HomeMy WebLinkAbout20131462.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSI
Moved by Commissioner Grand, 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: USR13-0009
APPLICANT: RICHMARK ENERGY PARTNERS, LLC
PLANNER: TIFFANE JOHNSON
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OIL OR GAS PRODUCTION FACILITIES (32 WELLS, 16 OIL
TANKS, 2 WATER TANKS, 10 SEPARATORS) IN THE R-1 (LOW -DENSITY
RESIDENTIAL) ZONE DISTRICT.
LEGAL DESCRIPTION: PT SW4SE4 SECTION 36, T6N, R66W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: NORTH OF AND ADJACENT TO C STREET; EAST OF 35TH AVENUE.
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 22-5-80.B (CM.Goal 2) states,
"Promote the reasonable and orderly development of mineral resources", 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 25-5-100B (OG. Goal 2) states,
"Ensure that the extraction of oil and gas resources conserves the land and minimized the
impact on surrounding land and the existing surrounding land uses" and OG.Policy 2.9.)
states "Impose protective measures through available state, County and federal regulations
to ensure that the mineral operator conducts operations in a manner that will minimize
current and future environmental impacts". The property owner, Richmark Energy Partners,
LLC has reached an agreement with the facility operator (Mineral Resources, Inc) regarding
the surface use of the property, as well as acquired a Setback Waiver (per COGCC Rule
603b) from the adjacent neighbor to the east for well sites located near than 350 feet from an
occupied structure. The permit is necessary in this case because the property is zoned R-1
(Low Density Residential). This permit allows for a multiple wells site and tank battery site
which supports the orderly development of the mineral resource.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District. Section 23-3-110.D.6 of the Weld County Code provides for oil or gas
production facilities as a Use by Special Review in the R-1 (Low Density Residential) 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 subject property is zoned R1 low -density residential and has a
single family dwelling with detached garage currently be used a rental. A portion of the site is
located within the 100 year flood plan. It is also located within the City of Greeley Urban
Growth Boundary and is in close proximity to a number of existing low to high density
residential subdivisions within City of Greeley Limits. To the north the Great Western Railway
runs parallel and adjacent to the north property line. The property directly north of the Great
Western Railway has been annexed by the City of Greeley and zone I -M Industrial Medium
Intensity; Oil and Gas Operations are a Use By Special Review in the I -M zone. Further to the
north, there is a number of existing gravel operations. The property directly adjacent to the
west and east are R1 zoned properties in the county. The property to the west has a 250 foot
tall tower owned by Greeley Broadcasting Company. The property to the east has a
residence that is located approximately 300 feet from the pad site as well. A copy of the
setback waiver signed by the property owner as required by the Colorado Oil and Gas
Conservation Commission (COGCC) has been submitted with the application to reduce the
350 foot setback requirement for an occupied structure to 200 feet. Further to the west, east
A/3 /*Ag.
USR13-0009
Richmark Energy Partners, LLC
Page 2
D. and south are existing low to high density residential developments; to the west is Clover
Creek Subdivision, to the east are single family residences in the county, and to the south are
the Axsom Subdivision and Norwood Subdivision. Best management practices for noise
abatement measures including but not limited to limiting noise producing activities between
9:00 p.m. to 6:00 a.m. and construction of temporary haybales. No phone calls, letters or
other correspondence was received regarding the application.
E. 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 3 -mile referral area for the City of Greeley and is
located within Greeley's Urban Growth Boundary. The City of Greeley annexed the property
directly north with I -M zoning which provides for a Use By Special Review for Oil and Gas
Operations. The City of Greeley's provided a detailed response received March 22, 2013 and
outlined a number of concerns that the applicant will be required address such as access,
water service and storm drainage. Urban scale development is not proposed and is an
unmanned facility.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The site is located in a Special Flood Hazard Area as shown on panel number
080266-0628C dated September 28, 1982 and on the Flood Boundary and Floodway Map
panel #080266-003 dated September 28, 1990. The applicant has obtained Conditional
Approval for construction of the facility under Flood Hazard Development Permit FHDP-818.
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 Program.
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 site is not designated as
"other lands: per the U.S.D.A. Soil Conservation Map, dated 1979.
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.
