HomeMy WebLinkAbout20142061.tiff EXHIBIT
A
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSIO J7
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMIS t) KS
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: USR14-0017
APPLICANT: SWINK FAMILY FARMS LTD, C/O ENCANA OIL&GAS(USA)INC.
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
MINERAL RESOURCE DEVELOPMENT FACILITIES,INCLUDING OIL AND GAS
SUPPORT AND SERVICE,(CENTRALIZED LIQUIDS MANAGEMENT FACILITY,
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,NEW OFFICES
AND SUPPORT BUILDINGS, AND RELATED EQUIPMENT; TEMPORARY
STAGING AREA AND LAY DOWN YARD FOR CONSTRUCTION MATERIALS,
CONSTRUCTION OFFICE TRAILERS,AND CONSTRUCTION PARKING),IN THE
A(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION: PART OF THE E2 OF SECTION 21, T1 N, R68W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 6;WEST OF AND ADJACENT TO CR 7.
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 22-2-80.C.2 I.Policy 3.2 states,"The land use applicant should demonstrate that the
roadway facilities associated with the proposed industrial development are adequate in width,
classification and structural capacity to serve the development proposal."
The applicant shall be required to obtain an access permit, as applicable, for the proposed
access located on the same alignment from the access directly across County Road 6 from
the Town of Erie.
Section 22-2-80.E. I.Goal 5. states, "New industrial uses or expansion of existing industrial
uses should meet existing federal,state and local policies and legislation."The applicant will
be required to submit an approved Drainage Report and supporting construction drawings to
address stormwater and drainage issues associated with the development of this site.
Further,the applicant will be required to obtain a grading permit if more than one(1)acre is
disturbed prior to construction which will include at a minimum an erosion and sediment
control plan, a grading plan, installation details of all BMPs to be utilized,typical installation
and maintenance notes for all BMPs to be utilized, and a copy of the approved CDPHE
stormwater permit. The proposed facility meets the existing federal, state and local
requirements. The transload facility expands on the existing infrastructure to capture a
developing market in this area of the County.
Section 22-2-80.F. I.Goal 6. states "Minimize the incompatibilities that occur between
industrial uses and surrounding properties."
The incompatibilities that occur between the proposed industrial use as a Centralized Liquids
Management Facility and the surrounding properties are minimized due to various factors.
The Front Range Landfill is adjacent to the site on the western and southern property line,
with lands annexed into the Town of Erie are located to the East. As this is an industrial
facility,a security fence with limited points of access is to be installed at the site's perimeter,
RESOLUTION USR14-0017
SWINK FAMILY FARMS LTD, C/O ENCANA OIL&GAS(USA) INC.
PAGE 2
and a Lighting plan is required demonstrating that the site lighting will be downcast and
shielded and utilized for nighttime security and emergency work only. Further,any source of
light, either directed or reflected light, on site shall be fully shielded so that light rays will not
shine directly onto adjacent properties, including public rights-of-way where such would
cause a nuisance or interfere with the use of the adjacent properties,including the potential to
create a traffic hazard to operators of motor vehicles on the adjacent road systems. The
Centralized Liquids Management Facility will be approximately 1550 feet to the northeast and
1900 feet to the southeast from neighboring residential properties.
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.1, Section 23-3-40.A.2 and Section 23-3-40.A.7 of the Weld County Code
provides for a Site Specific Development Plan and a Special Review Permit for Mineral
Resource Development Facilities, Oil and Gas Support and Service, (Centralized Liquids
Management Facility,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, new offices and support buildings, and
related equipment; temporary staging area and lay down yard for construction materials,
construction office trailers, and construction parking), in the(A)Agriculture 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 site is located adjacent to the Front Range Landfill Inc. property to the south and
adjacent to the Western Waste Industries Inc. landfill to the west. Both of these properties
have been annexed into the Town of Erie. To the east immediately adjacent to the site are
lands that are vacant and within Erie's municipal boundary,whereas lands to the north and
northeast,and southeast across the intersection of County Road 6 and County Road 7 are in
production agriculture, including a feedlot.
