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HomeMy WebLinkAbout870092.tiff -RESOLUTION RE: APPROVE CONTINUANCE OF HEARING TO CONSIDER AMENDMENT OF CERTAIN USE BY SPECIAL REVIEW DEVELOPMENT STANDARDS - SUNSHINE VALLEY PETROLEUM CORPORATION WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, a hearing to consider the request of Sunshine Valley Petroleum Corporation to amend certain Use by Special Review Development Standards was held on February 25 , 1987, and WHEREAS, because only three Commissioners were present at said hearing, the applicant , through its representative, William G. Crews, requested that said hearing be continued to a time when at least four Commissioners will be present, and WHEREAS, the Board deems it advisable to continue said hearing to March 4 , 1987 , at 2 : 00 p.m. . NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hearing to consider the request of Sunshine Valley Petroleum Corporation to amend certain Use by Special Review Development Standards be, and hereby is, continued to March 4 , 1987 at 2: 00 p.m. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of -February, A.D. , 1987. BOARD OF COUNTY COMMISSIONERS ATTEST: " 4e , „ WELD COUNTY, COLORADO Weld County lerk and Recorder EXCUSED and Clerk to the Board Gordon E. Lacy, Chairman EXCUSED r 4� C. Kirby, Pro-Tem puty County C rk APPROVED AS TO FORM: e R. Brantner) ( uf�ne n991) County Attorney Frank"Yamaguchi 870092 -HEARING CERTIFICATION -DOCKET NO. 87-6 RE: AMEND USE BY SPECIAL REVIEW DEVELOPMENT STANDARDS 2A, 2B, 5, 8, 9, AND 11 - SUNSHINE VALLEY PETROLEUM CORPORATION A public hearing was conducted on February 25, 1987, at 2:00 P.M. , with the following present: Commissioner Gordon E. Lacy, Chairman - Excused Commissioner C.W. Kirby, Pro-Tem - Excused Commissioner Gene Brantner Commissioner Jacqueline Johnson Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Keith Schuett The following business was transacted: I hereby certify that pursuant to a notice dated January 26, 1987, and duly published February 12, 1987, in the Johnstown Breeze, a public hearing was conducted to consider the request of Sunshine Valley Petroleum Corporation to amend a Use by Special Review by changing certain Development Standards. Lee Morrison, Assistant County Attorney, made this matter of record. Acting Chairman Johnson noted that only three Commissioners were present and a letter was received from the applicant requesting a continuance of this hearing. Bill Crews, representing the applicant, came forward to request that this matter be heard as early as possible when at least four Commissioners can be present. Commissioner Brantner moved to continue this hearing to March 4, 1987, at 2:00 p.m. Commissioner Yamaguchi seconded the motion which carried unanimously. This Certification was approved on the 9th day of March, 1987. APPROVED: n� ttwwi{„` • BOARD OF -COUNTY COMMISSIONERS ATTEST: ( ,: a� WELD COUNTY, COLORADO Weld County Crk and Recorder EXCUSED and Clerk to the Boa Cordon E. Lacy, Chairman a 8y: -67{cmc_12J EXCUSED D uty County Cle k L. Kirby, Pro-Tem At, it eactt—L-- Gene R. Brantner 1 Ja que_ a Jo on aguaii TAPE 1/87-20 DOCKET x`87-6 PL0020 ATTENDANCE -R E C O R D TODAY' S HEARINGS ARE AS FOLLOWS: FEBRUARY 25, 1987 DOCKET #B7-6 - AMEND USR, SUNSHINE VALLEY PETROLEUM CORPORATION PLEASE write or print legibly your name, addres-s and the DOC # (as li-sted above) or the applicants name of the hearing you are attending. NAME ADDRESS HEARING -ATTENDING s� y� 7 PGe�5 /2 ?--7 ag'1& re, Cie L M2l/P Fr7-C`n /".y{.i,.<._..✓ %.�+Scg �v 6≥?', ie-Zi_._c.-.r ct. -t`3 - Co 870159 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, - Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Use by Special Review are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of certified court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in -writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall -be borne by the requesting party. BE IT ALSO KNOWN that the text and -maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 87-6 Sunshine Valley Petroleum Corporation 931) Stafford Casper, Wyoming 82609 DATE: February 25, 1987 TIME: 2:00 P.M. REQUEST: Amend. Use by Special Review Development Standards 2a, 2b, 5, 8, 9, and 11 LEGAL DESCRIPTION: NE}, E} NW}, Wi SE} of Section 33, Township 6 North, Range 65 West and the Ni NW} of Section -4, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .25 mile north of the City of Greeley on Balsam Avenue BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN EEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO TEE BOARD BY: Mary Reiff, Deputy DATED: January 26, 1987 PUBLISHED: February 12, 1987, in the Johnstown Breeze 870159 AFFIDAVIT OF PUBLICATION THEJOHNSTOWN BREEZE rywFCE STATE OF COLORADO 