HomeMy WebLinkAbout20080194.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Paul Branham,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-1631
APPLICANT: Hungenberg Investments LLC and D&B Hungenberg Investments LLC
PLANNER: Hannah Hippely
LEGAL DESCRIPTION: Lot B Corrected RE-3564; being part of the N2 SE4 Section 29,T6N, R65W of
the 6th P.M.,Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for an Oil and Gas
Production Facility(five oil and gas wells,five separators and meter houses,five
production tanks, and 2 water tanks)in the R-1 (Low-Density Residential)Zone
District.
LOCATION: East of and adjacent to CR 39.5 and approximately 1/2 mile north of CR 64.
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 Weld County 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 22-5-80.B (CM.Goal 2) states,
"Promote the reasonable and orderly development of mineral resources".The proposal will
have little impact on the surrounding area or subject properties. The property where the new
• facilities are located is currently used for agriculture. The use by special review is necessary
to permit the wells and tank battery facility that have recently been added to the property.
The property owner has reached an agreement with the facility operator regarding the
surface use of the property. The permit is necessary in this case because the property is
zoned R-1 (Low Density Residential). This permit allows for a multiple well pad site which
supports the orderly development of the mineral resource.
b. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the R-1 (Low
Density Residential)Zone District.Section 23-3-110.D of the Weld County Code provides for
oil or gas production facilities as a Use by Special Review in the R-1 (Low Density
Residential)Zone District.
c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The use is located on land that historically has been used to dispose
of waste onions. Existing single-family residences are located to the east, northeast and
southeast of the site.The home to the northeast is located approximately 525 feet from the
northern property line of the parcel under consideration. The home to the south east of the
facility also lies over 500 feet away. The two homes lying directly east of the property are
located within 100 feet of the property line. The applicant is required to show that the
facilities meet all setback requirements as required by both the Weld County Code and the
Oil and Gas Conservation Commission regulations. The properties to the east sit
significantly higher than the proposed facility resulting in very little noise or visual impact from
the use. There have been no letters or phone calls objecting to this proposal. Agricultural
land is located to the north and south and west of the site.
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
EXHIBIT
2008-0194
use 4I1o31
Resolution USR-1631
• Hungenberg Investments LLC
and D&B Hungenberg Investments LLC
Page 2
municipalities. The site is located within the 3-mile referral area for the City of Greeley. The
City of Greeley's referral response dated October 24, 2007 recommended approval of this
application.
e. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code.
The site is affected by the FEMA FIRM community panel map 080266 0628C. Currently,the
applicant is noncompliant with the requirements of the Flood Hazard Overlay District as listed
in Section 23-5 Division 3 of the Weld County Code. As a Condition of Approval the applicant
shall be required to bring the property into full compliance with the overlay district.
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 proposed lots 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 on land
designated as "prime", however the placement of wellheads and associated tank battery
facility occupy a small portion of the site,will not prevent agricultural production on the site,
and the use of a shared pad site for multiple wells. The shared pad site is a practice which,
overall, allows for fewer disturbances of productive agricultural lands.
• 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 Weld County 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) All sheets of the plat shall be labeled USR-1631.(Department of Planning Services)
2) The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
3) The plat shall show the entire parcel and clearly delineate the area covered by this
permit. (Department of Planning Services)
4) All existing oil and gas facilities located on the property shall be delineated on the
plat along with their respective setback radii in accordance with section 23-3-50.E of
the Weld County Code or as required by the Colorado Oil and Gas Conservation
Commission regulations. (Department of Planning Services)
•
Resolution USR-1631
Hungenberg Investments LLC
and D&B Hungenberg Investments LLC
Page 3
• 5) The plat shall delineate how the USR site has access to CR 41. Since the parcel
does not have direct access to the County Road, the applicant shall submit to the
Weld County Department of Planning Services a recorded copy of an agreement
signed by all of the owners of the property crossed by the access.The access shall
be for ingress and egress and shall be referenced on the plat by the Weld County
Clerk and Recorders reception number. (Department of Planning Services)
6) The proposed access road crosses the Bliss Lateral Ditch. A ditch crossing
agreement shall be obtained and shall be referenced on the plat by the Weld County
Clerk and Recorders reception number. (Department of Planning Services)
7) County Road 41 (1s1 Avenue)is a local paved road that requires 60-feet of right-of-
way at full build out. There is presently 60-feet of right-of-way. The applicant shall
verify the existing right-of-way and the documents creating the right-of-way shall be
noted on the plat. All setbacks shall be measured from the edge of future county
road right-of-way. (Department of Public Works)
B. The applicant shall obtain all required building permits as required by Weld County Code.
(Building Department)
C. The applicant shall submit to the Department of Planning Services for review and approval a
plan to re-vegetate the disturbed areas of the site that will not be used for access roads
and/or driveways. The areas to be re-vegetated shall be delineated on the plan map as shall
the re-vegetation plan. (Department of Planning Services)
D. The applicant shall address the concerns and requirements of the Weld County Department
• of Public Works as outlined in the referral dated 10/23/2007. Written evidence that these
concerns have been addressed shall be submitted to the Department of Planning Services.