There are several Special Use Permits in the general area, to the west is USR-628 for a
Salvage Yard, permitted in 1984, located west of County Road 5 and AmUSR-1031 for a
Shooting Range permitted in 2007 located east of County Road 3; to the north is CUP-34 for
a horse training and breeding facility permitted in 1978 located east of County Road 7 and
USR-700 for a Recyling Facility located west of 1-25; to the east are several businesses
including USR-690 for an Excavation business permitted in 1994 and USR-1622 fora Fence
Company permitted in 2008 located north of County Road 6 and SUP-266 for a Kennel
permitted in 1975, USR-518 for a Trucking Business permitted in 1982 and USR-644 for a
single family dwelling permitted in 1984 and all are located south of County Road 6.
Development standards and conditions of approval will ensure that the proposed facility will
be compatible with existing surrounding land uses. The Department of Planning Services
has received one telephone calls from a resident located north of County Road 6 with
concerns about traffic, speed of vehicles, maintenance and similar traffic related concerns.
No additional email or other correspondence from interested property owners. Further,prior
to this hearing no additional inquiries have been received.
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 Towns of Erie,Frederick,Cities
of Dacono and Northglenn;The City and County of Broomfield,Adams County and Boulder
County. The City of Dacono in their referral comments, dated April 24, 2014 indicated that
they have no concerns. The Town of Erie returned a referral dated May 19, 2014 with
RESOLUTION USR14-0017
SWINK FAMILY FARMS LTD, C/O ENCANA OIL&GAS(USA) INC.
PAGE 3
several comments concerning the application. Comments addressed future development
area planning per the Town of Erie Comprehensive Plan; rights-of-way on County roads 6
and 7, both which have been annexed into the Town; Designated haul route east of County
Road 6 to 1-25 Frontage Road; safety improvements on County Road 6 including pavement
design,overhead lights,driveway alignment;and intersection improvements to County Roads
6 and 7. Also of concern is fencing and screening requirements,including topographical land
forms,and license agreements and permits for construction in the Town's right-of-way. There
were no other referrals received for this application.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The existing site is within the County-Wide Road Impact Fee Area and the
Capital Expansion Impact Fee area.
The proposal is located within the Geological Hazard Development Overlay District. In a
referral received from the Colorado Geological Survey(CGS)dated June 2,2014,the CGS
agreed with the findings of the Ninyo & Moore October 4, 2013 Geotechnical Evaluation,
noting that the site is not exposed to any geologic hazards that would preclude the proposed
use. The CGS noted that the site proposed for development is not undermined, and is
located a sufficient distance from historic coal mine workings and that the workings do not
present a subsidence hazard.
The proposal is not located within a Special Flood Hazard area as delineated on FIRM
Community Panel Map 080266 0960 C dated September 28, 1982 and is also not within the
Airport Overlay District.
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 137 acres of irrigated land not prime per the
1979 Soil Conservation Service Important Farmlands of Weld County Map. None of the
subject parcel is identified as"Prime"agricultural land.The area has historically been utilized
as dryland agriculture. There is no irrigation water associated with this parcel.
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 plat:
A. The applicant shall address the requirements (concerns) of the Farmers Reservoir and
Irrigation Company on behalf of the Community Ditch,as stated in the referral response dated
April 24,2014. Evidence of such shall be submitted,in writing,to the Weld County Department
of Planning Services. (FRICO)
RESOLUTION USR14-0017
SWINK FAMILY FARMS LTD, C/O ENCANA OIL & GAS (USA) INC.
