HomeMy WebLinkAbout20060711.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Chad Auer, that the following resolution be introduced for approval by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1541
APPLICANT: Great Western Oil & Gas Company
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part SE4 of Section 26, T6N, R67W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for oil &
gas production facilities in the I-1 (Industrial)Zone District.
LOCATION: West of and adjacent to CR 23 and 1/2 mile south of CR 66.
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.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural)Zone District. Section of the Weld County Code provides for oil and gas
production facilities as a Use by Special Review in the I (Industrial)Zone District.
C. Section 23-2-220.A.3 --The uses which will be permitted will be compatible with the
existing surrounding land uses. The use is located on agricultural land. The nearest two
residences are approximately 1/4 of a mile to the southeast and northeast of the site
respectively. The Kodak facility is located approximately 1/4 mile to the west of the site.
There are already existing oil production facilities on the site (tank battery, separator&
meter house, utilized by Noble Energy).
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 not located within an urban growth area nor
intergovernmental agreement boundary. The site is located within the 3-mile referral area
for the Cities of Greeley and Windsor and the Town of Severance. The Town of
Windsor, in their referral dated February 3, 2006 did not indicate concerns with the
proposed special use permit but is requesting that the applicant submit
information regarding potential future drilling sites. No referrals have been received
from the City of Greeley and Town of Severance.
E. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County
Code. The site does not lie within
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)
1. EX IBIT
2006-0711
Resolution USR-1541
Great Western Oil & Gas
Page 2
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 "prime", however the property is not zoned agricultural and the tank
facilities will take up a small portion of the site (+/- 10 acres).
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's recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. All sheets of the plat shall be labeled USR-1541. (Department of Planning Services)
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, Colorado Department
of Health and Environment. Evidence that this information has been received by the
Health Department shall be submitted to the Department of Planning (Department of
Public Health and Environment)
C. The applicant shall attempt to address the requirements of the Windsor-Severance Fire
Protection District as stated in their referral dated January 6, 2006. Written evidence of
such shall be submitted to the Department of Planning Services. (Windsor-Severance
Fire Protection District)
D. The applicant shall attempt to address the requirements of the Town of Windsor as stated
in their referral dated February 3, 2006. Written evidence of such shall be provided to the
Department of Planning Services. (Town of Windsor)
E. The plat shall be prepared in accordance with section 23-2-260.D and shall be amended
to delineate the following:
A. The attached Development Standards. (Department of Planning Services)
B. 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. A total of 30 feet from the centerline of County
Road 23 shall be delineated right-of-way on the plat. This road is maintained by
Weld County. (Department of Planning Services)
F. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
2. Upon completion of 1. and 2. 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)
Resolution USR-1541
Great Western Oil & Gas
Page 3
3. The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Recorded Exemption/Subdivision Exemption/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 maosco.weld.co.us.
(Department of Planning Services)
4. Prior to operation:
A. The applicant or the applicant's representative will obtain an overweight or over width
Weld County Permit for the purpose of hauling equipment to drill the proposed oil and gas
wells, please contact Ted Eyl, Weld County Public Works Department, at 970-356-4000,
extension 3750, to obtain the necessary transport permits prior to moving on site.
(Department of Public Works)
5. The Special Review activity shall not occur nor shall any building or electrical permits be issued on
the property until the Special Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder. (Department of Planning Services)
6. 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
DEVELOPMENT STANDARDS
Great Western Oil & Gas Company
USR-1451
A. A Site Specific Development Plan and a Special Review Permit for an oil and gas production facility
(separation equipment, gas metering and crude oil storage tanks) in the I-1 (Industrial)Zone District
as indicated in the application materials on file and subject to the Development Standards stated
hereon.
B. 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)
C. The applicant or the applicant's representative will obtain an overweight or over width Weld County
Permit for the purpose of hauling equipment to drill the proposed oil and gas wells. Please contact
Ted Eyl, Weld County Public Works Department, at 970-356-4000, extension 3750, to obtain the
necessary transport permits prior to moving on site.(Department of Public Works)
D. Access shall be from County Road 23 as indicated on the Weld County Road Access Information
Sheet. (Department of Public Works)
E. 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)
F. 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)
G. 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)
H. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public
Health and Environment)
The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone
District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment)
J. Adequate toilet facilities (port-a-potty) shall be provided during the construction of the facility.
(Department of Public Health and Environment)
K. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank
Regulations. (Department of Public Health and Environment)
L. 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)
M. Bottled water shall be utilized for drinking and hand washing during construction of the project.
(Department of Public Health and Environment)
N. 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)
O. 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)
P. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
Resolution USR-1541
Great Western Oil & Gas
Page 2
Q. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
R. Personnel from the Weld County Departments of Public Health and Environment, Planning Services
and Public Works 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.
S. 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.
T. 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.
Motion seconded by Doug Ochsner
VOTE:
For Passage Against Passage Absent
Michael Miller
Bruce Fitzgerald
Erich Ehrlich
Roy Spitzer
Chad Auer
Doug Ochsner
James Welch
Tom Holton
Paul Branham
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.
CERTIFICATION OF COPY
I,Voneen Macklin, 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 February 7, 2006.
Dated the 7th of February, 2006.)
Voneen Macklin
Secretary
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, February 7, 2006
A regular meeting of the Weld County Planning Commission was held Tuesday 2006, in the Weld County
Department of Planning Services, Hearing Room,918 10th Street,Greeley,Colorado. The meeting was called
to order by Chair, Bruce Fitzgerald, at 1:35 p.m.
ROLL CALL
Michael Miller Absent
Erich Ehrlich
Roy Spitzer
James Welch
Bruce Fitzgerald
Chad Auer
Doug Ochsner
Tom Holton
Paul Branham
Also Present: Sheri Lockman,Chris Gathman, Pam Smith, Don Carroll, Peter Schei, Drew Scheltinga, Brian
Kim Ogle, Brad Mueller, Jesse , Char Davis
The summary of the last regular meeting of the Weld County Planning Commission held on January 17,2006,
was approved as read.
The following cases are on the Consent Agenda:
CASE NUMBER: USR-1541
APPLICANT: Great Western Oil &Gas Company
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part SE4 of Section 26, T6N, R67W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for oil &
gas production facilities in the I-1 (Industrial)Zone District.
LOCATION: West of and adjacent to CR 23 and 1/2 mile south of CR 66.
CASE NUMBER: USR-1539
APPLICANT: Keith &Shirley Ashbaugh
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Part of the NW4 of Section 15, T7N, R59W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a
Mineral Resource Development(Gravel Mining) in the A(Agricultural)
Zone District
LOCATION: East of and adjacent to CR 115; Approximately 3/4 mile north of CR 80.
Chad Auer moved to approve the consent agenda as amended. Doug Ochsner seconded. Motion
approved.
The following case will be removed from the Consent Agenda and Heard:
CASE NUMBER: USR-1534 �►
APPLICANT: Duke Energy Field Services
PLANNER: Chris Gathman fr
LEGAL DESCRIPTION: Part N2N2SW4 of Section 29, T5N, R66W of the 6th P.M., Weld County - vJ
Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a Z
mineral resource development facility including an oil and gas support K
and service facility(gas processing facility) in the A(Agricultural)Zone °1
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