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Home My WebLink About20080577.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Tom Holton, 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-1628 APPLICANT: TARH E&P Holdings, L.P. PLANNER: Chris Gathman LEGAL DESCRIPTION: W2NE4SE4 of Section 23,T6N, R66W of the 6th P.M.,Weld County, Colorado. REQUEST: A Site Specific Development Plan and a Special Review Permit for oil and gas production facilities(two oil and gas wells)in the R-1 (Low Density Residential) Zone District. LOCATION: Approximately 1/4 mile north of CR 66 and approximately Y:mile west of CR 35. 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 tank battery site is located outside the boundaries of this USR and is located on agricultural zoned property. Tank batteries are a Use by Right in the A(Agricultural)Zone District and therefore are not required to be addressed under this USR. B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)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 vacant agricultural land. Sonny View Estates subdivision is located approximately 600 feet to the north and east. The two wellheads will be located adjacent to an existing wellhead. The nearest residence will be located approximately 650-feet from the nearest wellhead 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 municipalities. The site is not located within an urban growth area nor intergovernmental agreement boundary. The site is located within the 3-mile referral area for the City of Greeley. The City of Greeley, in their referral dated October 17, 2007 indicated no conflict with their interests. E. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code. The site lies within a floodplain as defined by FEMA. Any wellheads constructed on site will be required to meet the requirements of Section 26-5-260-N of the Weld County Code. 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) • 2008-0577 !Mr.' Resolution USR-1628 TARH E&P Holdings, L.P. Page 2 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 wellhead facilities will take up a small portion of the site and will not prevent agricultural production on the site. 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 prepared in accordance with Section 23-2-260.D and shall be amended as follows: 1) All sheets of the plat shall be labeled USR-1628. (Department of Planning Services) 2) The type of easement/right-of-way accessing the site(if any)shall be identified. (Department of Public Works) 3) The two(2) proposed well heads shall be indicated on the plat aligned and to the north of the existing well head. The wells shall be a maximum of 50 feet apart from • each other. (Department of Planning Services) B. 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, Colorado Department of Health and Environment. A deferment of 45 days for this requirement will be allowed to give the applicant time to file their first production report. Alternately, the applicant can provide evidence from the APCD that they are not subject to these requirements. Evidence that this information has been received and approved by the Health Department shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) C. The applicant shall submit a dust abatement plan to the Weld County Department of Public Health and Environment. Written evidence of Health Department approval shall be provided to the Department of Planning Services. (Department of Public Health & Environment) D. The applicant shall address the requirements of the Colorado Department of Transportation (CDOT)as stated in their referral response received October 9, 2007. (CDOT) E. The applicant shall vacate the portion of USR-599 located within the proposed boundaries of USR-1565 utilizing the procedures outlined under Section 23-2-200.G of the Weld County Code. (Department of Planning Services) F. 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) • Resolution USR-1628 TARH E&P Holdings, L.P. Page 3 2. Upon completion of 1. and 2. 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. One month prior to construction: A. A stormwater discharge permit may be required for a development/redevelopment/construction site where a contiguous or noncontiguous land disturbance is greater than or equal to one acre in area. Contact the Water Quality Control Division of the Colorado Department of Public Health and the Environment at www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of Public Health and Environment) 4. 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) 5. 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) 6. 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 DEVELOPMENT STANDARDS TARH E & P Holdings LP • USR-1628 1. A Site Specific Development Plan and a Special Review Permit for an Oil and Gas production facility (two oil and gas wells) in the R-1 (Low Density Residential) Zone District as indicated in the application materials on file 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. (Department of Planning Services) 3. The existing access from State Highway 392 shall be utilized. (Department of Public Works) 4. The easement shall be a graded or drained to provide all-weather access. (Department of Public Works) 5. 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) 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. (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 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 operations shall comply with all applicable State noise statutes and/or regulations.(Department of Public Health and Environment) 10. Adequate toilet facilities (port-a-potty)shall be provided during drilling/construction. (Department of Public Health and Environment) 11. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank Regulations. (Department of Public Health and Environment) 12. 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) 13. Bottled water shall be provided for employees for drinking and hand washing during drilling/construction. (Department of Public Health and Environment) 14. 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) • Resolution USR-1628 TARH E&P Holdings, L.P. Page 5 • 15. 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) 16. A building permit shall be obtained prior to the construction or placement of oil and gas equipment on the site. (Department of Building Inspection) 17. 