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Home My WebLink About20193902.tiffEXHIBIT INVENTORY CONTROL SHEET CASE USR19-0035 - DVM BURROS, LLC Exhibit Submitted By Description A. Planning Commission Resolution of Recommendation B. Planning Commission Summary of Hearing (Minutes dated 08/20/2019) C. Planning Services PowerPoint Presentation Surface Damage and Release Agreement (dated D. Planning Services 08/30/2019) Lee and Sandy E. Stevenson Letter of Opposition (received 09/03/2019) F. G. H. J. K. L. M. N. O. P. Q. R. s. T. U. V. w. 2019-3902 1 , :' y.► t�� ,�Iw ,► i •AL It N, .., _- v' a v .o .o EXHIBIT n C LASS la -- 0636 SINS Publ+c nearmgs concerning this property will be heard before the County Planning Commission and Board of County Commissioners. Both hearings will be held at: WELD COUNTY ADMINISTRATION BUILDING 1150 "O" Street • Greeley, CO 80631 Planning Commission Hearing will be held on nittyLtAQ 20.l.: at irfx, Board of County Commissioner Hearing will be held on 1�n{c�r�i 20 (.9 : at Jk'C tqn Apphcant Mara_ hLL dicatt for geanasat 11:130:24041. c'Jo .e. IIottt Request - A Sdo 5poati Dovetopmeent Plan and Use by Spectre Rev,ew Petrel for Apncu'tWN Sn.v+cn narabtrtrtlnect pima'iy av+f:a0^a'^ pet IC4frerg ayr'Ctetu,r t, .tn.-ye' Rr st'.arld' cr rorecunurar Sena* on o W o, contract haws. ncluafQ Veer sway cl,nce o' howdahs and a bwWn0 mounted ear r' the A (Apnejlvar) tuns David Acres . - �� /€4 .. Case Number .jJSRt.4JS_ FOR FURTHER INFORMATION PLEASI cci^.'-', _ AT THE'ELO COON 'I DUPAA' ,.• PLANNI SERVICES. AT 970-353-6100 a-' _•., ,t For AdA'tic\r>at 1ntotmatson wart woos wo4dco n ' rVrIN-� ... A ..I /Y u..• R.. r•` d. condi •••• are are& ).a% 0101. -• . r* — R a6/.r • 4 .,...r . , -`i 1 '.1 °4‘r ldlf }°I, I, M . j.17 I . Ye t• ' it.rip., II I Fat Adcl:t ,r!tfk YGIr,•••iti -,-r. .w ea ..rr,r. A. A jai 0' Public hearings concerning this property will be heard before the County Planning Commission and Board of County Commissioners. Both hearings will be held at: WELD COUNTY ADMINISTRATION BUILDING 1150 "O"Street • Greeley, CO 80631 Planning Commission Hearing will be held on .� 0 - 2019.; at Board of County Commissioner Hearing will be held on 2014 ; at joLdadin t�, �_ p-. qPp��f;anl. Matzo tie NoitkAA� d&Lkilt Request: -h A SYto Spocdc Development Plan and Use by Special Review 'permit fly Arucutturat Serv+cO estable9iimenti primarily engaged rn r perfott T•nil ngncultunS, animal husbandry of horticultural serves --' an a fee or contract basks. IntJod(nQ: Veterinary cant,* or hospitals �.. end to buitdtrcq mounted son in tt'* A (A9I hotel) Zone Oratnct Case Numbor: 1R_ -yS- Acres:% jQ.rpN FOR FupTHER INFORMATION PLEASE CONTACT DEPARTMENT OF •nningcnsea.? ... 212010.. "%not ..0....N .+.w of __&lO_ rdOrb ne M a* Info./ AT THE WELD COUN PLANNING SERVICES, AT 970-3534100. 1 Inlo4Thatlon visit vvvvet weldaoon i4 wows. of Mot lar feta O .. r'^'Yrlr• N Vim Ow ef.fsfi.lf A 6#i. R/r .-r Carknolliffol I./ *ad 1 � i "4Y y1+. • d r,1 es . rj 1 • . t 7 . �t e *y)r, . .ti r4 i. • .1 ;C. G 1' L "1. - • I ,•y RP r 4c. --emu - e ',. , ' ! 21 • •,!r 1 M I• Signs. One on Sandra Jeans Way and one on CR 1. • 1" �7 / • tit -`t w. . r `.h I - 3� ff ! sr Rr .r r1 la" iolit% .1.-J n a- , o. 1 •1, . IR • i ..1• r,+ it +1. f�9TIP, �,• I• 'l . N I']; 1;: r ;AiI t Flat y&t;) I'.4./arid.�,�4 rte 1' r a Y - 4 ad t+ , 1.6 r 4 04 .' :t� C`t ,• r'y �i..M •, . 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S'- r -;i �J h n...' ' . Sr*f•ri d` ° °' rt 6.•r s. M 3 C f w - a . a Mi C View looking west on the oil and gas access road toward CR 1 .1 , 11- :14 j 4.. • i '4 1:111--11:7 .• 4 ;is!: radar• - ka r - -. •Otis: ...- r - ... - .�.. r _r„ .Lr'- r r `-'- - i rs4•" - a 6661 :J! `_ • - '..- a •••_ -� r - �'.• )•711 +'7 - "* .;f.:. y •i �r i ••'vim _ - y�^• _ a • • "...'l�l•A.i cis..1W- jF 't. el �f ��`. •Y'_ �r � - r .F �'. tT'•. ;Ii.61 ;tit 4" ty I ..: �y ti*Ir 1ai.Iw1 i 1 17''s-"rs1-4,,P0 d Ift a' GY'a � d . jJam, • .