HomeMy WebLinkAbout20063236.tiff CORRECTED HEARING CERTIFICATION
DOCKET NO. 2006-83
RE: SITE SPECIFIC DEVELOPMENT PLAN AND THIRD AMENDED USE BY SPECIAL
REVIEW PERMIT #894 FOR MINERAL RESOURCE DEVELOPMENT FACILITIES,
INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY, CONTRACTOR'S
SHOP FOR VEHICLE MAINTENANCE, AND A HELICOPTER PAD, IN THE
A(AGRICULTURAL)ZONE DISTRICT- KAUFFMAN LAND AND DEVELOPMENT, LLC
A public hearing was conducted on December 20,2006,at 10:00 a.m.,with the following present:
Commissioner M. J. Geile, Chair
Commissioner David E. Long, Pro-Tem - EXCUSED
Commissioner William H. Jerke
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Michelle Martin
Health Department representative, Char Davis
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated December 1,2006,and duly published December 6,
2006,in the Fort Lupton Press,a public hearing was conducted to considerthe request of Kauffman
Land and Development, LLC, for a Site Specific Development Plan and Third Amended Use by
Special Review Permit#894 for Mineral Resource Development Facilities,including an oil and gas
support and service facility,contractor's shop for vehicle maintenance,and a helicopter pad,in the
A(Agricultural)Zone District. Bruce Barker, County Attorney, made this a matter of record, and
advised the applicant's representative,Anne Best-Johnson,Todd Hodges Design,LLC,that she has
the option of continuing this matter to a date when the full Board will be present. However, if she
decides to proceed today, it will require three affirmative votes, or in the case of a tie vote,
Commissioner Long will listen to the record and make the determining vote. Ms.Johnson indicated
she would like to proceed today.
Michelle Martin, Department of Planning Services, presented a brief summary of the proposal,
entered the favorable recommendation of the Planning Commission into the record as written,and
gave a brief description of the location of the site and surrounding land uses. She stated the
property is within the Intergovernmental Agreement(IGA)area for the Town of Firestone,the Second
Amendment was approved in 1997, and this amendment will allow the use of a helicopter pad,
which currently exists at the site. Ms. Martin stated the site is within the three-mile referral area for
the Towns of Frederick and Firestone and the City of Fort Lupton. She stated the Town of Frederick
and City of Fort Lupton indicated no conflict with their interests;however,the referral response from
the Town of Firestone indicates its desire to enter into an annexation agreement with the property
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owner. She stated the Town of Firestone is also requesting that the applicant be limited to no more
than five landings per day,during daylight hours,and that time limits be placed on the proposed use.
She stated the Department of Planning Services staff received several telephone inquiries and one
letter from a surrounding property owner, marked Exhibit H, which outlines concerns regarding
public/private property hazards and decreased property values. She further stated fifteen referral
agencies reviewed the proposal,and fourteen responded favorably or provided comments that have
been addressed in the Conditions of Approval and Development Standards. Ms. Martin explained
there is no recommendation from the Planning Commission due to a four to four tie vote.
Responding to Commissioner Vaad, Ms.Johnson stated the Board of Adjustment did consider the
use of a helicopter pad and determined that it does require an amendment to the Use by Special
Review(USR) Permit. In response to Commissioner Jerke, Ms. Martin stated in addition to the
helicopter pad,the amendment also proposes an increase in the number of employees. She stated
the Gloraloma Planned Unit Development(PUD)Change of Zone has been approved and recorded,
and the Final Plan is pending. Responding to Commissioner Vaad, Ms. Martin stated the Board of
Adjustment considered the matter on February 17, 2005,at which time the applicant was already
operating the helicopter pad. In response to Commissioner Masden, Ms. Martin stated the site is
approximately 5.5 acres, and there has been an increase in the number of employees.
Char Davis, Department of Public Health and Environment,stated the site is serviced by the Central
Weld County Water District,and the septic systems are permitted. Ms. Davis stated the applicant
will be required to submit a Dust Abatement Plan and construct retention berms. She stated the
applicant has submitted a Waste Handling Plan,which has been reviewed and approved by staff,
therefore,Condition of Approval#1.J can be deleted. In response to ChairGeile, Ms. Davis stated
helicopters and airplanes are exempt from the noise regulations of the Colorado Revised Statutes;
however, the regular site operations will be limited to the Industrial Zone District standard of 90
decibels.
Donald Carroll, Department of Public Works, stated Weld County Road 19 is classified as a
collector status road,with an average daily traffic count of 2,000 vehicles. He stated Weld County
Road 22 is classified as a local gravel road,with an average daily traffic count of 90 to 100 vehicles.
