HomeMy WebLinkAbout20080588.tiff HEARING CERTIFICATION
DOCKET NO. 2008-20
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1628
FOR AN OIL AND GAS PRODUCTION FACILITY (TWO OIL AND GAS WELLS) IN THE
R-1 (LOW DENSITY RESIDENTIAL)ZONE DISTRICT-OGILVY IRRIGATING AND LAND
COMPANY,C/O TARN E AND P HOLDINGS,L.P.,AND TEXAS AMERICAN RESOURCES
COMPANY
A public hearing was conducted on March 5, 2008, at 2:00 p.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tern
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Cyndy Giauque
Planning Department representative, Jacqueline Hatch
Health Department representative, Lauren Light
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated February 15, 2008, and duly published February 20,
2008, in the Fort Lupton Press, a public hearing was conducted to consider the request of Ogilvy
Irrigating and Land Company, c/o TARN E and P Holdings, L.P., and Texas American Resources
Company, for a Site Specific Development Plan and Use by Special Review(USR) Permit#1628
for an Oil and Gas Production Facility(two oil and gas wells) in the R-1 (Low Density Residential)
Zone District. Cyndy Giauque, Assistant County Attorney, made this a matter of record. Chris
Gathman, Department of Planning Services, presented a brief summary of the proposal and
entered the favorable recommendation of the Planning Commission into the record as written. He
stated the application proposes two wellheads in a Low-density Residential Zone District, and the
site is accessed from County Road 66 on the south, and State Highway 392 on the north. He
stated there is potential for future wellheads and compressors north of the site; however, that
property is zoned A(Agricultural). Mr. Gathman stated staff did receive one telephone inquiry, as
well as a letter from Astrella and Rice, PC, marked Exhibit 6b, indicating Keirnes Land Company
is authorized to represent the Ogilvy Irrigating and Land Company. He stated the letter requests
the two proposed wells be located and aligned north of the existing well to limit surface impacts to
future residential and existing agricultural uses on the property, and that the compressor be
electrically powered or sound-proofed to mitigate noise. He further stated the applicant has agreed
to a north-south alignment, per the request of the letter. Mr. Gathman stated there is an existing
wellhead, the applicant is proposing two additional wellheads, the property to the north is zoned
A (Agricultural), which allows the compressor as a Use by Right, and he displayed photos of the
site and surrounding area. In response to Commissioner Masden, Mr. Gathman stated
compressors and tank batteries may be added on the property to the north; however, that parcel
is not part of the subject application. Responding to Commissioner Jerke, Mr. Gathman stated
2008-0588
PL1954
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HEARING CERTIFICATION-OGILVY IRRIGATING AND LAND COMPANY, C/O TARH E AND P
HOLDINGS, L.P., AND TEXAS AMERICAN RESOURCES COMPANY(USR#1628)
PAGE 2
Condition of Approval#1.A.3 addresses the two proposed wellheads,which shall be aligned north
of the existing wellhead, with a maximum separation of 50 feet.
Lauren Light, Department of Public Health and Environment, stated the proposal would be a Use
by Right in the A (Agricultural) Zone District; however, the subject property is zoned
R-1 (Low-Density Residential),which requires a USR permit. She stated the site will be unmanned,
and staff is requiring temporary water and portable toilet facilities while the well is being drilled, as
well as the submittal of a Dust Abatement Plan.
David Snyder, Department of Public Works, stated the application proposes to use the existing
accesses from County Road 66 and State Highway 392, which is under the jurisdiction of the
Colorado Department of Transportation(CDOT). In response to Commissioner Garcia, Mr.Snyder
stated the Conditions of Approval require the applicant to meet CDOT's standards.
Thomas Hellerich, Attorney, stated the applicant has agreed to the proposed well location and
alignment, and has limited the request to only two wells, in an effort to address neighborhood
concerns. He stated the applicant is willing to comply with CDOT requirements, as well as the
requests of the land owner in this case. In response to Commissioner Jerke, Mr. Hellerich stated
they will use the appropriate traffic controls to service the oil wells from State Highway 392.
Responding to Commissioner Masden, Mr. Hellerich stated the facility will be required to comply
with noise standards, and lighting should not be an issue, since digging the well will only take about
a week. Mr. Gathman added the nearest residence is approximately 650 feet from the well site.
No public testimony was offered concerning this matter. In response to Commissioner Jerke,
Mr. Hellerich stated he and the applicant have reviewed, and concur with, the Conditions of
Approval and Development Standards, as proposed.
Commissioner Long moved to approve the request of Ogilvy Irrigating and Land Company, c/o
TARH E and P Holdings, L.P., and Texas American Resources Company, for a Site Specific
Development Plan and Use by Special Review Permit#1628 for an Oil and Gas Production Facility
(two oil and gas wells) in the R-1 (Low Density Residential) Zone District, based on the
recommendations of Planning staff and the Planning Commission,with the Conditions of Approval
and Development Standards as entered into the record. The motion was seconded by
Commissioner Garcia, and it carried unanimously. There being no further discussion, the hearing
was completed at 2:25 p.m.
2008-0588
PL1954
HEARING CERTIFICATION-OGILVY IRRIGATING AND LAND COMPANY,C/O TARN E AND P
HOLDINGS, L.P., AND TEXAS AMERICAN RESOURCES COMPANY (USR#1628)
PAGE 3
This Certification was approved on the 10th day of March, 2008.
APPROVED:
E j BOARD OF COUNTY COMMISSIONERS
Ni AC4.9
LI I i, ` ELD COUNTY, COLORADO
ATTEST:
k
liam H. Jerke, Chair
Weld County Clerk to the B W e
JO Robert
—7
. l d ro-Tem
BY:
Dep Cler the Board
(
Willi Garcia
c--
avid . Long
Douglas Rademach r
2008-0588
PL1954
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1628 - OGILVY IRRIGATING AND LAND COMPANY, CIO TARN E AND P
HOLDINGS, LP, AND TEXAS AMERICAN RESOURCES COMPANY
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 01/08/2008
and 12/04/2007)
D. Clerk to the Board Notice of Hearing (Filed under Legals)
E. Applicant Revised plat map, received 01/25/2008
F. Planning Staff Certification and Photo of sign posting
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