HomeMy WebLinkAbout20081775.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
•
Moved by Mark Lawley,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-1653
APPLICANT: Carma Bayshore LLC,
c/o Kerr McGee Oil and Gas Onshore LP, represented by Joseph Lorenzo
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Part of Tract E in the St.Vrain Lakes Filing#1 being part of NE4 of Section 35,T3N,
R68W of the 6th P.M.,Weld County, Colorado.
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
LOCATION: Approximately 1/4 mile east of CR 9.5 and approximately 1/4 mile south of CR 28.
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 22-5-80.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 and will meet all
• setback/offset requirements during construction and the location will be screened after
installation.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the I-1 (Industrial)
Zone District. Section 23-3-310.D.1 of the Weld County Code provides for oil and gas
production facilities as a Use by Special Review in the E(Estate), C-1,C-2(Commercial), R-
1, R-2, R-3 and R-4(Residential)Zone Districts and per the Development Standards of the
PUD on site (PZ-1078).
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses.The applicant is proposing to directionally drill seven oil and gas wells
on approximately four acres all being placed on property owned by Carma Bayshore LLC
HOA.The applicant and the surface land owner have an agreement in place dated October
12, 2007, reception number 3510917. The Department of Planning Services Landscape
referral dated April 7, 2008 strongly encourages an integral landscape treatment be
implemented on location that will tie into the existing framework of the St.Vrain Lakes PUD
Master Plan. The applicant has indicated in their response letter dated May 19, 2008 that
Carma Bayshore LLC will provide for PUD compliant landscaping in areas outside the USR
boundaries. The Longmont Soil Conservation District referral letter dated April 8,2008 states
that the land is prime if irrigated but has been zoned for development and that the land slopes
to the St. Vrain River and that buffers should be developed around the construction sites.
The Longmont Conservation District also recommended that a noxious weed plan be
developed. The applicant states that a stormwater drainage and noxious weed control plan
has been submitted and approved.
• EXHIBIT
2008-1775 1 ,.7
K RR-*I 53
Resolution USR-1653
Carma Bayshore LLC
• Page 2
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 lies within the three mile referral area for the Towns of Firestone,
Frederick and Mead and the City of Longmont. The Town of Fredrick and the City of
Longmont indicated in their referrals dated April 14, 2008 and April 16, 2008 that they have
no conflicts with their interests. The Town of Mead in their referral dated April 22, 2008
recommended that location of the access should be between Piedra River Road and Lake
Catamount within the PUD. The applicant has responded to the Town of Mead's referral
indicating that a temporary construction access will be located off of County Road 28 and a
permanent access is planned on roads off of County road 9.5. No comments were received
from the Town of Firestone.
E. Section 23-2-220.A.5--The site does not lie within any Overlay Districts.
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.This criteria is not applicable,
• as the site is not zoned Agricultural.
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. The Mountain
View Fire Protection District in their referral dated April 10, 2008 states that the Fire District
does not object to the drilling of the wells. The Response Plan meets the requirements of the
Fire District. The applicant also addresses the referral from the Department of Public Health
and Environment dated April 29, 2008 requesting a Dust Abatement Plan. The Department
of Public Health and Environment in an email dated June 2, 2008 indicated that the Dust
Abatement Plan is satisfactory.
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 May 8,2008 to discuss the referrals received.
The applicant submitted a letter dated May 19, 2008 that attempted to address the comments outlined in the
received 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:
Prior to recording the plat:
A. The applicant shall submit to the Department of Planning Services and the Department of
Public Works a letter from the Mountain View Fire Protection District stating that the
• accesses to the site meet the width and weight capacity for emergency purposes.
(Departments of Planning Services and Public Works)
Resolution USR-1653
Carma Bayshore LLC
Page 3
• B. The plat shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning Services)
2. The plat shall comply with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
3. A tracking pad shall be placed at the access location onto Piedra River Road and
County Road 28. (Department of Public Services)
C. 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. Prior to Construction:
A. The applicant shall contact the Weld County Public Works Department to obtain the
necessary moving permits associated with oil and gas drilling. (Department of Public Works)
3. 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)
• 4. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005,should the plat not
be recorded within the required thirty(30)days from the date of the Board of County Commissioners
resolution a$50.00 recording continuance charge shall be added for each additional 3 month period.