1 Pursuant to the zoning laws of 1 SS the State of Colorado and the COLNTY OF WELD 1 a public-herinjgg will_Ordinance, I, Clyde Briggs,llo solemnly swear that I the Chambers of the Board of am publisher of The Johnstown Breeze; • County Colored loners of Weld that the same is a weekly newspaper Centennial iCenterW915Q°10th printed, in whole or in part, ad publised Stree-. First Fltimr;Greeley,specified.Colo- in the County of Weld, State of Colorado, Colo- rado,-at the time yy '.apedfled. lo- eetednin in Use aby rSP inter- ested and has ageneral circulation therein; that Reviewer° requested to-attend said newspaper has been published and may be heard. continuously and uninterruptedly in said Should the applicant or -any interested -party desire the County of Weld for a period of more than presence-of a court reporter to fifty-two consecutive weeks prior to the make- a record -of the pro- ceedings,in addition to the taped first-publication of the annexed legal notice make record which-will tiekept during or advertisement; that said newspaper has the heating, the-,Clerk be to and been admitted to the United States mails as for as list of artifiednt court reporters In the ana. 8a coun second-class matter under the provisions of reporter is obtalkn1aadd,,the Clen to the Act of March 3, 1879, or any the Boars OM shall be advised in writing of such action amendments thereof, and that said' at feast five-aye nor to the newspaper is a weekly newspaper duly hearing, The.cost of en aging a court reporter shall be borne by qualified for_publishing legal notices and the requesting party. advertisements within the meaning of the, BE IT ALSO-KNOWN that the laws of the State of Colorado. Weld County WaKpktg Commies- g" anon may be examined in the ins t the annexed legal noticethe or advertise- skin tlsl•- office of thetlerk to the Board of ment was -published in regular and County Commi rs, located entire issue of every number ofsaid weekly in the Weld Cou Centennial Center, 915 lot_ Third newspaper for the period of ../.'.. consecu- Floor, oretey,ramie live insertions; and that the first DOCKET NO. 874 publication of said notice was in the issue of APPLICANT said newspaper dated-§. c2Z., A.D. 19.11C, Sunshine Valley and that the last publication of said-notice Petroleum Co850 Stasor was in the issue of said newspaper dated Casper, Wyoming 82809 , A.D. 19 DATE:-February 25, 1987 - - In witness whereof I have here nto-set TIME: 2:00 ir.M. my hand this ./? clay_of REQUEST: -Amend Use by A.D. 19. Special Review Development Standards 2a,-2b..5,8.9,and 11 • ,_-///�/(/�J �J NMI.. WA SE%4 T` cNoon 33 EX (,,/ ) NMI.. WA�Ew q(''. ell Publisher • Tow.hip 5 Norl"^.Range 85 West and the SNW%North,of SectRarwl5 05 West o 5 P M, Weill County, Col Stn P.M, Subscribed And sworn to before me, a LOCATION: Approximately .25 Notary Public in and for the County of mionyBal north-ofve uelIfy of Greeley W d, State of Colorado, this ./.7... day-of BOARD CO COUNTY ../..4,4.-4--.4.-.s. A.D. 19.47. COMWSSIONERS o WEEP.COUNTY, COLORADO OG� -.*T�. BY:-MARY ANN •�� Notary Public. COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary R1146 Deputy My commission e7fpires ,. . 4'•ii-3?;i DATED: January 2Q' 7 PUBLISHED:-February 12, 1987, ? 4o u .,ou v n in the Johnstown Breeze �..� ti 8761E A..rdavit of Publication STATE OF COLORADO ss. County of Weld, Paula A. 4,hdley of -- M+ itkla said County of Weld, being duly sworn, say that I am w tkarn ankt an-advertising clerk of THE GREELEY DAILY TRIBUNE, and a own repprNr wlallle wt '. Nisr THE GREELEY REPUBLICAN igmblarrsoest=te that the same is a daily -newspaper of general circulation and printed and p published in the City of Yelknatr,Ort0Prosirstisii Greeley, in said county and state; that the notice or wr�msma� advertisement, of which the annexed is a true copy, has otisia sreor.ratr6° been published in said daily newspaper for consecutive RAUntt An lS UN W spscIN Rwlpw Davalemeln Standards' pa sp, -$wall (days) (meets*); that the notice was published in the aw,s*ey,h SIW of sattbass; M�Waal Mottle NW%pt regular and entire issue of every number of said sapnanb s itassoiSmiststin ' arR atn.c newspaper during the period and time of publication of � 'ena AV at v " ssiowns said notice, and in the newspaper-proper and not in a ctsubrv,eowsMoo supplement thereof; that the first publication of said notice was contained in the issue of said newspaper bearing date Eleventh day of February AD. 19 87 and the last publication thereof; in the issue of said newspaper bearing date the Eleventh day of FPhrniary A.D. 1987 • that said The Greeley Daily Tribune-and The Greeley Republican, has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. February 11, 1987 Total charge: $27.52 —x c- I Advertising Clerk Subscjribed