HomeMy WebLinkAbout20143662.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR14-0058
APPLICANT: TIM BRO RANCH&CATTLE CO LLC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES.OIL AND GAS
SUPPORT AND SERVICE, INCLUDING,BUT NOT LIMITED TO:A NATURAL GAS
PROCESSING FACILITY FOR THE PROCESSING OF NATURAL GAS
PRODUCTS, AND RELATED EQUIPMENT AND STRUCTURES, METERING
EQUIPMENT FOR THE CUSTODY TRANSFER OF GAS, NATURAL GAS
LIQUIDS (NGLS) AND CONDENSATE; OUTDOOR EQUIPMENT AND
MATERIALS STORAGE YARD; ONE (1) THIRTY-FIVE-FOOT IN HEIGHT
COMMUNICATIONS TOWER; A MORGAN COUNTY REA SUBSTATION; AND
THE TRANSLOADING OF A COMMODITY FROM ONE MODE OF
TRANSPORTATION TO ANOTHER INCLUDING TRUCK AND PIPELINE
WITHOUT LIMITATION FOR OIL AND GAS INDUSTRIES, INCLUDING
PETROLEUM PRODUCTS AND STORAGE RELATED TO SAME AND RELATED
EQUIPMENT; TEMPORARY STAGING AREA AND LAY DOWN YARD FOR
CONSTRUCTION MATERIALS, CONSTRUCTION OFFICE TRAILERS, AND
CONSTRUCTION PARKING AND MORE THAN ONE CARGO (CONEX)
CONTAINER IN THE A(AGRICULTURAL)ZONE DISTRICT. (PONY CREEK GAS
PROCESSING FACILITY)
LEGAL DESCRIPTION: N2 SECTION 19, T9N, R58W OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 104 SECTION LINE; EAST OF AND
ADJACENT TO CR 121 SECTION LINE.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-
2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20. G.2. A.Policy 7.2 states "Conversion of agricultural/and to nonurban
residential, commercial and industrial uses should be accommodated when the subject
site is in an area that can support such development, and should attempt to be
compatible with the region"
The land that Noble is proposing to convert to industrial uses is non-irrigated rangeland
that is located in a very rural area where there is a significant amount of oil and gas
activity already occurring.Therefore the proposed use is compatible with the region.
Section 22-5-100. A. OG.Goal 1. states"Promote the reasonable and orderly exploration
and development of oil and gas mineral resources," and Section 22-5-100. B.OG.Goal 2.
states "Ensure that the extraction of oil and gas resources conserves the land and
minimizes the impact on surrounding land and the existing surrounding land use."
The proposed Pony Creek site is located in a sparsely populated area of the County
where there is already a significant amount of oil and gas development. Since the site
will utilize piping to bring gas to the facility it will generate very little additional oil and gas
traffic in the area once the facility is operational. While construction o -
generate some impacts because of the extra activity and trips to the EXHIBIT
constructed, the site the impact on the surrounding land will be minimal. I-
Pony Creek facility will help reduce air quality concerns by reducing the ne'
the production well sites.
RESOLUTION USR14-0058
TIMBRO RANCH&CATTLE CO LLC
PAGE 2
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District.
Citing the Weld County Code, Section 23-3-40.A.2 provides for a Site Specific Development
Plan and Special Review Permit for Mineral Resource Development facilities, including, Oil
and Gas Support and Service, Natural gas processing facilities, related equipment and
structures; Section 23-3-40.A.7 for Transloading; Section 23-3-40.S for outdoor equipment
and materials storage yard; Section 23-3-30.P for one (1) thirty-five-foot in height
communications tower; Section 23-3-20.L for a Morgan County REA radial substation; and
Section 23-3-30.K for two or more Cargo (Conex) Container(s) in the A(Agricultural)Zone
District. (Pony Creek Gas Processing Facility)
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses.
The Pony Creek facility and surrounding areas are rangeland that is used for grazing of
livestock and oil and gas encumbrances. There are very few residences in the area,with the
nearest residence being about one mile to the North. This residence is owned by Timbro
Ranch and Cattle Company LLC. The proposed gas plant will process gas from wells in the
area which will substantially reduce oilfield traffic on area roads. The isolated location of the
proposed gas plant is compatible with the surrounding land uses.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities.
