HomeMy WebLinkAbout20061822.tiff raggc 1 VI I
Jacqueline Hatch
From: Mooreaspen@aol.com
Sent: Friday, June 16, 2006 2:17 PM
To: Jacqueline Hatch
Subject: Attachment from Diane Moore - USR-1557
Attachments: weldp&zgasmemo.doc
Hi Jacqueline:
I have attached a letter from my husband and me stating our concerns regarding Case #
USR-1557, Kerr-McGee gas wells in the I-25 Business Park. Thanks for including this in the
P&Z packet on Tuesday, June 20. Since we cannot make the meeting, I will probably send
you an email to see what happened at the P&Z meeting. Many thanks for all your help.
Best, Diane Moore
EXHIBIT
6/16/20062006-1822
Diane Moore & Joel Sax
303 West Francis St.
Aspen, CO 81611
(970) 925-2837
June 16, 2006
Ms. Jacqueline Hatch, Planner
Weld County- Department of Planning Services
Southwest Office
4209 CR 24.5
Longmont, CO 80504
RE: Case Number USR-1557 (Kerr-McGee Rocky Mountain LLC)
Dear Jacqueline:
I wanted to send this letter to you prior to the Weld County Planning Commission
meeting on Tuesday, June 20, 2006. I would ask that you include this letter in the
planning packet for the Special Review Permit for Case #USR— 1557. My husband and
I are unable to attend the June 20, 2006 Planning Commission meeting because we are
out of town from June 19—June 22 on a business trip. We tried to change the dates of
our meetings, but were unable to do so. However, we are planning to attend the Weld
County Board of County Commissioner's meeting on this application.
We are the owners of property that is located within 500 ft. of the proposed gas wells
and production facility described in the Kerr-McGee Special Review Permit application.
The address of our property is 4066 Camelot Circle, unincorporated Weld County, and
more specifically, Lot 8, Block 1 of the Rademacher Business Park. There is a 17,500 sq.
ft. building on our parcel that is leased to a single tenant for a storage warehouse.
We would like to say that we were somewhat reluctant to raise issues regarding this
application, but after we reviewed the application material and researched gas drilling
and production facilities, we felt it was important to speak up. The oil and gas industry is
expanding so quickly in Colorado, with little oversight by our state government, and little
desire by the industry to mitigate the negative impacts of their activities. Additionally,
as an owner within the business park, we believe that the proposed use degrades the
viability and desirability of the business park, and strains community infrastructure and
services.
The purpose of our letter is to outline our concerns regarding the request for a Special
Review Permit by Ken-McGee LLC for oil and gas wells, and a production facility
within the Rademacher Business Park (aka I-25 Business Park).
Our concerns regarding this application center around the following issues:
1) How will the detrimental off-site impacts from the drilling and gas operations
facility on this parcel be mitigated? The drilling of gas wells and the placement of
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a gas production facility on the site, along with the construction of a natural gas
pipeline will create negative impacts to nearby businesses and property owners.
These impacts are not just limited to the immediate neighborhood, but tend to
cumulatively degrade county roadways, groundwater quality, and air quality in
the region. The applicant states in their Surface Use Agreement that "heavy
equipment will be used by oil and gas interests from time to time for oil and gas
drilling and production facilities and that such operations may be conducted on a
24 hour basis." The placement of the drilling rigs onsite, the ongoing heavy duty
vehicle traffic (trucks weighing 40,000 pounds) from the site on local and county
roads, and the 24 hour onsite operations will create noise, and odor issues.
Emissions from natural gas wells (particularly in Weld County and Garfield
County) are growing at a very high rate,jeopardizing air quality, and posing
significant health risks. We have learned that Weld County is one of Colorado's
largest gas producing areas, but we are hopeful that the Weld County P&Z will
consider the concerns of not just the oil and gas industry, but of other businesses
and citizens as well. We do not believe that the potential environmental damage
from the proposed operations, particularly air quality, have been adequately
addressed in the application, and would ask the P&Z to request additional
information (compliance with State Air Quality Regulations) before a decision is
made on the Special Review Permit.
