HomeMy WebLinkAbout20101612.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1739 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 - CARMA BAYSHORE, LLC, C/O KERR-MCGEE OIL AND GAS
ONSHORE, LP
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 21st day
of July, 2010, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Carma Bayshore, LLC, 188 Inverness Drive West, Suite 150,
Englewood, Colorado 80112, do Kerr-McGee Oil and Gas OnShore, LP, Attn: Matthew Miller,
1099 18th Street, 6th Floor, Denver, Colorado 80202, for a Site Specific Development Plan and
Use by Special Review Permit#1739 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, on
the following described real estate, being more particularly described as follows:
Lot B of Amended Recorded Exemption #1140,
being part of the E1/2NW1/4, NW1/4NW1/4; and
part of the N1/2NE1/4 of Section 36, Township 3
North, Range 68 West of the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing, the applicant was represented by Kim Cooke, Kerr-McGee
Oil and Gas OnShore, LP, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved 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 Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.B.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 resources."
Further, Section 22-5-100.B (OG.Goal 2) states, "Ensure that the
Lu, up„ PL, AL , 9u And. 2010-1612
SS 11 1� PL2069
SPECIAL REVIEW PERMIT #1739 - CARMA BAYSHORE, LLC, C/O KERR-MCGEE OIL AND
GAS ONSHORE, LP
PAGE 2
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 Use by 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, will utilize two existing drill sites to directionally drill nine (9) 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), three (3)
separators, a meter house, one (1) emission control device and one (1)
vapor recovery unit. Kerr-McGee OnShore and Carma have executed a
Memorandum of Understanding for all wells placed within this approved
PUD.
b. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the C-3 (Commercial) and I-1 (Industrial) Zone Districts.
Sections 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.1, and 23-3-140.D.1 of the Weld County Code
provide for an Oil and Gas Production Facility in the E (Estate), C-1, C-2
(Commercial), and R-1, R-2, R-3 and R-4 (Residential) Zone Districts.
c. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The surrounding
property to the west, north, and 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 23-2-230.6.4 -- 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 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 the referral dated
March 23, 2010, that it has reviewed the request and finds no conflicts
with its interests. The Town of Mead, in the referral dated March 29,
2010, stated concerns with the truck route, Town of Mead transportation
infrastructure, and the maintenance of roads, culverts, and bridges. No
comments were received from the Town of Firestone. There are thirteen
property owners and 110 parcels located within 500 feet of the site.
e. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. Effective January 1, 2003, building
permits issued on the proposed lots will be required to adhere to the fee
2010-1612
PL2069
SPECIAL REVIEW PERMIT #1739 - CARMA BAYSHORE, LLC, C/O KERR-MCGEE OIL AND
GAS ONSHORE, LP
PAGE 3
structure of the County-Wide Road Impact Fee Program. 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 Programs.
f. Section 23-2-230.B.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 agriculturally zoned property.
g. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the Weld
County Code), Conditions of Approval, and Development Standards
ensure that there are adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Carma Bayshore, LLC, c/o Kerr-McGee Oil and
Gas OnShore, LP, for a Site Specific Development Plan and Use by Special Review
Permit#1739 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, on the parcel of land
described above be, and hereby is, granted subject to the following conditions:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
2) All sheets of the plat shall be labeled USR-1739.
3) The attached Development Standards.
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 buildout. There is presently 60 feet 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.
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, with
2010-1612
PL2069
SPECIAL REVIEW PERMIT #1739 - CARMA BAYSHORE, LLC, CIO KERR-MCGEE OIL AND
GAS ONSHORE, LP
PAGE 4
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.
B. The applicant shall attempt to address the concerns of the Town of Mead,
as outlined in the referral dated March 29, 2010. Written evidence of
approval shall be submitted to the 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.
2. Upon completion of Condition of Approval #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 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 sixty
(60) days from the date of the Board of County Commissioners Resolution. The
applicant shall be responsible for paying the recording fee.
