HomeMy WebLinkAbout20061813.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Kerr-McGee Rocky Mountain Corporation Case Number USR-1557
c/o Matt Miller
Submitted or Prepared
Prior to At
Hearing Hearing
N. 1 Staff Comments X
Department of Planning Services Field Check Form X
Planning Commissioner Field Check Form
Letter to Applicant X
Affidavit of sign posting X
Legal Notifications X
2 Application X
Maps X
Deed/Easement Certificate X
Surrounding Property/Mineral Owners X
Utilities X
` 3 Referral List X
Referrals without comment X
\ Weld County Zoning Compliance, referral received April 19, 2006 X
City of Longmont, referral received April 13, 2006 X
Longmont Soil Conservation District, referral received May 9, 2006 X
4 Referrals with comments X
N, Town of Mead, referral received April 27, 2006 X
✓ Weld County Department of Building Inspection, referral received May 10, 2006 X
N. Mountain View Fire Protection District, referral received April 25,2006 X
Weld County Department of Public Health & Environment, referral received May X
10,2006
\ Weld County Department of Public Works, referral received May 9, 2006 x
5 PC Exhibits X
5.a Email and attached letter from Diane Moore dated June 16, 2006 X
\' 5.b Memorandum from Jacqueline Hatch to Planning Commission dated June 19,2006 X
C Planning Cow '. s:_c-2 colutIOP_ X
I hereby certify that the twenty three items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Board of Co my Commissioners hearing.
I
Jacqueli a tch Planner I a
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2006-1813
hiDeLAND USE APPLICATION
COLORADO SUMMARY SHEET
Planner: Jacqueline Hatch
Case Number: USR-1557 Hearing Date: June 20, 2006
Applicant: Kerr-McGee Rocky Mountain Corporation do Matt Miller
Address: Kerr-McGee Rocky Mountain Corporation 1999 Broadway, Suite 3700 Denver, CO 80202
Request: A Site Specific Development Plan and a Special Review Permit for Oil and Gas
Production Facility (five (5) oil and/or gas wells and associated production facilities) in a
PUD with C-3 and I-1 (Commercial and Industrial)Zone Districts.
Legal
Description: Lot 5 Block 1 Rademacher Business Park being Part of NW4 of Section 23, T3N, R68W
of the 6th P.M., Weld County, CO.
Location: Approximately % mile east of 1-25 and south of and adjacent to CR 32
Parcel ID#: 1207 23 202005
Size of Parcel: 5 +/- acres (approximately 3 acres to be included in USR boundary)
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services'staff has received responses from the following agencies:
• Weld County Zoning Compliance, referral received April 19, 2006
• Weld County Department of Public Works, referral received May 9, 2006
• Weld County Department of Public Health & Environment, referral received May 10, 2006
• Mountain View Fire Protection District, referral received April 25, 2006
• Longmont Soil Conservation District, referral received May 9, 2006
• Weld County Department of Building Inspection, referral received May 10, 2006
• City of Longmont, referral received April 13, 2006
• Town of Mead, referral received April 27, 2006
The Department of Planning Services'staff has not received responses from the following agencies:
• State of Colorado, Division of Wildlife
• Oil and Gas Commission
EXHIBIT
USR-1557 Kerr-McGee Rocky Mountain Corporation Page 1
LAND USE
ION
SUMMARY SHEET
COLORADO
Planner: Jacqueline Hatch
Case Number: USR-1557 Hearing Date: June 20, 2006
Applicant: Kerr-McGee Rocky Mountain Corporation c/o Matt Miller
Address: Kerr-McGee Rocky Mountain Corporation 1999 Broadway, Suite 3700 Denver, CO 80202
Request: A Site Specific Development Plan and a Special Review Permit for Oil and Gas
Production Facility(five (5) oil and/or gas wells and associated production facilities) in a
PUD with C-3 and I-1 (Commercial and Industrial)Zone Districts.
Legal
Description: Lot 5 Block 1 Rademacher Business Park being Part of NW4 of Section 23, T3N, R68W
of the 6th P.M., Weld County, CO.
Location: Approximately 1/2 mile east of 1-25 and south of and adjacent to CR 32
Parcel ID#: 1207 23 202005
Size of Parcel: 5 +/- acres (approximately 3 acres to be included in USR boundary)
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST 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 Department of Planning Services' staff 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 and will meet all
setback/offset requirements.
