HomeMy WebLinkAbout20101613.tiff • BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Mark Lawley, 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: USR-1739
APPLICANT: Carma Bayshore, LLC c/o Kerr-McGee Oil and Gas Onshore, LP
PLANNER: Tom Parko
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for an Oil
and Gas Production Facility in a PUD with E (Estate), C-1, C-2 (Commercial),
and R-1, R-2, R-3, and R-4 (Residential)Zone Districts.
LEGAL DESCRIPTION: Lot B AmRE-1140 being part of the E2NW4/NW4NW4 and Part N2NE4 of
Section 36,T3N, R68W of the 6th P.M.,Weld County, Colorado.
LOCATION: South of and adjacent to CR 28;west of and adjacent to CR 13.
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 22-5-100.A(OG.Goal 1.) states
"Promote the reasonable and orderly exploration and development of oil and gas mineral
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resources." Further, Section 22-5-100.6(OG.Goal.2)states"Ensure that the extraction of oil
and gas resources conserves the land and minimizes the impact on surrounding land and the
existing surrounding land uses." The request for a Site Specific Development Plan and a
Special Review Permit for an Oil and Gas Production Facility in Carma/Bayshore PUD with
E (Estate), C-1, C-2 (Commercial), R-1, R-2, R-3 and R-4 (Residential) Zone Districts is to
use two existing drill sites to directionally drill nine wells and augment the existing production
facility utilizing low profile tanks for water storage(1-2 at 100 bbls)and oil storage(3-5 at 300
bbls)3 separators, a meter house, one emission control device and one vapor recovery unit.
Kerr-McGee OnShore and Carma have executed a Memorandum of Understanding for all
wells placed within this approved PUD.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the C-3
(Commercial) and I-1 (Industrial) Zone Districts. Section 23-3-430.1, 23-3-210.D.6, 23-3-
220.D.4, 23-3-110.D.6, 23-3-120.D.1, 23-3-130.D.1and 23-3-140.D.1 of the Weld County
Code provides for an Oil and Gas Production Facility in the E (Estate), C-1, C-2
(Commercial), R-1, R-2, R-3 and R-4 (Residential) Zone Districts.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The surrounding property to the west, north and near east is currently
in agricultural production, and is part of the St. Vrain Lakes PUD aka Bayshore residential
PUD. To the south are platted Estate lots for the Pelican Shores PUD. The Conditions of
Approval and Development Standards ensure that there are adequate provisions in place to
address the concerns of adjacent and surrounding property owners.
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
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code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The existing site is located within the three mile referral area for the Towns of
Firestone and Mead and the City of Longmont. The City of Longmont responded and
2010-1613 iota
• Resolution USR-1739
Carma Bayshore, LLC c/o Kerr-McGee Oil and Gas Onshore, LP
Page 2
indicated in their referral dated March 23, 2010 that they have reviewed the request and find
no conflicts with their interests. The Town of Mead in their referral dated March 29, 2010
state their concerns with the truck route, Town of Mead transportation infrastructure, and
maintenance of roads, culverts and bridges. No comments were received from the City of
Firestone. There are thirteen property owners and 110 parcels located within 500 feet of the
site.
E. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code.
The existing site is within the County Road Impact Fee Area and the Capital Expansion
Impact Fee and the Stormwater/Drainage Impact Fee.
Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building permits issued on the subject site 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)
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. This site is not located on
Agricultural Zoned property.
G. Section 23-2-220.A.7 -- 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 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 plat shall be amended to delineate the following:
1. The plat shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
2. All Sheets of the plat shall be labeled USR-1739. (Department of Planning Services)
3. The attached Development Standards. (Department of Planning Services)
4. County Road 28 is designated on the Weld County Road Classification Plan as a
collector road, which requires 80 feet of right-of-way at full build out. There is
presently 60feet of right-of-way.An additional 10 feet shall be delineated on the plat
as future County Road 28 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. If the right-of-way cannot be verified, it
shall be dedicated. This road is maintained by Weld County. (Department of Public
Works)
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• Resolution USR-1739
Carma Bayshore, LLC c/o Kerr-McGee Oil and Gas Onshore, LP
Page 3
5. The applicant is proposing to access both drilling locations through existing access
roads. The access road shall have a vehicle tracking pad prior to entering or exiting
County Road 28. The access shall be a minimum of twenty(20)feet in width, six(6)
inches of aggregate base course, and compacted to accommodate heavy loading.
The configuration of the access drive and access drive improvements shall be
delineated on the plat. (Department of Public Works)
B. The applicant shall attempt to address the concerns of the Town of Mead,as outlined in their
referral dated March 29, 2010. Written evidence of approval shall be submitted to the
Department of Planning Services. (Department of Planning Services)
C. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
2. Upon completion of 1. above 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 Department of Planning Services' Staff. 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 sixty (60) 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. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
• Use by Special Review. Acceptable CAD formats are.dwg, .dxf, and .dgn (Microstation);acceptable
GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is.e00.
