HomeMy WebLinkAbout20082251.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
• RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Robert Grand,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: USR-1656
APPLICANT: Great Western Oil &Gas Company, LLC
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Permit and a Special Review Permit for oil and gas
production facilities(two oil and gas wells-and any additional wells allowed by the
Colorado Oil and Gas Commission drilled from the same pad along with a tank
battery site)in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot4 of the NW4NW4 and Lot 1 of the SW4SW4 of Section 4,T5N,R65W of the
6th P.M.,Weld County, Colorado.
LOCATION: Approximately 1,000 feet east of State Highway 85 and approximately 1,200 feet
north of East 81h Street(State Highway 263).
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 Planning Commission 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 22-5-80.B (CM.Goal 2) states,
"Promote the reasonable and orderly development of mineral resources". The proposal will
• have little impact on the surrounding area or subject properties. The property where the new
facilities are located currently has two single-family residences at the south end of the
property. The use by special review is necessary to permit the wells and tank battery facility
that have recently been added to the property. The property owner has reached an
agreement with the facility operator regarding the surface use of the property. The permit is
necessary in this case because the property is zoned R-1 (Low Density Residential) on its
north half and C-1 (Commercial)on its south half. This permit allows for a multiple well pad
site and tank battery site which supports the orderly development of the mineral resource.
These facilities would be located on R-1 (Low Density Residential) portion of the site.
b. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the R-1 (Low
Density Residential) and C-1 Commercial Zone Districts. Section 23-3-110.D of the Weld
County Code provides for oil or gas production facilities as a Use by Special Review in the R-
1 (Low Density Residential)Zone District and Section 23-3-210.D.6 of the Weld County Code
provides for oil or gas production facilities as a Use by Special Review in the C-1
(Neighborhood Commercial)Zone District.
c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. Single family residences are located approximately 1/8 of a mile to
the west of the northern wellhead location and existing industrial uses are adjacent to the
west and south of the southern wellhead location. A gravel pit facility is located to the west
and vacant R-1 property is located to the north.The Department of Planning Services has not
included the provision to allow any additional wellheads which may be in the future allowed by
the Colorado Oil and Gas Conservation Commission because this could impact future
development in this area and should be reviewed by the appropriate county process if and
when additional wellheads are proposed on this site. The tank batteries (the largest
improvements on site)are located at the west end of the property and are screened from the
• west by existing mature trees.The property owner to the west of and adjacent to the access
used to access this site expressed concerns with additional impacts to the access created by
this use and impacts from existing uses.
EXHIBIT
2008-2251
Resolution USR-1656
Great Western Oil &Gas Company, LLC
Page 2
• 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 located within the 3-mile referral area for the City of Greeley. The
City of Greeley's referral response received June 10, 2008 recommended approval of this
application provided the applicant satisfies the access and tank permitting requirements of
the Union Colony Fire/Rescue Authority.
e. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code.
The site is affected by the FEMA FIRM Community Panel Map 080266 1541 E.
Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
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 site is located on land
designated as irrigated land(not prime)and other according to the according to the U.S.D.A.
Soil Conservation Map, dated 1979.The site is only 20 acres in size and the placement of the
two wellheads and associated tank battery facility occupy a small portion of the site,will not
prevent agricultural production on the site,and the use of a shared pad site for multiple wells.
• g. Section 23-2-220.A.7 -- 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 ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
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 plat:
A. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1656.(Department of Planning Services)
2) The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
3) The setback radii of the proposed oil and gas facilities located on the property shall
be delineated on the in accordance with section 23-3-50.E of the Weld County Code
or as required by the Colorado Oil and Gas Conservation Commission regulations.
(Department of Planning Services)
4) The applicant shall indicate specifically on the plat the type of right-of-way/easement
and indicate whether it is dedicated, private, or deeded to provide adequate access
• to the parcel. (Department of Public Works)
Resolution USR-1656
Great Western Oil&Gas Company, LLC
Page 3
• B. The access width requirements for emergency equipment(fire department)are a minimum of
20 feet. The applicant indicated that it has been cleared with the fire department and
emergency services that the width and weight capacity of the access lane shall be adequate
for emergency purposes. The applicant shall provide documentation to that effect.
(Department of Public Works)
C. The applicant shall address the concerns and requirements of the Weld County Department
of Public Works as outlined in the referral dated 5/21/2008. Written evidence that these
concerns have been addressed shall be submitted to the Department of Planning Services.
