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HomeMy WebLinkAbout20233352.tiff EXHIBIT Before the Weld County , Planning Colorado , Commission 3 a Resolution of Recommendation to the Board of County Commissioners Moved by Barney Hammond , that the following resolution be introduced for passage by the Weld County Planning Commission . Be it resolved by the Weld County Planning Commission that the application for: Case Number: USR23-0037 Applicant: Cervi Enterprises , Inc. , c/o Kerr- McGee Oil & Gas Onshore , LP Planner: Chris Gathman Request : A Site Specific Development Plan and Use by Special Review Permit for Oil and Gas Support and Service (storage area for parts for drilling rigs , drilling iron pipe and fittings , poly pipe and fittings , two (2) parts trailers and rig mats , light plant trailers and general oil and gas equipment supplies) in the A (Agricultural ) Zone District . Legal Description : All of Section 22 , Township 4 North , Range 63 West of the 6;r P . M . , Weld County , Colorado . Location : Approximately 1 . 4 miles south of the intersection of U . S . Highway 34 and County Road 69 . The site will access onto U . S . Highway 34 , via a private access . be recommended favorably to the Board of County Commissioners for the following reasons : 1 . The submitted materials are in compliance with the application requirements of Section 23 -2 -260 of the Weld County Code . 2 . It is the opinion of the Department of Planning Services ' staff that the applicant has shown compliance with Section 23-2 -220 of the Weld County Code as follows : A . Section 23-2 -220 . A . 1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect . Section 22-2-30 Land Use Goals Section 22-2-30. C. Harmonize development with surrounding land uses. The site is in a remote rural area . The nearest residences are several miles away . Section 22-2-30. C 1 . Transition between land use types and intensities with buffers. Uses that are incompatible with existing uses must be able to mitigate conflicts. The proposed laydown yard is buffered from adjacent residences by several hundreds of acres of that is open rangeland with oil and gas production improvements scattered throughout . B . Section 23-2 -220 . A . 2 -- The proposed use is consistent with the intent of the A (Agricultural ) Zone District . Section 23- 3 - 10 . — Intent , of the Weld County Code states , "Agriculture in the County is considered a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected business , industrial and residential land uses . The A (Agricultural ) Zone District is established to maintain and promote agriculture as an essential feature of the County . The A (Agricultural ) Zone District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production , and for areas for natural resource extraction and energy development , without the interference of other, incompatible land uses . " This code section supports the installation of the subject laydown yard for oil and gas equipment, this use supports energy development. The facility will assist oil and gas operations in Weld County . No productive farm ground will be impacted by this operation . Section 23-3 -40 . V . — Uses by special review , of the Weld County Code includes , " Oil and Gas Support and Service . " This USR facility will also include one job trailer ( 1 ) and four (4 ) storage containers for construction and operation usage , being Accessory Uses , permitted by 23-3-30 . B of the Weld County Code . Also , the applicant is also proposing a temporary construction trailer office during Resolution USR23-0037 Cervi Enterprises,Inc.,Go Kerr-McGee Oil&Gas Onshore,LP Page 2 construction.Per Section 23-4-190 of the Weld County Code:"a zoning permit shall not be required for a manufactured structure in the A(Agricultural)Zone District if such structure is already shown on an approved and recorded Use by Special Review map." C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing surrounding land uses. Surrounding properties consist of rangeland and pasture interspersed with oil and gas production facilities.The facility is in a remote rural area and nearest residences are located more than one(1)mile from the site.The eastern edge of the parcel is encumbered by a 230 kV electrical transmission line(USR-1562). The proposed use is in an area that can support this development and the existing screening, the Development Standards,and the Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region. D. Section 23-2-220.A.4 --The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect,or the adopted Master Plans of affected municipalities. The site is not located within a 3-mile referral area or within a Cooperative Planning Agreement boundary of a municipality. E. Section 23-2-220.A.5--The application complies with Chapter 23,Articles V and XI,of the Weld County Code. The property is not located within any overlay district officially adopted by the County,including