Mr.Carroll stated the site is accessed from Weld County Road 22; internal circulation and parking
are tight, but adequate; and there are no accident reports pertaining to the intersection of Weld
County Roads 19 and 22. He stated the helicopter pad is located within the retention area;however,
he checked with the Drainage Division of the Department of Public Works, and staff indicated no
concern since stormwater can pass through the woven metal. He further stated the applicant did
redesign the retention area to make sure any drainage remains on the property or is directed toward
the borrow ditch. In response to Commissioner Vaad, Mr.Carroll stated the landing pad is located
directly west of the office. Ms. Davis corrected her previous statement,and noted the noise levels
at the site will be limited to the Industrial standard of 80 decibels. She also expressed concern
regarding dust generated by the helicopter.
Ms.Johnson reviewed the surrounding land uses,and stated the applicant has worked with referral
agencies to address many issues. She stated the applicant has also agreed to place rock around
the landing area to address any dust concerns. Responding to Commissioners Masden and Jerke,
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Ms. Johnson confirmed that the site is within the Gilcrest Fire Protection District, and that the
Greeley-Weld County Airport Authority indicated the Federal Aviation Administration(FAA)approved
the landing area. Ms.Johnson submitted a copy of the applicant's PowerPoint presentation,marked
Exhibit H, and reviewed the revised Parking/Circulation Plan as requested by the Department of
Public Works.
Gordon Allott, K.P. Kauffman General Council and Vice-President, stated the landing pad is 25
square feet,and he displayed photographs of the site and aerial photographs of the area,included
in Exhibit H. He stated K.P. Kauffman has wells dispersed overa 216-square-mile area. Mr.Allott
stated they operate shallow wells that require more on-site work. He displayed photographs of the
types of drilling rigs used and reviewed the supervisory schedule of employees. He stated the
helicopter allows management stationed in Denver to supervise work taking place in the field,and
the helicopter is also equipped with laser technology which can detect methane emissions and
provide protection of the environment. He further stated the helicopter increases safety, provides
environmental controls,and allows the top management into the field when necessary. In response
to Commissioner Vaad, Mr. Allott stated the wells produce more oil than gas, and the laser
technology detects methane, not oil leaks. He further stated the major oil leak in the Town of
Frederick was not related to K.P. Kauffman. Responding to Chair Geile, Mr.Allott stated many of
the oil flow lines are made of fiberglass, and there is no detection program.
Responding to Chair Geile, Ms.Johnson stated the applicant has reviewed,and concurs with,the
Conditions of Approval and Development Standards,with only a few exceptions. She requested
Condition of Approval#1.6.6 be amended to allow 124 parking spaces,as no additional parking will
be required. She stated the information required by Condition of Approval#1.F has been provided
to staff; however, staff requested the Board determine whether it is satisfactory. Regarding
Condition of Approval#1.B.10,Ms.Johnson stated the applicant has purchased chain-link fencing,
with insert slats,for the western side of the property; however, it was not installed at the request of
the neighbor. She further stated staff is requiring installation of a fence; however, they have
indicated the proposed fence does not meet the intent of an opaque fence. She requested the
Board allow the applicant to construct the fence using the materials which have already been
purchased. Ms.Johnson stated Condition of Approval#1.M,requiring an annexation agreement with
the Town of Firestone, is not applicable since this is an amendment to an existing permit. She
requested Development Standard #17 be amended to state, "A maximum of five (5) helicopter
landings and take-offs, per day, is allowed during daylight hours,with the exception of emergency
uses." She also requested Development Standard #18 be amended to state, "The hours of
operation for all activities on site will be daylight hours,with the exception of emergency uses." She
stated the applicant provided examples of emergency uses during the Planning Commission
hearing. Lastly, Ms.Johnson requested Development Standard#12 be modified to clarify the site
will comply with Industrial Zone District noise standards,with the exception of the helicopter,which
is exempt. In response to Chair Geile, Mr.Allott explained the Federal Aviation Administration(FAA)
rules apply to helicopters until touch-down, and County regulations defer to State statute, which
exempts aircraft. He stated helicopters are allowed to land anywhere where they are not exempt,
therefore,helicopters will not meet the standard because of the sound they generate.He stated the
applicant has agreed to approach and land only from the east or south, they will not fly over the
Gloraloma properties, and they will use a high approach. He further stated one of the Planning
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Commission members lives 1.5 miles away from the facility and indicated he was not aware that
the applicant was using a helicopter.