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 written evidence to the Department of Planning Services showing
the access width requirements for emergency equipment (City of Greeley Fire Department)
meet the requirements set forth in the IFC Section 503.2. (Department of Planning Services)
B The applicant shall address the requirements of the Department of Public Works, as stated in
the referral response dated April 1, 2013. Written evidence of such shall be submitted to the
Weld County Department of Planning Services. (Department of Planning Services)
C. The applicant shall attempt to address the concerns of the City of Greeley as outlined in the
Environment}
USR 13-0009
Richmark Energy Partners, LLC
Page 3
referral dated 4/1/2013. Written evidence that these concerns have been addressed shall be
submitted to the Department of Planning Services. (Department of Planning Services)
D.
ublic Works Right
vices}
E. The existing residence is served by existing septic system, Septic Permit No. SE -0600083.
The septic permit, issued in 2006, is a Statement of Existing which is information provided by
the property owner on the size and location of an unpermitted septic system. The drawing
provided with the Statement of Existing did not show the location and dimensions of the
existing septic system. The applicant shall provide a revised drawing showing the dimensions
and location of the septic system on the property. (Department of Health and Environment)
F An evaluation of the existing septic system for Septic Permit No. SE -0600083 revealed an
illegal graywater discharge. Specifically, graywater was discharging on top of the ground vs.
connected to the septic system. The applicant shall submit documentation that the graywater
discharge has been connected to the septic system. Environmental Health Services will
perform an inspection to verify. (Department of Health and Environment)
G. Submit documentation from City of Greeley indicating that water service is available and
approved for the proposed uses. (Department of Health and Environment)
H. Submit documentation demonstrating that the secondary containment to be constructed
around the aboveground tanks complies with the Colorado Oil and Gas Conservation
Commission's Rule 603.e.(12). (Department of Health and Environment)
a 's required for the proposed facility and shall be
installed according -to -t -he- Weld -Counter age Disposal System}-(1-.S.D.S.)
Regulations. Evidence of approval by the Dc
�t of Planning Services. (Department of Public Health and
J. The applicant shall provide evidence to the Department of Planning Services that all
noncommercial junkyard (Weld County Code, Chapter 23, Sec.23-1-90) items located on the
property are screened from all adjacent properties and public rights -of -way, or have been
removed from the property. (Department of Planning Services)
K. The applicant shall submit a Lighting Plan to the Department of Planning Services, for review
and approval (Department of Planning Services)
L. No signs shall be structurally erected, enlarged, constructed, reconstructed, relocated,
refaced or otherwise altered without first obtaining all required building permits from the
Department of Building Inspection and Department of Planning Services. The applicant must
submit a building permit for the existing sign located on the site.
M. The applicant shall submit evidence to the Department of Planning Services that above-
ground water storage tanks comply with Chapter 29, Article III, Sec. 29-3-20.B.18. has been
met.
1. Open top, above -grade water storage tanks shall be designed by a registered
professional engineer or other certifying body; approved by the County, to be
compatible with the use. The applicant shall provide a stamped copy of the
engineered design to the Department of Planning Services. (Department of Planning
Services)
2. In conjunction with the engineered design, the applicant shall provide to the
Department of Planning Services, evidence of insurance that will protect the party
seeking the exemption, owners of lands adjacent to, and immediately downstream
from, the property where the tank is to be located and the County from claims for
USR 13-0009
Richmark Energy Partners, LLC
Page 4
bodily injury, death or property damage, which may arise from the excavation,
installation, construction and/or operation of the tank. The County must be named
as an "Additional Named Insured' upon said insurance policies.(Department of
Planning Services)
N. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR13-0009 (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 verify the Great Western Railway Right of Way and the
documents creating the right of way shall be noted on the plat with the recording
information.
5. If the facility is to be secure please show the location of the automatic gate. Gates
should be designed to ensure future right of way for West C Street is not encroached.
(Department of Planning Services)
6. All signage shall be shown on the plat. All signs shall comply with Chapter 23. Article
IV, Division 2, Signs of the Weld County Code.