The site is not located within a three(3)mile referral area of any municipality, nor is it located
within any existing Intergovernmental Agreement Area (IGA) of a municipality.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The existing site is within the County-Wide Road Impact Fee Area and the
Capital Expansion Impact Fee area.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County-Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The proposed facility is located on approximately 80 acres with the western part of the
property identified as "prime if they become irrigated" and the eastern part of the property
identified as "other lands" per the 1979 Soil Conservation Service Important Farmlands of
Weld County Map. As there is no irrigation water associated with the proposed facility and
currently no irrigation located on site, no prime agricultural lands will be taken out of
production.
G. Section 23-2-220.A.7—There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
The Design Standards(Section 23-2-240,Weld County Code),Operation Standards(Section
23-2-250, Weld County Code), Conditions of Approval and Development Standards can
ensure that there are adequate provisions for the protection of health, safety, and welfare of
the inhabitants of the neighborhood and County.
RESOLUTION USR14-0058
TIMBRO RANCH&CATTLE CO LLC
PAGE 3
This recommendation is based, in part,upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall submit a waste handling plan, for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health & Environment. The plan
shall include at a minimum, the following (condition met 11/18/14):
1. A list of wastes which are expected to be generated on site(this should include expected
volumes and types of waste generated).
2. A list of the type and volume of chemicals expected to be stored on site.
3. The waste handler and facility where the waste will be disposed(including the facility name,
address, and phone number).
4. Solids and sediment will accumulate in the storage tanks. The waste handling plan shall
include a detailed plan that describes the method of how those solids will be removed,
including all on-site handling procedures.
5. The waste handling plan shall provide a commitment to notify the Weld County Department
of Public Health and Environment in writing, in the event the plan is amended. The plan
shall be reviewed and approved by the Weld County Department of Public Health and
Environment. (Department of Public Health and Environment)
B. An Improvements Agreement and road maintenance agreement is required for this site. Road
maintenance including dust control, damage repair, and triggers for improvements will be
included. (Department of Planning Services- Engineer)
C. The applicant shall complete a Nonexclusive License Agreement for the Upgrade and
Maintenance of Weld County Right-of-Way. (Department of Planning Services- Engineer)
D. An accepted Final Drainage Report stamped and signed by a Professional Engineer registered
in the State of Colorado is required as well as a Certification of Compliance stating that the final
stamped drainage report is in compliance with the Weld County Code.
(Department of Planning Services- Engineer)
E. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR14-0058 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld
County Code addresses the issue of trash collection areas. (Department of Planning
Services)
5. Show the approved access(es) on the plat and label with the approved access permit
number AP14-00402. (Department of Public Works)
6. Show the approved non-exclusive license agreement on the Plat and label it with the
recorded reception number and date. (Department of Planning Services- Engineer)
RESOLUTION USR14-0058
TIMBRO RANCH&CATTLE CO LLC
PAGE 4
7. The applicant shall label the approved water quality feature on the plat as"Water Quality
Feature, No Build/Storage Area", and label the required volume. (Department of Planning
Services-Engineer)
8. The applicant shall indicate specifically on the plat the type of right-of-way/easement and
indicate whether it is dedicated, private, or deeded to provide adequate access to the
parcel. (Department of Planning Services- Engineer)
