HomeMy WebLinkAbout20070031.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Doug Ochsner,that the following resolution be introduced for approval by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1565
APPLICANT: TARH E&P Holdings LP
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Parts of Lots C&D of RE-3868;encompassing the entire W2SE4 of Section
23, T6N, R66W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for oil &gas
production facilities in the R-1 (Low Density Residential)Zone District.
LOCATION: North of and adjacent to CR 66; 1/4 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 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.
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. Existing single-family
residences are located to the south and west of the site (across County Road 66). Sonny
View Estates subdivision is located approximately 1/4 mile to the east. The nearest
residence will be located approximately 800-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 June 22, 2006 indicated that the site
appeared to be within "Sensitive Areas is" identified on the City of Greeley Areas of
Ecological Significance Map. The city directed the applicant to consult with the Division of
Wildlife for appropriate site specific and cumulative impact mitigation procedures. Further,
the City of Greeley indicated that proof of compliance with State Air Pollution regulations
should be provided. These items are addressed as Conditions of Approval.
E. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code.
The site does not lie within any overlay zones.
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)
EXHIBIT
2007-0031 TR
use 1546
Resolution USR-1565
TARN E&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.
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 Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to the Board of County Commissioners hearing:
A. The applicant shall provide written notification of the Board of County Commissioners hearing
for USR-1565 and the intent to vacate the portion of USR-599 located within the proposed
boundaries of USR-1565.Written evidence that notification has been provided along with any
written responses from these property owners shall be provided to the Department of
Planning Services. (Department of Planning Services)
2. 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-1565.(Department of Planning Services)
2) County Road 66 (AA Street) is a collector road that requires 80-feet of right-of-way
at full build out. There is presently 60-feet of right-of-way. An additional 10-feet
shall be delineated as future right-of-way for County Road 66. All setbacks shall be
measured from the edge of future county road right-of-way. (Department of Public
Works)
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 after first production 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 by the Health Department
shall be submitted to the Department of Planning (Department of Public Health and
Environment)
C. 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 attempt to address the requirements of the City of Greeley as stated in
their referral dated June 20, 2006. Written evidence of such shall be provided to the
Department of Planning Services. (City of Greeley)
E. The applicant shall provide to the Weld County Department of Planning Services a copy of
the access permit issued by the Colorado Department of Transportation (CDOT) which
grants access to State Highway 392,or written evidence that the applicant has complied with
the requirements of the Colorado Department of Transportation (CDOT).
Resolution USR-1565
TARN E&P
Page 3
F. The applicant shall attempt to address the requirements of the Eaton Fire Protection District,
as stated in their referral dated June 19, 2006, in regards to access road width and road
surfaces. (Eaton Fire Protection District)
G. 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)
H. 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)
3. 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)
4. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Recorded Exemption/Subdivision Exemption/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[D_co.weld.co.us. (Department
of Planning Services)
5. 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
TARN E & P Holdings LP
USR-1565
1. A Site Specific Development Plan and a Special Review Permit for an oil and gas production facility
(three 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 shall be utilized. (Department of Public Works)
4. The right-of-way or easement shall be a graded or drained road 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 facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone
District as delineated in 25-12-103, C.R.S. (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. 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)
12. Bottled water shall be provided for employees for drinking and hand washing during
drilling/construction. (Department of Public Health and Environment)
13. 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)
14. A building permit shall be obtained prior to the construction or placement of oil and gas equipment
on the site. (Department of Building Inspection)
15. 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)
16. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
17. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
Resolution USR-1565
TARH E&P
Page 2
18. Personnel from the Weld County Departments of Public Health and Environment, Planning Services
and Public Works 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.
19. 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.
20. 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 Roy Spitzer
VOTE:
For Passage Against Passage Absent
Bruce Fitzgerald
Erich Ehrlich
Roy Spitzer
Chad Auer
Doug Ochsner
James Welch
Tom Holton
Paul Branham
Mark Lawley
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,Voneen Macklin, 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 September 5, 2006.
Dated the 5th of September, 2006.
\ I C��9_.� ✓rte
Voneen Macklin
Secretary
5- 'fit'
Mr.Crews continued with questions regarding the timing. Ms.Davis indicated this was addressed in Condition
of Approval 3.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Tom Holton asked Mr. Hein is mats will be required. Mr. Hein stated the access already existing and it would
be a CDOT issue.
Doug Ochsner moved to amend Development Standard#9 as suggested and correct the typo. Roy Spitzer
seconded. Motion carried.
Tom Holton asked if there needed to be a deletion of Condition of Approval 1A. Mr. Hein suggested leaving
the condition in to delineate the 140 feet of right-of-way that is needed on the roadway.