Kirk Goble, The Bell 5 Land Company, represented Linda Owens and the Gloraloma Ranch
Development adjacent to the west. He stated his clients are opposed to the request for helicopter
use because the noise is hazardous for the adjacent horse boarding/training facility. He stated the
PUD is a residential development, and helicopter flights are not compatible. He further stated the
helicopter is currently being used without the appropriate permits,and the proposal will impact future
annexation to the Town of Firestone. Mr. Goble displayed photographs of the upscale Gloraloma
boarding/training facility, and stated although the applicant has provided screening, many of the
numerous items contained on the K.P. Kauffman facility are still visible from the road. He stated the
facility area is maxed out, he counted 36 vehicles at the site on Monday, December 18, 2006,and
the use of a helicopter adversely impacts the surrounding properties housing livestock. He further
stated the subject property is not screened on the west, and there is no dust mitigation in place at
this time. Mr. Goble stated although the applicant has committed to flights approaching from the
east and south, he feels this is an unpermitted, high-impact use,which is incompatible due to the
lack of dust abatement and noise. He stated the applicant is proposing an urban density use in a
rural area, and although the flights may be convenient for management, they are not a necessity.
Responding to Commissioner Vaad, Mr. Goble stated a fence on the west would provide some
screening from the future development, and the horse facility has been in existance for
approximately 15 years.
Steven Jansen represented Don and Linda Owens,and urged the Board to consider that the Owens
have been there more than 15 years,the PUD Final Plan is for 19 residential lots,and fencing will
not screen everything. He stated the landing pad is notforthe health and safety within the industry,
rather it is for the convenience of company executives. He stated there are many local airstrips in
areas that are approved for flights. He further stated the applicant's past use is indicative of the
unwillingness to comply with regulations, and helicopter pads have no place in a growing area.
Responding to Commissioner Masden, Mr. Jansen stated his clients have not called in any
complaints in the past; however, this is not an approved use. He stated he is not aware of any
accidents as a result of flights over or near the property; however,there are more than 100 horses
on the Gloraloma property, and the estate lots are to be sold as equestrian lots with riding trails.
Cindy Stalka,surrounding property owner one-half mile north,stated her horses are spooked when
the helicopter comes in for a landing. Responding to Chair Geile, Ms.Stalka stated previously the
helicopter would come in from the north; however, during the last six months they have been
approaching from the east or south. She stated the change in flight patten has not mattered
because her horses have not been in the pasture. There being no further comments, Chair Geile
closed public testimony.
Ms.Johnson stated there is one-quarter-mile distance between Gloraloma and the subject site,and
placing the fence on the western boundary after the Second Amendment did not happen at Ms.
Owens' request. She stated the fence material has been purchased and can be put up at the
direction of the Board. Ms.Johnson read portions of the Gloraloma PUD application materials for
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the record, which indicated the PUD proposal intended to provide buffering and that it would be
compatible with existing uses.
Mr.Allott stated he personally has a horse and it pays little attention to aircraft in his area. He stated
he serves on the Governor's Committee between developers and the oil/gas companies. He stated
Colorado is the fastest growing State in the nation, reviewed the surrounding land uses, and
indicated the surrounding area is not likely to develop soon. Responding to Commissioner Jerke,
Mr.Allott stated the company uses the helicopter as a tool to investigate potential leaks. He stated
they operate 600 to 700 wells,producing 900 to 1,000 barrels per day,and K.P. Kauffman does not
hire third parties. He explained their executives need to be available quickly and efficiently when
reviewing sites. Responding to Chair Geile, Mr. Allott stated he would agree to adding a
Development Standard requiring a landing approach from the south of east.
Responding to Chair Geile, Ms. Martin stated the site is currently permitted for 32 parking spaces,
and the amendment is proposing up to 107 employees working from this site. Mr.Barker stated the
Resolution does not stipulate or limit the number of employees. The Board indicated agreement
with amending Condition of Approval #1.6.6 to reduce the number of parking spaces from 157
to 124. Regarding Condition of Approval#1.B.10, Commissioner Jerke commented that he feels
the fence purchased bythe applicant is acceptable. Commissioner Vaad commented he has driven
past the site and also feels the fencing is opaque. Ms. Martin stated under Condition of
Approval#1.F staff is requesting the applicant submit a letter from the Greeley-Weld County Airport
Authority that documents FAA approval of the landing pad. Concerning Condition of Approval#1.M,
Mr. Barker stated this proposal is exempt from the terms of Section 19-2-40 of the Weld County
Code requiring an annexation agreement with the Town of Firestone and,therefore,can be deleted.