B. Section 23-2-220.A.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 I-1 (Industrial) 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 five (5) wells and tank battery are being placed on
property owned by Zeek Partnership, LLC. The applicant and the surface land owner
have an agreement in place dated February 1, 2006.
USR-1557 Kerr-McGee Rocky Mountain Corporation Page 2
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 lies within the three mile referral area for the Towns of
Firestone and Mead and the City of Longmont. The Town of Mead indicated in their
referral dated April 27, 2006 that the Town Board wants the County to require the
applicant to petition to the Town for annexation. The City of Longmont indicated no
conflicts with their interests. No response was received from the Town of Firestone.
E. Section 23-2-220.A.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 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. This criteria is not
applicable, as the site is not zoned Agricultural.
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:
Prior to recording the plat:
A. 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), Colorado
Department of Health and Environment. Alternately, the applicant can 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 Health Department
shall be submitted to the Department of Planning Services. (Department of Public Health
and Environment)
B. The applicant shall address all conditions (concerns) of the Mountain View Fire
Protection District as stated in their referral dated April 25, 2006. Written evidence of
such shall be submitted to the Department of Planning Services. (Department of Planning
Services)
C. The applicant shall address all conditions (concerns) of the Weld County Department of
Public Works as stated in their referral dated May 9, 2006. Written evidence of such shall
be submitted to the Department of Planning Services. (Department of Planning Services)
r
USR-1557 Kerr-McGee Rocky Mountain Corporation Page 3
D. The applicant shall attempt to address all conditions (concerns) of the Town of Mead as
stated in their referral dated April 27, 2006. Written evidence of such shall be submitted
to the Department of Planning Services. (Department of Planning Services)
E. The applicant shall address all conditions (concerns) of the Weld County Department of
Building Inspection as stated in their referral dated May 10, 2006. Written evidence of
such shall be submitted to the Department of Planning Services. (Department of Planning
Services)
F. The plat shall be amended to delineate the following:
1. All pages of the plat shall be labeled USR-1557. (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The plat shall comply with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4. County Road 32 is designated on the Weld County Road Classification Plan as a
local paved road, which requires 60 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way. This road is maintained by the Town of Mead.
A total of 30 feet from the centerline of County Road 32 shall be delineated on
the plat. (Department of Public Works)
G. 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. Prior to Construction:
A. All required building permits shall be obtained from the Weld County Department of
Building Inspection. (Department of Building Inspection)
B. The applicant shall contact Ted Eyl at the Weld County Public Works Department to
obtain the necessary moving permits associated with oil and gas drilling. (Department of
Public Works)
3. 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)
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 3 month period. (Department of Planning Services)
5. 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 maosco.weld.co.us. (Department of Planning Services)
USR-1557 Kerr-McGee Rocky Mountain Corporation Page 4
6. 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)
USR-1557 Kerr-McGee Rocky Mountain Corporation Page 5
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Kerr McGee Rocky Mountain Corporation
USR-1557
1. The Site Specific Development Plan and a Special Review Permit for Oil and Gas
Production Facility (five (5) oil and/or gas wells and associated production facilities) in a
PUD with C-3 and I-1 (Commercial and Industrial) Zone Districts, as indicated in the
application materials on file and subject to the Development Standards stated hereon.
(Department of Planning Services)
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 site is limited to five (5) oil and/or natural gas wells. (Department of Planning
Services)
4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, 30-20-100.5, C.R.S., as amended)shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination. (Department of
Public Health and Environment)
5. 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, 30-20-100.5, C.R.S., as amended.
(Department of Public Health and Environment)
6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. (Department of Public Health and Environment)
7. The operation shall comply with all applicable rules and regulations of the Colorado Oil
and Gas Conservation Commission. (Department of Planning Services)
8. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
(Department of Public Health and Environment)
9. This facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public
Health and Environment)
10. Adequate toilet facilities (port-a-potty) shall be provided during the drilling/construction.
(Department of Public Health and Environment)
11. Bottled water shall be utilized for drinking and hand washing during drilling/construction.
(Department of Public Health and Environment)
12. 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)
13. The operation shall comply with all applicable rules and regulations of State and Federal
agencies and the Weld County Code. (Department of Public Health and Environment)
USR-1557 Kerr-McGee Rocky Mountain Corporation Page 6
14. 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)
(Department of Planning Services)
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)
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.
18. 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.
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.
