HomeMy WebLinkAbout20080576.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1628 FOR AN OIL AND GAS PRODUCTION FACILITY (TWO OIL AND GAS
WELLS) IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONE DISTRICT - OGILVY
IRRIGATING AND LAND COMPANY,C/O TARH E AND P HOLDINGS,L.P.,AND TEXAS
AMERICAN RESOURCES COMPANY
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, the Board of County Commissioners held a public hearing on the 5th day of
March, 2008, at the hour of 2:00 p.m. in the Chambers of the Board, for the purpose of hearing the
application of Ogilvy Irrigating and Land Company, 822 7th Street, Suite 760, Greeley, Colorado
80631, c/o TARH E and P Holdings, L.P., and Texas American Resources Company, 410 17th
Street, Suite 1610, Denver, Colorado 80202, for a Site Specific Development Plan and Use by
Special Review Permit#1628 for an Oil and Gas Production Facility(two oil and gas wells) in the
R-1 (Low Density Residential) Zone District on the following described real estate, being more
particularly described as follows:
The W1/2NE1/4SE1/4 of Section 23, Township 6
North, Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Thomas Hellerich, 5754 West 11th Street,
Suite 101, Greeley, Colorado 80634, at said hearing, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS,the Board of County Commissioners heard all of the testimony and statements
of those present,studied the request of the applicant and the recommendation of the Weld County
Planning Commission and all of the exhibits and evidence presented in this matter and, having
been fully informed, finds that this request shall be approved 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 Board of County Commissioners that the applicant has shown
compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.B.1 --The proposed use is consistent with Chapter 22 and
any other applicable code provisions or ordinance in effect.
Section 22-5-80.6(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 tank battery site is located
outside the boundaries of this USR on agriculturally zoned property. Tank
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SPECIAL REVIEW PERMIT #1628 - OGILVY IRRIGATING AND LAND COMPANY, C/O
TARN E AND P HOLDINGS, L.P., AND TEXAS AMERICAN RESOURCES COMPANY
PAGE 2
batteries are a Use by Right in the A (Agricultural) Zone District, and
therefore, are not required to be addressed under this USR.
b. Section 23-2-230.B.2--The proposed use is consistent with the intent of the
A(Agricultural)Zone District. 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.
c. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The use is located on vacant
agricultural land. Sonny View Estates Subdivision is located approximately
600 feet to the northeast. The two wellheads will be located adjacent to an
existing wellhead. The nearest residence will be located approximately 650
feet from the nearest wellhead site.
d. Section 23-2-230.B.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 an Urban Growth Boundary area, nor an
Intergovernmental Agreement boundary. The site is located within the
three-mile referral area for the City of Greeley. The City of Greeley, in the
referral dated October 17, 2007, indicated no conflict with its interests.
e. Section 23-2-230.8.5--The application complies with Chapter 23,Article V,
of the Weld County Code. The site lies within a floodplain, as defined by
FEMA. Any wellheads constructed on the site will be required to meet the
requirements of Section 26-5-260.N of the Weld County Code. Effective
January 1, 2003, building permits issued on the proposed lots will be
required to adhere to the fee structure of the County-Wide Road Impact Fee
Program. 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 Programs.
f. Section 23-2-230.B.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 "prime;" however, the
wellhead facilities will take up a small portion of the site and will not prevent
agricultural production on the site.
g. Section 23-2-230.B.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 the health, safety, and welfare of
the inhabitants of the neighborhood and County.
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SPECIAL REVIEW PERMIT #1628 - OGILVY IRRIGATING AND LAND COMPANY, C/O
TARH E AND P HOLDINGS, L.P., AND TEXAS AMERICAN RESOURCES COMPANY
PAGE 3
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Ogilvy Irrigating and Land Company, c/o TARN E and P
Holdings, L.P., and Texas American Resources Company, for a Site Specific Development Plan
and Use by Special Review Permit#1628 for an Oil and Gas Production Facility (two oil and gas
wells) in the R-1 (Low Density Residential)Zone District on the parcel of land described above be,
and hereby is, granted subject to the following conditions:
1. Prior to recording the plat:
A. The plat shall be prepared in accordance with Section 23-2-260.D, and shall
be amended as follows:
1) All sheets of the plat shall be labeled USR-1628.
2) The type of easement/right-of-way accessing the site, if any,shall be
identified.
3) The two (2) proposed well heads shall be indicated on the plat,
aligned with, and to the north of, the existing well head. The wells
shall be a maximum of 50 feet apart from each other.
B. The applicant shall submit evidence of an Air Pollution Emission Notice
(A.P.E.N.) and Emissions Permit application from the Air Pollution Control
Division (APCD) of the Colorado Department of Public Health and
Environment. A deferment of 45 days for this requirement will be allowed,
in order to give the applicant time to file the first production report.
Alternately,the applicant may provide evidence from the APCD that they are
not subject to these requirements. Evidence that this information has been
received and approved by the Weld County Department of Public Health
and Environment shall be submitted to the Department of Planning Services.