and sworn to before me this 11 day of February A.D. 19 87 orrfRusslotl') tni � On I>lotar Public 870153 Summary of the Weld County Planning Commission Meeting February 17, 1987 Page 3 CASE NUMBER: USR-777:87:1 APPLICANT: Jack Dinis REQUEST: use by Special Review permit for an 800 head dairy operation LEGAL DESCRIPTION: Part of the SE} of Section 16, T4N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: North of State Highway 392 and west of Weld County Road 55. The Chairman asked Keith Schuett to read the recommendation of the Department of Planning Services staff into the record. The staff is recommending continuance of this request until March 17, 1987, to enable the applicant time to submit the requested information. APPEARANCE: Neither the applicant nor the applicant's agent was present. The Chairman asked if continuance of this request would cause hardship to anyone in the audience. There was no response. MOTION: Lynn Brown moved Case Number USR-777:87:1 for Jack Dinis for a Use by Special Review permit for an 800 head dairy operation be continued until March 17, 1987, at 1:30 p.m. to allow the applicant time to submit required information to the referral agencies. Motion -seconded by Lydia Dunbar. The Chairman called for discussion from the members of the Planning Commission. No further discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Louis Rademacher - yes; LeAnn Reid - yes; Ivan Gosnell — yes; Lynn Brown - yes; Lydia Dunbar - yes; Paulette Weaver - yes; Ann Garrison - yes; Jack Holman - yes. Motion tarried unanimously. CASE NUMBER: Amended USR-717:85:64 APPLICANT: Sunshine Valley Petroleum Corporation REQUEST: Amend a Use by Special Review permit to change Development Standards 2 a. , 2 b. , 5, 8, 9, and 11. LEGAL DESCRIPTION: NEi , E} NW}, W} SEi of Section 33, T6N, and Ni NW} of Section 4, T5N, all in R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately .25 miles north of the City of Greeley on Balsam Avenue. /� 870153 /�, X/f/B/ 7 a Summary of the Weld County Planning Commission Meeting February 17, 1987 Page 4 APPEARANCE: Mike Morgan, Sunshine Valley Petroleum, represented the applicant. This area is northwest -of Greeley. It is agricultural, but is zone R-1 (low density residential) . It is used for agricultural production and oil and gas production. Energy Minerals obtained a Use by Special Review permit for this area. To date, there are no tanks batteries or equipment set on these properties because first they wanted to get permission to change some of the Development Standards. 1 The surface owners, who are farmers, do not want the required fencing around the tank batteries because fencing _consumes too much prime agricultural land. If, in the future, residences came within five hundred feet of any tank battery facility, they must put up fences according to the State Oil and Gas Commission. 2. Instead of setting the tank batteries three hundred feet back from the property lines as defined in Development Standard 119, Sunshine Valley would like to set these closer to the road and not fence them. Again the surface owners are against having the tank batteries in the middle of their fields as they want to farm as much of their land as possible. 3. Development Standard #8 would be expensive to meet. This is agricultural and not residential land. If, and when, this area becomes residential they will muffle the engines. They must comply with State noise levels at any xate. 4. Development Standard #2a requiring that tank battery clusters be bermed; This is defined in the State Oil and Gas Commission's Guidelines. 5. Development Standard 115 requiring a metal sign to be placed on the property indicating the name and telephone number of the person(s) to contact in the event of an emergency. They will comply with this, but it is also a requirement of the State Oil and Gas Commission. 6. They feel Development Standard #11 requiring bonding is unfair. The County does not require bonding on any wells in the County, but because these are in an R-1 zone they are being asked to post bonding which is quiet expense. The State Oil and Gas Commission only requires a bond until the well is in production. They do not object to the bonding up to the production stage. They feel they should not have different levels of enforcement for the same standards. P70159 Summary of the Weld County Planning Commission Meeting February 17, 1987 Page 5 Lee Morrison explained the County is just trying to solve problems upfront with the guidelines setforth in the Development Standards. He also asked the representatives of Sunshine Valley---If there were a hearing for revocation, would the applicant consider this a County or a State Oil and Gas Commission problem if the Development Standards were relaxed. The