HomeMy WebLinkAbout20091060.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1690 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 - HP FARMS HOLDINGS, 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 6th day of
May, 2009, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of HP Farms Holdings, LLC, 4643 South Ulster Street, Suite 1300, Denver,
Colorado 80237, c/o Kerr-McGee Oil and Gas OnShore, LP, 1099 18th Street, 6th Floor,
Denver, Colorado 80202, for a Site Specific Development Plan and Use by Special Review
Permit #1690 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, on the following described real estate, being more particularly described
as follows:
Part of the SE1/4 of Section 12, Township 2 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Terry Enright,
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 23-2-230.6 of the Weld County Code as follows:
a. Section 23-2-230.6.1 -- 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."
Section 22-5-100.A.1 (OG.Policy 1.1) states, "The County should
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SPECIAL REVIEW PERMIT #1690 - HP FARMS HOLDINGS, LLC, C/O KERR-MCGEE OIL
AND GAS ONSHORE, LP
PAGE 2
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 Use by Special Review Permit #1690
is for an Oil and Gas Production Facility in the Pioneer Communities PUD
to directionally drill six (6) 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
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 plat.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the Pioneer Communities PUD with Commercial, Residential, Open
Space, Agricultural, Schools, Parks and 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 23-2-230.B.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 grassland. 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.B.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 the
referral dated February 11, 2009, that it has reviewed the request and
finds no conflicts with its interests. There is one (1) property owner
located within 500 feet of the site. No comments have been received
from the surrounding property owner.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The existing site is within the
County -Wide Road Impact Fee Area and the Capital Expansion Impact
Fee Area.
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SPECIAL REVIEW PERMIT #1690 - HP FARMS HOLDINGS, LLC, C/O KERR-MCGEE OIL
AND GAS ONSHORE, LP
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Effective January 1, 2003, building permits issued on the proposed lots
will be required to adhere to the fee 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 Program.
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. 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 23-2-230.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 HP Farms Holdings, LLC, c/o Kerr-McGee Oil
and Gas OnShore, LP, for a Site Specific Development Plan and Use by Special Review
Permit #1690 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, 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-1690.
3) The attached Development Standards.
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.
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SPECIAL REVIEW PERMIT #1690 - HP FARMS HOLDINGS, LLC, CIO KERR-MCGEE OIL
AND GAS ONSHORE, LP
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5) A 60 -foot radius is required on all accesses to public roads
designed to accommodate truck traffic
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.
7) The USR boundary shall be clearly delineated on the plat.
8) The plat map shall be increased in size at a minimum 1" = 100'.
B. The applicant shall address the concerns of the Department of Public
Works, as outlined in the referral dated February 25, 2009. Written
evidence of approval by the Department of Public Works shall be
submitted to the Department of Planning Services.
C. The applicant shall address the concerns of the Department of Public
Health and Environment, as outlined in the referral dated February 24,
2009. Written evidence of approval shall be submitted to the Department
of Planning Services.
D. The applicant shall address the concerns of the Colorado Division of
Wildlife, as outlined in the referral dated March 5, 2009. Written
evidence of approval shall be submitted to the 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.
F. The applicant shall submit, to the Department of Planning Services, a
copy of a signed and recorded Surface Use Agreement for the proposed
use. The Surface Use Agreement shall 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.
G. The applicant shall submit, to the Department of Planning Services, a
copy of a signed and recorded deed for the property.
H. The applicant shall submit an Improvements Agreement According to
Policy Regarding Collateral for Improvements. 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
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SPECIAL REVIEW PERMIT #1690 - HP FARMS HOLDINGS, LLC, CIO KERR-MCGEE OIL
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prior to recording the plat, or the applicant may submit evidence that all
the work has been completed and approved by County staff.
The applicant shall submit two (2) 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 thirty
(30) 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 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@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 thirty (30) 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.
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SPECIAL REVIEW PERMIT #1690 - HP FARMS HOLDINGS, LLC, C/O KERR-MCGEE OIL
AND GAS ONSHORE, LP
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of May, A.D., 2009.
ATTEST:
Weld County Clerk to t
BY:
AP
Deputy Clerk the Boa
BOARD OF COUNTY COMMISSIONERS
WELD OLORADO
illiam F. Garcia, Chair
Dougl- Radema er, Pro-Tem
e P. Conway
arbara Kirkmeyer
my Att ney EXCUSED
David E. Long
Date of signature: 2'9
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HP FARMS HOLDINGS, LLC
CIO KERR-MCGEE OIL AND GAS ONSHORE, LP
USR-1690
1. The request for a Site Specific Development Plan and Use by Special Review
Permit #1690 is for an Oil and Gas Production Facility in the Pioneer Communities PUD
with Commercial, Residential, Open Space, Agricultural, Schools, Parks and Water, and
Wastewater Storage Zone Districts, and 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. No parking or staging shall be permitted along any County road.
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) of the Colorado Department of Public 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.
5. 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.
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, Section 30-20-100.5, C.R.S.
7. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
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.
9. The operation shall comply with all applicable State noise statutes and/or regulations.
10. Adequate toilet facilities (portable toilets) and hand washing units shall be provided
during drilling/construction.
11. Bottled water shall be utilized for drinking during drilling/construction.
12. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
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DEVELOPMENT STANDARDS - (USR-1690)
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13. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
14. 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.
15. The historical flow patterns and runoff amounts will be maintained on the 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 runoff rate and velocity increases,
diversions, concentration, and/or unplanned ponding of storm runoff.
16. The site is required to comply with the Weld County Code (Chapter 23, Article V,
specifically Section 23-5-260.N) requirements for anchoring oil and gas facilities located
in floodplains and floodways, where applicable.
17. County permits through the Department of Public Works are required for drilling rigs
which are over -width or overweight utilizing County roadways prior to moving on or off
the site.
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.
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.
20. 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.
21. The applicant shall provide a letter of approval from the Hudson Fire Protection District
prior to setting any equipment or structures.
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 floodplain, 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.
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23. 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.
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 Program.
25. The facility operates twenty-four (24) hours a day, seven (7) days a week.
26. All lighting on the site shall be in compliance with Section 23-3-360.F of the Weld County
Code.
27. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the 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.
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