Formatted: Font: capacity or less; - Formatted: Font: SPR No Yes. unless the yes. unless the Board of _ Yes. unless the is-i - - Formatted: Font: required _ Board of County_ _ CounD- Commissioners has Board of County _ Commissioners accepted the Oil and Gas Commissioners has Formatted: Font: Times New Roman has accepted the Operator's LONG RANGE accepted the Oil and Formatted: 2nd para indent 1 no, Space Oil and Gas DEVELOPMENT PLAN, and: Gas Operator's Before: 0 pt Operator's LONG LONG RANGE Formatted: Font: 7 RANGE ( 1 ) the OIL AND GAS DEVELOPMENT DEVELOPMENT PRODUCTION FACILITY is PLAN. and the PLAN: —or the not located within a Director of number of PLANNING AREA; or Planning Services TANKS will has waived the SPR 2) the 011. ANI) GAS requirement. The be reduced to PRODUCTION FACILITY is Director may do so 12 or fewer located within a PLANNING if he or she finds the than. or the AREA. and the Director of OIL. ANI) GAS equivalent of Planning Services waives the PRODUCTION 6.000 barrels SPR requirement because he or FACILITY is she finds that the OIL ANI) compatible with of storage GAS PRODUCTION surrounding uses, - {Formatted: Font: capacity or less FACILITY is compatible with within one ( I ) surrounding uses; or year after initial (3) the number of TANKS will installation. be reduced to 32 or fewer than. or the equivalent of 16,0(X) _ barrels of storage capacity _ _. _ Formatted: Font: 11 pt within one ( 1 ) year after initial I Formatted: Normal installation. s - • Formatted: Font: Hello