(Department of Planning Services)
E. The applicant shall address the concerns and requirements of the Weld County Department
of Public Health and Environment as outlined in the referral dated 10/31/2007. Written
evidence that these concerns have been addressed shall be submitted to the Department of
Planning Services. (Department of Planning Services)
F. The applicant shall address the concerns and requirements of the Weld County Department
of Planning Services Landscape referral as outlined in the referral dated 10/1/2007. Written
evidence that these concerns have been addressed shall be submitted to the Department of
Planning Services. (Department of Planning Services)
G. The applicant shall submit a Private Improvements Agreement according to policy regarding
collateral for improvements and post adequate collateral for all landscaping (reseeding),
transportation (access road surfacing). The applicant shall submit to the Department of
Planning Services an itemized landscaping bid for review. 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 the Department of
Planning Services and the Department of Public Works. (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)
Resolution USR-1631
Hungenberg Investments LLC
and D&B Hungenberg Investments LLC
Page 4
•
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
senttomaps@co.weld.co.us. (Department of Planning Services)
4. 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 the Administrative Review was signed a
$50.00 recording continuance charge may be added for each additional 3 month period.(Department
of Planning Services)
•
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
• Hungenburg Investments LLC and D&B Hungenburg Investments LLC c/o Matrix Energy LLC
DEVELOPMENT STANDARDS
USR-1631
1. A Site Specific Development Plan and a Special Review Permit for an Oil and Gas production facility
(continuing permitted oil and gas production facilities and an additional 2 oil and gas wells & 1
additional tank battery facility) in the R-1 (Low Density Residential) Zone District 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. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
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. (Department of Public Health and Environment)
4. 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. (Department of Public Health and Environment)
5. Waste materials shall be handled,stored and disposed in a manner that controls fugitive dust,fugitive
particulate emissions, blowing debris, and other nuisance conditions. (Department of Public Health
and Environment)
6. 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)
• 7. The operation shall comply with all applicable State noise statutes and/or regulations.(Department of
Public Health and Environment)
8. If applicable,the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Health and Environment, Water Quality Control Division. (Department of Public Health and
Environment)
9. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with
product labeling and in a manner that minimizes the release of hazardous air pollutants(HAP's)and
volatile organic compounds (VOC's). (Department of Public Health and Environment)
10. 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) (Department of Planning
Services)
11. Effective August 1, 2005, Building Permits issued on the proposed lots 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)
12. 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)
13. 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)
14. Weld County 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. (Department of Planning Services)
Resolution USR-1631
Hungenberg Investments LLC
and D&B Hungenberg Investments LLC
• Page 6
15. The 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)
16. 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)
17. The property owner or operator shall comply with all applicable rules and regulations of State and
Federal agencies, including but not limited to the Colorado Oil and Gas Conservation Commission
rules and regulations, and the Weld County Code. (Department of Planning Services)
Motion seconded by Roy Spitzer.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
• Tom Holton
Doug Ochsner
Erich Ehrlich
Roy Spitzer
Paul Branham
Mark Lawley
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 December 4, 2007.
Dated the 4th of December, 2007.
Kristine Ranslem
Secretary
•
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, December 4, 2007
A regular meeting of the Weld County Planning Commission was held in the Weld County Department of
Planning Services, Hearing Room, 918 10th Street, Greeley, 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
Paul Branham
Erich Ehrlich
Bill Hall
Robert Grand
Mark Lawley
Roy Spitzer
Also Present: Hannah Hippely, Roger Caruso,Chris Gathman,Kim Ogle, Department of Planning Services;
Dave Snyder and Don Carroll, Department of Public Works;Char Davis, Department of Health;Bruce Barker,
County Attorney, and Kris Ranslem, Secretary.
Bill Hall moved to approve the November 20,2007 Weld County Planning Commission minutes,seconded by
Mark Lawley. Motion carried.
The Chair announced that the following two agenda items are on the Consent Agenda. He added that these
are items that have been reviewed by the Planning Commission members and staff and unless two members
of the Planning Commission feels that we need to hear these items,we will accept these and forward them to
the Board of County Commissioners.
The Chair read the case into record.
