HomeMy WebLinkAbout20071870.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT#646 FOR AN OIL AND GAS PRODUCTION FACILITY(CONTINUING
PERMITTED OIL AND GAS PRODUCTION FACILITIES,AN ADDITIONAL TWO(2)OIL
AND GAS WELLS, AND AN ADDITIONAL TANK BATTERY FACILITY) IN THE
R-1 (LOW-DENSITY RESIDENTIAL) ZONE DISTRICT - PAUL HUNGENBERG AND
MICHAEL HUNGENBERG, C/O PETROLEUM DEVELOPMENT 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,the Board of County Commissioners held a public hearing on the 25th day of
July, 2007, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Paul Hungenberg and Michael Hungenberg,32500 County Road 41,Greeley,Colorado
80631, do Petroleum Development Corporation,3801 Carson Avenue, Evans, Colorado 80620,
for a Site Specific Development Plan and Amended Use by Special Review Permit#646 for an Oil
and Gas Production Facility(continuing permitted oil and gas production facilities,an additional two
(2) oil and gas wells, and an additional tank battery facility) in the R-1 (Low-Density Residential)
Zone District on the following described real estate, being more particularly described as follows:
Portions of Sections 32 and 33, Township 6 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS,said applicants were represented by Carrie Eggleston,Petroleum Development
Corporation, 3801 Carson Avenue, Evans, Colorado 80620, 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 applicants 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 22-5-80.6.1 (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
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(` �Gt /frfCF)/97 'L.fre70 OS A 7
AMENDED USE BY SPECIAL REVIEW PERMIT#646- PAUL HUNGENBERG AND MICHAEL
HUNGENBERG, C/O PETROLEUM DEVELOPMENT CORPORATION
PAGE 2
the new facilities are located is currently under agricultural production and is
without any structures. The permit for Use by Special Review#646 was
obtained in 1984 by RA Resources. This amendment is necessary to permit
the additional wells and tank battery facility that have recently been added to
the property. The property owners have reached an agreement with the
facility operator regarding the surface use of the property.
b. Section 23-2-230.6.2--The proposed use is consistent with the intent of the
A(Agricultural)Zone District. Section 23-3-110.Dofthe Weld County Code
provides for Oil and Gas Production Facilities as a Use by Special Review
in the R-1 (Low Density Residential) Zone District.
c. Section 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The use is located on vacant
agricultural land. Existing single-family residences are located to the west
of the site.
d. Section 23-2-230.6.4--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 three-mile referral area for the City of Greeley,which did
not respond to the referral request.
e. Section 23-2-230.B.5--The application complies with Chapter 23,Article V,
of the Weld County Code. The site is affected by both the Weld
County-Greeley Airport and FEMA FIRM panel map 080266 0628C,and the
applicant is compliant in regards to both overlay districts. 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 23-2-230.6.6--The applicants have demonstrated a diligent effort
to conserve prime agricultural land in the locational decision forthe proposed
use. The site is located on land designated as Prime; however, the
wellheads and surface tank battery facility occupy 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), Operation
Standards (Section 23-2-250), Conditions of Approval, and Development
Standards ensure that there are adequate provisions forthe protection of the
health,safety,and welfare of the inhabitants of the neighborhood and County.
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AMENDED USE BY SPECIAL REVIEW PERMIT#646- PAUL HUNGENBERG AND MICHAEL
HUNGENBERG, CIO PETROLEUM DEVELOPMENT CORPORATION
PAGE 3
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Paul Hungenberg and Michael Hungenberg,do Petroleum
Development Corporation, for a Site Specific Development Plan and Amended Use by Special
Review Permit #646 for an Oil and Gas Production Facility (continuing permitted oil and gas
production facilities,an additional two(2)oil and gas wells,and an additional tank battery facility)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 amended to delineate the following:
1) All sheets of the plat shall be labeled AmUSR-646.