(Department of Planning Services)
5. 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 mapsAco.weld.co.us. (Department of Planning Services)
6. 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)
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
• DEVELOPMENT STANDARDS
Kerr McGee Oil and Gas Onshore LP
USR-1653
1. 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
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. During construction of the site the applicant shall be responsible to clean/sweep any mud tracked
onto County Road 9.5 on a daily basis if necessary. (Department of Public Works)
4. When development occurs around the site the turning radii will have to be upgraded to 40'minimum,
to ensure the oil and gas traffic stay in their traffic lanes and do not jump the sidewalks as they turn
into the wellhead and tank battery areas. All damages created by oil and gas traffic to the
surrounding roadways,curbs and gutters and sidewalks will be required to be repaired at the expense
of site operator. (Department of Public Works)
5. 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 that the
requirements have been met to the satisfaction of the Weld County Health Department shall be
submitted to the Department of Planning Services. (Department of Public Health and Environment)
. 6. 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)
7. 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 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)
8. 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)
9. The operation shall comply with all applicable rules and regulations of the Colorado Oil and Gas
Conservation Commission. (Department of Planning Services)
10. 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)
11. This facility shall comply with all applicable State noise statutes and/or regulations. (Department of
Public Health and Environment)
12. Adequate toilet facilities(port-a-potty)shall be provided during the drilling/construction.(Department
of Public Health and Environment)
13. Bottled water shall be utilized for drinking and hand washing during drilling/construction.(Department
of Public Health and Environment)
• 14. If applicable,the applicant shall obtain a storm water discharge permit from the Colorado Department
of Public Health and Environment,Water Quality Control Division. (Department of Public Health and
Environment)
Resolution USR-1653
Carma Bayshore LLC
Page 5
•
15. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
16. 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)
17. 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)
18. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
19. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
20. 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.
21. 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.
22. 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.
Motion seconded by Erich Ehrlich.
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-1653
Carma Bayshore LLC
Page 6
•
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 June 17, 2008.
Dated
the 17th of June, 2008.
r /
Kristine Ranslem
Secretary
•
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1, -l7-,2O08
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
• Tuesday, June 17, 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, Tom Honn, Department of Planning Services; Don Carroll, Department of
Public Works; Lauren Light, Department of Health; Cyndy Giauque, County Attorney(via phone), and Kris
Ranslem, Secretary.
Robert Grand moved to approve the June 3,2008 Weld County Planning Commission minutes,seconded by
Tom Holton. Motion carried.
The Chair read the case into record.
• CASE NUMBER: USR-1653
APPLICANT: Carma Bayshore LLC,
c/o Kerr McGee Oil and Gas Onshore LP, represented by Joseph Lorenzo
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Part of Tract E in the St.Vrain Lakes Filing#1 being part of NE4 of Section 35,T3N,
R68W of the 6th P.M.,Weld County, Colorado.
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
LOCATION: Approximately 1/4 mile east of CR 9.5 and approximately 1/4 mile south of CR 28.
The Chair asked Jacqueline Hatch, Department of Planning Services,if staff wishes for this case to remain on
consent. Ms. Hatch replied that staff, as well as the applicant, wish for this case to remain on consent.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Mark Lawley moved that Case USR-1653, 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 Erich Ehrlich.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Paul Branham, absent; Erich Ehrlich, yes; Robert Grand, yes; Bill Hall, absent; Mark Lawley,
yes; Roy Spitzer, yes; Tom Holton, yes; Doug Ochsner, yes. Motion carried.
The Chair opened the meeting to the Public and asked if there was anyone in the audience who wished to
speak. No one wished to speak.
• r
The Chair asked if any of the Commissioners had any new business or possible code changes they would like t
m
to discuss.
cy
Commissioner Holton asked Tom Honn, Planning Director,about the wind generators and how the County will X
a+mvn
handle it with regard to the Code.
• Tom Honn, Planning Director, commented that this subject has surfaced over the last month with fairly
significant interest by a variety of folks. We are getting questions from people who possible want to construct
large type towers down to some smaller scale towers.