-.tr .r t a ' S 1 "if r, - r 41�_ �J fir'1 Y �. 'D._ .1 .� V' , •� 1:. _ +. • - - a -f . . * r.: s Y 1 meal t t vittaarfri c_ 1 �r� iIL '' 1 e �� irP r�1's�l- f�.� 1 / • t' :I e ♦ 1•�� 141 '4 i Y11 ::s- "ri Esther Gesick From: Sent: To: Subject: Attachments: Diana Aungst Friday, August 30, 2019 11:58 AM Esther Gesick FW: Access for USR19-0035 oil and gas surface damage agreement.pdf Esther: Please add this agreement to the file for USR19-0035. Thanks, I)ie.ui u From: sherilockman@what-wire.com <sherilockman@what-wire.com> Sent: Friday, August 30, 2019 11:21 AM To: Diana Aungst <daungst@weldgov.com> Cc: Evan Pinkham <epinkham@weldgov.com>; Tiffnee Lamb <tklamb@weldgov.com> Subject: Re: Access for USR19-0035 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Here is the surface agreement. Please see H. Sheri --- daungstweldgov.com wrote: From: Diana Aungst <daungstweldgov.com> To: "sherilockman@what-wire.com" <sherilockman©what-wire.com> CC: Evan Pinkham <epinkham@weldgov.com>, Tiffnee Lamb <tklamb@weldgov.com> Subject: Access for USR19-0035 Date: Fri, 30 Aug 2019 16:58:16 +0000 Sheri: Per our phone call this morning please submit documentation that shows that the oil and gas access easement is a commercial access and that the public can use it. Thanks, Diana Aungst, AICP, CFM Planner /I 1 Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 D: 970-400-3524 O: 970-400-6100 Fax: 970-304-6498 daungst(a) weldgov. corn www. weldggov. corn C Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 SURFACE DAMAGE MID RELEASE AGREEMENT This Surface Damage and Release Agreement (this "Agreement") Is made and entered Into this 11th day of July 2013 by and between Kermit 0 Bohrer Trust U/A/D May 8, 2002 ("Owner") with an address at 14761 County Road 3 Longmont, Colorado 80504, and Encana Oil & Gas (USA) Inc ("Encana") with an address at 370 1 7t Street, Suite 1700, Denver, Colorado 80202. Whereas, Encana has the right to drill a total of nine (9) oil and gas wells (individually a "Well" and collectively, the "Wells") on the lands described below (the "Lands"). Township 3 North, Ranee 68 West, ofthe 6° P.M Section 19: NW/4 Lot 5, Bohrer P.U.D Containing 19.85 acres more or less. Weld County, Colorado Whereas, Owner is the owner of the Lands Whereas, Encana currently plans to drill up to nine (9) Wells on the Lands Whereas, Owner and Encana wish to memorialize their agreement concerning the payment for damages to the surface of the Lands in connection with the access to and the drilling, construction, completion, recompletion, reworking, re-entry, production, maintenance and operation of the Wells and all pipelines, tank batteries and other facilities or property of Encana or its affiliates associated with the Wells and located on the Lands. Therefore, for and in consideration of the covenants and agreements contained herein, and for Ten Dollars ($10 00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and Encana agree as follows 1 Prior to the commencement of drilling operations on the weiisite described on attached Exhibit A (the "Wellsite"), Encana shall pay Owner the sum o an ("Wellsite Payment"). Encana may drill more than one Well on the Wellsite and the Wellsite Payment shall be a one-time payment due before the first Well is drilled on the Wellsite. If there are damages and/or losses to growing crops resulting from these operations and the actual damages are greater than the Wellsite Payment, then upon completion of the drilling and completion of the Wells, Encana shall pay Owner the difference between the Weilsite Payment and the actual crop damages and/or crop losses and the Initial Wellsite Payment and this total amount shall collectively be the Wellsite Payment The Wells, Wellsite, temporary completions area ("Completions Area"), access roads Page 1 of 8 (-Access Roads"), and facilities area ("Facilities Area") are specifically identified