USR-1557 Kerr-McGee Rocky Mountain Corporation Page 7
6 DEPARTMENT OF PLANNING SERVICES
SOUTHWEST OFFICE
42 CR 4
LONGMONT, COC 80504
PHONE: (720) 652-4210, Ext. 8730
'4Kjit FAX: (720)652-4211
COLORADO
April 5, 2006
Kerr-McGee Rocky Mountain LLC
do Matt Miller
1999 Broadway Ste 3700
Denver CO 80202
Subject: USR-1557- Request for a Site Specific Development Plan and a Special Review Permit for an Oil and Gas Production
Facility in a PUD with C-3 and I-1 (Commercial and Industrial)Zone Districts on a parcel of land described as Lot 5 Block
1, Rademacher Business Park, being part of the NW4 of Section 23,T3N, R68W of the 6th P.M.,Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are being processed. I have scheduled a meeting with the
Weld County Planning Commission for June 20, 2006, at 1:30 p.m. This meeting will take place in the Hearing Room, Southwest
Weld County Planning Department,4209 CR 24.5, Longmont, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members may have.
„at is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado Revised Statute,
R.S.24-65.5-103(adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public
.searing. The applicant shall provide the Weld County Planning Department with written certification indicating the above requirements
have been met.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the
property is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the
submitted materials to the Firestone, Longmont and Mead Planning Commission for their review and comments. Please call Firestone
at(303)833-3291, Longmont at(303)651-8330 and Mead at(970)535-4477 for further details regarding the date,time,and place of
this meeting. It is recommended that you and/or a representative be in attendance at the Firestone, Longmont and Mead Planning
Commission meeting to answer any questions the Commission members may have with respect to your application.
A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to
post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In
the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway(access drive)intersects a publicly maintained road right-
of-way.
The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County Planning
Commission. This recommendation will be available twenty-four(24) hours before the scheduled hearing. It is the responsibility of the
applicant to call the Department of Planning Services'office before the Planning Commission hearing to make arrangements to obtain
the recommendation.
•
If you have any questions concerning this matter; please call.
Respectfully,
Jac crpli ch
_Manner
- PLANNING COMMISSIONERS' SIGN POSTING
CERTIFICATE
THE LAST DAY TO POST THE SIGN IS WI A7O THE SIGN SHALL BE
POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD
RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A
SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD
RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE
SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A
SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE)
INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, Jacqueline Hatch, HEREBY CERTIFY UNDER PENALT OF PERJURY THAT THE
SIGN WAS POSTED ON THE PROPERTY AT LEAS TEiPT DAYS BEFORE
THE PLANNING COMMISSIONERS HEARING FOR J) 2-r 5-5-7 IN THE A
(AGRICULTURAL) ZONE DISTRICT.
•
if/l Cc cZ•Nc C 1 1--IT
Name of Person Posting Sign —Jacqueline Hatch
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Signature I erson Posting Sign
STATE OF COLORADO )
)ss.
COUNTY OF WELD )The foregoing instrument was subscribed and sworn to me this ?day
day of li ,
2006.WITNESS my hand and official seal.
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FIELD CHECK Inspection Date: 5/26/06
✓—
APPLICANT: Kerr McGee do Matt Miller
CASE# : USR-1557
REQUEST: A Site Specific Development Plan and a Special Review Permit for an Oil and Gas Production
Facility in a PUD with C-3 and I-1 (Commercial and Industrial)Zone Districts.
LEGAL: Lot 5 Block 1 Rademacher Business Park being Part of NW4 of Section 23, T3N, R68W of the 6`h
P.M.,Weld County, CO.
LOCATION: Approximately%mile east of 1-25 and south of and adjacent to CR 32.
PARCEL ID#: 1207 23 202005
ACRES: 5 +/-acres (approximately 3 acres to be included in USR boundary)
Zoning Land Use
N Agricultural N Agricultural
E Agricultural E Agricultural
S Agricultural S Rademacher Business Park
W Agricultural W Rademacher Business Park
Comments:
The lot is currently vacant but graded at this time.
Signatut
o House(s) o Derelict Vehicles
o Outbuilding(s) o Non-commercial junkyard (list components)
o Access to Property ❑ Irrigation Sprinkler
o Crop Productions o Crops
❑ Site Distance o Wetlands
o Mobile Home(s) ❑ Oil & Gas Structures
o Other Animals On-Site o Wildlife
o Water Bodies o Utilities On-Site (transmission lines)
o Ditch o Topography
Note any commercial business/commercial vehicles that are operating from the site.
Hello