Mr. Honn commented that currently our code doesn't really address these in any particularly helpful way other
than recognizing the wind farms which typically go through a 1041 process because of their nature. He added
that what we are finding is that there is a lot of interest in finding alternative energy on a scale that they can
have it at their home or on their farm to generate some limited amount of electricity that will potentially reduce
the cost of their current electrical bill.
Mr. Honn stated that there is a definition in our code that talks about wind turbines and it says that everything
will be processed under the Use by Special Review except if you are under 70 feet in height, if you produce
less than 50 kilovolts, and if it's related to your farm and ranch operation. The dilemma that we will have to
wrestle with is in subdivisions 70 feet doesn't seem like much but it is still fairly high. He commented that a lot
of the light poles in the parking lot generally range from 15 to 50 feet in height. One of issues that will come
into play when we start looking at this is how many should fall under the use by right or some other sort of
review process. He also commented that there will be noise and aesthetic issues for some neighbors
involved. He stated that today if you had a rural parcel not in a subdivision and you wanted to construct one
less than 70 feet in height,and it produces less than 50 kilovolts you could put on up with a building permit. If
that is not the case, then everything else falls under the Use by Special Review process. Therefore we need
to evaluate where they would fit and what the fees may be that is applicable to the type of use. He is hopeful
that we can broaden where the Use by Right falls and then have some additional review process that is
certainly less than the Use by Special Review and is more of an administrative process. Mr. Honn indicated
that he would entertain any thoughts or comments from anyone.
Commissioner Lawley expressed that we should be aware of the impacts to the farmers and ranchers and not
• be so restrictive. Mr. Honn agreed and felt that is why it was originally put in there as traditionally there have
been the windmills for livestock, etc.
Commissioner Grand commented that they are currently looking at a bond issue for their school district and
are looking at some alternative energy. He asked if the regulatory issues would be the same for them as a
farm activity. Mr. Honn stated that under state law and the way the County interprets it, is that a proprietary
function to a school district does not go through a county process. He is not sure if that would fall under that
same proprietary exemption, however he felt that it would fall into that use if it can be shown that way. He
commented that he will put that on his list to be answered.
Commissioner Berryman asked how the application fee compares to the total cost for wind generators. Mr.
Honn replied that the small scale generators range from approximately$10,000 to$15,000 for the equipment
and installation. There is a fairly substantial concrete base that gets set. The tower is approximately$2500
and also approximately$5500 for the propeller or generator unit that sits on top. Correspondingly,the$2500
application fee may sound like a fairly large percentage of that cost but it is more of a function of that use and
the extent of the review that is associated. If we did a more administrative process the fee could go down,
depending upon if there were hearing processes involved.
Commissioner Holton felt that it is a good idea and commented that it would make us more consistent with
state statutes. He cited House Bill 08-1270 which concerns the removal of restrictions on the use of energy
efficiency measures in connection with real property as well as Senate Bill 07-145 which basically states that
local governments can offer incentives with their fees. Mr. Honn commented that the Governor's Energy
Office met with the County Commissioners. There are some programs that are out there but you have to get
to a certain point for the Governor's office to help. Mr. Holton mentioned that he was referring more to the
building permits and giving incentives there. Mr. Honn commented that the building permit really isn't
expensive; it's more of the USR process. Mr. Holton agreed and by keeping those fees down it will make it
more viable.
• Commissioner Spitzer asked how much of what percentage of household use do the windmills provide. Mr.
Honn stated that it suggests the average home use would be supplemented with 40 and up to as much as 80
percent.
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• Mr. Honn asked the Commissioners to think about the height issue and to look around for what would be the
50 and 75 feet standards. It's important for the county to establish that as a point of reference. He
commented that it's a matter of what might be acceptable and added that they will also seek input from the
public.
Commissioner Lawley asked if surrounding counties have looked at this as well. Ms. Hatch stated that the
County of Boulder does have some definitions and we are looking into it.
Meeting adjourned at 2:00 p.m.
Respectfully submitted,
: lire gadal -nn
Kristine Ranslem
Secretary
•
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