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Home My WebLink About20061484.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1551 FOR AN OIL AND GAS PRODUCTION FACILITY(EIGHT OIL AND GAS WELLS AND ONE TANK BATTERY) IN THE 1-1 (INDUSTRIAL) ZONE DISTRICT - GREAT WESTERN OIL AND GAS COMPANY, LLC 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 21st day of June, 2006, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Great Western Oil and Gas Company, LLC, 252 Clayton Street, Denver, Colorado 80206, for a Site Specific Development Plan and Use by Special Review Permit#1551 for an Oil and Gas Production Facility(eight oil and gas wells and one tank battery)in the I-1 (Industrial)Zone District on the following described real estate, being more particularly described as follows: SW1/4 of Section 26, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS,at said hearing the Board deemed it advisable to continue the matter to July 12, 2006, at 10:00 a.m., to allow time for adequate notification to be posted by the Department of Planning Services, and WHEREAS,on July 12, 2006, said applicant was represented by William G. Crews, CPL, P. O. Box 336337, Greeley, Colorado 80633-0606, 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.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. 2006-1484 PL1842 00 Pc., f , /fLCd fl-PPL-,fP oq �� SPECIAL REVIEW PERMIT#1551 - GREAT WESTERN OIL AND GAS COMPANY, LLC PAGE 2 b. Section 23-2-230.B.2--The proposed use is consistent with the intent of the I-1 (Industrial)Zone District. Section 23-3-310.D.1 of the Weld County Code provides for Oil and Gas Production Facilities as a Use by Special Review in the I-1 (Industrial) 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 applicant purchased the mineral interests from Eastman Kodak in November 2005, therefore, the wells and tank battery are being placed on property owned by Eastman Kodak Company. 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 lies within the three-mile referral area for the Towns of Windsor and Severance and the City of Greeley. The Town of Windsor indicated its Planning Commission heard this case on April 19, 2006; however, no additional comments were submitted. The Town of Severance and the City of Greeley indicated no conflicts with their interests. e. Section 23-2-230.B.5 -- A portion of the site lies within the Flood Hazard Overlay District; however,the wells and tank batterywill not be located in this area. 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. 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. 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; however, the criteria is not applicable, as the site is not zoned Agricultural. 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. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Great Western Oil and Gas Company, LLC, for a Site Specific Development Plan and Use by Special Review Permit#1551 for an Oil and Gas Production Facility(eight oil and gas wells and one tank battery)in the I-1 (Industrial)Zone District on the parcel of land described above be, and hereby is, granted subject to the following conditions: 2006-1484 PL1842 SPECIAL REVIEW PERMIT#1551 - GREAT WESTERN OIL AND GAS COMPANY, LLC PAGE 3 1. Prior to recording the plat: A. The applicant shall address all conditions and concerns of the Windsor-Severance Fire Protection District. Written evidence of such shall be submitted to the Department of Planning Services. B. The plat shall be amended to delineate the following: 1) All pages of the plat shall be labeled USR-1551. 2) The attached Development Standards. 3) The plat shall comply with Section 23-2-260.D of the Weld County Code. C. 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. All required building permits shall be obtained from the Weld County Department of Building Inspection. B. The applicant shall contact Ted Eyl at the Weld County Department of Public Works to obtain the necessary moving permits associated with oil and gas drilling. 3. Within 90 days after construction of the tank battery: A. The applicant shall submit evidence of an Air Pollution Emission Notice (APEN) and Emissions Permit application from the Air Pollution Control Division (APCD) of the Colorado Department of Health and Environment. Alternately,the applicant can provide evidence from the APCD that they are not subject to these requirements. Written evidence that the requirements have been met to the satisfaction of the Weld County Department of Public Health and Environment shall be submitted to the Department of Planning Services. An extension can be granted by agreement from the Departments of Planning Services and Public Health and Environment. 4. 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. 2006-1484 PL1842 SPECIAL REVIEW PERMIT#1551 - GREAT WESTERN OIL AND GAS COMPANY, LLC PAGE 4 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 shall be added for each additional three (3) month period. 6. 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. 7. 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. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 12th day of July, A.D., 2006. •�'� BOARD OF OUNTY COMMISSIONERS SAN ELaN WELD CO TY, COLORADO ATTEST: Eiji 1/40 � r �r `� ile, Chair Weld County Clerk to the David E. Long, Pro-Tem BY: De ty Clerk o the Board Willi H. Jer e APP AS TO FO Robert . Masden ounty A orney Glenn Vaad Date of signature: 7111/0(O 2006-1484 PL1842 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS GREAT WESTERN OIL AND GAS COMPANY, LLC USR#1551 1. The Site Specific Development Plan and Use by Special Use Permit#1551 for an Oil and Gas Production Facility(eight oil and gas wells and one tank battery)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 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. 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 solid waste in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S. 5. Waste materials shall be handled,stored,and disposed of in a manner that controls fugitive dust,fugitive particulate emissions, blowing debris,and other potential nuisance conditions. 6. The operation shall complywith all applicable rules and regulations of the Colorado Oil and Gas Conservation Commission. 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 drilling/construction. 10. Bottled water shall be utilized for drinking and hand washing. 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 operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 13. The applicant shall utilize the existing access from Weld County Road 66(Eastman Park Drive). 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 Program. 2006-1484 PL1842 DEVELOPMENT STANDARDS-GREAT WESTERN OIL AND GAS COMPANY,LLC(USR#1551) PAGE 2 15. 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. 16. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 17. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 18. 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. 19. 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 permitted. Any other changes shall be filed in the office of the Department of Planning Services. 20. 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. 2006-1484 PL1842 Hello