HomeMy WebLinkAbout20062112 RESOLUTION
RE: APPROVESITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT#1467 FOR AN OIL AND GAS PRODUCTION FACILITY(21 OIL AND
GAS WELLS AND FIVE (5) TANK BATTERIES) IN THE I-1 (INDUSTRIAL) ZONE
DISTRICT- EASTMAN KODAK COMPANY/BROE LAND ACQUISITIONS II, LLC, C/O
PETRO-CANADA RESOURCES (USA) INC.
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 23rd day of
August,2006,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Eastman Kodak Company,9952 Eastman Park Drive,Windsor,Colorado 80551,and
Broe Land Acquisitions II, LLC,252 Clayton Street,4th Floor, Denver, Colorado 80206,do Petro-
Canada Resources (USA) Inc., 1099 18th Street, Suite 400, Denver, Colorado 80202, for a Site
Specific Development Plan and Amended Use by Special Review Permit#1467,for an Oil and Gas
Production Facility(21 oil and gas wells and five(5)tank batteries)in the I-1 (Industrial)Zone District
on the following described real estate, being more particularly described as follows:
Portions of Sections 26, 27, 34, and 35, Township 6
North, Range 67 West of the 6th P.M.,Weld County,
Colorado
WHEREAS,said applicant was represented by Susan Aldridge, Petro-Canada Resources
(USA), Inc., at said hearing, and
WHEREAS,Section 23-2-230 of the Weld County Code provides standards for review of
said Amended 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 proposal is consistent with Chapter 22 and any
other applicable Code provisions or ordinances in effect.
b. Section 23-2-230.B.2-The proposal is consistent with the intent of the Zone
District in which the Amended Use by Special Review is located.
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F(; ; PL Ail, /7/-t_Cam°) fi°ZL7 n p9 -02-0- O4.
AMENDED USE BY SPECIAL REVIEW PERMIT#1467-EASTMAN KODAK COMPANY/BROE
LAND ACQUISITIONS II, LLC
PAGE 2
c. Section 23-2-230.B.3-The uses which will be permitted will be compatible
with the existing surrounding land uses.
d. Section 23-2-230.B.4-The uses which will be permitted will be compatible
with the 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.
e. Section 23-2-230.8.7-There are adequate provisions for the protection of
the health,safety,and welfare of the inhabitants of the neighborhood and the
County.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Eastman Kodak Company/Broe Land Acquisitions II, LLC,
c/o Petro-Canada Resources(USA)Inc.,for a Site Specific Development Plan and Amended Use
by Special Review Permit#1467 for an Oil and Gas Production Facility(21 oil and gas wells and
five(5)tank batteries)in the I-1 (Industrial)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. This application encompasses land that is subject to other land that is
outside the limits of the current Use by Special Review Permit#1467. The
plat shall be amended, and expanded to include remaining elements of
USR-1467, in addition to those elements proposed by this application.
B. Weld County Road 23 is designated on the Weld County Road Classification
Plan as a local gravel road,which requires 60 feet of right-of-way at full build
out. There is presently 60 feet of right-of-way. All setbacks shall be
measured from the edge of future right-of-way. The applicant shall verify the
existing right-of-way and the documents creating the right-of-way. Atotal of
30 feet from the centerline of Weld County Road 23 shall be delineated
right-of-way on the plat. This road is maintained by Weld County.
C. The Colorado Department of Transportation(CDOT)has jurisdiction over all
accesses to the State Highways(State Highway 257). The applicant shall
contact Gloria Hice-Idler at the Greeley CDOT office to verify the Access
Permit, or for any additional requirements that may be needed to obtain or
upgrade the permit, and provide evidence of such to the Department of
Planning Services.
D. 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 to
give the applicant time to file the first production report. Alternately, the
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AMENDED USE BY SPECIAL REVIEW PERMIT#1467-EASTMAN KODAKCOMPANY/BROE
LAND ACQUISITIONS II, LLC
PAGE 3
applicant can provide evidence from the APCD that they are not subject to
these requirements.