on the attached Exhibit A Owner acknowledges and agrees that Encana may use the surface of the Lands specifically designated in this Agreement as the Welisite, Completions Area, Access Roads and Facilities Area, in connection with the development of oil, gas and other hydrocarbons that are beneath the surface of the Lands and beneath the surface of other lands in a pooling or spacing unit 2. The Welisite located on the Lands shall be limited to no more than 9 5 acres in size during -drilling, completion, recompletion and reworking activities, and no more thee.; 2.5 acres in size during production and maintenance operations Encana agrees to fence the operations areas and at all times keep the Welisite in good order and free of litter, debris and trash In the event that Encana does not encounter commercial quantities of oil, gas, or other hydrocarbons for all Wells, as determined by Encana, Encana shall reclaim the Wellsite and rights -of -way and shall restore and reseed the area with a seed mix reasonably approved by Owner after replacing topsoil All reclamation activities shall be completed by Encana within three (3) months following completion of drilling and subsequent related operations, weather permitting. In the event that any Well drilled upon the Lands is completed as a commercial producer of oil and/or gas, Encana shall use only so much of the Welisite as is reasonably necessary for its operations Additionally, Encana shall reclaim the Welisite, reseeding the same with a seed mix specified by Owner. Encana shall keep all of the Wellsite neat, orderly, and clean at all times. 3. After any of the Wells are drilled and completed from the Wellsite, Owner agrees that Encana may at any time re-enter the Wellsite to conduct additional drilling, completion, recompletion, and reworking operations in accordance with Colorado Oil and Gas Conservation Commission ("COGCC") regulations In such case, if the Wellsite and Completions Area have not been reclaimed, no additional consideration will be due to Owner. If, however, the Wellsite and/or Completions Area have been reclaimed and there are actual crop damages and/or crop losses resulting from these operations, then upon completion of drilling, completion, recompletion, or reworking operations Encana shall make an additional payment to Owner in an amount equal to actual crop damages arid/or crop losses resulting from these operations. Any such additional payme is are referred to as the "Re-entry Payment" The Re-entry Payment shall cover all damages caused by additional drilling, completion, recompletion, and reworking operations including the expansion of the Wellsite and Facilities Area. 4. The Wellsite Payment and Re-entry Payment shag be referred to as the "Damage Amount" The Damage Amount shall constitute payment in full by Encana and its affiliates for all normal damages, including but not limited to damages to growing crops, associated with the access to and the drilling, construction, completion, recompletion, reworking, re-entry, production, operation and maintenance of the Wells. Normal damages include, but are not limited to, reasonable and customary ingress, egress, rights -of -way, construction of all access roads, preparation and use of the weilsite area, completions area, and construction, installation and Page 2 of resulting from the off- road travel i-i he use and construction of Access Rusele by i=n i is oii the Lands is a nori c u ..e uee, and Owner may allow other peeses to use aid reed, provided, however, (i) such use by other parties shalt not interfere in any manner with Encana's access or operations, (iI) such other parties and/or Owner shall be responsible for their proportionate share of maintenance costs, and (iii) such other parties and/or Owner shall be responsible for any damages caused by such other parties' use. Encana agrees, if requested by Owner, to place an appropriate sign or signs on