PAGE 4
B. The applicant shall submit a recorded Deed describing part of the East one-half, South of the
Community Ditch, located in Section 21 , T1 N , R68W of the 6th P.M. , County of Weld, State of
Colorado. (Department of Planning Services)
C. The applicant shall submit evidence of an Air Pollution Emission Notice (A. P. E. N .) and
Emissions Permit application from the Air Pollution Control Division (APCD), Colorado
Department of Health and Environment. Alternately, the applicant can provide evidence from
the APCD that they are not subject to these requirements. Evidence of such shall be
submitted, in writing, to the Weld County Department of Planning Services. (Department of
Environmental Health)
D. The applicant shall attempt to address the requirements of the Town of Erie, as stated in the
referral response dated May 19, 2014. Written evidence of such shall be submitted to the Weld
County Department of Planning Services. (Department of Planning Services)
E. The applicant shall submit a Lighting Plan to the Department of Planning Services, for review
and approval. Any lighting poles and lamps shall comply with Section 23-3-360.F. which states,
in part, that, "any lighting shall be designed, located, and operated in such a manner as to meet
the following standards: sources of light shall be shielded so that beams or rays of light will not
shine directly onto adjacent properties." (Department of Planning Services)
F. The applicant shall submit a Screening Plan to the Department of Planning Services for review
and approval. All parking areas shall be screened from adjacent properties and public rights of
way. (Department of Planning Services)
G. The applicant shall submit a Signage Plan to the Department of Planning Services, for review
and approval, if signage is on premise. 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)
H . The applicant shall submit an updated Parking and Circulation Plan to the Department of
Planning Services for review and approval. This updated parking and circulation plan shall
show the dimensions of the drives and the parking stalls including the ADA parking stalls. The
applicant shall comply with Appendix 23-B of the Weld County Code and the Section 208 of the
2010 Americans with Disability Act and provide an adequate number of parking stalls. Further,
the applicant shall delineate curb stops for the parking spaces shown on the Use by Special
Review map. (Department of Planning Services)
I . The applicant shall submit a Noise Abatement Plan to the Department of Planning Services for
review and approval. The plan shall address the means employed to mitigate noise related
impacts occurring on site as part of the 24/7 operation on adjacent properties. (Department of
Planning Services)
J. The applicant shall either submit a copy of an agreement with the property's mineral
owner/operators stipulating that the oil and gas activities have been adequately incorporated
into the design of the site or show evidence that an adequate attempt has been made to
mitigate the concerns of the mineral owner/operators. Drill envelopes can be delineated on the
plat in accordance with the State requirements as an attempt to mitigate concerns. The plat
shall be amended to include any possible future drilling sites. (Department of Planning
Services)
K. 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)
L. An approved Geologic Hazard Permit is required. (Department of Planning Services) (condition
has been met 6/17/14)
RESOLUTION USR14-0017
SWINK FAMILY FARMS LTD,C/O ENCANA OIL&GAS(USA)INC.
PAGE 5
M. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR14-0017 (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. Areas used for storage or
trash collection shall be screened from adjacent properties and public rights-of-way.
These areas shall be designed and used in a manner that will prevent trash from being
scattered by wind or animals. (Department of Planning Services)
5. The approved Lighting Plan. (Department of Planning Services)
6. The approved Screening Plan. (Department of Planning Services)
7. The approved Signage Plan. (Department of Planning Services)
8. The approved Parking and Circulation Plan. (Department of Planning Services)
9. The approved Noise Abatement Plan. (Department of Planning Services)
10. County Road 6 is designated on the Town of Erie Transportation Master Plan as a
collector road,which requires 80 feet of right-of-way at full build out. There is presently
60 feet of right-of-way. An additional 10 feet shall be delineated on the plat as future
Town of Erie Road 6 right-of-way.All setbacks shall be measured from the edge of future
right-of-way. 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. This road is
maintained by the Town of Erie. (Town of Erie)
11. County Road 7 is designated on the Town of Erie Transportation Master Plan as a
principal arterial road, which requires 140 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way.An additional 40 feet shall be delineated on the plat as
future Town of Erie Road 7 right-of-way.All setbacks shall be measured from the edge of
future right-of-way. 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. This road is
maintained by the Town of Erie. (Town of Erie)
12. Delineate the storm water detention on the map and label as"No Build/Storage Area."
(Department of Public Works)
13. Delineate a sixty (60) foot minimum radius on the map for main access onto County
Road 6 to accommodate commercial/truck traffic. (Department of Public Works)
14. Delineate areas of gravel,paving,or recycled concrete/asphalt and identify parking areas.
(Department of Public Works)
15. Label the approved Town of Erie accesses on the plat with access permit number, if
applicable. (Department of Public Works)
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
RESOLUTION USR14-0017
SWINK FAMILY FARMS LTD, C/O ENCANA OIL&GAS(USA) INC.
PAGE 6
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
mapsat7.co.weld.co.us. (Department of Planning Services)
5. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the
start of construction. (Department of Engineering Services)
B. An Access and right-of-way permit is required for any work within the public right of way.(Town of
Erie)
C. Special transport permit is required for any over size or over weight vehicles. (Town of Erie)
6. Prior to the issuance of the Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed facility and shall be installed
according to the Weld County Individual Sewage Disposal Regulations. The septic system is
required to be designed by a Colorado Registered Professional Engineer according to the Weld
County Individual Sewage Disposal Regulations.(Departments of Public Health and Environment
and Building Inspection)
7. Prior to operation:
A. The applicant shall submit a Noise Abatement Plan to the Department of Planning Services for
review and approval. The plan shall address impacts of noise generated by this facility onto
adjacent properties and public rights of way. (Department of Planning Services)
8. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property,until the Use by Special Review plat is ready to be recorded in the office of the
Weld County Clerk and Recorder or the applicant has been approved for an early release agreement.