applicant felt Development Standard #13 which states the drilling and production of any well shall comply with the Colorado Oil and Gas Conservation Commission regulations pertaining to oil and gas drilling rules adequately covered these requirements and therefore, the County would have a right to enforce them. Tape 269 - Side 2 William Crews, Attorney, Sunshine Valley Petroleum Corporation, reported the nearest residence, other than the farm homes on these properties, is about one mile away. Also, in response to the bonding requirement. At one time the oil and gas people could obtain bonding, but now it is no longer available. To come up with the required bonding they now take out a certificate of deposit with the County as a co-signer. The Chairman called for discussion from the audi-ence. Dennis Hosiko, property owner, reported he supports what Mr. Morgan has said. They can farm their land much better if the tank batteries are closer to the road and are not fenced. Also, he is a member of the Front Range Mineral Owners Association and a $5,000.00 bond is required by the State Oil and Gas Commission if there if no signed surface owner agreement on file. William Crews reported within the Use by Special Review there are no bonds in effect with the State Oil and Gas Commission because they have leases with all the property owners. Don Hungenberg, property owner, this property was zoned Estate in 1961 . Since that time there has been no new single mew residence built in the area. The Chairman asked Keith Schuett to read the recommendations, conditions, and Development Standards, as outlined by the Department of Planning Services' staff into the record. The staff is recommending Development Standards 8 and 9 be approved and 2a, 2b, 5, and 11 be denied with all other Development Standards remaining unchanged. MOTION: Paulette Weaver moved Development Standards #8 and 9 of Case Number Amended USR-717:85:64 for Sunshine Valley Petroleum he approved based on the recommendation of the Department of Planning Services staff and the testimony heard by the members of the Planning Commission. Motion seconded hi, Lynn Brown. � Cr ,,y ((��ya J...�r..p.W Summary of the Weld County Planning Commission Meeting February 17, 1987 Page 6 The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the members of the Planning Commission for their decision. Motion carried unanimously. MOTION: Ann Garrison moved Development Standard 2a in Case Number Amended 1'SR-717:55:54 for Sunshine Valley Petroleum corporation remain as it is currently written and the request of the applicant be denied based upon the recommendation of the Department of Planning Services staff and the testimony heard by the members of the Planning Commission. Motion seconded by Paulette Weaver. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the members of the Planning Commission for their decision. Motion carried unanimously. MOTION: Paulette Weaver moved Development Standard 2b in Case Number Amended USR-717:85:64 for Sunshine Valley Petroleum Corporation be amended to read as follows: 2. b. In the event that a residential subdivision development should occur within one thousand (1,000) feet of a well, the applicant shall be required to install a six (6) foot high chain link fence with a three (3) strand barbed wire top to enclose that individual tank battery cluster. Motion seconded by Lynn Brown. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the members of the Planning Commission for their decision. Motion carried unanimously. Tape 270 - Side 1 870153 Summary of the Weld County Planning Commission Meeting February 17, 1987 Page 7 MOTION: Paulette Weaver moved Development Standard 5 of Case Number Amended USR-85:64 for Sunshine Valley Petroleum Corporation for a an amended Use by Special Review permit remain unchanged from the original recommendation based upon the recommendation of the Department of Planning Services staff and the testimony heard by the members of the Planning Commission. Motion seconded by Ann Garrison. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the members of the Planning Commission for their decision. Motion carried unanimously. MOTION: Ann Garrison moved the Planning Commission recommend that Development Standard 11 as proposed by the applicants be denied and that the Development Standard be amended to read as follows. Because with the economics of our economy a $5,000.00 bond per well for the lifetime of the well, which could be twenty years or more, is unreasonable. 