The preferred format for Images is.tif(Group 4). (Group 6 is not acceptable). This digital file may be
sent to maosco.weld.co.us. (Department of Planning Services)
4. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk
and Recorder. (Department of Planning Services)
5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not
be recorded within the required sixty (60) days from the date of the Board of County Commissioner
Resolution was signed a$50.00 recording continuance charge shall be added for each additional 3
month period. (Department of Planning Services)
Motion seconded by Roy Spitzer.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Erich Ehrlich
Roy Spitzer
• Mark Lawley
Nick Berryman
Jason Maxey
• Resolution USR-1739
Carma Bayshore, LLC c/o Kerr-McGee Oil and Gas Onshore, LP
Page 4
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 July 6, 2010.
Dated the 6th of July, 2010.
Kristine Ranslem
Secretary
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Kerr McGee Oil and Gas Onshore LP
USR-1739
1. The Request for a Site Specific Development Plan and a Special Review Permit for an Oil and Gas
Production Facility in a PUD with E (Estate), C-1, C-2 (Commercial), R-1, R-2, R-3 and R-4
(Residential)Zone Districts and 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. Forty-five (45) days after the first production 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. Written evidence of
approval shall be submitted to the Department of Planning Services. (Department of Public Health
and Environment)
4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
5. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
• and Facilities Act, 30-20-100.5, C.R.S.,as amended. (Department of Public Health and Environment)
6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department
of Public Health and Environment)
7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved dust abatement plan at all times. (Department of Public
Health and Environment)
8. The operation shall comply with all applicable State noise statutes and/or regulations. (Department of
Public Health and Environment)
9. Adequate drinking (bottled water), toilet facilities (portable toilets) and hand washing units shall be
provided during the construction of the facility. (Department of Public Health and Environment)
10. 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)
11. 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. All vegetation,other than grasses, needs to be
maintained at a maximum height of 12 inches until the area is completely developed. (Department of
Public Works)
12. The applicant is proposing to access both drilling locations through existing access roads. The
access road shall have a vehicle tracking pad prior to entering or exiting County Road 28. The
access shall be a minimum of twenty(20)feet in width, six(6)inches of aggregate base course, and
compacted to accommodate heavy loading. (Department of Public Works)
Resolution USR-1739
• Carma Bayshore, LLC c/o Kerr-McGee Oil and Gas Onshore, LP
Page 6
13. County permits through the Department of Public Works are required for any drilling rigs that are over
width or overweight utilizing County roadways prior to moving on or off site. (Department of Public
Works)
14. County permits through the Department of Public Works are required for a Right-of-Way permit for
any work that may be required in the right-of-way on County Road 28. (Department of Public Works)
15. A building permit shall be obtained prior to the construction or placement of any structure. An
electrical permit will be required for any electrical service to equipment. A plot plan shall be submitted
when applying for building permits showing all structures with accurate distances between structures,
and from structures to all property lines. (Department of Building Inspection)
16. A plan review is required for each building for which a building permit is required. Plans shall bear the
wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required
when applying for each permit. (Department of Building Inspection)
17. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2006 International Building
Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2005 National
Electrical Code; 2006 International Fuel Gas Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
18. Each structure set on a foundation will require an engineered foundation based on a site-specific
• geotechnical report or an open hole inspection performed by a Colorado registered engineer.
Engineered foundations shall be designed by a Colorado registered engineer. (Department of
Building Inspection)
19. Building wall and opening protection and limitations and the separation of buildings shall be in
accordance with the Building Code. Setback and offset distances shall be determined by the County
Code. (Department of Building Inspection)
20. Building height shall be measured in accordance with the Building Code for the purpose of
determining the maximum building size and height for various uses and types of construction and to
determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code.
Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to
determine compliance with offset and setback requirements. Offset and setback requirements are
measured to the farthest projection from the building. (Department of Building Inspection)
21. Provide a letter of approval from Mountain View Fire Protection District prior to setting any equipment
or structures. (Department of Building Inspection)
22. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the County Road Impact Fee Program. (Department of Planning Services)
23. Effective August 1, 2005, Building permits issued on the subject site 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)
24. All lighting on site shall be in compliance with Section 23-3-360.F of the Weld County Code.
(Department of Planning Services)
. 25. Kerr McGee will adhere to all Colorado Department of Public Health & Environment rules and
regulations in regards to storm water discharge. (Department of Public Works)
• Resolution USR-1739
Carma Bayshore, LLC do Kerr-McGee Oil and Gas Onshore, LP
Page 7
26. If applicable,the applicant shall obtain a storm water discharge permit from the Colorado Department
of Health & Environment, Water Quality Control Division. (Department of Public Works)
27. 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)
28. 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)
29. Personnel from Weld County Government 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
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
30. 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)
31. 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)
32. Hours of operation will be restricted to daylight hours only, after the completion of the wells.
(Department of Planning Services)
S
7-(p -aD(o
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
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Berryman, yes; Erich Ehrlich,yes with comment; Robert Grand,yes with comment; Bill Hall,absent;Alexander
Zauder, yes; Jason Maxey, yes; Roy Spitzer,yes with comment; Mark Lawley,yes;Tom Holton, yes. Motion
carried unanimously.