(Department of Planning Services)
D. The applicant shall address the concerns and requirements of the Weld County Department
of Public Health and Environment as outlined in the referral dated 10/31/2007. Written
evidence that these concerns have been addressed shall be submitted to the Department of
Planning Services. (Department of Planning Services)
E. A field check of the site has indicated that there are two residences on the southern portion of
this property.This area is zoned C-1 (Neighborhood Commercial).Single family residences
are not allowed as a principal use in the C-1 zone district unless considered nonconforming
uses per Article VII of the Weld County Code. The property owner shall submit a
nonconforming use application to the Department of Planning Services. (Department of
Planning Services)
F. The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health &
Environment. (Department of Public Health and Environment)
• G. The applicant shall submit evidence of an Air Pollution Emission Notice(APEN)application
from the Air Pollution Control Division, Colorado Department of Health and Environment.
Alternately, the applicant can provide evidence from the APCD that they are not subject to
these requirements. (Department of Public Health and Environment)
H. The applicant shall vacate the portion of USR-1089 located within the proposed boundaries
of USR-1656 utilizing the procedures outlined under Section 23-2-200.G of the Weld County
Code. (Department of Planning Services)
Easement and right-of-way grants pertaining to the access road accessing this site contain
the provision "The grantee, their successor and assigns shall have the responsibility for
maintaining the right-of-way and access easement in an attractive or serviceable manner at
their own expense."There are currently four(4)different properties utilizing this access road.
The applicant shall provide a plan to the Department of Planning Services addressing how
any additional impacts created by the use to this access road will be addressed.(Department
of Planning Services)
2. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other documentation
required as Conditions of Approval.The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat
and additional requirements shall be submitted within thirty(30)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)
3. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
• Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn(Microstation); acceptable
GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is .tif(Group 4).(Group 6 is not acceptable). This digital file may be
sent to mapsRco.weld co.us. (Department of Planning Services)
Resolution USR-1656
Great Western Oil &Gas Company, LLC
Page 4
• 4. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005,should the plat not
be recorded within the required sixty(60)days from the date the Administrative Review was signed a
$50.00 recording continuance charge may be added for each additional 3 month period.(Department
of Planning Services)
•
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
• Great Western Oil and Gas Company, LLC
DEVELOPMENT STANDARDS
USR-1656
1. A Site Specific Development Plan and a Special Review Permit for an Oil and Gas production facility
(two oil and gas wells along with a tank battery site) in the R-1 (Lot Density Residential) and C-1
(Neighborhood) Commercial Zone Districts 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. 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. (Department of Public Health and Environment)
4. 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. (Department of Public Health and Environment)
5. Waste materials shall be handled, stored and disposed in a manner that controls fugitive dust,fugitive
particulate emissions, blowing debris, and other nuisance conditions. (Department of Public Health
and Environment)
6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved dust abatement plan at all times. (Department of Public
Health and Environment)
• 7. The operation shall comply with all applicable State noise statutes and/or regulations.(Department of
Public Health and Environment)
8. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Health and Environment, Water Quality Control Division. (Department of Public Health and
Environment)
9. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with
product labeling and in a manner that minimizes the release of hazardous air pollutants(HAP's)and
volatile organic compounds (VOC's). (Department of Public Health and Environment)
10. The applicant must take into consideration storm water capture/quantity and provide accordingly for
Best Management Practices. (Department of Public Works)
11. The applicant is required to comply with all Colorado Department of Health and Environmental
(CDPHE)regulations regarding berming and spill prevention for materials and liquids stored on site.
(Department of Public Works)
11. The applicant is required to comply with Weld County Code (Section 23-5 and 23-5-260-N)
requirements for anchoring oil and gas facilities located in floodplains and floodways where
applicable. (Department of Public Works)
12. Access shall be controlled by gates on the access roads unless and until a subdivision is platted
around the production site, at which time the well sites and tank batteries shall be fenced to prevent
access. (Department of Planning Services)
• 13. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department of Planning
Services)
Resolution USR-1656
Great Western Oil &Gas Company, LLC
Page 6
• 14. Effective August 1, 2005, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
15. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code. (Department of Planning Services)
16. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code. (Department of Planning Services)
17. Weld County personnel 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 Development Standards stated herein
and all applicable Weld County regulations. (Department of Planning Services)
18. The 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)
19. 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)
• 20. The property owner or operator shall comply with all applicable rules and regulations of State and
Federal agencies, including but not limited to the Colorado Oil and Gas Conservation Commission
rules and regulations, and the Weld County Code. (Department of Planning Services)
Motion seconded by Tom Holton.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Doug Ochsner
Erich Ehrlich
Roy Spitzer
Paul Branham
Mark Lawley
Nick Berryman
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 Commissioner's for further proceedings.
•
Resolution USR-1656
Great Western Oil&Gas Company, LLC
• Page 7
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 August 5, 2008.
Dated the 5th of August, 2008.
WI/IL nil 14-Safil
Kristine Ranslem
Secretary
•
•
n 3 _2 0 CO
• SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, August 5, 2008
A regular meeting of the Weld County Planning Commission was held in the Weld County Department of
Planning Services, Hearing Room, 918 10th Street, Greeley, Colorado. The meeting was called to order by
Chair, Doug Ochsner, at 1:30 p.m.