3. 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.
4. 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.
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 Commissioners Resolution, a $50.00 recording
continuance charge shall be added for each additional three (3) month period.
2010-1612
PL2069
SPECIAL REVIEW PERMIT #1739 - CARMA BAYSHORE, LLC, CIO KERR-MCGEE OIL AND
GAS ONSHORE, LP
PAGE 5
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of July, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD CO WY COLORADO
ATTEST: n10-1 �'
^ �o g s Radema err hair
Weld County Clerk to the e;ar' t '13 _ �`
dk
I `tr ,a
i rbara Kirkmeye, Pro-Tem
Dep t Clerk t. the Board'' -'„ter:: '
Sean P. Conway d
APP ED FORM: EXCUSED
Wil}liam F. Garcia
ounty Attorney ,\�/\ J �,
David E. Long
Date of signature: 'Ik<<O
2010-1612
PL2069
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CARMA BAYSHORE, LLC
C/O KERR-MCGEE OIL AND GAS ONSHORE, LP
USR-1739
1. Site Specific Development Plan and Use by Special Review Permit #1739 is 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, and is subject to the Development
Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
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) of the Colorado Department of Health and
Environment. Alternately, the applicant may 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.
4. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S., shall be stored and removed for final disposal in a
manner which protects against surface and groundwater contamination.
5. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the
Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
6. Waste materials shall be handled, stored, and disposed of in a manner which controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
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.
8. The operation shall comply with all applicable state noise statutes and/or regulations.
9. Adequate drinking (bottled water), toilet facilities (portable toilets) and hand washing
units shall be provided during the construction of the facility.
10. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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
2010-1612
PL2069
DEVELOPMENT STANDARDS -CARMA BAYSHORE, LLC, C/O KERR-MCGEE OIL AND
GAS ONSHORE, LP (USR-1739)
PAGE 2
vegetation, other than grasses, shall be maintained at a maximum height of twelve (12)
inches until the area is completely developed.
12. The applicant proposes 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, with six (6) inches
of aggregate base course, and compacted to accommodate heavy loading. In no event
shall there be any new accesses to the site.
13. County permits, through the Department of Public Works, are required for any drilling
rigs which are over-width or overweight and are utilizing County roadways prior to
moving on or off the site.
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.
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.
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.
17. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently, the following have been adopted by Weld County: 2006
International Building Code, 2006 International Mechanical Code, 2006 International
Plumbing Code, 2008 National Electrical Code, 2006 International Fuel Gas Code, and
Chapter 29 of the Weld County Code.
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.
19. Building wall and opening protection and limitations and the separation of buildings shall
be in accordance with Chapter 23 of the Weld County Code. Setback and offset
distances shall be determined by the County Code.
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.
2010-1612
PL2069
DEVELOPMENT STANDARDS - CARMA BAYSHORE, LLC, CIO KERR-MCGEE OIL AND
GAS ONSHORE, LP (USR-1739)
PAGE 3
21. The applicant shall provide a letter of approval from the Mountain View Fire Protection
District, prior to setting any equipment or structures.
22. Effective January 1, 2003, building permits issued on the lot will be required to adhere to
the fee structure of the County-Wide Road Impact Fee Program.
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 Programs.
24. All lighting on the site shall be in compliance with Section 23-3-360.F of the Weld County
Code.
25. The property owner or operator will adhere to all Colorado Department of Public Health
and Environment rules and regulations, in regards to stormwater discharge.
26. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Health and Environment, Water Quality Control Division.
27. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
28. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
29. Weld County Government personnel 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.
30. 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.
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.
32. Hours of operation, after initial completion of the nine (9) wells, and any subsequent
operations shall be conducted during daylight hours if at such time as subsequent
operations begin, there is residential or commercial development within five hundred
(500) feet of the operations area.
2010-1612
PL2069
Hello