Robert Grand commented that these are tough issues but we need to respect the property owners and their
right to farm in Weld County in the agricultural areas. He added that he hopes that the dairy will continue to
maintain a process of good management to minimize the impact on the neighbors.
Commissioner Spitzer commented that as we see more residential development in these areas the
management of these facilities will need to be better done to ensure that the neighbors don't have to fight with
the flies and odor.
The Chair read the next case into the record.
CASE NUMBER: USR-1739
APPLICANT: Carma Bayshore, LLC c/o Kerr-McGee Oil and Gas Onshore, LP
PLANNER: Tom Parko
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for an Oil
and Gas Production Facility in a PUD with E (Estate), C-1, C-2 (Commercial),
and R-1, R-2, R-3, and R-4(Residential)Zone Districts.
LEGAL DESCRIPTION: Lot B AmRE-1140 being part of the E2NW4/NW4NW4 and Part N2NE4 of
Section 36, T3N, R68W of the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to CR 28;west of and adjacent to CR 13.
Tom Parko, Planning Services, commented that the this application is a request to allow the use of two
• existing drill sites to directional drill nine (9) wells and augment the existing production facility utilizing low
profile tanks for water and oil storage, three separators, meter house, one emission control device and one
vapor recover unit.
Kerr McGee Onshore and the developer,Carma, have executed a Memorandum of Understanding for all wells
placed within this approved PUD.
The existing site is located within the three-mile referral area for the Towns of Firestone and Mead and the
City of Longmont.
The City of Longmont responded and indicated in their referral dated March 23, 2010 that they have reviewed
the request and find no conflicts with their interests. The Town of Mead in their referral dated March 29,2010
stated concerns with the truck route. The Town of Mead also had concerns with transportation infrastructure,
the maintenance of roads, culverts and bridges. No comments were received from the Town of Firestone.
The surrounding property to the west, north and east is currently in agricultural production and is part of the St.
Vrain Lakes PUD. To the south are platted estate lots for the Pelican Shores PUD.
The conditions of approval and development standards ensure that there are adequate provisions in place to
address the concerns of adjacent and surrounding property owners.
Fourteen referral agencies have reviewed the case and five offered comments; some with specific conditions
that have been incorporated into this recommendation. No letters or telephone calls have been received
concerning this case.
The Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
• Commissioner Holton noticed that there were no hours of operation listed in the development standards. He
added that if this will be surrounded by several residences he suggested that after the wells are com leted the
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• hours of operation should be restricted to daylight hours.
Lauren Light, Environmental Health, commented that permanent water and sewer are not required as there
will be no employees on site. Dust control will be provided by watering or applying a dust suppressant. The
applicant is required to submit evidence of an Air Emissions Permit 45 days after production starts.
Ms. Light pointed out that Development Standards#10 and#27 are duplicated;therefore one may be deleted.
Robert Grand moved to delete Development Standard #10, seconded by Mark Lawley. Motion carried.
Don Carroll, Public Works, commented that the access will be off of County Road 28 which is a collector
roadway with 80 feet of right-of-way at full build-out; presently there is 60 feet. Weld County does perform
maintenance on this road. The applicant is proposing two accesses to the drilling sites. Vehicle tracking pads
are requested on both accesses onto County Road 28. A Stormwater Management Plan has been submitted
by the applicant and is adequate.
Kim Cooke, Kerr McGee Oil and Gas Onshore, LP, 1099 18th St, Denver CO, commented that they are
proposing the drilling of nine (9) oil and gas wells from two locations. One pad will consist of a 6-well pad.
The other pad will consist of a 3-well pad.
Ms. Cooke indicated that they have reviewed the comments from the referral agencies. In reference to the
Town of Mead's comments for access, as Public Works mentioned, the access that they are currently
proposing is on a Weld County Road;therefore they have routed the drilling access to come in from the north
off of County Road 13 and go west on County Road 28 versus coming off of 1-25 and going through Mead's
section of County Road 28.
There is a Surface Use Agreement with Carma Bayshore in the form of a Memorandum of Understanding.
• In response to Commissioner Holton's question regarding hours of operation, Ms. Cooke indicated that they
are proposing to drill these wells in September;therefore they will be in and out well before the construction of
residences in this area starts. Mr. Holton said that he is not very concerned right now as there are no
residences and understands that during the drilling it is a 24 hour operation. However after the residences are
built he would like to have the hours of operation restricted to daylight hours only. Ms. Cooke agreed.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Robert Grand moved to add a Development Standard#32 to read "Hours of operation will be restricted to
daylight hours only, after the completion of the wells", seconded by Erich Ehrlich. Motion carried
The Chair asked the applicant if they read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Mark Lawley moved that Case USR-1739 be forwarded to the Board of County Commissioners along with the
amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Roy Spitzer.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Erich Ehrlich,yes; Robert Grand,yes; Bill Hall, absent;Alexander Zauder, yes;Jason Maxey,
yes; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair called a recess at 2:38 p.m. and reconvened the meeting at 2:46 p.m.
The Chair read the following case into record.
• CASE NUMBER: USR-1704
APPLICANT: Heartland Renewable Energy, LLC
PLANNER: Chris Gathman
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