(Department of Planning Services)
Motion seconded by Benjamin Hansford.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Mark Lawley
Michael Wailes
Nick Berryman
RESOLUTION USR14-0017
SWINK FAMILY FARMS LTD, C/O ENCANA OIL&GAS(USA) INC.
PAGE 7
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 June 17, 2014.
Dated the 17th of June, 2014.
Digitally signed by Kristine
45\a:6611_,
Ranslem
Date:2014.06.20 08:11:08-06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Encana Oil &Gas (USA), Inc.
USR14-0017
1. A Site Specific Development Plan and a Special Review Permit, USR14-0017 for Mineral Resource
Development Facilities, Oil and Gas Support and Service,(Centralized Liquids Management Facility,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, new
offices and support buildings, and related equipment; temporary staging area and lay down yard for
construction materials, construction office trailers,and construction parking), in the(A)Agriculture 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 number of on-site employees shall be commensurate with the number of persons which the septic
system may accommodate in accordance with the requirements of the Weld County Code, pertaining to
Individual Sewage Disposal Systems(I.S.D.S.) Regulations. (Department of Planning Services)
4. The facility will operate 24 hours per day 365 days per year,as stated by the applicant(s).(Department of
Planning Services)
5. The parking and circulation on the site shall be maintained in accordance with the approved Parking and
Circulation Plan. (Department of Planning Services)
6. The signage on the site shall be maintained in accordance with the approved Signage Plan.(Department
of Planning Services)
7. The lighting on the site shall be maintained in accordance with the approved Lighting Plan.(Department of
Planning Services)
8. The screening on site shall be maintained in accordance with the approved Screening Plan. (Department
of Planning Services)
9. The noise abatement system shall be maintained in accordance with the approved Noise Abatement Plan.
(Department of Planning Services)
10. 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)
11. 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)
12. 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)
13. 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)
14. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone District,
as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
RESOLUTION USR14-0017
SWINK FAMILY FARMS LTD, C/O ENCANA OIL&GAS(USA)INC.
PAGE 9
15. In accordance with Colorado Oil and Gas Conservation Commission Rule 604, a spillage retention berm
shall be constructed around the aboveground storage tanks. The volume retained by the spillage berm
should be greater than the volume of the largest tank inside the berm and sufficient freeboard to contain
precipitation. Alternative protective measures may be allowed provided they comply with the Colorado Oil
and Gas Conservation Commission regulations. (Department of Public Health and Environment)
16. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does
not occur. Any petroleum contaminated soils on the facility shall be removed, treated or disposed of in
accordance with all applicable rules and regulations. (Department of Public Health and Environment)
17. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment(CDPH&E),Water Quality Control Division,as applicable.
(Department of Public Health and Environment)
18. A Spill Prevention Control and Countermeasure plan shall be kept on site, at all times. (Department of
Public Health and Environment)
19. 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)
20. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The facility
shall utilize the public water supply. (Left Hand Water District) (Department of Public Health and
Environment)
21. 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 Individual Sewage Disposal Systems.
(Department of Public Health and Environment)
22. All potentially hazardous chemicals must be stored and 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). (Department of Public Health and Environment)
23. 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)
24. 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 Public Works)
25. Off-street parking spaces and internal drive isles shall be surfaced with gravel, asphalt, recycled asphalt
base, concrete or the equivalent and shall be graded to prevent drainage problems
26. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type generally
attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of
storm run-off. (Department of Public Works)
27. The applicant must take into consideration storm water quality and provide accordingly for best
management practices. (Department of Public Works)
28. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
29. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Public Works)
RESOLUTION USR14-0017
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PAGE 10
30. For any hazardous chemical used or stored in the workplace, facilities must maintain a material safety
data sheet[MSDS]and submit the MSDSs, or a list of chemicals, and the facility's annual inventory, to
the State Emergency Response Commission, the Local Emergency Planning Committee and the
Mountain View Fire Protection District on or before March 15th of any given year. (Weld County Office of
Emergency Management)
31. 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)
32. 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)
33. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
34. 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.