CASE NUMBER: USR-1631
APPLICANT: Hungenberg Investments LLC and D&B Hungenberg Investments LLC
PLANNER: Hannah Hippely
LEGAL DESCRIPTION: Lot B Corrected RE-3564; being part of the N2 SE4 Section 29,T6N, R65W of
the 6th P.M.,Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for an Oil and Gas
Production Facility(five oil and gas wells,five separators and meter houses,five
production tanks, and 2 water tanks)in the R-1 (Low-Density Residential)Zone
District.
LOCATION: East of and adjacent to CR 39.5 and approximately'A mile north of CR 64.
The Chair asked Hannah Hippely, Department of Planning Services, if they wish for this case to remain on
Consent. Ms. Hippely replied yes, they would like it to remain on Consent.
The Chair asked if the applicant was here and if they wish for this case to remain on Consent. The applicant
responded yes.
The Chair then asked if there was anyone from the audience who would like to comment on this case
remaining on the Consent Agenda.
John Revard, 31099 CR 41, stated that he is a neighboring property owner. Mr. Revard commented that his
concern is that this property is a Residential Low-Density property and the people that have bought properties
• along there for residential purposes are now going to be impacted by the development of oil and gas on that
particular property. He added that there isn't anything the property owners can do to stop somebody
developing their mineral rights, but they have gone in beforehand and drilled the wells and now they are m
coming back with a USR for additional site work that will be there. He expressed that since they can't stop =
them,they would like to request that they work within reasonable hours and not during the night when they are x
1.n/inn In clarionLI
• The Chair clarified with Mr. Revard if his request is that Case Number USR-1631 be heard. Mr. Revard
replied that he would like to hear the case.
The Chair asked if there were any members of the Planning Commission who wish to have this case be
heard. Commissioner Spitzer indicated that he would like to hear the case.
Commissioner Hall stated that it was his understanding that the drilling has already taken place and asked to
clarify if all they are talking about is building the tank battery at this time. Ms. Hippely replied that at this time
the entire facility is constructed.
Commission Holton asked if they are going to be doing any more construction. Ms.Hippely commented that it
is her understanding that the construction is done.
Patrick Groom, 822 7 St., Ste 760, stated that he is the attorney representing the applicant. He added that
with him is Dan Schwartz who is the President of Matrix Energy and who is doing the operating of the oil and
gas production on that site. Mr. Groom commented that all the facilities are constructed and the purpose of
the application is to bring the facility into compliance with Weld County Code and get the use permitted as a
USR right. He added that there will be no additional construction planned at this time, however it's not to say
in the future that there may be additional wells drilled but that would be an issue addressed with the Weld
County Department of Planning Services.
Commissioner Hall asked that if they are to drill an oil well that they are required to come before the
Department of Planning. Ms. Hippely replied that in the Agricultural Zone District, which the majority of the
County is zoned, Oil and Gas facilities are a Use by Right. Since this piece of property happens to be zoned
R-1, it requires a Use by Special Review Permit. She added that in this particular area of the County there are
quite a few land owners who thought their property was zoned Agriculture when it actually isn't. Therefore we
• have had a number of these Use by Special Reviews come in to address Oil and Gas facilities that exist but
aren't permitted.
Commissioner Hall asked if on the specific sites where you have new drilling, do you know if those are Ag
zoned areas or are those Residential zoned areas. Mr.Groom replied that all this area is zoned the same and
right now it is zone Residential.
Commissioner Ochsner asked when these wells were drilled. Dan Schwartz, President of Matrix Energy,
replied that these wells were drilled this past summer. Mr. Schwartz added that when they found out that it
was zoned R-1 they shut the wells down and didn't do any further work.
Commissioner Lawley commented that if there is going to be no more construction,then the question is if that
addresses Mr. Revard's concern. The Chair asked Mr. Revard that after hearing what has been discussed if
he still wishes to hear the case. Mr. Revard replied no, but asked if he was allowed to comment on what the
applicant has stated. The Chair stated that he is not, however he can make his comments to the applicant
personally and also to Ms. Hippely. He also reminded him that the Planning Commission sends their
recommendation to the Board of County Commissioners and he will have another opportunity to make his
comments there.
The Chair asked if there was anyone else who wished to hear the case. No one wished to speak;therefore it
will remain on Consent.
The Chair read the next case number into record.
CASE NUMBER: USR-1606
APPLICANT: Connell Resources Inc.
PLANNER: Hannah Hippely
• LEGAL DESCRIPTION: Lot C of RE-2972 Sections 23 and 24,T6N, R67W of the 6th P.M.,Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for a use
permitted as a Use by Right,Accessory Use,or Use by Special Review in the
Commercial or Industrial Zone Districts(highway construction equipment
maintenance and storage facility)in the A(Agricultural)Zone District.
LOCATION: East of and adjacent to CR 23 and'/ mile South of State Highway 392.
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