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 runoff. (Department of Public Works) 18. The applicant must take into consideration storm water capture/quantity and provide accordingly for best management practices. (Department of Public Works) 19. 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. (Department of Public Works) 20. The applicant is required to comply with all Colorado Oil and Gas Conservation Commission (COGCC) rules and regulations including drill pad construction, storm water controls, and reclamation. (Department of Public Works) 21. The applicant 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) • 22. 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) 23. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. 24. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 25. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 26. 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. 27. 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. • 28. 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. Resolution USR-1628 TARN E&P Holdings, L.P. Page 6 • 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. 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 January 8, 2008. Dated the 81h of January, 2008. Kristine Ranslem Secretary • -cd8 P.M.,Weld County, Colorado. • REQUEST: An amendment to the PUD change of zone(create one(1)additional residential lot with estate zoned uses)for Avery Acres PUD. LOCATION: East of and adjacent to CR 43 and north of and adjacent to CR 70. Chris Gathman, Department of Planning Services, stated that the applicant has submitted a request for a continuance as they need to meet State Mineral Owner notice requirements. He added that they also are looking at revising the application to create an additional 2nd residential lot which would require re- notification. The applicant is requesting a continuance until February 5, 2008. Mr. Gathman said that staff is supportive of the request. The Chair asked if there was anyone in the audience who wished to speak for or against the continuation of this case. Jeff Raisley, 35844 Avery Dr., asked how they could obtain a copy of how the two additional lots will be platted. Mr. Gathman stated that he would get them a copy as the applicant will be submitting a revised map this week. Tom Holton moved to continue Case AmPZ-512 to February 5, 2008, seconded by Roy Spitzer. Motion carried unanimously. The Chair read the next case into record. CASE NUMBER: USR-1628 APPLICANT: TARH E&P Holdings, L.P. PLANNER: Chris Gathman LEGAL DESCRIPTION: W2NE4SE4 of Section 23,T6N, R66W of the 6th P.M.,Weld County,Colorado. REQUEST: A Site Specific Development Plan and a Special Review Permit for oil and gas production facilities(two oil and gas wells)in the A(Agricultural)Zone District. • LOCATION: Approximately 1/4 mile north of CR 66 and approximately Y mile west of CR 35. Chris Gathman, Department of Planning Services, stated that the application is a request for a Special Use Permit to allow two (2)well heads to be placed in the Residential Zoned District. Mr. Gathman commented that there was a letter received from the representative of the landowner dated November 26, 2007 in which they are requesting that the proposed wells be relocated so they are in a north/south direction rather than an east/west direction. Mr. Gathman stated that currently there is one well head on the site and in the original proposal it was stated to locate one well head approximately 35 feet to the east and the other one approximately 35 feet to the west of the existing well head. The applicant has indicated that they are acceptable to relocate the wells so that one well is 35 feet north of the existing well and one well is 35 feet south of the existing well. Mr. Gathman commented that part of this application lists some future tank batteries and compressors to be located to the north of this site, however these are on Agricultural Zoned properties and they would actually be a Use by Right and would not be a part of this application. He clarified that the only part of this application are the two (2) proposed well heads as that property is zoned Single-Family Residential. Mr. Gathman added that from the letter dated November 26, 2007, another item that the landowner is requesting is that the compressor be electrically powered or sound-proofed to mitigate noise issues. Mr. Gathman added that if there ever is a compressor that is placed on the site, it will be placed to the north which is Agricultural Zoned property and again it is not under this application. Mr.Gathman wished to make a correction and stated that in the original notice for this case,the property was identified as Agricultural,which is incorrect,and should be Single Family Residential. Mr.Gathman stated that in talking with the County Attorney, he indicated that the description of the proposed use for the two(2)well heads was accurately described in the notice, so no re-notification was necessary for this hearing. However ;o, • we will correct this notification prior to the Board of County Commissioners hearing. a sew. Commissioner Ehrlich asked if there is a difference in distance, in terms of well heads, to Residential areas s versus Agricultural. Mr.Gathman replied that it is 350 feet away in Single Family Residential versus 150 feet f" n` for well heads and 200 feet for tank batteries in the Agricultural Zone District. Commissioner Ehrlich asked if this is still outside of the 350 feet as it is zoned Single Family Residential. Mr. • Gathman stated that it is. Commissioner Ehrlich recalled approving a PUD in the next section over and asked if that would infringe on the 350 feet. Mr.Gathman replied that the subdivision is further to the north and there wouldn't be any issues with that. Commissioner Branham commented that the plan is to add an oil storage tank and a water storage tank off- site where the current batteries are located. Mr. Branham asked if we approve this application as it is now,will that prohibit the applicant from adding any storage tanks on the site in the future. Mr. Gathman said that per their application they are showing those improvements to be to the north on the adjacent property so it would not be on the same site. Mr. Gathman clarified that per their application the only thing that they are being approved for right now would be the two(2)well heads. Mr. Branham asked that if they wanted to put storage tanks on the site, they would have to come back. Mr. Gathman replied that was correct. Tom Hellerich,Winters, Hellerich&Hughes, mentioned that he