11. The applicant shall obtain a performance bond, irrevocable letter of credit, certificate or other security satisfactory to the Board of County Commissioners of $5,000.00 for each well until it is capable of production, and then a $5,000.00 dollar bond be held on the entire area. In event of default, it would le made payable to the Weld County Board of Commissioners for the purpose of _bringing the wells into compliance. When the wells are capped in accordance with State regulations the remaining $5,000.00 shall be refunded to the applicant.. Motion seconded by Louis Rademacher. Keith Schuett stated the intent of the staff is that the applicants meet the intent of the Use by Special Review and bond should be left in place to be sure all County requirements are met, The Chairman called for discussion by the members of the Planning Commission. Discussion followed. The Chairman asked the members of the Planning Commission for their decision. Motion carried unanimously. Mike Morgan asked that all Development Standards pertaining to the rules of the Oil and Gas Commission be moved under Development Standard 13. Summary of the Weld County Planning Commission Meeting February 17, 1987 Page 8 Keith Schuett stated each individual Development Standard is a requirement by the County and we do not want to loose enforcement control if these requirements are not met. The Chairman asked Lee Morrison if the recommendations, conditions, and Development Standards needed to be acted on as a whole. Lee Morrison explained this was not necessary since individual action was taken on each of the applicant's requests. APPLICANT: St. Vrain Sanitation District REQUEST: Site Application for a lift Station LEGAL DESCRIPTION: SEt of Section 4, T2N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: North of State Highway 119 west of Weld County Road 7 Keith Schuett reported the Planning Commission will make a recommendation to the State Health Department on this request. The Board of County Commissioners will also make a recommendation to the State Health Department, but their recommendation will be independent from the Planning Commissions. APPEARANCE: Laverne Nelson, P.E. , Nelson Engineers, represented the applicant. This request is for a pumping station and interceptor line along Highway 119, approximately one mile west of I-25. There will be two pumps which switch on and off according to the water level and a diesel generator in case of power failure. This is a twenty-four inch sewer line and part of the collector system for the St. Vrain Sanitation System. The Colorado Department of Health is now reviewing the original application, but this request is just part of the total system. There will be no ponds, etc. , in this area and the lift station will barely be visible from the highway. The Chairman called for discussion from the members of the audience. There was none. The Chairman asked Keith Schuett to read the recommendation of the Department of Planning Services into the record. MOTION: Ann Garrison moved the Planning Commission recommend approval to the State Health Department for the Saint Vrain Sanitation District Site Application for a lift station and interceptor line, and that the Chairman be instructed to sign the application reflecting the wishes of the Planning Commission. Motion seconded by Lydia Dunbar. The Chairman called for discussion from the members of the Planning r70 -D Commission. Discussion followed. 8 ,. +.��� : WILLIAM G. CREWS Oil and Gas 1223 28TH AVENUE, SUITE 2 (30))351-07)3(GREELEY) GREELEY,COLORADO-80631 (303)659-7710 (DENVER) February 20, 1987 Mr. Chuck Cunliffe Director Department of Planning Services Weld County 915 10th. Street Greeley, CO 80631 Dear Mr. Cunliffe: It is the understanding of Sunshine Valley Petroleum Corporation that only three Commissioners will be present on Wednesday, February 25 to hear Sunshine's request for amendment to USR717:85:64. Due to the nature of the requested amendment, and the fact that the present Board heard the original application, Sunshine would prefer to have at least four Commissioners pres@nt---- for its hearing. Sunshine therefore requests a continuance until such time as four or five Commissioners will be present. We understand that four Commissioners will be present during the week of March 2 through 6, and request that we obtain a new hearing date during that week. Since Sunshine must await the outcome to proceed with the construction of tank battery sites, the involved landowners will be very much inconvenienced if the hearing is postponed past that week. I intend to be present at the time of the original hearing to explain the urgency of the hearing to the Board. If setting for a new date will take place at any time other than 2:00 p.m. on Wednesday, February 25, please let me know as soon as possible. Cordially, William G. Crews Attorney-in-Fact for Sunshine Valley Petroleum Corporation WGC/nm cc: Sunshine Valley Petroleum Corporation P FEB 201887 Weld Co. Planning emission t374.,,,, Hello