9. Show and label standard tracking control onto publically maintained roadways on the map.
(Department of Planning Services- Engineer)
10. The applicant shall label the approved water quality feature on the plat as"Water Quality
Feature, No Build/Storage Area", and label the required volume. (Department of Planning
Services-Engineer)
2. Upon completion of Condition of Approval#1 above,the applicant shall submit three(3)paper copies
or one(1)electronic copy(.pdf)of the plat for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all
other documentation required as Conditions of Approval.The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The
Mylar plat and additional requirements shall be submitted within one hundred twenty(120)days from
the date of the Board of County Commissioners Resolution. The applicant shall be responsible for
paying the recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance#2012-3, approved April 30,2012,should the plat
not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review,as appropriate. Acceptable CAD formats are.dwg, .dxf,and.dgn(Microstation);acceptable
GIS formats are ArcView shapefiles orArcGIS Personal GeoDataBase(MDB). The preferred format
for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to
mapsco.weld.co.us. (Department of Planning Services)
5. Prior to the release of Building Permits:
A. The applicant shall submit evidence of an Air Pollution Emission Notice (APEN) and Emissions
Permit application from the Air Pollution Control Division, Colorado Department of Public Health
and Environment(CDPHE). Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services.Alternately,the applicant can provide evidence from the APCD
that they are not subject to these requirements. (Department of Public Health and Environment)
6. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the
start of construction. In the event that 1 or more acres are disturbed,the applicant shall obtain a
stormwater discharge permit from the Water Quality Control Division of the Colorado Department
of Public Health and Environment. (Department of Planning Services- Engineer)
B. Right of way permit is required for any work within the public right of way. (Department of Public
Works)
C. Special transport permit is required for any over size or over weight vehicles. (Department of
Public Works)
RESOLUTION USR14-0058
TIMBRO RANCH &CATTLE CO LLC
PAGE 5
7. Within one month of operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency
Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility
operator, the Fire District and the Weld County Office of Emergency Management. Submit
evidence of acceptance to the Department of Planning Services. (Department of Planning
Services)
8. Within six months of operation:
A. A Colorado Professional Engineer(PE)certified and signed copy of the Spill Prevention, Control
and Countermeasure Plan,prepared in accordance with the applicable provisions of 40 CFR, Part
112 shall be provided to Weld County Department of Public Health and Environment.
(Department of Public Health and Environment)
9. Prior to the issuance of the Certificate of Occupancy:
A. An On-Site Wastewater Treatment system is required for the proposed facility and shall be
installed according to the Weld County On-Site Wastewater Treatment System (OWTS)
Regulations. The septic system is required to be designed by a Colorado Registered
Professional Engineer according to the Weld County OWTS Regulations. (Department of Public
Health and Environment)
B. The applicant shall submit written evidence of a commercial well to the Department of Planning
Services and the Department of Public Health and Environment. (Department of Public Health
and Environment)
10. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the
Weld County Clerk and Recorder or the applicant has been approved for an early release agreement.
(Department of Planning Services)
Motion seconded by Joyce Smock.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
RESOLUTION USR14-0058
TIMBRO RANCH&CATTLE CO LLC
PAGE 6
CERTIFICATION OF COPY
I, Kristine Ranslem,Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on November 18, 2014.
Dated the 18'h of November, 2014.
Digitally signed by Kristine
951i6 ilt Ranslem
Date:2014.11.20 08:05:31 -07'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Noble Energy Inc.
Pony Creek Gas Processing Facility
USR14-0058
1. A Site Specific Development Plan and Special Review Permit, USR14-0058, for Mineral Resource
Development Facilities, Oil and Gas Support and Service, including, but not limited to:a Natural Gas
Processing Facility for the processing of natural gas products,and related equipment and structures,
metering equipment for the custody transfer of gas, natural gas liquids (NGLs) and condensate;
Transloading, outdoor equipment and materials storage yard; one (1) thirty-five-foot in height
communications tower; a Morgan County REA substation; and more than one Cargo (Conex)
Container in the A(Agricultural)Zone District. (Pony Creek Gas Processing Facility),subject to the
Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The hours of operation are 24 hours a day, seven days a week, 365 days a year, as stated by the
applicant(s). (Department of Planning Services)
4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
5. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act,30-20-100.5,C.R.S.,as amended. (Department of Public Health and Environment)
6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility
shall operate in accordance with the approved "waste handling plan", at all times. (Department of
Public Health and Environment)
7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall
operate in accordance with the approved "dust abatement plan", at all times. (Department of Public
Health and Environment)
8. This facility shall adhere to the maximum permissible noise levels allowed in the non-specified Zone
as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
9. The facility shall be constructed and operated to ensure that contamination of soil and groundwater
does not occur. Any contaminated soils on the facility shall be removed, treated or disposed of in
accordance with all applicable rules and regulations. All spills will be reported to local, state and
federal agencies in accordance with all state and federal regulations. (Department of Public Health
and Environment)
10. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling and in a manner that minimizes the release of hazardous air pollutants(HAP's) and volatile
organic compounds(VOC's). All chemicals must be stored secure,on an impervious surface,and in
accordance with manufacturer's recommendations. (Department of Public Health and Environment)
11. A current Colorado PE certified and signed copy Spill Prevention,Control and Countermeasure Plan
shall be available on site, at all times. (Department of Public Health and Environment)
12. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. (Department of Public Health and Environment)
RESOLUTION USR14-0058
TIMBRO RANCH&CATTLE CO LLC
PAGE 8
13. Portable toilets are acceptable for employees or contractors on site for less than 2 consecutive hours
a day.All other sewage disposal for the facility shall be by septic system. Any septic system located
on the property must comply with all provisions of the Weld County Code, pertaining to OWTSs.