represents the applicant. He commented that Mr. Gathman indicated that we had agreed that we would put one well to the north and the other to the south of the existing well. Mr. Hellerich indicated that he wasn't sure how to interpret the letter that came in from the landowner's representative, however his interpretation is that they want both well heads to the north. Mr. Hellerich commented that they are not opposed to doing either one. Mr. Hellerich mentioned the issue of the spacing of the 35 feet and commented that they will try to accommodate that but the Oil and Gas Commission regulations give them up to 50 feet. He added that if they go less than 50 feet,then they have to go through a special process to do that. He handed out a copy of those regulations to the Planning Commission. Mr. Hellerich stated that due to the nature of the drilling requirements,they may not be able to comply with the • 35 feet, however they will comply with what the Oil and Gas Commission regulations are. Commissioner Holton asked if the 35 feet is a development standard. Mr. Gathman replied that it is not and added that it was a request of the landowner. Mr. Gathman commented that since it is up to the Oil and Gas Commission, he is not sure if we have the authority to enforce that. Commissioner Holton asked for clarification on the location of the wells. Mr.Gathman stated that per the letter from the landowner, they want both well heads to be to the north. He added that originally they had wanted it on either side of the well, but the two wells under the proposal would be located to the north of the existing well head. Commission Holton suggested making that into a development standard. Mr. Gathman said that he would add that in and include it to be shown on the plat. The Chair asked if the Department of Public Works had anything to add. Dave Snyder commented that they do not have anything to add to this. He added that their main access is off of the State Highway for the majority of their work and occasionally they may use the County Road to the south. The Chair asked the Department of Public Health if they had anything to add. Pam Smith said that the employees will be there only for drilling and the site will be an un-manned site. She added that it will be a small impact on an ongoing basis. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Commissioner Lawley asked about the impact on these roads and how the County addresses that. Don Carroll, Department of Public Works, commented that they require permits for over-width and over-weight • vehicles,therefore the drilling rigs need to secure permits with the Department and are then permitted to utilize the County maintained roads. Mr. Gathman said that he would add a condition under Number 1, item A.3 to state"The two(2)proposed well heads shall be indicated on the plat aligned and to the north of the existing well head. The wells shall be a maximum of 50 feet apart from each other. • Robert Grand moved to accept the amended Conditions of Approval and Development Standards,seconded by Paul Branham. Motion carried unanimously. The Chair asked the applicant if they read through the amended Development Standards and Conditions of Approval and if they are agreement with those. The applicant replied that they are in agreement. Tom Holton moved that Case USR-1628, be forwarded to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Mark Lawley seconded the motion. Motion carried unanimously. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick Berryman,yes; Paul Branham,yes; Erich Ehrlich,yes;Robert Grand,yes;Bill Hall,yes;Mark Lawley,yes; Roy Spitzer, yes; Tom Holton, yes; Doug Ochsner, yes. Motion carried unanimously. Meeting adjourned at 2:01 p.m. Respectfully submitted, 4/3h-11SUU\Jb/ Kristine Ranslem Secretary • 10/4/01 f Hippely if they wish to have this case remain on Consent. Ms. Hippely stated that at • j g' voS ke to pull this case from the Consent Agenda and request that it be continued to the ing. re was anyone in the audience who wished to speak for or against this application. No one wished to speak. Paul Branham moved that Case USR-1606 be continued to the January 8, 2008 Planning Commission meeting, seconded by Erich Ehrlich. Motion carried unanimously. Paul Branham moved that Case USR-1631, 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, Roy Spitzer seconded the motion. Motion carried unanimously. The Chair read the following case into record. CASE NUMBER: USR-1628 APPLICANT: TARN E&P Holdings,L.P. PLANNER: Chris Gathman LEGAL DESCRIPTION: W2NE4SE4 of Section 23,T6N, R66W of the 6th P.M.,Weld County, Colorado. REQUEST: A Site Specific Development Plan and a Special Review Permit for oil and gas production facilities(two oil and gas wells)in the A(Agricultural)Zone District. LOCATION: Approximately 1/4 mile north of CR 66 and approximately'A mile west of CR 35. Chris Gathman, Department of Planning Services, stated that he received correspondence from the representative for the applicant. He added that he is unable to attend the hearing today and they request that this case be continued until January 8, 2008. • The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Roy Spitzer moved that Case USR-1628 be continued until January 8, 2008, seconded by Tom Holton. Motion carried unanimously. The Chair moved to Case Number USR-1633 and read it into record. CASE NUMBER: USR-1633 APPLICANT: Spicer Ranches,LTD PLANNER: Roger Caruso LEGAL DESCRIPTION: SW4 of Section 27,T7N, R65W of the 6th P.M.,Weld County,Colorado. REQUEST: A Site Specific Development Plan and Special Use Permit for Roping Arenas,to include both indoor and outdoor arenas,commercial, in the(A)Agricultural Zone District. LOCATION: North of and adjacent to CR 76 and East of and adjacent to CR 43. Roger Caruso, Department of Planning Services, stated that Linda Hulse, who is the representative for Spicer Ranches, LTD is requesting a continuance to the April 1, 2008 Planning Commission meeting to resolve the Department of Public Works and Department of Health concerns. Mr. Caruso commented that staff recommends the continuance be granted until the April 1, 2008 Planning Commission hearing. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Roy Spitzer moved that Case USR-1633 be continued until April 1, 2008,seconded by Robert Grand. Motion carried unanimously. • The Chair read the following case into record. CASE NUMBER: USR-1632 APPLICANT: Verizon Wireless PLANNER: Hannah Hippely Hello