7 The location of the existing septic system shall be located on the plat. The septic
system must be protected from all vehicle traffic. (Department of Health and
Environment)
8. Show and label the boundaries of the 100 -year floodplain. (Department of Public
Works)
9. Show and label all water storage areas. (Department of Planning)
10. 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)
11. The off-street parking spaces, including the access drive, shall be surfaced with
gravel, asphalt, concrete or the equivalent and shall be graded to prevent drainage
problems. (Department of Public Works)
2. Before Construction:
A. In the event that one (1) or more acres are disturbed during the construction and
development of this site, 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 Public Works) (condition met 5/21/13)
USR 13-0009
Richmark Energy Partners, LLC
Page 5
B. If more than one (1) acre is to be disturbed, a grading permit will be required prior to the start
of construction. The grading permit application must contain: 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. (Department of Public Works)
3. Within 45 days after the first production the applicant shall submit evidence of an Air Pollution
Emission Notice (APEN) 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: (Department of Health and Environment)
4. 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)
5. 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)
6. 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
maps@co.weld.co.us. (Department of Planning Services)
US R13-0009
Richmark Energy Partners, LLC
Page 6
Motion seconded by Commissioner Hall.
VOTE:
For Passage
Robert Grand
Bill Hall
Mark Lawley
Nick Berryman
Jason Maxey
Joyce Smock
Jordan Jemiola
Bret Elliott
Against Passage Absent
Benjamin Hansford
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, Tonya Johnson, 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 May 21, 2013.
Dated the 21St of May, 2013.
_ar �:,lvisr
Date: 2013.05.29
08:31:50 -06'00'
Tonya Johnson
Secretary
USR 13-0009
Richmark Energy Partners, LLC
Page 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RICHMARK ENERGY PARTNERS, LLC
USR13-0009
1. A Site Specific Development Plan and a Special Review Permit for an Oil and Gas production facility
(Up to 32 wells, 16 oil tanks, 2 water tanks, 10 separators) in the R-1 (Low Density Residential)
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. 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 Environmental Health)
4. 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 Environmental Health)
5. 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. (Department of
Environmental Health)
6. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Environmental Health)
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
Environmental Health)
8. The operation shall comply with Oil and Gas Conservation Commission Noise Regulations, Rule 802.
(Department of Environmental Health)
9. The operation shall comply with all applicable oil and gas operations regulated by the Colorado Oil
and Gas Conservation Commission. (Department of Environmental Health)
10. In accordance with Colorado Oil and Gas Conservation Commission Rule 603, berms or other
secondary containment devices in high density areas shall be constructed around crude oil,
condensate, and produced water storage tanks and shall enclose an area sufficient to contain and
provide secondary containment for one -hundred fifty percent (150%) of the largest single tank. Berms
or other secondary containment devices shall be sufficiently impervious to contain any spilled or
released material. No more than two (2) crude oil or condensate storage tanks shall be located within
a single berm. (Department of Environmental Health)
11. The facility shall be constructed and operated to ensure that contamination of soil and groundwater
does not occur. (Department of Environmental Health)
12. Any petroleum contaminated soils on the facility shall be removed, treated or disposed of in
accordance with all applicable rules and regulations. (Department of Environmental Health)
13. The Spill Prevention, Control and Countermeasure Plan shall be made available at all times.
(Department of Environmental Health)
USR 13-0009
Richmark Energy Partners, LLC
Page 8
14. Adequate toilet facilities (portable toilets) shall be provided during drilling/construction. (Department of
Environmental Health)
15. Bottled water shall be utilized for drinking and hand washing during drilling/construction. (Department
of Environmental Health)
16. 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 Environmental Health)
17. The facility shall utilize the existing public water supply (City of Greeley). (Department of
Environmental Health)
18. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Environmental Health)
19. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if 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. (Department of Public Works)
20. WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY
DESIGNATION. Please be advised that owners of Parcel 0805-36-0-00-009 may not be able to
obtain building permits to construct non-agricultural structures. All construction or improvements
occurring in the floodplain as delineated on Federal Emergency Management Agency Flood
Insurance Rate Map (FIRM) Community Panel Map #080266-0628C dated September 28, 1982 and
on the Flood Boundary and Floodway Map (FBFM) Panel #080266-003 dated September 28, 1990,
shall comply with the Flood Hazard Overlay District requirements of Chapter 23, Article V, Division 3
of the Weld County Code and all applicable FEMA regulations and requirements as described in 44
CFR parts 59, 60, and 65. (Department of Public Works)
21. Flood hazard development permits will be required for development activities located within the FEMA
mapped Cache La Poudre Floodplain. 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 Public Works)
22. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain
boundaries have been modified. (Department of Public Works)
