HomeMy WebLinkAbout20091061.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Robert 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: USR-1690
APPLICANT: HP Farms Holding LLC
PLANNER: Jacqueline Hatch
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for an Oil
and Gas Production Facility in Pioneer Communities PUD with Commercial,
Residential, Open Space, Agricultural, Schools, Parks and Water, and
Wastewater Storage Zone Districts.
LEGAL DESCRIPTION: Part of SE4 being in Section 12, T2N, R65W of the 6th P.M., Weld County,
Colorado.
LOCATION: West of CR 49 and north of and adjacent to CR 22.
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 to
promote the reasonable and orderly exploration and development of oil and gas mineral
resources. Section 22-5-100.A.1 OG.Policy 1.1 states the County should encourage
cooperation, coordination, and communication between the surface owner and the mineral
owner/operators with respect to any developments of either the surface or mineral estate.
The request for a Site Specific Development Plan and a Special Review Permit for an Oil and
Gas Production Facility in the Pioneer Communities PUD is to directionally drill six oil and
natural gas wells. The oil, water and natural gas produced from the wells will be separated
on the property. The oil and water will be temporarily stored in tanks on the property until the
oil and water can be removed by truck. The natural gas will be metered and transported off
the property through a natural gas gathering pipeline. A Condition of Approval requires that a
recorded Surface Use Agreement be submitted prior to recording the mylar.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the Pioneer
Communities PUD with Commercial, Residential, Open Space, Agricultural, Schools, Parks &
Water and Wastewater Storage Zone Districts. This property is located within an area
designated on the Change of Zone plat PZ-1125 as high density residential. As noted in the
Development Standards for Pioneer Communities PUD oil and gas production facilities are
listed as a Use by Special Review in the high density residential areas.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses. The property is located within the Pioneer Communities PUD. The
surrounding property currently consists of agricultural uses and native dry grass land. 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
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 Town of
Hudson. The Town of Hudson indicated in their referral dated February 11, 2009 that they
have reviewed the request and find no conflicts with their interests. There is one (1) property
owners located within 500' of the site. No comments have been received from the
surrounding property owner. / EXHIBIT
2009-1061
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Resolution USR-1690
HP Farms Holding LLC
Page 2
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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.
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. The site is located within an
approved PUD and in an area designated as high density residential. A portion of the
property lies in a Special Flood Hazard Area (SFHA) defined by the Federal Emergency
Management Agency (FEMA). This SFHA is delineated on the current effective Flood
Insurance Rating Map (FIRM), panel number 080266 0900C dated September 28, 1982.
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-1690. (Department of Planning Services)
3. The attached Development Standards. (Department of Planning Services)
4. The access shall be paved either 300 feet from the edge of pavement on County
Road 22 or from the edge of pavement to the existing cattle guard and where
another cattle guard immediately north of the existing one shall be installed.
Therefore, there will be a double cattle guard at this location. (Department of Public
Works)
5. A 60 foot radius is required on all accesses to public roads designed to
accommodate truck traffic. (Department of Public Works)
6. Two 'truck turning ahead' signs shall be installed on County Road 22, one to the
west and the other to the east of the site access. (Department of Public Works)
7. The USR boundary shall be clearly delineated on the plat. (Department of Planning
Services)
The plat map shall be increased in size at a minimum 1" = 100'. (Department of
Planning Services)
Resolution USR-1690
HP Farms Holding LLC
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B. The applicant shall address the concerns of the Department of Public Works as outlined in
their referral dated February 25, 2009. Written evidence of approval by the Department of
Public Works shall be submitted in writing to the Department of Planning Services.
(Department of Public Works)
C. The applicant shall address the concerns of the Department of Public Health and
Environment, as outlined in their referral dated February 24, 2009. Written evidence of
approval shall be submitted to the Department of Planning Services. (Department of
Planning Services)
D. The applicant shall address the concerns of the Division of Wildlife, as outlined in their
referral dated March 5, 2009. Written evidence of approval shall be submitted to the
Department of Planning Services. (Department of Planning Services)
E. The applicant shall submit a dust abatement plan, on site dust, for review and approval, to
the Environmental Health Services Division of the Weld County Department of Public Health
and Environment. Written evidence of approval shall be submitted to the Department of
Planning Services. (Department of Planning Services)
F. The applicant shall submit to the Department of Planning Services a copy of a signed and
recorded Surface Agreement for the proposed use. The Surface Use Agreement should
address current and future road maintenance. If road maintenance is not covered in the
Surface Use Agreement a Long Term Road Maintenance agreement will be required
between the applicant and the property owner. (Departments of Planning Services and
Public Works)
G. The applicant shall submit to the Department of Planning Services a copy of a signed and
recorded deed for the property. (Department of Planning Services)
H. The applicant shall submit an Improvements Agreement according to policy. The applicant
shall submit to the Department of Planning Services itemized bids for all improvements. The
agreement and form of collateral shall be reviewed by County staff and accepted by the
Board of County Commissioners prior to recording the Use by Special Review plat. Or the
applicant may submit evidence that all the work has been completed and approved by County
Staff. (Department of Planning Services)
The applicant shall submit two (2) 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 thirty (30) 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 maps(c�co.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)
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Resolution USR-1690
HP Farms Holding LLC
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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 Nick Berryman.