any road designating them as "private roads — no trespassing" to ,assist Owner in the control of the use of such roads by unauthorized uscrs ai Owner matt lock gates tees ss its pal vale roads, prGv,CrGGd that 6..r,carra shall have unimpeded access to the Welisite, Completions Area and Facilities Area and the right to place Its own locks on such gates. K The Access Roads on the Lands shall not be € onstructed or used by - Encane for access to lands not subject to this Agreement wifhnuf a eeparateiy riagotiata- d agrecitont. L At such time as Encana no longer desires to utilize any portion of the Access Roads, Encana shall notify Owner of its desire to abandon use of the A ernes Roads. Owner, in its sole dssc_r-etion, may choose to either &Inlet the Access Roads to remain or may require Encana to reclaim the Access Roads corridor. If Owner elects, in writing, to allow the Access Roads to remain, Encana shall be released from any and all responsibility or liability for maintaining or reclaiming that Access Roads M�AA a r pi€s on the E and inete ds; it -se Fir 'ta: cr ,fie`, Ci^Yc.6fY6 may not place any �rrw vie rsr irrv, r..w ��.�•.� - &rlit % pits. re- it rrrioe Arts, spec iel pert, =se pits, reserve pits or multi -wall pits. N Subject to Paragraph 11 H , Encana shall construct and maintain the Access Roads in accordance with applicable laws, rules and regulations viie�EtU a.�_ tr, 12.tric3rla agrees tthatupon G[ruti ur` i:iia i 4r4}}ciica Aiaa �i,i7 currant production facilities for the ®ohher Trust 21-19 well located in Township 3 North, Range 68 West Section 19. NE/4NW/4 shall be relocated to the Facilities Area as depicted on Exhibit A. After relocation, Encana will reclaim the production facilities area previously used for the F rkhrer 'Feist _2 i-i _ i_ re. . _ e and �, 1. .Owner sha;i Deer ail coals and exp'e'l&a to irietan and man-itiafi,i �in,i, a,isia`s and vssee Impact mitigation measures it desires at or around the Welisite, Completions Area, Page. 5 v= EXHIBIT "A" Attached hereto and made part hereof that certain Surlace Damage and Release Agreement dated the ld'r"Jof , 2013, by and between Kermit O Bohrer Trust, "Owner" and Encana Oil & 6as (USA) Inc , "Encana" covenng the below described lands Wellsite (5 5 acres) Completions Area temporary during drilling and completions (3 75 acres) Facilities Area (2 0 acres) ti well area 0 25 ac - -Y Access Roads encana TOWNSHIP 3 NORTH, RANGE 68 WEST SECTION 19. NW/a WELD COUNTY, COLORADO JULY 17, 2013 Jt ' . EXHIBIT Esther Gesick Subject: FW: USR19-0035 .O LAS'itAc& — O03S S From: Lee and Sandy Stevenson <LeeSanFam@live.com> Sent: Tuesday, September 3, 2019 4:48 PM To: Mike Freeman <mfreeman@weldgov.com>; Scott James <sames@weldgov.com>; Barbara Kirkmeyer <bkirkmeyer@weldgov.com>; Steve Moreno <smoreno@weldgov.com>; Sean Conway <sconway@weldgov.com> Subject: USR19-0035 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. We live in the vicinity of the proposed development. We are opposed to the proposed commercial use of the agricultural property by DVM Burros LLC dba Cambridge Animal Hospital. The Veterinary Hospital with 28 commercial parking spaces and the potential for 24 hour operation does not fit the residential character of this area. The property under consideration is zoned agricultural (potentially due to the PUD associated with the adjoining residential properties accessed from Henson Drive). We are concerned that Weld County can "re -zone" this property under a premise of agricultural use, but which clearly will be operating and will be set up as commercial use. There are no other commercial properties along WCR 1 / East County Line Road, there are residential home businesses but none that are "commercial". The proposed business is clearly not a home based business. We look forward to your response to our concerns, Lee and Sandy Stevenson 13299 East County Line Road Longmont, CO 80504 303-882-1766 1 Hello