HomeMy WebLinkAbout20071871.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 passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: AmUSR-646
APPLICANT: Paul& Michael Hungenberg c/o Petroleum Development Corporation
(PDC)
PLANNER: Hannah Hippely
LEGAL DESCRIPTION: Portions of Section 32 and 33,T6N, R65W of the 6th P.M.,Weld
County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for an Oil
and Gas Production Facility(continuing permitted oil and gas
production facilities and an additional 2 oil and gas wells& 1 additional
tank battery facility) in the R-1 (Low-Density Residential)Zone District.
LOCATION: East of and adjacent to 15'Avenue (CR 41) and .75 miles South of O
Street(CR 64).
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 Weld County 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. The property where the new
facilities are located is currently under agricultural production and is without any structures.
The permit for the USR-646 was obtained in 1984 by RA Resources. This amendment is
necessary to permit the additional 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.
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 west of the 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 located within the 3-mile referral area for the City of Greeley. The
City of Greeley did not respond to the referral request.
e. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code.
The site is affected by both the Weld County-Greeley Airport and FEMA FIRM panel map
080266 0628C, the applicant is compliant in regards to both overlay districts.
EXHIBIT
AmUSR-646, Hungenburg do PDC, Page 1 of 6 ,
2007-1871
Resolution AmUSR-646
Hungenberg do PDC
Page 2
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. The site is located on land
designated as"prime";however the wellheads and surface tank battery facility occupy a small
portion of the site and will not prevent agricultural production on 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 Weld County Planning Commission recommendation for approval is conditional upon the following:
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 AmUSR-646. (Department of Planning
Services)
2) County Road 41 (1st Avenue) is a local paved road that requires 60-feet of right-of-
way at full build out.There are 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. (Department of Public Works)
3) The plat shall show the entire area covered by this permit and shall be prepared in
accordance with Section 23-2-260.D of the Weld County Code. (Department of
Planning Services)
4) All existing wellheads and tank battery facilities shall be clearly shown on the plat.
(Department of Planning Services)
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 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 and approved by the Health Department shall be submitted to
the Department of Planning Services. (Department of Public Health and Environment)
C. The applicant shall 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)
AmUSR-646, Hungenburg do PDC, Page 2 of 6
Resolution AmUSR-646
Hungenberg do PDC
Page 3
D. 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. 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)
3. 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 maps(o�co.weld.co.us. (Department of Planning Services)
4. 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)
5. 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)
AmUSR-646, Hungenburg do PDC, Page 3 of 6
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
Paul and Michael Hungenburg c/o Petroleum Development Corporation
DEVELOPMENT STANDARDS
AMUSR-646
1. A Site Specific Development Plan and a Special Review Permit for an Oil and Gas production facility
(continuing permitted oil and gas production facilities and an additional 2 oil and gas wells & 1
additional tank battery facility) 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. (Department of Planning Services)
3. The existing access directly across from 'F' Street shall be used. (Department of Public Works)
4. The applicant and/or operator shall operate in accordance with Emergency Response and Fire
Protection Plan as approved by the Eaton Fire Protection District. (Department of Planning Services)
5. The easement shall be a graded or drained to provide all-weather access. (Department of Public
Works)
6. 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)
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 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)
8. 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)
9. 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)
10. Adequate toilet facilities (port-a-potty) shall be provided during drilling/construction. (Department of
Public Health and Environment)
11. The operation shall comply with all applicable State noise statutes and/or regulations.(Department of
Public Health and Environment)
12. If applicable,the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Health and Environment, Water Quality Control Division. (Department of Public Health and
Environment)
13. 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)
14. Bottled water shall be provided for employees for drinking and hand washing during
drilling/construction. (Department of Public Health and Environment)
Resolution AmUSR-646
Hungenberg c/o PDC
Page 5
15. 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)
16. A building permit shall be obtained prior to the construction or placement of oil and gas equipment on
the site. (Department of Building Inspection)
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) (Department of Planning Services)
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 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.
23. 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.
Motion seconded by Tom Holton.
VOTE:
For Passage Against Passage Absent
Bruce Fitzgerald
Chad Auer
Tom Holton
Doug Ochsner
James Welch
Erich Ehrlich
Roy Spitzer
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.
Resolution AmUSR-646
Hungenberg do PDC
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 5, 2007.
Dated the
:5th of June, 2007. -
13�Wairtiz`/&t' l ' -�n-)
Kristine Ranslem
Secretary
6 5-_Roo 7
PLANNER: Hannah Hippely
LEGAL DESCRIPTION: Lot B of RE-4589 and Lot A of Re-2792 both being Pt NE4 of Section 6,
T7N, R65W of the 6th P.M.,Weld County, Colorado.
REQUEST: Change of Zone from (A)Agricultural to PUD (Mackey Circle)for six(6)
lots with (E) Estate Uses.
LOCATION: South of and adjacent to CR 86 and West of and adjacent to CR 37.
Hannah Hippely, Department of Planning Services stated that the applicant, Mr. Mackey, has requested a
continuance of PZ-1130 to the July 3rd, 2007 Planning Commission hearing. The applicant has been
diligent in his efforts to address drainage issues through the resubmittal of plans and the new drainage
report. The resubmittal of these materials requires additional review time and the necessity for this
continuance.
Staff is supportive of this request.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Doug Ochsner moved that Case PZ-1130 be continued to July 3, 2007, Mark Lawley seconded the motion.
Motion carried.
CONSENT ITEMS
CASE NUMBER: AmUSR-646
APPLICANT: Paul & Michael Hungenberg do Petroleum Development Corporation
(PDC)
PLANNER: Hannah Hippely
LEGAL DESCRIPTION: Portions of Section 32 and 33,T6N, R65W of the 6th P.M., Weld
County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for an Oil
and Gas Production Facility (continuing permitted oil and gas
production facilities and an additional 2 oil and gas wells& 1 additional
tank battery facility) in the R-1 (Low-Density Residential)Zone District.
LOCATION: . East of and adjacent to 18'Avenue (CR 41)and .75 miles South of 0
Street(CR 64).
The Chair asked if any of the Commissioners wish to pull AmUSR-646 from consent to be heard. No one
wished to speak.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Commissioner Ochsner moved that Case AmUSR-646, 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, Tom Holton seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul
Branham, yes; Bruce Fitzgerald, yes; Tom Holton, yes; Mark Lawley, yes; Doug Ochsner, yes; Chad Auer,
yes. Motion carried unanimously.
HEARING ITEMS
The Chair read the case into record.
CASE NUMBER: USR-1610 APPLICANT: Michael & Melanie Scott m ;;14
PLANNER: Chris , Block n
LEGAL DESCRIPTION: Lot 13, Block 17, Camfield Townsite, Part NE4 of Section 18, T7N,
R64W of the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for
awe
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