35. 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.
36. 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.
37. 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
RESOLUTION USR14-0017
SWINK FAMILY FARMS LTD, C/O ENCANA OIL&GAS(USA) INC.
PAGE 11
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.
C lin riiidae
7" i'/ EXHIBIT
rs
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETI _ J
Tuesday, June 17, 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,
Mark Lawley, at 1:30 pm.
Roll Call.
Present: Benjamin Hansford, Bruce Sparrow, Jordan Jemiola, Mark Lawley, Michael Wailes, Nick
Berryman.
Absent/Excused: Jason Maxey, Joyce Smock.
Also Present: Kim Ogle, Chris Gathman, and Diana Aungst, Department of Planning Services; Don
Carroll, Department of Public Works; Wayne Howard, Department of Planning and Engineering; Lauren
Light and Heather Barbare, Department of Health; Brad Yatabe, County Attorney, and Kris Ranslem,
Secretary.
Motion: Approve the June 3, 2014 Weld County Planning Commission minutes, Moved by Benjamin
Hansford, Seconded by Jordan Jemiola. Motion passed unanimously.
CASE NUMBER: COZ14-0002
APPLICANT: MARK&JACQUELYN EBERL
PLANNER: CHRIS GATHMAN
REQUEST: CHANGE OF ZONE FROM THE PUD (PLANNED UNIT DEVELOPMENT)
ZONE DISTRICT TO THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT 9 EDENS RESERVE PUD; PART OF SECTION 21, T3N, R68W OF THE
6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 32; 0.5 MILES EAST OF CR 5.
Chris Gathman, Planning Services, presented Case COZ14-0002, reading the recommendation and
comments into the record. In conjunction with this application, the applicants are applying for an
Amended PUD Final Plan to take Lot 9 out of the Eden's Reserve PUD. Mr. Gathman said that the real
purpose for this request is that the applicants are looking to create an additional lot through the Recorded
Exemption process. The Department of Planning Services recommends approval of this application with
the attached conditions of approval.
Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements.
Mark Eberl, 2672 Grace Way, stated that they wish to follow this request with a Recorded Exemption so
that they could sell their home and build a new residence on a separate lot.
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 Conditions of Approval and if they are in
agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case COZ14-0002 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 Benjamin Hansford, Seconded by Nick Berryman.
Vote: Motion carried by unanimous roll call vote(summary: Yes=6).
Yes: Benjamin Hansford, Bruce Sparrow, Jordan Jemiola, Mark Lawley, Michael Wailes, Nick Berryman.
CASE NUMBER: USR14-0017
APPLICANT: SWINK FAMILY FARMS LTD, C/O ENCANA OIL&GAS(USA) INC.
PLANNER: KIM OGLE
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REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, INCLUDING OIL
AND GAS SUPPORT AND SERVICE, (CENTRALIZED LIQUIDS
MANAGEMENT FACILITY, 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, NEW OFFICES AND SUPPORT BUILDINGS, AND
RELATED EQUIPMENT; TEMPORARY STAGING AREA AND LAY DOWN
YARD FOR CONSTRUCTION MATERIALS, CONSTRUCTION OFFICE
TRAILERS, AND CONSTRUCTION PARKING), IN THE A (AGRICULTURAL)
ZONE DISTRICT
LEGAL DESCRIPTION: PART OF THE E2 OF SECTION 21, T1N, R68W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 6;WEST OF AND ADJACENT TO CR 7.
Kim Ogle, Planning Services, presented Case USR14-0017, reading the recommendation and comments
into the record. Mr. Ogle noted that one (1) letter of opposition was received from a surrounding property
owner citing concerns regarding the facility and traffic. Additionally, a telephone call was received that
indicated they were not in opposition; however they were greatly concerned with the amount of traffic.
The Department of Planning Services recommends approval of this application with the attached
conditions of approval and development standards.
