HomeMy WebLinkAbout20053533.tiff HEARING CERTIFICATION
DOCKET NO. 2005-97
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 December 28, 2005, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner David E. Long
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Carol A. Harding
Assistant County Attorney, Lee Morrison
Planning Department representative, Jacqueline Hatch
Health Department representative, Pam Smith
Public Works representative, Peter Schei
The following business was transacted:
I hereby certify that pursuant to a notice dated December 2,2005, and duly published December 7,
2005, in the Fort Lupton Press, a public hearing was conducted 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. 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. She described the location of the site and surrounding land uses. Ms. Hatch stated the
proposal is for Moorea Manor North, consisting of eight lots on 45 acres, with a minimum lot size
of 4.1 acres and 6.8 acres of open space. She stated the lots will require Individual Sewage
Disposal Systems and will utilize the existing access used by Moorea Manor South,which is under
separate ownership. Ms. Hatch stated the subdivision is within the three-mile referral area for the
Town of Platteville, which requested any buildings conform to its requirements, as well as the
Towns of Frederick and Firestone, neither of which responded to referrals. She stated no
comments have been received from surrounding property owners,and the applicant had three items
to complete prior to scheduling before the Board of County Commissioners. She stated the first two
conditions were met; however,the applicant has not been able to reach an agreement or meet the
concerns of Encana Oil and Gas(USA), Incorporated (Encana). She stated a letter of opposition
has been received from Encana listing their concerns,and requesting a continuance of this matter
until the road issues can be resolved. Responding to Chair Jerke, Ms. Hatch stated the oil well is
not within the boundaries of Moorea Manor South,which was approved by the Board,although an
attempt was made to meet the concerns of Encana at that time.
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Pam Smith, Department of Public Health and Environment,stated the applicant did not submit new
soils information, since it is similar to what was submitted for Moorea Manor South. She stated the
lots will require engineered septic systems, and she anticipates a repetition of groundwater
problems found with Moorea Manor South, therefore, she has required primary and secondary
septic envelopes for this application.
Peter Schei, Department of Public Works, stated he was not aware of the concern over the well
head, and is surprised it is only surfacing at this point in time. He stated the well is within the
right-of-way of Harpington Lane,which is the access road for both subdivisions. He further stated
that there was an agreement regarding the roadway skirting the oil well. Mr. Schei stated the
existing access is onto Weld County Road 21.5,which is a collector status road. The applicant will
add a short extension to the north and west,called Harpington Court,consistent with two twelve-foot
paved lanes and four-foot gravel shoulders. Mr. Schei stated this proposal is expected to add a
minimal amount of traffic to the existing paved road. He stated he has requested verification of the
Lupton Bottom Ditch easements in the vicinity, and that the applicant address any groundwater
issues with the ditch, which runs through the western third of the parcel, including the standard
drainage plan for the site. Responding to Chair Jerke, Mr. Schei reviewed the specific access for
each parcel, and located the setback for the oil well. He stated the oil well is within the road right-of-
way,which would place it within Moorea Manor South. Commissioner Vaad stated he agrees that
the well is within the first subdivision and not this application, since Harpington Lane is located
entirely within Moorea Manor South. Mr. Schei stated the subdivisions will interconnect, although
an agreement cannot be required for a well which is located outside the boundaries of this
application. Mr. Schei stated there was an agreement with Moorea Manor South to provide some
type of barrier to protect the well from the traveling public. Commissioner Masden stated there
would be an issue with the first two lots,although Mr.Schei stated it would be up to the oil company
and the applicant,and he does not see any difference in the first two lots in the southern subdivision.
Commissioner Masden further stated if the company begins work on the well, the equipment will
block the road. Responding to Commissioner Masden,Mr. Schei located the other oil wells on the
property, as well as a tank battery on Lot A. Responding to Commissioner Masden, Ms. Hatch
stated Weld County School District RE-1 proposed a turnaround for the bus, and provided a typical
entryway detail for the turnaround.
Jeffrey Couch, TEAM Engineering, represented the applicant and reviewed the history of the
approval of the original Moorea Manor South. He stated when they were working on the original
subdivision, they looked at regional implications, brought a ten-inch waterline down Weld County
Road 21.5, prepared a master agreement with the ditch company, and moved the access road to
accommodate future growth on the other side of Weld County Road 21. He stated an attempt was
made to deal with each oil well in the area, and indicated that the access to the other oil wells and
tank battery is off the site, with only the oil well at the entrance being located on the applicant's
property. He stated at the time of the first approval,there was only one oil and gas well,which they
tried to accommodate by building a curve into the roadway;however,when the roadway was built,
it softened the curve and was built wider than planned with an asphalt surface, creating a minor
encroachment. Mr.Couch stated they tried to provide a 30-foot offset to the edge of the roadway.