A-P(Airport)Overlay District,1-25 Overlay District,Geologic Hazard Overlay District,MS4- Municipal Separate Storm Sewer System area,Special Flood Hazard Area,Historic Townsites Overlay District,or Agricultural Heritage Overlay District. Building Permits issued on the lot will be required to adhere to the fee structure of the County- Wide Road Impact Fee Program.Building Permits issued on the proposed lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. F. Section 23-2-220.A.6 --The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The Natural Resources Conservation Services(NRCS)Soil Survey delineates the area that the laydown yard will be located on as Valent Sand(3 to 9%slopes).This soil type is listed as "Not prime farmland". No prime farmland or farmland of statewide importance will be removed from production. G. Section 23-2-220.A.7—There is adequate provisions for the protection of the health,safety, and welfare of the inhabitants of the neighborhood and County. The Design Standards(Section 23-2-240, Weld County Code),Operation Standards(Section 23-2-250,Weld County Code),Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health,safety,and welfare of the inhabitants of the neighborhood and County. This proposal has been reviewed by the appropriate referral agencies and it has been determined that the attached conditions of approval and development standards ensure that there are adequate provisions for the protection of the health, safety and welfare of the inhabitants of the neighborhood and county and will address and mitigate impacts on the surrounding area with the operation of this facility. Resolution USR23-0037 Cervi Enterprises,Inc.,c/o Kerr-McGee Oil&Gas Onshore,LP Page 3 This recommendation is based, in part, upon a review of the application materials submitted by the applicant,other relevant information regarding the request,and responses from referral entities. The Planning Commission recommendation for approval is conditional upon the following: 1. Prior to recording the map: A. The applicant shall acknowledge the comments of the Weld County Oil &Gas Energy Department(OGED),as stated in the referral response dated July 25,2023.Written evidence of such shall be submitted to the Weld County Department of Planning Services.(OGED) B. The Colorado Department of Transportation(CDOT)has jurisdiction over all accesses to the state highways. Please contact CDOT to verify the access permit or for any additional requirement that may be needed to obtain or upgrade the permit.Written evidence of such shall be provided to the Department of Planning Services and Development Review.(Development Review) C. The map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR23-0037(Department of Planning Services) 2. The attached Development Standards.(Department of Planning Services) 3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.(Department of Planning Services) 4. The applicant shall delineate on the map the trash collection areas,if applicable.Section 23-2-240.A.13 of the Weld County Code addresses the issue of trash collection areas. (Department of Planning Services) 5. The map shall delineate the onsite lighting. (Department of Planning Services) 6. All signs shall be shown on the map and shall adhere to Chapter 23,Article IV,Division 2 of the Weld County Code,if applicable.(Department of Planning Services) 7. County Road 69 is an unmaintained section line right-of-way.The applicant shall verify and delineate on the map the unmaintained right-of-way from the parcel to and including the connection to SH 34.Reference the documents creating the right-of-way.All setbacks shall be measured from the edge of right-of-way.This road is not maintained by Weld County.Any unmaintained road needs to be located/identified in relationship to the right -of-way.Show and label the section line Right-of-Way as"CR 69 Section Line Right-of- way,not County maintained."(Development Review) 8. Show the Colorado Department of Transportation(CDOT)right-of-way on the map along with the documents creating the right-of-way.(Development Review) 9. Show the approved Colorado Department of Transportation(CDOT)access point on the map and label with the approved access permit number. (Development Review) 10. Show and label the drainage flow arrows.(Development Review) 2. Upon completion of Condition of Approval#1 above,the applicant shall submit one(1)electronic copy(.pdf)of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval.The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services.The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Resolution USR23-0037 Cervi Enterprises,Inc.,c/o Kerr-McGee Oil&Gas Onshore,LP Page 4 3. Mylar map and additional requirements shall be submitted within one hundred twenty(120)days from the date of the Board of County Commissioners Resolution.The applicant shall be responsible for paying the recording fee.