Wayne Howard, Planning Services, reported on the existing traffic, access and drainage conditions and
the requirements on site. Mr. Howard noted that this site is located in a Geohazard Area; therefore the
applicants have applied for a Geologic Hazard Development Permit. He added that the applicants have
complied with these requirements.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
Miracle Pfister, Regulatory Manager for Encana, 370 17th Street, Denver, stated that Encana is requesting
a Liquids Handling Hub which is a centralized facility that receives oil and produced water from nearby oil
and gas production sites via pipeline; therefore reducing visual impacts and truck traffic. This facility
would allow the removal of tanks and associated treatment equipment off well pads. Ms. Pfister noted
that Encana is proposing to make necessary improvements on County Road 6, which is under the
jurisdiction of the Town of Erie as well as the portion under Weld County jurisdiction, by upgrading the
existing paved section as well as paving the gravel portion to the facility.
On May 21, 2014 a community meeting was held for all residents within 1000 feet of the facility. Four(4)
residents were in attendance and Ms. Pfister added that overall it was a good discussion regarding noise,
traffic, traffic route and lighting.
Commissioner Wailes asked if this is the first Liquids Handling Hub project. Ms. Pfister said that this is a
pilot project in the DJ basin; however Encana has done other Hubs similar to this.
Commissioner Sparrow asked how many wells can be connected to this Hub Facility. Ms. Pfister said
that up to 250 wells can be connected to this facility.
Commissioner Sparrow asked if these are all horizontal wells or a combination of horizontal and vertical
wells. Ms. Pfister said that their projection is for all horizontal wells.
Commissioner Lawley clarified if the 250 wells are at full build-out. Ms. Pfister said that it is within their 5
year development plan.
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.
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Mr. Ogle noted that Condition of Approval 1 . L regarding the requirement of a Geologic Hazard
Development Permit has been met.
Motion: Forward Case USR14-0017 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 = 6).
Yes: Benjamin Hansford, Bruce Sparrow, Jordan Jemiola, Mark Lawley, Michael Wailes, Nick Berryman .
Commissioner Wailes encouraged the applicant to finalize the timelines prior to the Board of County
Commissioner hearing.
Commissioner Berryman commended the applicants for hosting a meeting with the neighbors to answer
their concerns.
Commissioner Sparrow is in support of this project; however he would have liked to have a way of
transporting it by pipeline from this site to a railroad to be shipped.
Commissioner Jemiola commended the applicants for coming prepared and reaching out to the
community.
Commissioner Hansford thanked the applicants for being prepared for this case.
CASE NUMBER: USR14-0016
APPLICANT: LONG MEADOW FARM LLC AND LESTER & SHERRILL HARDESTY
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT (AMUSR-587) FOR AN AGRICULTURAL SERVICE
ESTABLISHMENTS PRIMARILY ENGAGED IN PERFORMING
AGRICULTURAL, ANIMAL HUSBANDRY OR HORTICULTURAL SERVICES
ON A FEE OR CONTRACT BASIS, INCLUDING A LIVESTOCK
CONFINEMENT OPERATION (5,000 HEAD DAIRY) AND A USE SIMILAR TO
THE USES LISTED IN SECTION 23-3-40 AS USES BY SPECIAL REVIEW
(THREE SINGLE FAMILY RESIDENCES ON ONE PARCEL) AS LONG AS THE
USE COMPLIES WITH THE GENERAL INTENT OF THE A (AGRICULTURAL)
ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE-2298. BEING IN PART OF THE NW4 SECTION 10,
T6N, R66W AND LOT C REC EXEMPT RE-3211 , BEING PART OF SECTION 3,
T6N, R66W OF THE 6TH P. M. , WELD COUNTY; COLORADO.
LOCATION: SOUTH AND NORTH OF AND ADJACENT TO CR 72; EAST OF AND
ADJACENT TO CR 31 .
Diana Aungst, Planning Services, presented Case USR14-0016, reading the recommendation and
comments into the record. Ms. Aungst noted that two (2) telephone calls and two (2) letters of opposition
were received citing concerns regarding increased traffic, odors, insects and decreased property values.
The Department of Planning Services recommends approval of this application with the attached
conditions of approval and development standards.
Commissioner Berryman asked what the distance is from the dairy facility to the nearest residence. Ms.
Aungst said that it is approximately 200 feet to the nearest residence.
Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Heather Barbare, Environmental Health, reviewed the public water and sanitary sewer requirements, on-
site dust control, and the Waste Handling Plan.
Tim Naylor, AGPROfesionals, 3050 67th Avenue, Greeley, stated that they are requesting to amend the
existing USR to increase the number of dairy cattle from 1850 head to 5000 head. They plan to milk
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