2) Does the County have adequate emergency services to address potential hazards
created by the proposed use? Are there adequate fire protection measures in place
for this type of facility? There is scant acknowledgement in the application that
these type of operations could create hazardous conditions for adjacent businesses
and the community as a whole. Does the County have sufficient resources to deal
with a hazardous situation onsite, and how would Ken McGee mitigate potential
hazardous situations onsite? The applicant is required to comply with the Design
Standards listed in Section 23-2-240, which states that adequate fire protection
measures must be available onsite to protect the structures and adjacent
properties.
3) How will the heavy trucks, drilling rigs and other equipment access the site, and
what are their impacts to the local and county roads? The Surface Use Agreement
states that the surface owner will provide an easement for access to Weld County
State Road 32, and if that access cannot be obtained, then Kerr-McGee may use
the internal access road. We object to any use by Ken-McGee of any internal
access roads, which are private roads within the business park. The internal roads
were not built to handle this type of heavy construction, hauling, and truck use,
and we are not aware of permission being granted to use the internal roads from
other lot owners. Additionally, access via the internal roadways with the heavy
trucks and equipment creates a safety hazard to present and future users of the
business park and to the traveling public. The Design Standards in Section 23-2-
240 require the applicant to comply with a variety of standards, and access is one
of them. The applicant is required to minimize the negative impacts to
surrounding land uses, and they have not described in their application how this
will be accomplished.
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4) Will the County grant a Special Review Permit for the applicant's gas drilling and
gas operations facility even though these uses are prohibited in the recorded
Declaration of Covenants, Conditions and Restrictions for the I-25 Business Park?
Article VI of the recorded Declaration of Covenants, Conditions and Restrictions
for the I-25 Business Park establishes restrictive covenants to enhance the value,
desirability, use and occupancy of the lots within the business park. Oil and
mining operations are not permitted upon or in any lot within the business park.
Article VI states:
6.06: Oil and Mining Operations: No oil drilling, oil development operation, oil
refining, quarrying or mining operations of any kind shall be permitted upon or in
any Lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be
permitted upon or on any Lot. No derrick or other structure designed for use in
boring of oil or natural gas shall be erected, maintained or permitted or permitted
upon any Lot.
Obviously, oil and gas drilling and related operations were contemplated for the
business park but rejected as an inappropriate use within the business park. We
believe that the proposed gas wells and productions facility are still an
inappropriate use with the business park because of the adverse impacts on the
surrounding land uses. We relied upon the restrictive covenants in deciding
whether to purchase a lot within the park, and would hope that the County would
not grant a Special Review Permit that is in direct violation of the restrictive
covenants.
5) Has the applicant met the standards and criteria outlined in the Special Review
Permit Regulations? The uses by Special Review have been determined to be
more intense or have a potentially greater impact than uses allowed by right
within a particular zone district. The proposed oil and gas production facility are
uses that are more intensive than other uses permitted within the planned business
park, and have the potential to generate adverse impacts to surrounding land uses
and the community at large. Additional consideration should be given to this
application to insure that the health, safety, and welfare of present and future
residents and businesses are not compromised. The applicant has not offered any
mitigating measures to address the impacts of their operations. We are hopeful
that the Planning & Zoning Commission will give the issues we have raised
serious consideration before taking action on the application. One approach would
be for the P&Z to impose specific development standards/conditions on this
application to mitigate the negative impacts generated from this use which
include: excessive noise and odor, heavy truck hauling and access to local and
county roads, gas well emissions, and constraints on emergency services. We still
question whether the proposed use is permissible on the property as it is in
violation of the recorded Declaration of Covenants, Conditions and Restrictions
for the I-25 Business Park.
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We would like to thank you for your time and consideration, and we look forward to
participating in the review process.
Sincerely,
Diane Moore Sax & Joel Sax
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MEMORANDUM
fI � TO: Planning Commission
hiDe DATE: June 19, 2006
COLORADO
FROM: Jacqueline Hatch, Planner
SUBJECT: Correction USR-1557
The Department of Planning Services requests that the following items be changed
Add on page 3 and renumber accordingly
1. Prior to scheduling the Board of County Commissioners Hearing
A. The applicant shall provide the department of Planning Services with
written evidence of approval from the owners association. (Department of
Planning Services)
EXHIBIT
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