HomeMy WebLinkAbout20143748.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: USR14-0065
APPLICANT: WAGISTICS LLC, CIO SELECT ENERGY SERVICES
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING
AN OIL AND GAS SUPPORT AND SERVICE FACILITY(WATER DEPOT)IN THE
A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A OF RECORDED EXEMPTION RECX14-0049;BEING PART OF E2SW4 OF
SECTION 6, T6N, R64W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 60.5 AND 0.25 MILES EAST OF CR 49.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-
2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20 I. 5.A.Policy 9.5. states "Applications for a change of land use in the
agricultural areas should be reviewed in accordance with all potential impacts to surrounding
properties and referral agencies."
Noise limits and a lighting standard (if lighting is proposed) requiring that all lighting be
downcast and not shine onto adjacent properties and roads rights-of-way are required.
Section 22-2-80 C. I.Goal 3. Consider how transportation infrastructure is affected by the
impacts of new or expanding industrial developments."
An Improvements and Road Maintenance Agreement is required as a condition of approval to
address impacts to county roads as a result of this facility.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Section 23-3-40.A of the Weld County Code allows Mineral Resource
Development Facilities including an Oil and Gas Support and Service facility(water depots)
as a Use by Special Review in the A(Agricultural) Zone District.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses.
The facility is located across County Road 60.5 from an existing feedlot(SUP-170-feedlot for
up to 24,000 cattle). The proposed load out facility will be located approximately 350 feet to
the east of an existing residence.Another residence is located approximately 700 feet to the
east. The Cache la Poudre River is located to the south of the site. A noise standard and
lighting standard (if lighting is proposed) are attached to address impacts to surrounding
properties and an Improvements and Road Maintenance Agreement is required to address
impacts from traffic on adjacent county roads. -
EXHIBIT
No phone calls or correspondence has been received from surrounding
regards to this case.
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RESOLUTION USR14-0065
WAGISTICS LLC, C/O SELECT ENERGY SERVICES
PAGE 2
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 located within the three(3)mile referral area of the Town of Kersey and the City of
Greeley. The Town of Kersey in their referral comments, dated October 2, 2014 indicated
that they have no concerns. The City of Greeley, in their referral response dated October 28,
2014, indicated that truck traffic associated with the proposed facility would exacerbate
congestion on State Highway 263.
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 Capital
Expansion Impact Fee area as well as within the Greeley-Weld County Airport Overlay
District.
The Greeley-Weld County requests that any structures above 50-feet in height be reviewed.
No structures are proposed to be 50-feet in height per this request.
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 31 acres delineated as"Other"with a small
portion of the site delineated as"Prime" per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map.
G. Section 23-2-220.A.7—There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
The Design Standards(Section 23-2-240,Weld County Code), Operation Standards(Section
23-2-250, Weld County Code), Conditions of Approval and Development Standards can
ensure that there are adequate provisions for the protection of health, safety, and welfare of
the inhabitants of the neighborhood and County.
This recommendation is based, in part,upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. The applicant shall submit a Floodplain Development Permit (FHDP) for all development
activities located within the special flood hazard area.The FEMA definition of development is
any man-made change to improved or unimproved real estate, including by not limited to
buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling
operations, or storage of equipment and materials. (Department of Planning Services-
Floodplain)
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 Public Works)
RESOLUTION USR14-0065
WAGISTICS LLC, C/O SELECT ENERGY SERVICES
PAGE 3
C. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR14-0065. (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map 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. Proposed Onsite Lighting (if applicable). (Department of Planning Services)
6. Proposed Signage. Signs shall be in compliance with Chapter 23, Article IV, Division II
and Appendices 23-C,23-D and 23-E of the Weld County Code.(Department of Planning
Services)
7. CR 60.5(old SH 263)is a paved collector road and requires an 80-foot right-of-way at full
build out.This road is maintained by Weld County.The applicant shall verify the existing
right-of-way and the documents creating the right-of-way and this information shall be
noted on the plat. Pursuant to the definition of setback in the Weld County zoning(23-1-
90), the required setback is measured from the future right-of-way line. The applicant
shall delineate an additional 10-foot of right-of-way parallel to the existing right-of-way for
future build-out should right-of-way documents indicate that only 60-feet of right-of-way
exists. (Department of Planning Services- Engineer)
8. Show the approved access on the map and label with the approved access permit
number(AP14-00217). (Department of Planning Services- Engineer)
9. 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)
10. Show the floodplain and floodway (if applicable) boundaries on the map. Label the
floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or
appropriate study. (Department of Planning Services- Floodplain)
2. Upon completion of Condition of Approval#1 above,the applicant shall submit one(1)paper copies
or one(1)electronic copy(.pdf)of the map for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all
other documentation required as Conditions of Approval. The Mylar map shall be recorded in the
office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code.