23. This site is located in a State Designated, Municipal Separate Storm Sewer System (MS4) Area which
may trigger specific water quality requirements or other drainage improvements if the lot develops
further. (Department of Public Works)
24. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
25. The applicant must take into consideration storm water capture/quantity and provide accordingly for
Best Management Practices. (Department of Public Works)
26. The applicant is required to comply with Weld County Code (Section 23-5 and 23-5-260-N)
requirements for anchoring oil and gas facilities located in floodplains and floodways where
applicable. (Department of Public Works)
27. The access drive shall consist of a graded and drained all-weather surface. (Department of Public
Works)
USR 13-0009
Richmark Energy Partners, LLC
Page 9
28. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
Countywide Road Impact Fee Program. (Ordinance 2011-2) (Department of Planning Services)
29. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section
5-8-40) (Department of Planning Services)
30. The screening on site shall be maintained in accordance with the approved Screening Plan at all
times. (Department of Planning Service)
31. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code. (Department of Planning Services)
32. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code. (Department of Planning Services)
33. 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. (Department of
Planning Services)
34. 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. (Department of Planning Services)
35. 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. (Department of Planning
Services)
36. The property owner or operator shall comply with all applicable rules and regulations of State and
Federal agencies, including but not limited to the Colorado Oil and Gas Conservation Commission
rules and regulations, and the Weld County Code. (Department of Planning Services)
37. Within 45 days after the first production the applicant shall submit evidence of an Air Pollution
Emission Notice (APEN) 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. (Department of Health and Environment)
38. Open top, above -grade water storage tanks shall only be onsite during active drilling operations.
(Department of Planning Services)
39. 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.
USR13-0009
Richmark Energy Partners, LLC
Page 10
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. (Department of Planning Services)
Comment: Commissioner Berryman and Chair Maxey stated they would advise the applicant to have a
discussion with Chief Beach before the Board of County Commissioners hearing so this concern can be
finalized at that time.
Comment: Commissioner Grand stated he is voting no due to the participation of Fire Chief Beach and
the SEWFD should have received a little more attention from the applicant.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR13-0009
RICHMARK ENERGY PARTNERS, LLC
TIFFANE JOHNSON
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OIL OR GAS PRODUCTION FACILITIES (32 WELLS, 16 OIL
TANKS, 2 WATER TANKS, 10 SEPARATORS) IN THE R-1 (LOW -DENSITY
RESIDENTIAL) ZONE DISTRICT.
PT SW4SE4 SECTION 36, T6N, R66W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
NORTH OF AND ADJACENT TO C STREET; EAST OF 351H AVENUE.
Tiffane Johnson, Planning Services, presented Case USR13-0009, 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. Ms. Johnson stated this
site is surrounded by the R1 Zoning area as well as the City of Greeley. She further stated there is a 250
foot telecommunications tower on the adjacent property to the west that is owned by Greeley
Broadcasting, who has also provided a setback waiver with this application. The applicant also has a land
lease agreement on the Greeley Broadcasting property.
In response to Commissioner Berryman, Ms. Johnson stated the new setback rules do not come into
effect until later in the year and if the project stays on tract they will meet the current setback rules. The
applicant has also gone through the permitting process with the COGCC and have acquired some special
setback waivers with a reduced setback. Ms. Johnson further stated the property owner has also signed
off on these waivers and are agreeable to these terms.
Heidi Hansen, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site. Ms. Hansen stated C Street is under the City of Greeley's jurisdiction and the
applicant has been working with the City on access requirements and has revised the access to include a
paved approach for traffic control. Ms. Hansen stated the City of Greeley does not have an access permit,
so the Condition 1.D requires a right of way permit from the City and is intended to allow the City to make
access requirements. These requirements seem to have been worked out; however, if there is road
maintenance that would need to be completed the County is intending for the applicant to do it in
accordance with the City of Greeley's access requirements. Ms. Hansen stated per an email exchange
this morning the City of Greeley is wanting to alter this language a little to say, "Vehicular Access onto C
Street is subject to the City of Greeley approval", this will accomplish what the County was trying to do
with the right of way permit. Public works would be supportive of this language. Much of this property is in
the 100 year flood plain and the applicant has acquired a Flood Hazard Development Permit. This was
approved with 818 and is conditionally approved. The site is located in a state designated MS4 area;
which is a state designated are for a higher population. There are a few of these sites scattered around
the County in the tri-towns and in Greeley, this is where the state is concerned about water quality. Ms.
Hansen stated because of this the department has asked the applicant to do a water control design for
this site which is not little out of the ordinary for drilling; however, this made the site meet the State water
quality requirements. The applicant will also do a grading permit for the construction of the site.