2) County Road 41 (1st Avenue)is a local paved road,which requires
60 feet of right-of-way at full buildout. There is presently 60 feet of
right-of-way. The applicants shall verify the existing right-of-way,and
the documents creating the right-of-way shall be noted on the plat.
All setbacks shall be measured from the edge of future County road
right-of-way.
3) The plat shall show the entire area covered by this permit and shall
be prepared in accordance with Section 23-2-260.D of the Weld
County Code.
4) All existing wellheads and tank battery facilities shall be clearly shown
on the plat.
B. The applicants 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 Health and Environment. A
deferment of 45 days for this requirement will be allowed to give the
applicants time to file their first production report. Alternately,the applicants
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 Department of Public Health and Environment shall be
submitted to the Department of Planning Services.
C. The applicants 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 applicants shall submit two(2)paper copies of the plat,for preliminary
approval, to the Weld County Department of Planning Services.
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AMENDED USE BY SPECIAL REVIEW PERMIT#646-PAUL HUNGENBERG AND MICHAEL
HUNGENBERG, C/O PETROLEUM DEVELOPMENT CORPORATION
PAGE 4
2. Upon completion of Condition of Approval#1 above, the applicants 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. The Department of Planning Services respectfully requests the surveyor provide a
digital copy of this Amended 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.
4. The Amended Use by Special Review activity shall not occur,nor shall any building
or electrical permits be issued on the property, until the Amended Use by Special
Review plat is ready to be recorded in the office of the Weld County Clerk and
Recorder.
5. 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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AMENDED USE BY SPECIAL REVIEW PERMIT#646 - PAUL HUNGENBERG AND MICHAEL
HUNGENBERG, CIO PETROLEUM DEVELOPMENT CORPORATION
PAGE 5
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of July, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
ILA W COUNTY, CO'RADO
ATTEST: 144# mil/ t C
David E. Long, Chair
Weld County Clerk to the tq. )
op William H erke ro-Tem
BY: C
De ty Cler o the Boar �' -- 2
William F. Garcia
AP b AS TO EXCUSED
Robert D. Masden
ounty Attorney ---- ..,e 640012 dsee--
Douglas ademacher
n
Date of signature: aA 07
2007-1870
PL1352
SITE SPECIFIC DEVELOPMENT PLAN
AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
PAUL HUNGENBERG AND MICHAEL HUNGENBERG
C/O PETROLEUM DEVELOPMENT CORPORATION
AMUSR#646
1. The Site Specific Development Plan and Amended Use by Special Review Permit#646 is
for an Oil and Gas Production Facility(continuing permitted oil and gas production facilities,
an additional two(2)oil and gas wells and an additional tank battery facility)in the R-1 (Low
Density Residential)Zone District, 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 directly across from 'F' Street shall be used.
4. The applicants and/or operator(s) shall operate in accordance with the Emergency
Response and Fire Protection Plan as approved by the Eaton Fire Protection District.
5. The easement shall be graded or drained to provide all-weather access.
6. 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.
7. 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.
8. 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.
9. 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.
10. Adequate portable toilet facilities shall be provided during drilling/construction activities.
11. The operation shall comply with all applicable State noise statutes and/or regulations.
12. If applicable,the applicants shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
13. All potentially hazardous chemicals must be stored and handled in a safe manner, in
accordance with product labeling, and in a manner which minimizes the release of
hazardous air pollutants and volatile organic compounds.
14. Bottled water shall be provided for employees for drinking and hand washing during
drilling/construction activities.
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DEVELOPMENT STANDARDS - PAUL HUNGENBERG AND MICHAEL HUNGENBERG, C?O
PETROLEUM DEVELOPMENT CORPORATION (AMUSR#646)
PAGE 2
15. 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.
16. A building permit shall be obtained prior to the construction or placement of oil and gas
equipment on the site.
17. 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.
18. The property owners or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
19. The property owners or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
20. 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.
21. The Amended 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.
22. The property owners 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.
23. The property owners 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.
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