(Department of Planning Services) 4. In accordance with Appendix 5-J of the Weld County Code,should the map not be recorded within the specified timeline from the date of the Board of County Commissioners Resolution,a$50.00 recording continuance fee shall be added for each additional 3-month period.(Department of Planning Services) 5. Prior to Construction: A. If more than one(1)acre is to be disturbed,a Weld County Grading Permit will be required. (Development Review) 6. The Use by Special Review is not perfected until the Conditions of Approval are completed and the map is recorded.Activity shall not occur,nor shall any building or electrical permits be issued on the property,until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. (Department of Planning Services) Motion seconded by Shana Morgan. VOTE: For Passage Against Passage Absent Elijah Hatch Skip Holland Butch White Pamela Edens Michael Wailes Michael Palizzi Shana Morgan Virginia Guderjahn Barney Hammond The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. Certification of COPY I,Kristine Ranslem,Recording Secretary for the Weld County Planning Commission,do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,Colorado,adopted on November 7,2023. Dated the 7th of November,2023 Kristine Ranslem Secretary Resolution USR23-0037 Cervi Enterprises,Inc.,c/o Kerr-McGee Oil&Gas Onshore,LP Page 5 SITE SPECIFIC EVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Kerr McGee Oil&Gas Onshore LP USR23-0037 1. A Site Specific Development Plan and Use by Special Review Permit,No.USR23-0027,Oil and Gas Support and Service(storage area for parts for drilling rigs,drilling iron pipe and fittings,poly pipe and fittings,two parts trailers and rig mats,light plant trailers and general oil and gas equipment supplies)in the A(Agricultural)Zone District,subject to the Development Standards stated hereon.(Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code.(Department of Planning Services) 3. The parking area on the site shall be maintained.(Department of Planning Services) 4. All signs shall adhere to Chapter 23, Article IV, and Division 2 of the Weld County Code. (Department of Planning Services) 5. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15,Article I and II,of the Weld County Code.(Development Review) 6. The access to the site shall be maintained to mitigate any impacts to the public road,including damages and/or off-site tracking.(Development Review) 7. Any work that may occupy and or encroach upon any County rights-of-way or easement shall acquire an approved Right-of-Way Use Permit prior to commencement.(Development Review) 8. The historical f low patterns and runoff amounts on the site will be maintained.(Development Review) 9. All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities Act,30-20- 100.5,C.R.S.)shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination.(Public Health and Environment) 10. No permanent disposal of wastes shall be permitted at this site.This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act,30-20-100.5,C.R.S.(Public Health and Environment) 11. Waste materials shall be handled,stored,and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with Chapter 14,Article 1 of the Weld County Code.The accepted waste handling plan shall be adhered to.(Public Health and Environment) 12. Fugitive dust should attempt to be confined on the property.Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations.The accepted dust abatement plan shall be adhered to.(Department of Public Health and Environment) 13. For employees or contractors on site for less than 2 consecutive hours a day,and 2 or less full- time employees on site,portable toilets and bottled water are acceptable.Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment.Portable toilets shall be serviced by a cleaner licensed in Weld County,contain hand sanitizers and be screened from existing adjacent residential properties and public rights-of-way.(Public Health and Environment) Resolution USR23-0037 Cervi Enterprises,Inc.,do Kerr-McGee Oil&Gas Onshore,LP Page 6 14. Any On-site Wastewater Treatment system located on the property must comply with all provisions of the Weld County Code,pertaining to On-site Wastewater Treatment Systems.A permanent,adequate water supply shall be provided for drinking and sanitary purposes.(Public Health and Environment) 15. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and patrons,at all times.(Public Health and Environment) 16. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code.(Public Health and Environment) 17. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in accordance with the map.Neither the direct,nor reflected,light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets.No colored lights may be used which may be confused with,or construed as,traffic control devices.(Department of Planning Services) 18. Building permits may be required,for any new construction,set up of manufactured structures,or change of use of existing buildings per Section 29-3-10 of the Weld County Code.Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application.Currently the following has been adopted by Weld County:2018 International Building Codes,2018 International Energy Code,2020 National Electrical Code,and Chapter29 of the Weld County Code.A Building Permit Application must be completed and two(2)complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review.A Geotechnical Engineering Report,performed by a Colorado registered engineer,shall be required or an Open Hole Inspection.A building permit must be issued prior to the start of construction.(Department of Building Inspection) 19. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Facility Fee, County-Wide Road Impact Fee,and Drainage Impact Fee Programs. (Department of Planning Services) 20. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code.(Department of Planning Services) 21. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700,as amended. 22. Necessary personnel from the Weld County Departments of Planning Services,Public Works,and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) 23. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services.(Department of Planning Services) 24. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners.(Department of Planning Services) Resolution USR23-0037 Cervi Enterprises,Inc.,c/o Kerr-McGee Oil&Gas Onshore,LP Page 7 25. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within three(3)years from the date of Board of County Commissioners signed Resolution,unless otherwise specified by the Board of County Commissioners when issuing the original Permit,or the Permit shall be vacated. 26. A Use by Special Review shall terminate when the USE is discontinued for a period of three(3) consecutive years,the USE of the land changes or the time period established by the Board of County Commissioners through the approval process expires.The land owner may notify the Department of Planning Services of a termination of the USE,or Planning Services staff may observe that the USE has been terminated.When either the Department of Planning Services is notified by the landowner,or when the Department of Planning Services observes that the USE may have been terminated,the Planner shall send certified written notice to the landowner asking that the landowner request to vacate the Use by Special Review Permit. 27. In such cases where the Use by Special Review has terminated but the landowner does not agree to request to vacate the Use by Special Review Permit,a hearing shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to request that the Use by Special Review Permit not be vacated,for good cause shown.The landowner shall be notified at least ten(10) days prior to the hearing. If the Board of County Commissioners determines that the Use by Special Review has terminated and no good cause has been shown for continuing the permit,then the termination becomes final,and the Use by Special Review Permit is vacated. 28. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT:Weld County has some of the most abundant mineral resources,including,but not limited to,sand and gravel,oil,natural gas,and coal.Under title 34 of the Colorado Revised Statutes,minerals are vital resources because(a)the state's commercial mineral deposits are essential to the state's economy;(b)the populous counties of the state face a critical shortage of such deposits;and(c)such deposits should be extracted according to a rational plan,calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and people moving into these areas must recognize the various impacts associated with this development.Often times,mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 29. WELD COUNTY'S RIGHT TO FARM STATEMENT:Weld County is one of the most productive agricultural counties in the United States,typically ranking in the top ten counties in the country in total market value of agricultural products sold.The rural areas of Weld County may be open and spacious,but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks,including conflicts with long-standing agricultural practices and a lower level of services than in town.Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views,spaciousness,wildlife,lack of city noise and congestion,and the rural atmosphere and way of life.Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts,including noise from tractors and equipment;slow-moving farm vehicles on rural roads;dust from animal pens,field work,harvest and gravel roads;odor from animal confinement,silage and manure;smoke from ditch burning;f lies and mosquitoes;hunting and trapping activities;shooting sports,legal hazing of nuisance wildlife;and the use of pesticides and fertilizers in the fields,including the use of aerial spraying.It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations.A concentration of miscellaneous agricultural materials often produces a Resolution USR23-0037 Conti Enterprises,Inc.,c/o Kerr-McGee Oil&Gas Onshore,LP Page 8 visual disparity between rural and urban areas of the County.Section 35-3.5-102,C.R.S.,provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been,and continues to be,the lifeline for the agricultural community.It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way"of residential development.When moving to the County,property owners and residents must realize they cannot take water from irrigation ditches,lakes,or other structures,unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand(4,000)square miles in size(twice the size of the State of Delaware)with more than three thousand seven hundred(3,700)miles of state and county roads outside of municipalities.The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County,and the distances which must be traveled may delay all emergency responses,including law enforcement,ambulance,and f ire.Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads,no matter how often they are bladed,will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm.Services in rural areas,in many cases, will not be equivalent to municipal services. Rural dwellers must,by necessity,be more self- • sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting.Farm equipment and oil field equipment,ponds and irrigation ditches,electrical power for pumps and center pivot operations,high speed traffic,sandburs,puncture vines, territorial farm dogs and livestock,and open burning present real threats.Controlling children's activities is important,not only for their safety,but also for the protection of the farmer's livelihood. EXHIBIT 3 Summary of the Weld County Planning Commission Meeting Tuesday . November 7 , 2023 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building , Hearing Room , 1150 O Street , Greeley , Colorado . This meeting was called to order by Chair Elijah Hatch , at 1 : 30 p . m . Roll Call . Present : Elijah Hatch , Michael Wailes , Pamela Edens . Michael Palizzi , Shana Morgan , Barney Hammond . Absent : Skip Holland , Butch White . Virginia Guderjahn . Also Present : Kim Ogle , Diana Aungst , Maxwell Nader, and Tom Parko , Department of Planning Services , Lauren Light . Department of Health , Karin McDougal and Bruce Barker , County Attorney , and Kris Ranslem , Secretary . Motion : Approve the October 3 , 2023 Weld County Planning Commission minutes , Moved by Michael Wailes , Seconded by Barney Hammond . Motion passed unanimously . Case Number: USR23-0037 Applicant: Cervi Enterprises . Inc. , c/o Kerr-McGee Oil & Gas Onshore , LP Planner: Chris Gathman Request : A Site Specific Development Plan and Use by Special Review Permit for Oil and Gas Support and Service (storage area for parts for drilling rigs . drilling iron pipe and fittings , poly pipe and fittings . two (2 ) parts trailers and rig mats , light plant trailers and general oil and gas equipment supplies ) in the A (Agricultural ) Zone District . Legal Description : All of Section 22 . Township 4 North . Range 63 West of the 67' P M , Weld County , Colorado . Location Approximately 1 . 4 miles south of the intersection of U . S . Highway 34 and County Road 69 . The site will access onto U . S . Highway 34 , via a private access . Max Nader, Planning Services , presented Case USR23 -0037 . reading the recommendation and comments into the record . Mr . Nader noted that there were no responses received from surrounding property owners . The Department of Planning Services recommends approval of this application along with conditions of approval and development standards . Lauren Light , Environmental Health , reviewed the public water and sanitary sewer requirements , on-site dust control , and the Waste Handling Plan . Matt Wells , Kerr McGee Oil and Gas , 1099 18th Street . Denver. Colorado , stated that this application is for a laydown yard on 17 acres . This laydown yard will support their Bronco Comprehensive Development Oil and Gas project which is nine ( 9) facilities and 141 wells on the Cervi Ranch . They will be staging equipment on this site . Commissioner Hatch asked what the expected life of the laydown yard is . Mr . Wells said that the facilities will be built over the next several years and this will help support the life of these wells . He added that this laydown yard will be there for the life of the facilities . The Chair asked if there was anyone in the audience who wished to speak for or against this application . No one wished to speak . The Chair asked the applicant if they have read through the Development Standards and Conditions of Approval and if they are in agreement with those . The applicant replied that they are in agreement . 1 Motion:Forward Case USR23-0037 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Barney Hammond,Seconded by Shana Morgan. Vote:Motion carried by unanimous roll call vote(summary:Yes=6). 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