Paul Branham moved that Case USR-1571, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Tom Holton seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy
Spitzer, yes; Chad Auer, yes; Tom Holton, yes; Doug Ochsner, yes; Paul Branham, yes; Mark Lawley, yes.
Motion carried unanimously.
CASE NUMBER: USR-1565
APPLICANT: TARH E&P Holdings LP
PLANNER: Chris Gathman
LEGAL DESCRIPTION: W2SE4 of Section 23, T6N, R66W of the 6th P.M., Weld County,
Colorado
REQUEST: Site Specific Development Plan and Special Review Permit for oil &gas
production facilities in the R-1 (Low Density Residential)Zone District
LOCATION: North of and adjacent to CR 66; 1/4 mile west of CR 35
Chris Gathman, Department of Planning Services indicated that staff had received a letter of opposition.
The attorney that wrote the letter is not present. Mr. Gathman passed out the letters.
Cyndy Giauque added that if the letters were being considered it would need to come off the Consent
Agenda.
The case was reopened at the end of the hearing.
Cyndy Giauque, County Attorney, indicated she has reviewed the letter and surface use agreement from
the land owner's attorney opposition attorney. There is nothing in the agreement that shows the oil and
gas entity would be limited to a certain area on the site. The Planning Commission is not restrained from
hearing the USR.
Chris Gathman, Department of Planning Services presented Case USR-1565, reading the
recommendation and comments into the record. The Department of Planning Services is recommending
approval of the application along with the Conditions of Approval and Development Standards. Planning
staff recommends the following changes:
1)Town of Windsor(listed under referral responses received on page 1)shall be removed.
2)Condition of Approval 1.A(page 4)shall be revised to read:
Prior to the Board of County Commissioners hearing:
I
"The applicant shall provide written notification of the Board of County Commissioners hearing for
USR-1565 and the intent to vacate the portion of USR-599 located within the proposed boundaries of
USR-1565. Written evidence that notification has been provided along with any written responses from
these property owners shall be provided to the Department of Planning Services."
3) Development Standard#9(page 6)shall be removed.
Char Davis, Department of Public Health and Environment, added that Development Standards#12
needs to be deleted also.
Tom Holton asked for clarification on the way the property is split and how it fits into the USR boundary.
Mr. Gathman stated the USR boundary is the 80 acres, the lower portion is lot A and the upper portion is
lot C. The surface use agreement shows the wells and tank batteries but those are in the agricultural
zone of the site.
Paul Branham asked if there are presently any wells on site. Mr. Gathman stated there is one well head on
site towards the lower portion of the site. Mr. Branham asked how wide the access road was. Mr.
Gathman stated it was approximately 20 feet which is standard. There are no obstructions in the area.
Mr. Gathman clarified that a condition is provided that the recommendation/concerns of the Eaton Fire
Protection District, one of which is the road width.
William Crews, representative for the applicant, provided additional clarification. The site is actually part of
Lots C& D not A& D. This is a site for three wells, two drilled and one directional. The tank battery is in
the agricultural zone area and more will be added. The applicant will be in contact with the various
agencies and abide by those regulations.
William crews indicated his concerns with criteria 2d and the ecological area of the ditch and what is expected
of this. The area does not seem to have an ecological factor. Mr. Gathman indicated that was what the
referral from City of Greeley requested and the applicant only need to attempt to address those concerns. Mr.
Crews has questions with regards to 2B and the timing of production to meet APEN requirements. Ms.Davis
stated the 45 days will be allowed. The format was changed from this application to the next application. The
way the time frame was addressed has been changed in formatting only. The Department of Public Health
and Environment has every intention of allowing the 45 day production. Mr. Crews added that the issue with
Hwy 392 access has no concerns from Windsor. Mr.Gathman stated that was correct,as long as the access
is not under county responsibility it is under CDOT jurisdiction and there needs to be something addressing
the access in the file.
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 asked whether the agreement is something that is different from the Planning Commission scope
and if this was approved would it have an affect on either the applicant or the agreement. Ms.Giauque stated
the Planning Commission is not bound by the agreement.
Doug Ochsner moved to accept staff recommendations on Condition of Approval 1A. Tm Holton seconded.
Motion carried.
Tom Holton moved to delete Development Standards#9 and Development Standards #12 and renumber.
Doug Ochsner seconded. Motion carried.
Paul Branham moved to amend Condition of Approval 2B to reflect "after 1st production"in the second
sentence. Tom Holton seconded. Motion carried.
Doug Ochsner moved that Case USR-1565, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Roy Spitzer seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy
5
Spitzer, yes; Chad Auer,yes; Tom Holton, yes; Doug Ochsner, yes; Paul Branham, yes; Mark Lawley, yes.
Motion carried unanimously.
Meeting adjourned at 3:00 pm
Respectfully submitted
Voneen Macklin
Secretary
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