C. The applicant shall submit a Dust Abatement Plan to the Weld County
Department of Public Health and Environment. Written evidence of
approval shall be provided to the Department of Planning Services.
D. The applicant shall address the requirements of the Colorado Department
of Transportation (CDOT), as stated in the referral response received
October 9, 2007.
E. The applicant shall vacate the portion of USR-599, located within the
proposed boundaries of USR-1628, utilizing the procedures outlined under
Section 23-2-200.G, of the Weld County Code.
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SPECIAL REVIEW PERMIT #1628 - OGILVY IRRIGATING AND LAND COMPANY, C/O
TARH E AND P HOLDINGS, L.P., AND TEXAS AMERICAN RESOURCES COMPANY
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F. The applicant shall submit two (2) paper copies of the plat, for preliminary
approval, to the Weld County Department of Planning Services.
2. Upon completion of Condition of Approval #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 the Department of Planning Services. 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.
3. One month prior to construction:
A. A Stormwater Discharge Permit may be required for a development/
redevelopment/construction site where a contiguous or noncontiguous land
disturbance is greater than, or equal to, one acre in area. The applicant
shall contact the Water Quality Control Division of the Colorado Department
of Public Health and Environment at www.cdphe.state.co.us/wq/PermitsUnit,
for more information.
4. The Department of Planning Services respectfully 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 maps@co.weld.co.us.
5. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat is
ready to be recorded in the office of the Weld County Clerk and Recorder.
6. In accordance with Weld County Code Ordinance#2005-7, approved June 1, 2005,
should the plat not be recorded within the required thirty(30)days from the date of
the Board of County Commissioners Resolution, a $50.00 recording continuance
charge may be added for each additional three (3) month period.
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SPECIAL REVIEW PERMIT #1628 - OGILVY IRRIGATING AND LAND COMPANY, C/O
TARH E AND P HOLDINGS, L.P., AND TEXAS AMERICAN RESOURCES COMPANY
PAGE 5
The above and foregoing Resolution was, on motion duly made and seconded,adopted by
the following vote on the 5th day of March, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
� WELD COUNTY, COLORADO
ATTEST: ��b�l" xc'y��� Y 1/42
Wkllipm H. Jerke, Chair
Weld County Clerk tot d
Robert asdep Prp-Tern
BY: �/C/
Dep Cler o the Board
�� (
PR��
Willi i F. Garcia �'
APOVED A \ o
David E. Long
unty Attorney
ougla Rademach r
Date of signature: 3k in
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PL1954
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
OGILVY IRRIGATING AND LAND COMPANY,
C/O TARH E AND P HOLDINGS, L.P., AND TEXAS AMERICAN RESOURCES COMPANY
USR#1628
1. A Site Specific Development Plan and Use by Special Review Permit #1628 is for an Oil
and Gas Production Facility (two oil and gas wells) in the R-1 (Low Density Residential)
Zone District, as indicated in the application materials on file and subject to the
Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
3. The existing access from State Highway 392 shall be utilized.
4. The easement shall be graded or drained to provide all-weather access.
5. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 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.
6. 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, Section 30-20-100.5, C.R.S.
7. Waste materials shall be handled,stored,and disposed of in a manner that controls fugitive
dust, fugitive particulate emissions, blowing debris, and other nuisance conditions.
8. 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.
9. The operation shall comply with all applicable State noise statutes and/or regulations.
10. Adequate toilet facilities (portable toilets) shall be provided during drilling/construction.
11. The applicant shall comply with all provisions of the Underground and Above Ground
Storage Tank Regulations.
12. 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 and volatile organic compounds.
13. Bottled water shall be provided for employees, for drinking and hand washing, during
drilling/construction.
14. Effective January 1, 2003, building permits issued on the proposed lots will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
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DEVELOPMENT STANDARDS - OGILVY (USR #1628)
PAGE 2
15. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
16. A building permit shall be obtained prior to the construction or placement of oil and gas
equipment on the site.
17. The historical flow patterns and runoff amounts will be maintained on the site in such a
manner that it will reasonably preserve the natural character of the area, and prevent
property damage of the type generally attributed to runoff rate and velocity increases,
diversions, concentration, and/or unplanned ponding of storm runoff.
18. The applicant must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices.
19. Pursuant to Chapter 15, Articles I and II, of the Weld County Code, if noxious weeds exist
on the property, or become established as a result of the proposed development, the
applicant/landowner shall be responsible for controlling the noxious weeds.
20. The applicant is required to comply with all Colorado Oil and Gas Conservation Commission
(COGCC) rules and regulations, including drill pad construction, stormwater controls, and
reclamation.
21. The applicant is required to comply with the Weld County Code requirements(Chapter 23,
Article V), for anchoring oil and gas facilities located in floodplains and floodways, where
applicable.
22. 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 Programs.
23. The operation shall comply with all applicable rules and regulations of state and federal
agencies, and the Weld County Code.
24. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
25. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
26. Weld County government 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.
27. 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
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DEVELOPMENT STANDARDS - OGILVY (USR#1628)
PAGE 3
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
28. 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.
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