(Department of Public Health and Environment)
14. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
15. For any hazardous chemical used or stored in the workplace, facilities must maintain safety data
sheets[SDS]and submit the SDSs, or a list of chemicals, and the facility's annual inventory, to the
State Emergency Response Commission, the Local Emergency Planning Committee and the Fire
Protection District on or before March 15th of any given year. (Weld County Office of Emergency
Management)
16. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15th of any given year signed by representatives for the Fire District
and the Weld County Office of Emergency Management to the Department of Planning Services.
(Department of Planning Services)
17. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in accordance
with the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard
to operators of motor vehicles on public or private streets. No colored lights may be used which may
be confused with, or construed as, traffic control devices. (Department of Planning Services)
18. Should noxious weeds exist on the property, or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Chapter 15,Articles I and II, of the Weld County Code.(Department of Planning Services
- Engineer)
19. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services—Engineer)
20. Weld County is not responsible for the maintenance of onsite drainage related features.(Department
of Planning Services- Engineer)
21. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Planning Services- Engineer)
22. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2012 International Codes, 2006 International Energy
Code, and 2011 National Electrical Code.A Building Permit Application must be completed and two
(2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review.A Geotechnical Engineering Report performed by a Colorado
registered engineer shall be required or an Open Hole Inspection.(Department of Building Inspection)
23. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
24. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations.
25. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans
or Development Standards, as shown or stated, shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans or
RESOLUTION USR14-0058
TIMBRO RANCH&CATTLE CO LLC
PAGE 9
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
26. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners.
27. WELD COUNTY'S RIGHT TO FARM:Weld County is one of the most productive agricultural counties
in the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there
are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views,spaciousness,wildlife,lack of city noise and congestion,and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts,including noise from tractors and equipment;slow-moving farm
vehicles on rural roads;dust from animal pens,field work, harvest and gravel roads;odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved"out of the way"of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size(twice
the size of the State of Delaware)with more than three thousand seven hundred(3,700)miles of state
and county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County,and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed,will not provide the same kind of surface expected from a paved road. Snow removal
priorities mean that roads from subdivisions to arterials may not be cleared for several days after a
major snowstorm. Services in rural areas,in many cases,will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment,ponds and irrigation ditches,electrical power for pumps and center
pivot operations, high speed traffic,sandburs, puncture vines,territorial farm dogs and livestock,and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
tiA03 1V4
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, November 18, 2014
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 0 Street, Greeley, Colorado. This meeting was called to order by Chair,
Jason Maxey, at 1:30 pm.
Roll Call.
Present: Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman,
Terry Cross.
Absent: Benjamin Hansford, Bruce Johnson
Also Present: Kim Ogle, Diana Aungst and Tom Parko, Department of Planning Services; Wayne
Howard and Jennifer Petrik, Department of Planning - Engineering; Elizabeth Relford, Department of
Public Works; Lauren Light, Department of Health; Brad Yatabe, County Attorney, and Kris Ranslem,
Secretary.
Motion: Approve the November 4, 2014 Weld County Planning Commission minutes, Moved by Bruce
Sparrow, Seconded by Joyce Smock. Motion passed unanimously.
