HomeMy WebLinkAbout20082547.tiff • BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Roy Spitzer, 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-1666
APPLICANT: Milky Way Owners Association Inc
PLANNER: Jacqueline Hatch
REQUEST: A Site Specific Development Plan and a Special Review Permit for an Oil and Gas
Production Facility in Western Dairymen in the C-3 and I-1 Zone District.
LEGAL DESCRIPTION: Open space lot within Western Dairymen Cooperative being part of NE4 NW4 of
Section 10,T2N, R68W of the 6th P.M.,Weld County, Colorado.
LOCATION: West of CR 7.5 and South of State Highway 119.
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
"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 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 a
Special Review Permit for an Oil and Gas Production Facility in Western Dairymen
Cooperative PUD with C-3 (Business Commercial) and I-1 (Industrial) Zone Districts is to
directionally drill three oil and gas wells by twinning an existing well and augment the existing
production facility.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the C-3(Business
Commercial)and I-1 (Industrial)Zone Districts.Section 23-3-230.D.3 and 23-3-300.D.1 of the
Weld County Code provides for an Oil and Gas Production Facility in the C-3 (Business
Commercial)and I-1 (Industrial)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 property is located within the PUD for the Western Dairymen
Cooperative and the Mixed Use Development Area. The surrounding property consists of
agricultural uses to the west,commercial development to the east,the City of Firestone to the
north and an open classroom area and St Vrain School site part of Idaho Creek PUD
residential subdivision to the south. One telephone call was received from surrounding
property owner requesting more information on the site but offered no comments. This area
is in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency
Management Agency(FEMA)and shall require a FHDP Permit. 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 Oa
municipalities. The existing site is located within the three mile referral area for the Cities o ri
9nnR_9cez
• Resolution USR-1666
Milky Way Owners Association Inc
Page 2
Firestone, Frederick, Longmont and the Town of Mead. The City of Longmont responded
and indicated in their referral dated July 29, 2008 that they have reviewed the request and
find no conflicts with their interests. The Town of Frederick in their referral dated July 14,
2008 state the wells are within the Towns planning area and within an area designated for
rural residential uses per their comprehensive plan. The town requests that the applicant
install fencing to meet the Towns requirements and advise them that the wells will be subject
to the Town's code upon annexation. The applicant has responded to the Town of
Frederick's referral in a letter dated September 4, 2008 and state that the Town of
Frederick's recommendation to install fencing to meet the Town's requirements was taken
under advisement. Given that the property in question has not yet been annexed into the
Town of Fredrick KMG will comply with the fencing guidelines established by Weld County.
No comments were received from the City of Firestone and the Town of Mead. There are
forty six (46) property owners located within 500' 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. This area is in a Special Flood Hazard Area (SFHA) as
determined by the Federal Emergency Management Agency(FEMA).
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 Department of Planning Services met with the applicant on August 15, 2008 to discuss the referrals
received. The applicant has submitted a response letter dated September 4, 2008 addressing many of the
referrals. The Conditions of Approval outlined below are the remaining items that still need to be addressed.
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-1666.(Department of Planning Services)
• 3. The attached Development Standards. (Department of Planning Services)
• Resolution USR-1666
Milky Way Owners Association Inc
Page 3
4. The applicant shall provide a paved tracking control pad at the entrance location that
extends from County Road 7.5 a minimum of 100 feet down the access road. At the
end of the pavement, the applicant shall install two cattle guards back to back.
(Department of Public Works)
5. The access road shall be shown as a 30 foot recorded easement. (Department of
Public Works)
B. The applicant shall address the concerns of the Department of Public Works as outlined in
their referral dated July 30, 2008. 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 State of Colorado Department of
Transportation, as outlined in their referral dated July 16,2008. 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 Department of the Army,Corps of Engineers,
as outlined in their referral dated July 17, 2008. Written evidence of approval shall be
submitted to the Department of Planning Services. (Department of Planning Services)
E. The applicant shall address the concerns of the State of Colorado Division of Wildlife, as
• outlined in their referral dated August 9, 2008. Written evidence of approval shall be
submitted to the Department of Planning Services. (Department of Planning Services)
F. The applicant shall submit written evidence to the Department of Planning Services that the
access width requirements for emergency equipment have been met from the Mountain View
Fire Protection District. (Department of Planning Services)
G. 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(a�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)
•
• Resolution USR-1666
Milky Way Owners Association Inc
Page 4
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)
•
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
• DEVELOPMENT STANDARDS
Kerr McGee Oil and Gas Onshore LP
USR-1666
1. The Request for a Site Specific Development Plan and a Special Review Permit for an Oil and Gas
Production Facility in Western Dairymen Cooperative PUD with C-3(Business Commercial)and 1-1
(Industrial)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 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 toilet facilities(portable toilets)shall be provided during drilling/construction.(Department of
Public Health and Environment)
10. Bottled water shall be utilized for drinking and hand washing during drilling/construction. (Department
of Public Health and Environment)
11. 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)
12. 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)
13. 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)
Resolution USR-1666
Milky Way Owners Association Inc
Page 6
14. 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)
15. 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)
16. 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)
17. 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)
18. 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)
19. 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)
20. 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)
21. 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)
22. 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)
23. Provide a letter of approval from Mountain View Fire Protection District prior to setting any equipment
or structures. (Department of Building Inspection)
24. 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 850C
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.
Resolution USR-1666
Milky Way Owners Association Inc
Page 7
• 25. 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)
26. 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)
27. The facility operates twenty-four(24) hours a day, seven(7)days a week. (Department of Planning
Services)
28. All lighting on site shall be in compliance with Section 23-3-360.F of the Weld County Code.
(Department of Planning Services)
29. 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)
30. 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)
31. 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)
32. 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)
33. 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)
Motion seconded by Mark Lawley.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Doug Ochsner
Erich Ehrlich
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.
