HomeMy WebLinkAbout20081774.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1653 FOR AN OIL AND GAS PRODUCTION FACILITY WITHIN A PUD
(PLANNED UNIT DEVELOPMENT) WITH E (ESTATE), C-1 AND C-2 (COMMERCIAL),
AND R-1, R-2, R-3,AND R-4(RESIDENTIAL)ZONE DISTRICTS-CARMA BAYSHORE,
LLC / KERR-MCGEE OIL AND GAS ONSHORE, LP
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 9th day of
July, 2008, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the
application of Carma Bayshore, LLC, 188 Inverness Drive West, Suite 150, Englewood, Colorado
80112, and Kerr-McGee Oil and Gas OnShore, LP, 1099 18th Street, 6th Floor, Denver, Colorado
80202, for a Site Specific Development Plan and Use by Special Review Permit#1653 for an Oil
and Gas Production Facility within a PUD(Planned Unit Development)with E(Estate),C-1 and C-2
(Commercial), and R-1, R-2, R-3, and R-4(Residential)Zone Districts, on the following described
real estate, being more particularly described as follows:
Part of Tract E in the St. Vrain Lakes Filing #1; being
part of the NE1/4 of Section 35, Township 3 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Terry Enright at said hearing, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS,the Board of County Commissioners heard all of the testimony and statements
of those present, studied the request of the applicant and the recommendation of the Weld County
Planning Commission and all of the exhibits and evidence presented in this matter and, having
been fully informed, finds that this request shall be approved 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 Board of County Commissioners that the applicant has shown
compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.B.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, will meet all setback/offset
requirements during construction, and the location will be screened after
installation.
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SPECIAL REVIEW PERMIT#1653 - CARMA BAYSHORE, LLC/ KERR-MCGEE OIL AND GAS
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b. Section 23-2-230.B.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 and C-2 (Commercial), and R-1, R-2, R-3, and R-4
(Residential)Zone Districts, in addition to the Development Standards of the
PUD (Planned Unit Development) on the site (PZ-1078).
c. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The applicant is proposing to
directionally drill seven (7)oil and gas wells on approximately four(4)acres,
all being placed on property owned by the Carma Bayshore, LLC,
Homeowners'Association(HOA). The applicant and the surface land owner
have an agreement in place,dated October 12,2007, recorded at Reception
Number 3510917. The Department of Planning Services Landscape
referral, dated April 7, 2008, strongly encourages an integral landscape
treatment be implemented on the location which will tie into the existing
framework of the St. Vrain Lakes PUD Master Plan. The applicant has
indicated, in the 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 the land is "prime, if irrigated," but has been zoned for
development. The District further indicated the land slopes to the St. Vrain
River, buffers should be developed around the construction sites, and a
noxious weed plan should be developed. A Stormwater Drainage and
Noxious Weed Control Plan have been submitted and approved.
d. Section 23-2-230.B.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, respectively, that they have no conflicts with the
proposal. The Town of Mead, in its referral dated April 22, 2008,
recommended the 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 off of County Road 9.5. No comments were received from the
Town of Firestone.
e. Section 23-2-230.8.5 -- 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-Wide Road Impact
Fee Program. Effective August 1, 2005, building permits issued on the
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proposed lots will be required to adhere to the fee structure of the Capital
Expansion Impact Fee and the Stormwater/Drainage Impact Fee Programs.
f. Section 23-2-230.B.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 A(Agricultural).
g. Section 23-2-230.6.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the Weld
County Code), Conditions of Approval,and Development Standards ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County. The
Mountain View Fire Protection District, in the referral dated April 10, 2008,
stated the Fire District does not object to the drilling of the wells, and the
Response Plan meets its requirements. The Department of Public Health
and Environment, in an e-mail dated June 2, 2008, indicated that the Dust
Abatement Plan submitted by the applicant is satisfactory and that the
referral comments, dated April 29, 2008, have been addressed.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Carma Bayshore, LLC, and Kerr-McGee Oil and Gas
OnShore, LP, for a Site Specific Development Plan and Use by Special Review Permit#1653 for
an Oil and Gas Production Facility within a PUD (Planned Unit Development)with E (Estate), C-1
and C-2 (Commercial), and R-1, R-2, R-3, and R-4 (Residential) Zone Districts, on the parcel of
land described above be, and hereby is, granted subject to the following conditions:
1. Prior to recording the plat:
A. The applicant shall submit, to the Departments of Planning Services and
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.
B. The plat shall be amended to delineate the following:
1. The attached Development Standards.
2. The plat shall comply with Section 23-2-260.D of the Weld County
Code.
3. A tracking pad shall be placed at the access location onto Piedra
River Road and County Road 28.
C. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
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2. Prior to Construction:
A. The applicant shall contact the Weld County Department of Public Works
to obtain the necessary Moving Permits associated with oil and gas drilling.
3. Upon completion of Condition of Approval #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 the Department of Planning Services. 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.
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 three (3) month period.
5. The Department of Planning Services respectfully 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@co.weld.co.us.
6. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat is
ready to be recorded in the office of the Weld County Clerk and Recorder.
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SPECIAL REVIEW PERMIT#1653 - CARMA BAYSHORE, LLC/ KERR-MCGEE OIL AND GAS
ONSHORE, LP
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The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 9th day of July, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
\r It�j WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk to the sf
\9 - illia H. Jerke, Chair
Robert D. Mgsd n, Pro-Tern
BY: Set-P Deputy ClerkBoard 6,4
'
Garcia
APPRQD A CJ c c,�
Davi E. Long
LV
7 unty Attorney RECUSED
Douglas Rademacher
Date of signature: 7
2008-1774
PL1972
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CARMA BAYSHORE, LLC
AND KERR-MCGEE OIL AND GAS ONSHORE, LP
USR#1653
1. A Site Specific Development Plan and Use by Special Review Permit#1653 is for an Oil
and Gas Production Facility within a PUD(Planned Unit Development)with E(Estate), C-1
and C-2(Commercial),and R-1, R-2, R-3, and R-4(Residential)Zone Districts, 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.
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.
4. When development occurs around the site, the turning radii shall be upgraded to a 40-foot
minimum,to ensure the oil and gas traffic stays in the appropriate traffic lanes and does not
jump the sidewalks while turning into the wellhead and tank battery areas. All damages
created by oil and gas traffic to the surrounding roadways, curbs, gutters, and sidewalks
will be required to be repaired at the expense of the site operator.
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) of the Colorado Department of Public Health and Environment.
Alternately, the applicant may 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 Department of Public Health and Environment, shall be
submitted to the Department of Planning Services.
6. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 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.
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, Section 30-20-100.5, C.R.S.
8. Waste materials shall be handled, stored,and disposed of in a manner that controls fugitive
dust,fugitive particulate emissions,blowing debris,and other potential nuisance conditions.
9. The operation shall comply with all applicable rules and regulations of the Colorado Oil and
Gas Conservation Commission.
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.
11. This facility shall comply with all applicable State noise statutes and/or regulations.
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DEVELOPMENT STANDARDS - CARMA BAYSHORE, LLC / KERR-MCGEE OIL AND GAS
ONSHORE, LP (USR#1653)
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12. Adequate portable toilet facilities shall be provided during the drilling/construction.
13. Bottled water shall be utilized for drinking and hand washing during drilling/construction.
14. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
15. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
16. Effective January 1, 2003, building permits issued on the proposed lots will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
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 Programs.
18. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
19. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the 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 Use by 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.
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