HomeMy WebLinkAbout20060111.tiff HEARING CERTIFICATION
DOCKET NO. 2005-97.A
RE: CHANGE OF ZONE, PZ#1048, FROM THE A(AGRICULTURAL)ZONE DISTRICT TO
THE PUD (PLANNED UNIT DEVELOPMENT)ZONE DISTRICT FOR EIGHT (8) LOTS
WITH E (ESTATE) ZONE USES, AND ONE (1) NON-RESIDENTIAL OUTLOT FOR
OPEN SPACE -WELD 45 ACRE, LLC
A public hearing was conducted on January 11, 2006, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
Commissioner David E. Long, Pro-Tem
Commissioner William H. Jerke
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Jenny VanEgdom
Assistant County Attorney, Lee Morrison
Planning Department representative, Jacqueline Hatch
Health Department representative, Pam Smith
Public Works representative, Drew Scheltinga
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated December2,2005,and duly published December7,
2005,in the Fort Lupton Press,a public hearing was conducted on December28,2005,to consider
the request of Weld 45 Acre, LLC, for Change of Zone, PZ#1048, from the A(Agricultural) Zone
District to the PUD(Planned Unit Development)Zone District for eight(8)lots with E(Estate)Zone
uses, and one (1) non-residential outlot for open space. At said hearing the Board deemed it
advisable to continue the matter to January 11, 2006, at 10:00 a.m., to allow time for agreement
between the applicant and Encana Oil and Gas(USA) Inc., on safety issues revolving around the
oil and gas well located near the entrance to the proposed subdivision. On January 11, 2006, Lee
Morrison,Assistant County Attorney,made this a matter of record. Jacqueline Hatch, Department
of Planning Services, presented a brief summary of the proposal and entered the favorable
recommendation of the Planning Commission into the record as written. Ms. Hatch provided two
memorandums to be entered into the record, marked Exhibits H and I. She stated Exhibit H is an
email from Jeff Couch, the applicant's representative, regarding existing oil and gas locations in
close proximity to the site,and Exhibit I is an e-mail with attached letter from Mike Tucker, Encana
Oil and Gas (USA), Inc. She stated the letter from Encana Oil and Gas (USA), Inc., calls out an
additional six development standards which Encana would like have incorporated into the Resolution
as notes on the plat. She further stated the applicant has reviewed the letter, and is in agreement
with the six development standards. Ms. Hatch read the six proposed standards into the record.
In response to Chair Geile, Ms. Hatch stated the applicant agrees with the standards proposed by
Encana Oil and Gas(USA), Inc. At the request of Chair Geile, Ms. Hatch read the e-mail from Jeff
Couch, marked Exhibit I, into the record. Responding to Chair Geile, Ms. Hatch stated Mr. Couch
demonstrates in his e-mail that there are various wellheads in the County that are located close to
County Roads.
2006-0111
PL1811
HEARING CERTIFICATION - WELD 45 ACRE, LLC (PZ#1048)
PAGE 2
Drew Scheltinga, Department of Public Works, stated he does not find any items of concern
regarding future maintenance,and approval is recommended. In response to Commissioner Vaad,
Mr.Scheltinga stated the legal weight limit on a County Road is 18,000 pounds per axle; however,
the State may issue an overweight permit for oil rig vehicles. Further responding to Commissioner
Vaad, Mr.Scheltinga stated an annual fee is paid to the County for damage to the roads caused by
heavy oil rigs. Don Carroll, Department of Public Works, stated the fees for an overweight permit
are divided, and half of the fees are deposited into the fund for damage to the roads,and the other
half pays for the permit. He stated the funds collected for the damage fund are used to complete
improvements to roads that were damaged by heavy oil rig machinery. Mr. Morrison stated the
permit fee is based upon the cost of processing; however, through an informal agreement, the
County charges a larger amount, and must use the excess funds to make repairs to the damaged
roads.
Lois Hall, Encana Oil and Gas (USA), Inc., stated Encana would like the proposed Development
Standards to be incorporated as plat notes. In response to Chair Geile, Mr. Morrison stated the
proposed issues need to be placed on the plat, since they affect future property owners. Ms. Hall
stated staff has been unable to reach a compatible development agreement with the applicant,and
the proposed development standards should be placed on the plat to protect the operations and
continuing access.
Jeffrey Couch, TEAM Engineering, represented the applicant and stated he appreciated the
opportunity given to be able to work out issues,and the applicant agrees with the notes to be placed
on the plat. He stated notification is commonly given to surrounding property owners,and a railroad
culvert will be placed at the crossing on Harpenden Court. He further stated the pavement on the
road will accommodate the loadings,and a historical route is still available to the wells on the north
and south sides of the property. Mr. Couch stated Encana Oil and Gas(USA), Inc., has the ability
to complete business as they always have, and another access option will be added. In response
to Commissioner Geile,Mr.Couch stated he and the applicant have reviewed and concur with the
Conditions of Approval as proposed and modified.
Commissioner Vaad moved to approve the request of Weld 45 Acre, LLC, for Change of Zone,
PZ#1048, from the A(Agricultural) Zone District to the PUD (Planned Unit Development) Zone
District for eight (8) lots with E (Estate) Zone uses, and one (1) non-residential outlot for open
space,based on the recommendations of the Planning staff and the Planning Commission,with the
Conditions of Approval as entered and modified into the record. The motion was seconded by
Commissioner Masden. Commissioner Jerke clarified that the motion includes the addition of the
six proposed development standards,and the Board concurred. There being no further discussion,
the motion carried unanimously, and the hearing was completed at 11:15 a.m.
2006-0111
PL1811
HEARING CERTIFICATION -WELD 45 ACRE, LLC (PZ#1048)
PAGE 3
This Certification was approved on the 16th day of January 2006.
��� � APPROVED:
j or o BOARD OF COUNTY COMMISSIONERS
i itst Ges t .; :I WELD COU , COLORADO
ATTEST: L 1,,Q., 7rrnut 1
N`�i J. Chair
Weld County Clerk to the =tti�;, r, 3 C r
( 16 n &I'611H David E. Long, Pro-Tern
BY:
D uty CI rk to the Boeid %e-LZ✓
William H. Jerke
TAPE #2006-01 EXCUSED DATE OF APPROVAL
Robert D. Masden
DOCKET#2005-97.A EXCUSED DATE OF APPROVAL
Glenn Vaad
2006-0111
PL1811
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EXHIBIT INVENTORY CONTROL SHEET
Case PZ#1048 -WELD 45 ACRE, LLC
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 10/19/2005)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Memo re: Items completed prior to
scheduling, dated 11/07/2005
F. Encana Oil and Gas Letter of opposition
G. Planning Staff Sign posting certificate and photo
H. Planning Staff Letter and Photos from applicant re: oil and
gas, dated 01-09-06
Planning Staff Letter from Encana Oil and Gas re:
Development Standards, dated 01-10-06
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