HomeMy WebLinkAbout20080193.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1631 FOR AN OIL AND GAS PRODUCTION FACILITY (FIVE OIL AND GAS
WELLS,FIVE SEPARATORS AND METER HOUSES,FIVE PRODUCTION TANKS,AND
TWO WATER TANKS) IN THE R-1 (LOW-DENSITY RESIDENTIAL) ZONE DISTRICT -
HUNGENBERG INVESTMENTS, LLC,AND, D AND B HUNGENBERG INVESTMENTS,
LLC, C/O MATRIX ENERGY, LLC
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 30th day of
January, 2008, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Hungenberg Investments, LLC, and D and B Hungenberg Investments, LLC,
976 North Balsam, Greeley, Colorado 80631, c/o Matrix Energy, LLC, 300 East Boardwalk,
Building 6A, Fort Collins,Colorado 80525,for a Site Specific Development Plan and Use by Special
Review Permit#1631 for an Oil and Gas Production Facility(five oil and gas wells, five separators
and meter houses,five production tanks,and two water tanks)in the R-1 (Low-Density Residential)
Zone District, on the following described real estate, being more particularly described as follows:
Lot B of Corrected Recorded Exemption #3564;
being part of the N1/2 SE1/4 of Section 29,
Township 6 North, Range 65 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, said applicant was represented by Patrick Groom, 822 7th Street, Suite 760,
Greeley, Colorado 80631, 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 23-2-230.5 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. The property where the new
2008-0193
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SPECIAL REVIEW PERMIT #1631 - HUNGENBERG INVESTMENTS, LLC, AND D AND B
HUNGENBERG INVESTMENTS, LLC, C/O MATRIX ENERGY, LLC
PAGE 2
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), and it will allow for a multiple well pad
site, which supports the orderly development of the mineral resource.
b. Section 23-2-230.B.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 23-2-230.B.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 southeast
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 Colorado 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, south,
and west of the site.
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 is
located within the three-mile referral area for the City of Greeley. The City
of Greeley's referral response, dated October 24, 2007, recommends
approval of the application.
e. Section 23-2-230.B.5--The application complies with Chapter 23,Article V,
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 Chapter 23, Article V, 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-Wide Road Impact Fee Program. Effective
August 1,2005, building permits issued on the proposed lots will be required
2008-0193
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SPECIAL REVIEW PERMIT #1631 - HUNGENBERG INVESTMENTS, LLC, AND D AND B
HUNGENBERG INVESTMENTS, LLC, C/O MATRIX ENERGY, LLC
PAGE 3
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. The site is located on land designated as "prime"; however the
placement of wellheads and the associated tank battery facility occupy a
small portion of the site, and the use of a shared pad site for multiple wells
will not prevent agricultural production on the site. The shared pad site is
a practice which, overall, allows for fewer disturbances of productive
agricultural lands.
g. Section 23-2-230.6.7 -- 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 the health, safety, and welfare of
the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Hungenberg Investments, LLC,and D and B Hungenberg
Investments, LLC, c/o Matrix Energy, LLC, for a Site Specific Development Plan and Use by
Special Review Permit #1631 for an Oil and Gas Production Facility (five oil and gas wells, five
separators and meter houses, five production tanks, and two water tanks)in the R-1 (Low-Density
Residential)Zone District,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 plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1631.
2) The plat shall be prepared in accordance with Section 23-2-260.D of
the Weld County Code.
3) The plat shall show the entire parcel and clearly delineate the area
covered by this permit.
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.
5) The plat shall delineate how the site has access to County Road 41.
Since the parcel does not have direct access to the County Road,
the applicant shall submit, to the Weld County Department of
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SPECIAL REVIEW PERMIT #1631 - HUNGENBERG INVESTMENTS, LLC, AND D AND B
HUNGENBERG INVESTMENTS, LLC, CIO MATRIX ENERGY, LLC
PAGE 4
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 Recorder's reception number.
6) The proposed access road crosses the Bliss Lateral Ditch. A ditch
crossing agreement shall be obtained and be referenced on the plat
by the Weld County Clerk and Recorder's reception number.
7) County Road 41 (1st Avenue) is a local paved road which requires
60 feet of right-of-way at full buildout. 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.
B. The applicant shall obtain all building permits, as required by Weld County
Code.
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.
D. The applicant shall address the concerns and requirements of the Weld
County Department of Public Works, as outlined in the referral dated
October 23, 2007. Written evidence that these concerns have been
addressed shall be submitted to the 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 October 31,200T. Written evidence that these concerns have
been addressed shall be submitted to the Department of Planning Services.
F. The applicant shall address the concerns and requirements of the Weld
County Department of Planning Services, as outlined in the Landscape
referral dated October 1, 2007. Written evidence that these concerns have
been addressed shall be submitted to the 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), and transportation (access road surfacing)
improvements. The applicant shall submit an itemized landscaping bid to
the Department of Planning Services 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,
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SPECIAL REVIEW PERMIT #1631 - HUNGENBERG INVESTMENTS, LLC, AND D AND B
HUNGENBERG INVESTMENTS, LLC, C/O MATRIX ENERGY, LLC
PAGE 5
or, the applicant may submit evidence that all the work has been completed
and approved by the Departments of Planning Services and Public Works.
2. 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.
3. 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.
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 may be added for each additional three (3) month period.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 30th day of January, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: /7 A n i I ,04/ Ay tE ,��
w . Jerke, Chair
Weld County Clerk to the Board 1861rr . r
1c1 ' o n, Pro-Tem
4:27/...47/A
Deputy Jerk to the Board ( /`�
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APPROVt?D AS Td F V ov-{ L. u:')`
David E. Long
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\
ounty Attorney 1
ougla Rademache
Date of signature: f
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HUNGENBERG INVESTMENTS, LLC
AND D AND B HUNGENBERG INVESTMENTS, LLC
C/O MATRIX ENERGY, LLC
USR#1631
1. A Site Specific Development Plan and Use by Special Review Permit #1631 is for an Oil
and Gas Production Facility(five oil and gas wells, five separators and meter houses, five
production tanks, and two water tanks) in the R-1 (Low-Density Residential)Zone District
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. 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.
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, Section 30-20-100.5, C.R.S.
5. Waste materials shall be handled,stored,and disposed of in a manner that controls fugitive
dust, fugitive particulate emissions, blowing debris, and other nuisance conditions.
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.
7. The operation shall comply with all applicable state noise statutes and/or regulations.
8. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Health and Environment, Water Quality Control Division.
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 and volatile organic compounds.
10. 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.
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 Programs.
12. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
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DEVELOPMENT STANDARDS - HUNGENBERG INVESTMENTS, LLC, AND D AND B
HUNGENBERG INVESTMENTS, LLC, C/O MATRIX ENERGY, LLC (USR#1631)
PAGE 2
13. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
14. 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.
15. 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.
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.
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.
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