In response to Commissioner Lawley, Ms. Hansen stated normally when the department gets a referral
from a neighboring community staff will say, "attempt to address their comments" and the applicant then
has to work with that particular jurisdiction; however, with this particular right of way, C Street is under the
City of Greeley's jurisdiction therefore, the normal language is "an approved access permit"; however, the
City of Greeley doesn't actually do an "access permit" thus changing the language to "a right of way
permit". Ms. Hansen stated the language City of Greeley is proposing, "vehicular access to C Street is
subject to City of Greeley approval", is a little stronger than what the County would consider and does
agree with Commissioner Lawley that it might sound like the access could be denied to the applicant if
the City of Greeley was so inclined. Commissioner Lawley suggested that staff use the standard
language, stating "the applicant should attempt to reach an agreement for access onto C Street'.
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Commissioner Grand agrees with this language, so the County isn't turning over the responsibility of the
ultimate decision of authority to the City of Greeley. Ms. Hansen agreed with Commissioner Grand. Ms.
Johnson stated this condition is part of the administrative review and suggested eliminating the more
specific ones and leave in the general conditions if the Board would like to. Commissioner Lawley stated
this language is new to the Board and they haven't seen it in other applications, and have allowed the
exchange to occur with the applicant and whomever jurisdiction it falls into, and it is his experience that
the county hasn't typically made these requirements for an applicant. Ms. Hansen suggested deleting 1.D
of the staff recommendations and leaving 1.C which is the attempt to address language. Chair Maxey
stated he would like to hear what the City of Greeley representatives have to say before the Board makes
any decisions on this matter. Commissioner Hall stated he agrees with Commissioner Lawley to have the
word "attempt" in the recommendation. Commissioner Hall further stated rather than holding this issue up
as the Planning Commission level that the City of Greeley has the opportunity to attend the Board of
County Commissioner meeting and voice any concerns to them and have them make the final decision.
Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan. Ms. Evett stated the applicant has obtained a field wide water
discharge permit from the state; and the Condition of Approval 2.A on page six (6) addressing this matter
has been met. Ms. Evett stated the staff is not requiring a septic system for this proposal; therefore,
Condition of Approval 1.1 on page five (5) can be removed from the conditions.
Motion: Delete Condition of Approval 1.1 and re -letter the Condition of Approval, Moved by Bill Hall,
Seconded by Nick Berryman.
Motion passed unanimously.
Erin Matthews, 4715 Innovation Drive, Ft Collins, Colorado, Lamp Rynearson & Associates, Inc.,
Engineer and Surveyor for Mineral Resources, and Colin Richardson, 5200 W 20thStreet, Greeley,
Colorado, Mineral Resources, Applicant. Ms. Matthews thanked the Board for hearing this case today.
This site is a multiple well oil and gas well pad and is locally owned by Richmark Energy Partners who is
a sister company for Mineral Resources. Ms. Matthews went through a brief overview of the property
which was also presented by Ms. Johnson. She further stated Mineral Resources has obtained a setback
waiver through the COGCC process. The site has been permitted through the State for 32 wells and will
be horizontally drilled. Ms. Matthews stated the current drilling plan is to be phased of which phase one
will consist of only two wells to be drilled. The tank battery will also be built which includes the 16 oil
tanks, two (2) water tanks, and the separator. The applicant has agreed to do 300 feet of paving as
requested by the City of Greeley. Mr. Richardson stated by using the fire hydrant for water access and
the above ground water storage tank they feel they can reduce the amount of trucks coming in and out of
the site by approximately 1,000 round trip truck traffic. In conclusion thanked everyone and asked the
Board they would uphold the approval of staffs recommendation.
In response to Commissioner Berryman, Ms. Matthews stated she has had some communication with
Justin Shulles, Engineer, City of Greeley, to address the questions the City has and feels they are
meeting the requirements the County has required and is working with the City to meet their requirements
as well.
In response to Commissioner Smock, Mr. Richardson pointed out where the wells would be located and
stated that yes, these would be done in phase and there is a possibility that they would drill maybe ten
(10) and no more.
In response to Chair Maxey, Ms. Matthews stated with the initial USR application they did submit a
screening plan which included C Street and the residences as well; however, to date they have not
address permanent screening, and during the drilling process there will be some sort of noise mitigation.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Brandon Gossard, Planner, City of Greeley, 911 10th Street, Ste 202, Greeley, Colorado, stated feels the
City has been fairly successful when communicating the various needs and requests from the City and
giving the County the difficult task of balancing the transition between Urban and Rural land uses. Mr.
