HomeMy WebLinkAbout20082558.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1664 FOR AN OIL AND GAS PRODUCTION FACILITY IN A PUD (PLANNED
UNIT DEVELOPMENT)WITH E(ESTATE),C-1 AND C-2(COMMERCIAL),AND R-1,R-2,
R-3, AND R-4 (RESIDENTIAL) ZONE DISTRICTS - CARMA BAYSHORE, LLC, CIO
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 8th day of
October, 2008, 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, Suite 180, Englewood, Colorado
80112, c/o Kerr-McGee Oil and Gas OnShore, LP, 1099 18th Street, Denver, Colorado 80202, for
a Site Specific Development Plan and Use by Special Review Permit #1664 for an Oil and Gas
Production Facility in a PUD (Planned Unit Development) with E (Estate), C-1 and 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:
Four Parcels - Lot B of Recorded Exemption #4103,
being part of the NW1/4; Lot B of Recorded
Exemption #1840, being part of the NE1/4; part of
the SW1/4; and part of the SE1/4, all being in
Section 25, Township 3 North, Range 68 West of the
6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Robert Spencer at said hearing, 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, "Oil and gas exploration and
production should occur in a manner which minimizes the impact to
agricultural uses and the environment and reduces the conflicts between
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mineral development and current and future surface uses." Further,
Section 22-5-100.B (OG.Goal 2) states, "The extraction of oil and gas
resources should conserve the land and minimize the impact on surrounding
land." The request for a Site Specific Development Plan and Use by Special
Review Permit for an Oil and Gas Production Facility in the Carma Bayshore
PUD with E(Estate), C-1 and C-2(Commercial),and R-1, R-2, R-3,and R-4
(Residential) Zone Districts, is to use four (4) existing drill sites to
directionally drill eleven (11) wells and augment the existing production
facility.
b. Section 23-2-230.B.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 Oil and Gas Production
Facilities in the E (Estate), C-1 and C-2 (Commercial), and R-1, R-2, R-3,
and R-4 (Residential)Zone Districts.
c. Section 23-2-230.8.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding property is
currently in agricultural production. The Conditions of Approval and
Development Standards will 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 Towns of Firestone and Mead, and the City of Longmont. The City
of Longmont indicated, in the referral dated July 29, 2008, that it has
reviewed the request and finds no conflicts with its interests. The Town of
Mead, in the referral dated July 23, 2008, expressed concern with the
access location along State Highway 66 and the close proximity of the
facility to a property not owned by the applicant (5268 State Highway 66).
No comments were received from the Town of Firestone. There are twelve
property owners 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. The existing site is within the County-Wide Road
Impact Fee area, the Capital Expansion Impact Fee area, and the
Stormwater/Drainage Impact Fee area. 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
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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 A (Agricultural) 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#1664 for
an Oil and Gas Production Facility in a PUD(Planned Unit Development)with E (Estate), C-1 and
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-1664.
3) The attached Development Standards.
4) County Road 28 is classified by the County (1-25 Mixed Use
Development Area Structural Plan - Map 2.2 Structural
Transportation Network) as a minor arterial road which requires a
100-foot right-of-way. A total of 50 feet from the centerline of
County Road 28 shall be delineated on the plat. The future and
existing right-of-way, including the documentation creating them,
shall be delineated on the plat.
5) The access road shall be a graded and drained road to provide an
all-weather access.
B. The applicant shall address the concerns of the Department of Public
Works, as outlined in the referral dated August 11, 2008. Written evidence
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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 Colorado Department of
Transportation, as outlined in the referral dated July 16, 2008. Written
evidence of approval shall be submitted to the Department of Planning
Services.
D. The applicant shall attempt to address the concerns of the Town of Mead,
as outlined in the referral dated July 29, 2008. Written evidence of approval
shall be submitted to the Department of Planning Services.
E. The applicant shall provide, to the Weld County Department of Planning
Services, a copy of the access permit issued by the Colorado Department
of Transportation (CDOT) which grants access to State Highway 66, or
written evidence that the applicant has complied with the requirements of
CDOT.
F. The Colorado Department of Transportation (CDOT) has jurisdiction over
all accesses to State Highways. The applicant shall contact CDOT to verify
the access permit, or for any additional requirements that may be needed
to obtain or upgrade an access permit.
G. 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.
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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 thirty(30)days from the date of
the Board of County Commissioner Resolution, a $50.00 recording continuance
charge shall be added for each additional three (3) month period.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 8th day October, A.D., 2008.
4 E Ica BOARD OF COUNTY COMMISSIONERS
' f • WELD COUNTY, COLORADO
ATTEST: � ��-•���' ` yC�..�
Wiliam H. Jerke, Chair
Weld County Clerk to the ' ��
i $' 1l 11U
ti ,� an r- Robert.D. asden, Pro-Tem
BY:
De y Cler 'to the Board
Willie GarciaQQ r
R' ED ` " „JD � 1 F
David E. Long /1 I
o � torney I�I n��c�042yry D4-,C-
(.Douglasademac'Pt r
Date of signature: 16'(5/dg
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CARMA BAYSHORE, LLC
C/O KERR-MCGEE OIL AND GAS ONSHORE, LP
USR#1664
1. The request for a Site Specific Development Plan and Use by Special Review Permit#1664
is for an Oil and Gas Production Facility in a PUD (Planned Unit Development) with
E (Estate), C-1 and C-2 (Commercial), and R-1, R-2, R-3, and R-4 (Residential) 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. 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 it is 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
that 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 that 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 portable toilet facilities shall be provided during drilling/construction.
10. Bottled water shall be utilized for drinking and hand washing during drilling/construction.
11. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
12. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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13. 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.
14. 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.
15. 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 the
site.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. The applicant shall provide a letter of approval from the Mountain View Fire Protection
District prior to setting any equipment or structures.
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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 and the
Stormwater/Drainage Impact Fee Programs.
25. All lighting on the site shall be in compliance with Section 23-3-360.F of the Weld County
Code.
26. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
27. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
28. 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.
29. 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.
30. 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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