ROLL CALL ABSENT
Doug Ochsner-Chair
Tom Holton -Vice Chair
Nick Berryman
Paul Branham
Erich Ehrlich
Robert Grand
Bill Hall
Mark Lawley
Roy Spitzer
Also Present: Michelle Martin,Chris Gathman, Department of Planning Services; Don Carroll, Department of
Public Works; Lauren Light, Department of Health; Bruce Barker, County Attorney, and Kris Ranslem,
Secretary.
Tom Holton moved to approve the July 15, 2008 Weld County Planning Commission minutes, seconded by
Robert Grand. Motion carried.
• Commission Ocshner commented that time has come to elect a new Chairman and Vice-Chairman. He
recommended that everyone get a chance to hold these positions as it is a unique opportunity. Mr. Ochsner
opened up the nominations for Chair of the Planning Commission.
Commissioner Grand nominated Doug Ochsner for Chairman, seconded by Commissioner Branham. Mr.
Ochsner accepted the nomination.
Commissioner Lawley nominated Tom Holton for Vice-Chair, seconded by Corn missioner Grand. Mr. Holton
accepted the nomination as Vice-Chair.
The Chair asked for volunteers to represent the Planning Commission on the Board of Adjustment. Currently
there are two vacant positions: 1)District 1, and 2)Associate Member. Erich Ehrlich volunteered to serve on
the District 1 position. Bill Hall volunteered to serve as the Associate Member.
The Chair started with the Consent Agenda and read the first case into record.
CASE NUMBER: USR-1660
APPLICANT: Dust& Dirt Excavating, LLC
PLANNER: Michelle Marlin
REQUEST: Site Specific Development Plan and a Special Review Permit for a Mineral
Resource Development facility including open pit mining and material processing
in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Pt NE4 Section 4,T5N, R65W of the 6th P.M., Weld County, Colorado.
LOCATION: East of and adjacent to Balsam Ave and North of State Highway 263.
The Chair asked Ms. Martin if she wishes for this case to remain on the consent agenda. She replied yes.
The Chair asked if the applicant was here and wishes for this case to remain on consent as well. The
• applicant indicated yes.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No T cj 1
one wished to speak. jLLLL�11
.�eaar
• In addition the Chair asked the Planning Commissioner members if any of them wish to pull this case from
consent. No one wished to speak.
The Chair moved onto the next case. He read it into record.
CASE NUMBER: USR-1655
APPLICANT: Gerald&Beverly Ewing
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Home
Business(bullet casing business)in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: E2 SW4 of Section 29,T9N, R67W of the 6th P.M.,Weld County, Colorado.
LOCATION: North of and adjacent to CR 100 and approximately 1 mile west of CR 17.
The Chair asked Mr. Gathman if he wishes for this case to remain on consent. Mr. Gathman stated that
he does.
The Chair asked if the applicant was here and wishes for this case to remain on consent as well. The
applicant indicated yes.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
No Planning Commissioners wished to pull this case from the consent agenda as well.
The Chair continued to the last case on the consent agenda. He read the case into record.
CASE NUMBER: USR-1656
APPLICANT: Great Western Oil&Gas Company, LLC
• PLANNER: Chris Gathman
REQUEST: A Site Specific Development Permit and a Special Review Permit for oil and gas
production facilities(two oil and gas wells-and any additional wells allowed by the
Colorado Oil and Gas Commission drilled from the same pad along with a tank
battery site)in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot 4 of the NW4NW4 and Lot 1 of the SW4SW4 of Section 4,T5N, R65W of the
6th P.M.,Weld County, Colorado.
LOCATION: Approximately 1,000 feet east of State Highway 85 and approximately 1,200 feet
north of East 8`"Street(State Highway 263).
The Chair asked Mr. Gathman if he would like to have this case remain on consent. Mr.Gathman replied that
he does wish to have this case remain on consent, however staff did receive a letter from a surrounding
property owner and have created a condition of approval that would address their concerns.
The Chair asked the applicant if they wish for this case to remain on consent. The applicant indicated yes.
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 Planning Commission members if they wish to pull this case from the consent agenda.
No one wished to speak.
Robert Grand moved to approve the Consent Agenda, including USR-1660, USR-1655, and USR-1656 and
that they be forwarded to the Board of County Commissioners along with the Conditions of Approval and
Development Standards along with the Planning Commission's recommendation of approval, seconded by
Tom Holton.
The Chair continued with the Hearing Items and read the following case into record.
• CASE NUMBER: AmUSR-1501
APPLICANT: Anderson Properties, LLC
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Amended Special Review Permit for a Use
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