Gossard stated most of the concerns/items the City of Greeley have had have been addressed, such as
noise mitigation (straw bails); however, they would like to ask there is some type of landscaping on the
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west side to provide some kind of visual impact mitigation for the existing single family homes, and on the
south side have some kind of supplemental screening beyond what is already in place.
Justin Shults, City of Greeley Engineering Development Review, stated there has been access approval
through the City of Greeley, which considers Oil and Gas a development activity as outlined in the City
code. This code requires the applicant to widen and complete the street improvement, this would include
widening the street, curb, gutter and sidewalk which would be consistent with the street section that is
west of the sight that is in front of Clover Creek Subdivision. Mr. Shults stated as it is not logical at this
time to complete these improvements, the City would request the Board to consider a Conditions of
Approval for the request of Access Approval through the City of Greeley. Mr. Shults stated the City would
like the applicant to sign a Development Agreement stating they will commit to the improvements to C
Street when the project is to be completed (participating in the funding of the improvements). He further
stated the City of Greeley is willing to sell water to the Applicant as they have done in the past with other
oil & gas projects, however, at this point the City has not seen a plan from the applicant and would like to
see the proposed water plan that has been provided to the County and work to get the water to the sight
for the applicant.
In response to Chair Maxey, Mr. Shults stated the City would like to be able to have the opportunity to be
able to approve the access on C Street; however, that is something the Board has to approve. He further
stated he understands where the Board is coming from as far as deleting 1.D and keep 1.C which is the
standard language from the County.
Commissioner Lawley stated he as well as the rest of the Board understands this project will have an
impact on the City of Greeley and want to encourage the applicant to work with the City of Greeley to
mitigate the Cities issues as much as possible; however, ultimately that agreement is with the City and
the Applicant.
Motion: Delete Condition of Approval 1.D, Moved by Robert Grand, Seconded by Jordan Jemiola.
Motion carried unanimously.
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.
Mr. Richardson stated they were not aware of the Development Agreement with the City of Greeley but
would be willing to meet and work with the City on this.
In response to Chair Maxey, Mr. Richardson stated they will be willing to work with the adjacent property
owner on the west side for screening further stating they do have a landscaping plan for the south side of
the property. Ms. Johnson stated the County would need an updated landscaping plan from the applicant.
Motion: Forward Case USR13-0009 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 Robed Grand, Seconded by Bill Hall.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bill Hall, Bret Elliott, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman,
Robed Grand.
Commissioner Grand stated he is encouraged to see the continual focus of reducing traffic and the
County appreciates it.
Chair Maxey stated he agrees with Commissioner Grand, the reduced traffic does not only help the
County but the City as well. He further stated he appreciates the City of Greeley for coming to the hearing
today and stating that the applicant has been cooperative up to this point and is confident the applicant
will continue to do so in the future.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
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The Chair asked the Planning Commission members if there was any new business to discuss. No one
wished to speak.
Tom Parko, Department of Planning Services, stated the first reading for the impact fees has gone before
the Board of County Commissioners and they are on board for it, this would be an increase of 2% (two)
inflation adjustment.
Mr. Parko further stated staff is looking at implementing a small business incentive program to help small
business with entitlement process. This would target impact three areas; land use fees, impact fees, and
road improvement fees which could help the small business owner who may just be starting up and not
have the funding to pay for these fees up front. He further stated staff has been talking about this
internally and will be meeting with BOCC to see if this may be something they are willing to look into.
In response to Chair Maxey, Mr. Parko stated they have had some input from smaller businesses and will
continue to ask for input to determine the needs. In response to Commissioner Berryman, Mr. Parko
stated they will be looking at this as employee size and at this point staff has decided to top it out at the
max of 25 employees. He further stated staff hasn't worked out a lot of the details; however, they are
moving forward and working through the details. Mr. Parko stated this will not be exclusionary to any
business as long as the business falls within the guidelines set forth by staff.
Mr. Parko stated it was his understanding that someone would be looking into the difference between
Intra State -vs- Inter State with the mobile refinery and Brad Yatabe stated he would be able to look into
this matter.
Meeting adjourned at 2:45 pm.
Respectfully submitted,
./
Tonya Johnson
Secretary
Date: 2013.05.29 09:09:36
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