E. The applicant shall attempt to address the conditions and concerns of the
Windsor-Severance Fire Protection District, as indicated in a referral
response dated May 11,2006. Written evidence of such shall be submitted
to the Department of Planning Services.
F. The Amended Use by Special Review Permit Plan Map shall be amended to
delineate the following:
1) All sheets shall be labeled AmUSR-1467.
2) The attached Development Standards shall be added.
3) All remaining elements of USR-1467 shall be incorporated into the
Plan Map, with all Development Standards merged into the Map.
4) All formatting and elements indicated in Section 23-2-260.D of the
Weld County Code shall be incorporated into the Amended Use by
Special Review Permit Plan Map.
5) The applicant shall delineate chain-link fencing around facilities that
are within 60 feet of the public trail.
G. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. Prior to Construction:
A. An amended Flood Hazard Permit shall be submitted in conformance with
Section 23-2-450 of the Weld County Code prior to construction of any
facilities within the floodplain/floodway, including zero-rise certifications as
required.
B. All required building permits, as described on the Department of Building
Inspection referral response, dated May 12, 2006, shall be obtained.
C. A letter of approval from the Windsor-Severance Fire Protection District shall
be submitted to the Department of Building Inspection prior to release of
building permits at the site.
3. 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
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AMENDED USE BY SPECIAL REVIEW PERMIT#1467-EASTMAN KODAK COMPANY/BROE
LAND ACQUISITIONS II, LLC
PAGE 4
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.
4. 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 shall be added for each additional three (3) month period.
5. 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 ArcViewshapefiles,
Arcl nfo 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.
6. 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.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 23rd day of August, A.D., 2006.
BOARD OF C UNTY COMMISSIONERS
)�°� ELD COU , COLORADO
ATTEST: L4 _It5
ile, Chair
Weld ounty Clerk to the O
li Day
. Long, Pro-Tem
BY: _
Dep Clerk the Board i
William H. Jerke
APP TO FORM:
Robert
�D Masden
o Attorney , L (Q
Glen rr44 aad
Date of signature: �1�NIG�
2006-2112
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
EASTMAN KODAK COMPANY/BROE LAND ACQUISITIONS II, LLC
CIO PETRO-CANADA RESOURCES (USA) INC.
AMUSR#1467
1. The Site Specific Development Plan and Amended Use by Special Review Permit#1467 is
for an Oil and Gas Production Facility(21 oil and gas wells and five(5)tank batteries)in the
I-1 (Industrial)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. All construction or improvements occurring in the floodplain and floodway,as delineated on
the Federal Emergency Management Agency FIRM Community Panel Map 0802660605E
and Map 0802661503E, both dated June 10,2005(preliminary),shall comply with the Flood
Hazard Overlay District requirements of Chapter23,Article V, Division 3,of the Weld County
Code, which shall also include the submittal of a zero-rise certificate. The Department of
Public Works shall verify the date and applicability of the Panel and Panel Maps,as needed.
4. 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.
5. No permanent disposal of wastes shall be permitted at this site. This is not meantto 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.
6. 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.
7. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
8. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone District as delineated in Section 25-12-103, C.R.S.
9. Adequate portable toilet facilities shall be provided during the construction of the facility.
10. Bottled water shall be utilized for drinking and hand washing during drilling/construction.
11. 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.
12. The oil and gas service road shall be graded and drained to provide an all-weather access.
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DEVELOPMENT STANDARDS - EASTMAN KODAK COMPANY/BROE LAND ACQUISITIONS
II, LLC (AMUSR #1467)
PAGE 2
13. Prior to construction on the site,including moving and drilling rigs,the applicant shall obtain
all necessary County transportation permits for overweight and overwidth vehicles. The
applicant shall contact the Department of Public Works at 356-4000, extension 3750, to
obtain such permits.
14. The applicant shall conform to all state and federal regulations concerning stormwater
drainage.
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 Program.
16. 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.
17. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
18. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
19. The property owner 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 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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