Resolution USR-1666
Milky Way Owners Association Inc
Page 8
•
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 September 16, 2008.
Dated the 161h of
September, 2008.
Kristine Ranslem
Secretary
•
•
074O
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
• Tuesday, September-H, 2008
A regular meeting of the Weld County Planning Commission was held in the Southwest Weld County
Conference Room, 4209 CR 24.5, Longmont, Colorado. The meeting was called to order by Chair, Doug
Ochsner, at 1:30 p.m.
ROLL CALL ABSENT
Doug Ochsner-Chair
Tom Holton -Vice Chair
Nick Berryman
Paul Branham
Erich Ehrlich
Robert Grand
Bill Hall
Mark Lawley '-.)
Roy Spitzer
Also Present: Jacqueline Hatch, Kim Ogle, Department of Planning Services; Don Dunker, Department of
Public Works; Lauren Light, Department of Health; Cyndy Giauque, County Attorney, and Kris Ranslem,
Secretary.
Commissioner Ochsner noted a change that he wished to make to make on page 7 of the September 2,2008
minutes. He recalled that Mr. Haren stated that there will not be a backup plan for pumping.
Robert Grand moved to approve the amended September 2, 2008 Weld County Planning Commission
•
minutes, seconded by Roy Spitzer. Motion carried.
The Chair announced that there are two items on the Consent Agenda. He read the first item into record.
CASE NUMBER: USR-1664
APPLICANT: Carma Bayshore LLC
PLANNER: Jacqueline Hatch
REQUEST: 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.
LEGAL DESCRIPTION: Four parcels-Lot B of RE-4103 being part of NW4, Lot B of RE-1840 being part of
NE4, Pt SW4 and Pt SE4 all being in Section 25,T3N, R68W of the 6th P.M., Weld
County, Colorado.
LOCATION: East of CR 11 and south of and adjacent to State Highway 66.
The Chair asked Ms. Hatch if she wishes for this case to remain on consent. She replied yes.
The Chair asked the applicant if they wish for this case to remain on the Consent Agenda as well. The
applicant 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 if any of the Planning Commission members wished to hear this case. No one wished to
speak.
EXHIBIT
The Chair read the next case on the Consent Agenda.
• CASE NUMBER: USR-1666
APPLICANT: Milky Way Owners Association Inc 11 C
CdS(L 4 1444
PLANNER: Jacqueline Hatch
REQUEST: A Site Specific Development Plan and a Special Review Permit for an Oil and Gas
Production Facility in Western Dairymen.
LEGAL DESCRIPTION: Open space lot within Western Dairymen Cooperative being part of NE4 NW4 of
• Section 10,T2N, R68W of the 6th P.M.,Weld County, Colorado.
LOCATION: West of CR 7.5 and South of State Highway 119.
The Chair asked Ms. Hatch if she wishes for this case to remain on consent. She replied yes.
The Chair asked the applicant if they wish for this case to remain on the Consent Agenda as well. The
applicant 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 if any of the Planning Commission members wished to hear this case. No one wished to
speak.
Roy Spitzer moved to approve the Consent Agenda, including USR-1664 and USR-1666, and that these
cases 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 Mark
Lawley. Motion carried.
The Chair read the next case into record as a hearing item.
CASE NUMBER: USR-1662
APPLICANT: Noble Energy
PLANNER: Kim Ogle
REQUEST: Site Specific Development Plan and Use by Special Review for Mineral Resource
Development Facility including Oil and Gas Support and Service(storage of pipe
(tubulars)and production equipment)in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot C, AmRE-4066; part of the SE4 of Section 31,T4N, R66W of the 6th P.M.,Weld
• County, Colorado.
LOCATION: North of and adjacent to CR 38, East of CR 25.5; 1300 feet west of SH 60.
Kim Ogle, Department of Planning Services, stated that the applicant is Curt Moore with Noble Energy and is
represented by Rick Behning, Jennifer Henninger and Vince Harris of Baseline Corporation.
The sign for this hearing and the Board of County Commissioners hearing of October 1, 2008 was posted
September 5, 2009 by staff.
The site is located north of and adjacent to County Road 38,east of County Road 25.5 and 1300 feet west of
State Highway 60. The property is within the three-mile referral area of the Town of Gilcrest,Town of Milliken,
and the Town of Platteville. The Town of Gilcrest did not return a referral. The Town of Milliken in their
referral received July 25, 2008 indicated that the site is located within the Town's growth area and requested
that the applicant contact the town about annexation. The representatives from Noble Energy had discussions
with the Town of Milliken and indicated that it is mutually agreed that the annexation at this time does not
serve either the Town or the owner's interest due to the relatively distant location and lack of services. The
Town of Platteville in their referral dated July 8, 2008 had indicated no conflict with their interests.
Mr. Ogle commented that the proposed facility is for a storage yard for receiving,storage and dispatching the
piping and surface equipment for the continuing operation of 5000+ oil and gas wells in the DJ basin.
The surface equipment includes certain production equipment including production tanks, water pits,
separators, heater-treaters, pumping units, meter houses, stairs, landings,emission control devices including
burners and compressors and other miscellaneous equipment for delivery of oil and gas production facilities.
The facility will return used pipe to the facility for inspection by Tuboscope and is either re-utilized or sold as
scrap iron when it comes back from the field. An independent testing contractor will be on-site to conduct this
• activity.
There is normally one(1)full-time Noble Energy employee on-site and two(2)full-time contract employees
who operate forklifts for loading and unloading materials from the trucks. On average,thirty trucks will arrive
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