He stated they also provided access for all utilities, which will be used for this request. (Changed
to tape#2005-51.) Mr. Couch indicated the proposed turnout for the school bus at the entrance to
the Subdivision,and stated community mailboxes will also be placed at the entrance,with the road
being widened at that point, allowing the applicant to dress up the entrance. Mr. Couch stated he
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did modify the plat, allowing the 15 percent of open space to be located primarily on Lot A, which
holds the tank battery. He stated they have taken off most of the trail system originally placed
around the Subdivision, and stated that due to the Oil and Gas Commission 318.A Ruling, there
must be an additional 50-foot setback for each well. Mr. Couch also stated they have provided
easements for each property line. Responding to Commissioner Vaad,Mr.Couch stated there was
verbiage in the original approval to protect the roadway with a fence,which was removed when the
well was refracked this summer. He stated the picture shows a portion of the fence; however,that
is not what was originally provided. Mr. Couch stated the applicant is willing to shift the roadway to
provide berming or some type of wall being built around the well, and stated they will do whatever
they can to isolate it. Responding to Commissioner Masden, Mr. Couch stated the applicant is
providing an additional 50-foot setback for each well. Mr. Couch stated the property owners did a
surface use agreement with Encana prior to purchasing the property. Responding to Chair Jerke
regarding the trail system, Mr. Couch stated the applicant felt it was more meaningful to locate the
open space on the north side of the lot which holds the tank battery,therefore,they removed the trail
system,and added landscaping along the roadway. Responding to Chair Jerke, Ms. Hatch stated
there was no requirement for a trail system. Responding to Commissioner Geile,Mr.Couch stated
the covenants, which exist to conserve the appearance of the Subdivision, limit the number of
animals to three. He further stated there are no trails provided for riding horses, although they are
allowed on the road, since it is a public right-of-way.
Steven McGloughlin, Encana Oil and Gas (USA), Inc, stated he was prepared to request
continuance or rejection of this matter for reasons primarily related to safety. He stated, however,
that he met with the applicant prior to the hearing, and they appear to have reached some
agreement,if Encana can get several Conditions of Approval included in the approval. He requested
a Condition of Approval regarding safety issues associated with the oil well at the entrance of the
Subdivision. He stated the wellhead sits on the roadway itself and, whether it is part of this
application or not is moot, since safety is the issue. He said the State Oil and Gas Commission
now requires a 75-foot buffer from wellheads to roads. Mr. McGloughlin stated he has had some
discussion with the applicant to see whether a jog could be placed in the road,to provide a 75-foot
setback from the permanent road. He stated concrete safety barriers would also be a good idea,
and stated that a Condition of Approval is needed to deal with closure of the County Road in the
future when the well is reworked,and the use of a temporary access which would swing to the north
of the setback through Lots 1 and 2, back to the County Road. Mr. McGloughlin stated there is no
surface use agreement; however, with those two Conditions of Approval, he would withdraw his
opposition. He stated they also need assurance that the two bridges which are crossed to access
the back well,will be County dedicated and able to handle the weight of their equipment, and that
disclosures are made to future home owners. Responding to Chair Jerke, Mr. Schei stated the
roadway being placed within the 75-foot setback should have been dealt with during the first case.
Mr.Morrison stated the 75-foot setback is a requirement for the oil and gas operator,and if the well
was there first, there is no legal standing to require the setback. He further stated he recalls
discussion regarding the well,which is why the road included the wider right-of-way. He stated the
problem was not ignored, and the changes to the road displays an effort to deal with the situation.
Responding to ChairJerke,Mr.Couch stated the two eastern lots in Moorea Manor South have not
been sold,and Chair Jerke suggested curving the entrance to accommodate setback from the well.
Responding to Commissioner Vaad, Mr. Couch stated Moorea Manor North and South have
separate ownership,although Mr.Couch stated the concerns can still be addressed. He stated the
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curved entrance was the separation that was provided, which allowed 30 feet to the edge of the
road. He stated, since the applicant will be paving the roadway and if the County agrees,they can
move it an additional 15 feet,thereby allowing 45 or 50 feet to the edge of the pavement,all of which
would be within the existing right-of-way. He stated they can also put the curve back in,and provide
a buffer or barrier to provide acceptable separation. Commissioner Masden stated they also need
an agreement that if Encana decides to twin the well, it will be to the north. Chair Jerke stated that
these are issues that cannot be resolved at this time.
Lee Petridis, landowner, stated this is not the place to solve these issues, and he discussed his
frustration with Encana, stating he has been trying to resolve these issues for over a year. He
stated no issues were presented through the first hearing process,and the road was approved two
and a half years ago. Mr. Petridis stated he has made every effort, and this is the first inclination of
what Encana wants. Chair Jerke stated that if this matter is continued, the only items allowed for
discussion will be issues of the road,oil well safety and placement, and additional drilling windows
with respect to Rule 318.A. He further stated it would only be continued for a few weeks, and
suggested that Mr. Petridis work with staff and Encana,and propose alternative wording if he cannot
agree with Encana.
Commissioner Geile moved to continue 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, for two weeks to January 11, 2006, at 10:00 a.m. The motion was seconded by
Commissioner Masden,and it carried unanimously. There being no further discussion,the hearing
was completed at 11:45 a.m.
This Certification was approved on the 4th day of January 2006.
401► 1."°iiii. APPROVED:
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on ises BOARD OF COUNTY
COMMISSIONERS
f WELD COUNTY, COLORADO
ATTEST:
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%��i ��� William H. rke, Chair
Weld County Clerk to the :"` N,lootindir Ma/
I -
M. eile, Pro-Tem
BY: ttAl t 1�CSkdC')'J
De uty Clerk 4o the Board e=lm
D 'd E. Lo �/
TAPE#2005-50 & 51 VV�'D !/
Robert/p D. Masden
DOCKET#2005-97 ate,/ //actel
Glenn Vaad
2005-3533
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