HomeMy WebLinkAbout20061115.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1545 FOR AN OIL AND GAS PRODUCTION FACILITY(SEVEN OIL WELLS
AND ONE TANK BATTERY) IN THE I-1 (INDUSTRIAL) ZONE DISTRICT - GREAT
WESTERN OIL AND GAS 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 3rd day of
May, 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,252 Clayton Street,Denver,Colorado 80206,
for a Site Specific Development Plan and Use by Special Review Permit#1545 for an Oil and Gas
Production Facility(seven oil wells and one tank battery)in the I-1 (Industrial)Zone District on the
following described real estate, being more particularly described as follows:
NW1/4 of Section 26, Township 6 North, Range 67
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Bill Crews, Crews and Zeren, LLC,
P.O. Box 336337, Greeley, Colorado 80633, 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 23-2-230.6.1 --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 23-2-230.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.
2006-1115
CC c PL1837
'. PL , Pr ?
++L C��� APL r�' OS -31-0‘.
SPECIAL REVIEW PERMIT#1545 - GREAT WESTERN OIL AND GAS COMPANY
PAGE 2
c. Section 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The wells and tank battery are being
placed on property owned by the Eastman Kodak Company, and the
applicant does have a Surface Use Agreement with Eastman Kodak for the
proposed use.
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 lies
within the three-mile referral area for the Towns of Windsor and Severance
and the City of Greeley. The Town of Windsor recommended approval of the
proposal,the City of Greeley indicated no conflicts with its interests,and the
Town of Severance did not respond to the referral request.
e. Section 23-2-230.6.5 -- A portion of the site lies within the Flood Hazard
Overlay District;however,the wells and tank battery will 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 23-2-230.6.6--The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. This criteria is not applicable as the site is not zoned Agricultural.
g. Section 23-2-230.6.7 -- 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 for a Site Specific
Development Plan and Use by Special Review Permit#1545 for an Oil and Gas Production Facility
(seven oil 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:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled USR-1545.
2006-1115
PL1837
SPECIAL REVIEW PERMIT#1545 - GREAT WESTERN OIL AND GAS COMPANY
PAGE 3
2) The attached Development Standards.
3) 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. If interested, the applicant shall contact the Weld County Sheriffs Office to
discuss development of a security plan for the site, free of charge.
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
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 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.
6. 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.
2006-1115
PL1837
SPECIAL REVIEW PERMIT#1545 - GREAT WESTERN OIL AND GAS COMPANY
PAGE 4
The above and foregoing Resolution was,on motion dulymade and seconded,adopted by
the following vote on the 3rd day of May, A.D., 2006.
"% BOARD OF OUNTY COMMISSIONERS
JLa\ELDCOANTY, COLORADO
0."escq I I �'
I — ——
ATTEST: � I%� , g1 n�`,�tze�: ,�r
-,,- ,:t ele, Ch.it ,
Weld County Clerk to the Bob
t'"I ply�
(/ tiT ‘ �lavid . Long, Pro-Ter
BY: (.I l I j 7_at(4,‘&,..
D uty CIekc to the Board -4,,/
Wilnl ke
AP V AS TO F .�
Robert D. Masd n
C t Attorney Sajrca
Glenn Vaad
Date of signature: S I f .ICS
2006-1115
PL1837
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
GREAT WESTERN OIL AND GAS COMPANY
USR#1545
1. The Site Specific Development Plan and Use by Special Review Permit#1545 is for an Oil
and Gas Production Facility (seven 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 forfinal 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 in a manner that controls fugitive
dust,fugitive particulate emissions,blowing debris,and other potential nuisance conditions.
6. The operation shall comply with 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 toilet facilities(portable toilets)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 access road through the Kodak property,if it is not paved,shall be a graded and drained
road to provide an all-weather access to the facilities.
14. If applicable,the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
2006-1115
PL1837
DEVELOPMENT STANDARDS - GREAT WESTERN OIL AND GAS COMPANY (USR #1545)
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 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 property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
18. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
19. 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.
20. 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.
21. 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.
2006-1115
PL1837
Hello