VOTE:
For Passage
Robert Grand
Tom Holton
Doug Ochsner
Erich Ehrlich
Against Passage
Absent
Bill Hall
Roy Spitzer
Paul Branham
Mark Lawley
Nick Berryman
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 April 7, 2009.
Dated the 7th of April, 2009.
11"/ �l.( / LC
Kristine Ranslem
Secretary
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Kerr McGee Oil and Gas Onshore LP
USR-1690
1. The Request for a Site Specific Development Plan and a Special Review Permit for an Oil and Gas
Production Facility in Pioneer Communities PUD with Commercial, Residential, Open Space,
Agricultural, Schools, Parks & Water and Wastewater Storage 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. No parking or staging shall be permitted along any County Road. (Department of Public Works)
4. Forty-five (45) days after 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)
5. 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)
6. 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)
7. 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)
8. 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)
9. The operation shall comply with all applicable State noise statutes and/or regulations. (Department of
Public Health and Environment)
10. Adequate toilet facilities (portable toilets) and hand washing units shall be provided during
drilling/construction. (Department of Public Health and Environment)
11. Bottled water shall be utilized for drinking during drilling/construction. (Department of Public Health
and Environment)
12. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Department of Public Health and
Environment)
13. 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)
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Resolution USR-1690
HP Farms Holding LLC
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14. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist no 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)
15. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases, diversions, concentration and /or unplanned
ponding of storm run-off. (Department of Public Works)
16. The site is required to comply with the 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)
17. County permits through the Department of Public Works are required for drilling rigs that are over
width or overweight utilizing County roadways prior to moving on or off site. (Department of Public
Works)
18. 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)
19. 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)
• 20. 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 Planning Services)
21. Provide a letter of approval from Hudson Fire Protection District prior to setting any equipment or
structures. (Department of Planning Services)
22. WARNING: THE PROPERTY MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY
DESIGNATION. Please be advised that persons may not be able to obtain building permits to
construct non-agricultural structures. All construction or improvements occurring in the flood plain as
delineated on Federal Emergency Management Agency FIRM Community Panel Map 080266 900C
dated September 28, 1982, 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 and 60.
23. 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)
24. 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. (Department of Planning Services)
25. The facility operates twenty-four (24) hours a day, seven (7) days a week. (Department of Planning
Services)
• 26. All lighting on site shall be in compliance with Section 23-3-360.F of the Weld County Code, as
amended. (Department of Planning Services)
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Resolution USR-1690
HP Farms Holding LLC
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27. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code, as amended. (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, as amended. (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)
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one wished to speak.
The Chair asked the members of the Planning Commission if they wish to pull this item from consent to be
heard. No one wished to speak.
CASE NUMBER: 4TH AMUSR-552
APPLICANT: Duke Energy Field Services
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Fourth Amended Use by Special Review
Permit for a Mineral Resource Development Facility for Oil and Gas Support and
Service, including a Natural Gas Processing Facility, in the A (Agricultural) Zone
District.
LEGAL DESCRIPTION: Lot A and B of RE -614 (located in part of the W2SE4) and a portion of a strip of
land 150 feet wide, being 75 feet each side of centerline located in part of the
W2SE4 both in Section 28, T6N, R65W of the 6th P.M., Weld County, Colorado.
LOCATION: 1/2 mile north of CR 64; approximately 1/8 mile west of CR 43
The Chair asked Mr. Ogle if he wishes for this case to remain on consent. Mr. Ogle replied yes.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The Chair asked the members of the Planning Commission if they wish to pull this item from consent to be
heard. No one wished to speak.