The Mylar map and additional requirements shall be submitted within one hundred twenty(120)days
from the date of the Board of County Commissioners Resolution.The applicant shall be responsible
for paying the recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance#2012-3,approved April 30,2012,should the map
not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review, as appropriate. Acceptable CAD formats are.dwg, .dxf, and.dgn(Microstation);acceptable
GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase(MDB). The preferred format
for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to
mapsAco.weld.co.us. (Department of Planning Services)
RESOLUTION USR14-0065
WAGISTICS LLC, C/O SELECT ENERGY SERVICES
PAGE 4
5. Prior to Construction:
A. Right of way permit is required for any work within the public right of way. (Department of
Planning Services - Engineer)
B. Special transport permit is required for any over size or over weight vehicles. (Department of
Planning Services - Engineer)
6. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review map is ready to be recorded in the office of
the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement. (Department of Planning Services)
Motion seconded by Benjamin Hansford.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
!, 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 2 , 2014.
Dated the 2nd of December, 2014.
Ufigy lQ
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Select Energy Services
USR14-0065
1. A Site Specific Development Plan and Use by Special Review Permit, USR14-0065, for a Mineral
Resource Development Facility including an Oil and Gas Support and Service Facility(Water Depot)in the
A (Agricultural) Zone District, subject to the Development Standards stated hereon. (Department of
Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. The hours of operation are 24 hours a day, 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, Section
30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
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, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment)
6. Waste materials shall be handled,stored, and disposed of in a manner that controls fugitive dust,fugitive
particulate emissions,blowing debris,and other potential nuisance conditions. The applicant shall operate
in accordance with the approved Waste Handling Plan, at all times. (Department of Public Health and
Environment)
7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved Dust Abatement Plan, at all times. (Department of Public
Health and Environment)
8. This facility shall adhere to the maximum permissible noise levels allowed in the non-specified Zone
District, as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
9. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. As employees or contractors are on site for less than 2 consecutive hours a day
portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for
portable toilets shall be retained on a quarterly basis and available for review by the Weld County
Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in
Weld County and shall contain hand sanitizers (Department of Public Health and Environment)
10. The fresh water storage and loading system shall be operated in a manner to minimize spills. Fresh water
spills should be captured in above-ground containment areas for reuse or allowed to infiltrate.There shall
be no discharge from this process to surface waters or through the facility's stormwater management
system, in accordance with the Rules and Regulations of the Colorado Water Quality Control Commission,
and the Environmental Protection Agency. (Department of Public Health and Environment)
11. The operation shall comply with all applicable rules and regulations of the Colorado Division of Water
Resources. (Department of Planning Services)
12. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the
Weld County Code. (Department of Public Health and Environment)
RESOLUTION USR14-0065
WAGISTICS LLC, CIO SELECT ENERGY SERVICES
PAGE 6
13. 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)
14. 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)
15. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning
Services- Engineer)
16. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services- Engineer)
17. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Planning Services- Engineer)
18. All construction or improvements occurring in the floodplain or floodway as delineated on Federal
Emergency Management Agency(FEMA)FIRM Community Panel Map#080266-0635C and 645C dated
September 28, 1982, shall comply with all applicable Weld County requirements, Colorado Water
Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in
Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65.
(Department of Planning Services- Floodplain)
19. 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)
20. 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.
21. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards,as shown or stated,shall require the approval of an amendment of the Permit by
the Weld County Board of County Commissioners before such changes from the plans or Development
Standards are permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
22. 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.
23. WELD COUNTY'S RIGHT TO FARM:Weld County is one of the most productive agricultural counties in
the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than
in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural
areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere
and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld
County would quickly be gone forever.
RESOLUTION USR14-0065
WAGISTICS LLC,C/O SELECT ENERGY SERVICES
PAGE 7
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities
will generate off-site impacts,including noise from tractors and equipment;slow-moving farm vehicles on
rural roads; dust from animal pens,field work, harvest and gravel roads; odor from animal confinement,
silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities;
shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3.5-102,C.R.S.,provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been,and continues to be,the lifeline for the agricultural community. It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development. When
moving to the County, property owners and residents must realize they cannot take water from irrigation
ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware)with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses, including law enforcement,
ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies. County gravel roads, no matter how often they are bladed,will not
provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in
rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by
necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic,sandburs,puncture vines,territorial farm dogs and livestock,and open
burning present real threats. Controlling children's activities is important,not only for their safety,but also
for the protection of the farmer's livelihood.
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( 1
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, December 2, 2014
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Jason Maxey, at 1:30 pm.
Roll Call.
Present: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael
Wailes, Nick Berryman, Terry Cross.
Absent: Bruce Johnson.
Also Present: Kim Ogle, Chris Gathman and Tom Parko, Department of Planning Services; Wayne
Howard and Jennifer Petrik, Department of Engineering; Elizabeth Relford and Janet Lundquist,
Department of Public Works; Lauren Light, Department of Health; Brad Yatabe, County Attorney, and Kris
Ranslem, Secretary.
Motion: Approve the November 18, 2014 Weld County Planning Commission minutes, Moved by Bruce
Sparrow, Seconded by Michael Wailes. Motion passed unanimously.
CASE NUMBER: USR14-0065
APPLICANT: WAGISTICS LLC, CIO SELECT ENERGY SERVICES
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY
INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY (WATER
DEPOT) IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A OF RECORDED EXEMPTION RECX14-0049; BEING PART OF E2SW4
OF SECTION 6,T6N, R64W OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 60.5 AND 0.25 MILES EAST OF CR 49.
Commissioner Maxey noted that this site is on a direct route that he takes coming into Greeley; however
he did not perform any site visit.
Brad Yatabe, County Attorney, noted for the record that one of the landowners of the property is Trevor
Jiricek, who currently is a Weld County employee. The Chair asked if any of the Planning Commission
members talked with Mr. Jiricek regarding this case or received any financial benefit. The Planning
Commission indicated no.
Chris Gathman, Planning Services, presented Case USR14-0065, 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.
Wayne Howard, Engineering, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
John Tufte, Lamp, Rynearson and Associates, 4715 Innovation Drive, Ft. Collins, Colorado, stated that
the operator/applicant is Select Energy Services. He added that there was a disclosure letter included in
the application from Trevor Jiricek, who is a Weld County employee.
Mr. Tufte stated that the existing pond on site was built for augmentation purposes and the water is
released back to the river. This is the primary use of the pond. He added that the secondary use of the
pond is for the proposed water depot.
Commissioner Sparrow asked if there will be 15 trucks in a day. Mr. Tufte said that he EXHIBIT
trucks during three (3) shifts in a 24 hour period.
Todd Bean, Wagistics, said that the primary use of the pond is to bring water in and out of the river for
fracking wells. The majority of the water in the pond will be returned to the river and the river will be used
to transport the water to these sites. The load out facility is included on the site in case there are
situations where they need to truck water off-site. Mr. Bean said that the traffic peak is around 150
trucks.
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 USR14-0065 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 Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes,
Nick Berryman, Terry Cross.
Meeting adjourned at 4:52 pm.
Respectfully submitted,
43\diaan€ 7624,-1.6ifzivu Digitally signed by Kristine Ranslem
Date: 2014.12.05 08:01 :19 -07'00'
Kristine Ranslem
Secretary
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