Commissioner Vaad stated the Department of Public Health and Environment also requested the
deletion of Condition of Approval #1.J, and the Board concurred. Mr. Barker stated aircraft are
exempt from noise regulations, and he expressed concern that the applicant will not be able to
comply with Development Standard#12. Ms. Davis stated the site needs to comply with the noise
regulations,with the exception of the helicopter. Mr. Barker proposed adding the phrase, "....with
the exception of aircraft as allowed herein," to the end of the sentence. Commissioner Vaad
commented there is also crop dusting that takes place in the area, and the proposed use will not
be a significant increase over agricultural flights in the area. Responding to Chair Geile,Ms.Martin
stated staff originally proposed language for Development Standard#17 that included the phrase,
"....with the exception of emergency situations,including life and safety." She stated the applicant's
definition of emergency is anything life threatening, therefore, she suggested the Board amend
Development Standard #17 to add the language originally proposed by staff to the end of the
sentence. In response to Chair Geile, Mr. Barker stated the definition of"emergency"is adequate
to provide enforcement if it appears the applicant is operating the helicopter in violation. Responding
further to Chair Geile, Ms. Martin stated the exception for emergency use will also apply to
Development Standard #18.
Commissioner Jerke commented this is a continuing oil and gas use with a change to use new
technology to do a better job. He stated it will be a long time until the area urbanizes,and there are
other large facilities along Weld County Road 19 that are related to energy production. He stated
Mr.Goble referred to a recent denial of an airstrip; however,that is nota good comparison because
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that was a new use proposed as a private hobby,whereas,this will supplement an existing facility
of an oil and gas operator.
Commissioner Masden commented this amendment is for a continuing use which is updating its
use of technology for oil and gas production. He stated 14 years ago he worked for the company
that sold the site to K.P. Kauffman,he understands that detection of leaks is very serious,and this
type of technology is a big advantage, therefore, he supports the application.
Commissioner Vaad stated it is apparent that there is a compatibility issue,and he considers ways
to mitigate the conflicts. He stated it is compelling testimony from the applicant that the opponents
listed mitigation steps, recognizing the facility was already there when they applied for a PUD. He
stated the subject facility has been there for 17 years, he does not feel the horse shows will be
endangered by flights in the area, and the inconveniences are far outweighed by the health and
safety aspects of the application amendment.
Chair Geile referred to the criteria listed under Section 23-2-230.B,and stated the use is existing,
compatible with comparable uses in the area, is not subject to the IGA with the Town of Firestone,
and the Conditions of Approval and Development Standards will ensure adequate provisions are
made to mitigate any impacts to current or future residents in the area. He stated the applicant has
agreed to a specific flight path from the south or east, and the helicopter will be used for business
operations to provide for the health, safety and welfare of the area. Mr. Barker suggested adding
Development Standard#26 to state, "All helicopter flights with landings at the site shall approach
and leave from the south or east." (Clerk's Note:The language was inserted as a new Development
Standard #19 and remaining items were renumbered.)
Commissioner Jerke moved to approve the request of Kauffman Land and Development, LLC,for
a Site Specific Development Plan and Third Amended Use by Special Review Permit #894 for
Mineral Resource Development Facilities, including an oil and gas support and service facility,
contractor's shop for vehicle maintenance,and a helicopter pad,in the A(Agricultural)Zone District,
based on the recommendations of the Planning staff and the Planning Commission, with the
Conditions of Approval and Development Standards as entered into the record. His motion also
included amending Condition of Approval#1.B.6 to reduce the number of parking spaces from 157
to 124,deleting Conditions of Approval#1.J and#1.M,amending Development Standard#12 to add
the phrase,"...with the exception of aircraft allowed herein,"amending Development Standards#17
and 18 to add the phrase"....with the exception of emergency situations, including life and safety,"
adding a new Development Standard#19 to state,"All helicopter flights with landings at the site shall
approach and leave from the south or east,"and to renumber or reletter accordingly. The motion
was seconded by Commissioner Masden, and it carried unanimously. There being no further
discussion, the hearing was completed at 12:50 p.m.
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This Certification was approved on the 27th day of December 2006.
APPROVED:
BOARD OF COU Y COMMISSIONERS
WELD COUNT OLORADO
ATTEST: faxight /' •{ I // M. e' e, Chair
�� (/-e-•
Weld County Clerk tot IB.: „ �
CI y ' =; EXCUSED
♦ David E. Long, Pro-Tern
Deputy Clerk to the Bc.rdr?e
W' lia H. erke
\icl____
TAPE #2006-44
Robert��D� Masde
DOCKET#2006-83
Glenn Vaad
2006-3236
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EXHIBIT INVENTORY CONTROL SHEET
Case 3RD AMUSR#894 - KAUFFMAN LAND AND DEVELOPMENT 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 07/18/2006)
D. Clerk to the Board Notice of Hearing
E. Applicant Letter re: Waiver of 45-day Scheduling
Deadline, dated 11/08/2006
F. Planning Staff Certification and Photo of sign posting
G. Kerr-McGee Letter of Support, dated 12/15/2006
H. Applicant PowerPoint presentation, dated 12/20/2006
Applicant Summary of Maximum permissible noise
levels
J. Kirk Goble, The Bell 5 Land Company PowerPoint presentation, dated 12/20/2006
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