CASE NUMBER: USR-1682
APPLICANT: Ready Mixed Concrete
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Mineral
Resource Development Facilities including a Concrete Batch Plant, Recycled
Concrete and Gravel Mining, and the importation of mineral resource material
from USR-1608 Holton Lakes in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Lot B RE -1525 being part of the SE4 of Section land the NE4 of Section 12,
Ti N, R67W; together with a Non -Exclusive easement and right-of-way for
ingress and egress purposes as granted at Reception No. 02005215 and all
right of access, ingress and egress for agricultural purposes over and across
existing traveled roads delineated on Lot A of RE -835 being part of the SE4 of
Section 1, T1 N, R67W of the 6th P.M., Weld County, Colorado.
LOCATION: Generally located 0.25 miles South of SH 52; 0.5 miles East of CR 23; and West
of and adjacent to CR 25 Section Line and approximately 0.5 miles North of CR
10.
Tom Holton wished to recuse himself from Case USR-1682 as his family is involved in USR-1608. He
also requested that an individual vote be taken of the Planning Commissioners for the consent agenda.
The Chair asked Mr. Ogle if he wishes for this case to remain on consent. Mr. Ogle replied yes.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The Chair asked the members of the Planning Commission if they wish to pull this item from consent to be
heard. No one wished to speak.
CASE NUMBER: USR-1690
APPLICANT: HP Farms Holding LLC
PLANNER: Jacqueline Hatch
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for an Oil
and Gas Production Facility in Pioneer Communities PUD with Commercial,
Residential, Open Space, Agricultural, Schools, Parks and Water, and
Wastewater Storage Zone Districts.
LEGAL DESCRIPTION: Part of SE4 being in Section 12, T2N, R65W of the 6th P.M., Weld County,
Colorado.
LOCATION: West of CR 49 and north of and adjacent to CR 22.
EXHIBIT
10,
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The Chair asked Ms. Hatch if she wishes for this case to remain on consent. Ms. Hatch replied yes.
The Chair asked the applicant if they also wish for this case to remain on consent. The applicant indicated
yes.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The Chair asked the members of the Planning Commission if they wish to pull this item from consent to be
heard. No one wished to speak.
Commissioner Grand asked if the Hudson Fire District responded to the request. Ms. Hatch replied that
they did not respond.
Robert Grand moved to approve the Consent Agenda which includes Cases 3"' AmUSR-542, 4th Am USR-552,
USR-1682, and USR-1690 be forwarded to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
seconded by Nick Berryman.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Paul Branham, absent; Erich Ehrlich, yes; Robert Grand, yes; Bill Hall, absent; Mark Lawley,
yes; Roy Spitzer, absent; Tom Holton, abstain; Doug Ochsner, yes. Motion carried unanimously.
The Chair read the following case into record.
CASE NUMBER: USR-1687
APPLICANT: Journey Ventures, LLC
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review for Mineral
Resource Development Facilities including: Open Pit Mining and Materials
Processing and Asphalt and Concrete Batch Plants along with the importation of
resource material in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Lots A & B of RE -4744; located in the SE4 and SE4NE4 of Section 7, T5N,
R64W of the 6th P.M., Weld County, Colorado.
LOCATION: West of and adjacent to CR 51 and North of and adjacent to CR 58.
Chris Gathman, Department of Planning Services, stated that eleven mining phases are proposed. The
application indicates that groundwater will not be exposed until mining phase 3. As a result, a
development standard is attached that indicates a well permit, substitute water supply plan or
augmentation plan shall be submitted prior to the exposing of groundwater.
The nearest residence is located immediately to the southwest of the site, another residence is located
approximately % mile to the west of the site, and a third residence is located approximately'/. mile to the
north of the site. The proposed batching and processing area is located in an area below an existing
bench that the two residences to the south and west are located upon. The batching/processing area is
also located at a location on the property that is furthest from the adjacent residences to mitigate
noise/compatibility issues. The access to the site will be off of County Road 58 immediately to the east of
a property containing a single-family residence. The Department of Public Health and Environment is
requiring and the applicant has submitted Noise and Dust Abatement plans be submitted as a Condition of
Approval for this proposed operation. The Department of Planning Services is requiring a landscape and
screening plan be submitted to address impacts associated with mining of the site on adjacent properties.
Sixteen referrals were sent out; eleven Referrals were received and either indicated no concerns or are
addressed through development standards and conditions of approval. No referral response was received
from the City of Greeley, Petroleum Development Corporation, Central Weld County Water District, and
AT & T.
There were three (3) letters from surrounding property owners which have been received. Concerns
mentioned in two of the letters were:
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