CASE NUMBER: USR14-0058
APPLICANT: TIMBRO RANCH&CATTLE CO LLC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND
GAS SUPPORT AND SERVICE, INCLUDING, BUT NOT LIMITED TO: A
NATURAL GAS PROCESSING FACILITY FOR THE PROCESSING OF
NATURAL GAS PRODUCTS, AND RELATED EQUIPMENT AND
STRUCTURES, METERING EQUIPMENT FOR THE CUSTODY TRANSFER
OF GAS, NATURAL GAS LIQUIDS (NGLS) AND CONDENSATE; OUTDOOR
EQUIPMENT AND MATERIALS STORAGE YARD; ONE (1) THIRTY-FIVE-
FOOT IN HEIGHT COMMUNICATIONS TOWER; A MORGAN COUNTY REA
SUBSTATION; AND THE TRANSLOADING OF A COMMODITY FROM ONE
MODE OF TRANSPORTATION TO ANOTHER INCLUDING TRUCK AND
PIPELINE WITHOUT LIMITATION FOR OIL AND GAS INDUSTRIES,
INCLUDING PETROLEUM PRODUCTS AND STORAGE RELATED TO SAME
AND RELATED EQUIPMENT; TEMPORARY STAGING AREA AND LAY DOWN
YARD FOR CONSTRUCTION MATERIALS, CONSTRUCTION OFFICE
TRAILERS, AND CONSTRUCTION PARKING AND MORE THAN ONE CARGO
(CONEX) CONTAINER IN THE A (AGRICULTURAL) ZONE DISTRICT. (PONY
CREEK GAS PROCESSING FACILITY)
LEGAL DESCRIPTION: N2 SECTION 19, T9N, R58W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 104 SECTION LINE; EAST OF AND
ADJACENT TO CR 121 SECTION LINE.
Kim Ogle, Planning Services, presented Case USR14-0058, reading the recommendation and comments
into the record. The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards.
Commissioner Maxey asked if this substation will serve anything else or just this site. Mr. Ogle said that
the substation will serve other facilities in the area. Mr. Maxey asked why the substation request isn't
under a 1041 Permit. Mr. Ogle said that there will be a 1041 Permit application for the transmission line
from the Keota Substation to the west into the Redbox facility (currently under review) and then down to
the Pony Creek Substation. He added that the Pony Creek Substation will branch over to the Morgan
County REA Substation; however we haven't received the application for that to date.
Wayne Howard, Engineering, reported on the existing traffic, access and drainage conditions and the
requirements on site.
EXHIBIT
Heather Barbare, Environmental Health, reviewed the public water and sanitary sewer requirements, on-
site dust control, and the Waste Handling Plan. Ms. Barbare stated that the applicant has met Condition
of Approval 1 .A by submitting a Waste Handling Plan.
Pam Hora, Tetra Tech, 1900 South Sunset Street, Longmont, Colorado, stated that Noble Energy is
requesting to have a natural gas processing facility, referred to at the Pony Creek Gas Processing
Facility. The facility is located on 80 acres of land, which will be purchased by Noble Energy.
Additionally, the uses will include related equipment and outdoor storage for the natural gas processing
facility. Noble Energy will also be leasing some of their property at this site to Southern Star and OPPL
who will be responsible for getting the processed gas offsite to the end users and both companies will be
responsible for permitting their own gas pipelines, as needed . An Electric Substation is proposed and will
be located on the north end of this property. Tri-State Generation and Transmission Association and its
member system, Morgan County REA, plan to provide the required electric service to this facility.
Commissioner Smock asked if this will be constructed the same way that Keota Facility was constructed.
Ms. Hora said that it is identical to the Keota Facility for the exception of the NGL facility at this subject
site.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion : Forward Case USR14-0058 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Jordan Jemiola, Seconded by Joyce Smock.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman, Terry
Cross.
Meeting adjourned at 5:49 pm.
Respectfully submitted,
113S - . lt-1 tqatialint, Digitally signed by Kristine Ranslem
Date: 2014. 11 .20 07:41 :25 07'00'
Kristine Ranslem
Secretary
2
Hello