HomeMy WebLinkAbout20061485.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Doug Ochsner,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-1551
APPLICANT: Great Western Oil & Gas Company
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: SW4 of Section 26, T6N, R67W of the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for a oil and
gas production facility(eight oil and gas wells and one tank battery) in the
I-1 (Industrial)Zone District
LOCATION: /2 mile west of CR 23; '//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 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 23-2-220.A.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
Eastman Kodak Company. The applicant purchased the mineral interests from Eastman
Kodak in November of 2005.
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 lies within the three mile referral area for the Towns of Windsor and
Severance and the City of Greeley. The Town of Windsor indicated that this case wold be
heard at the April 19,2006 Town of Windsor Planning Commission. Further comments from
the Town were not received in time to include them in staff comments. The Town of
Severance and the City of Greeley indicated no conflicts with their interests.
E. Section 23-2-220.A.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 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)
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.This criteria is not applicable,
as the site is not zoned Agricultural.
EXHIBIT
2006-1485 1 2
U512-41551
Resolution USR-1551
Great Western Oil
Page 2
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 the Board of County Commissioners hearing:
A. The applicant shall submit an amended plat to the Department of Planning Services. The plat
shall delineate the location of the additional three (3)wells. The plat shall also indicate that the
wells will only be drilled if the Colorado Oil and Gas Conservation Commission regulations
change to allow them. (Department of Planning Services)
B. Prior to recording the plat:
A. 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),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 Health Department shall be submitted to the Department of
Planning Services. (Department of Public Health and Environment)
B. The applicant shall address all conditions(concerns)of the Windsor-Severance Fire Protection
District. Written evidence of such shall be submitted to the Department of Planning Services.
(Department of Planning Services)
C. The plat shall be amended to delineate the following:
A. All pages of the plat shall be labeled USR-1551. (Department of Planning Services)
B. The attached Development Standards. (Department of Planning Services)
C. The plat shall comply with Section 23-2-260.D of the Weld County Code. (Department of
Planning Services)
D. 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)
3. Prior to Construction:
A. All required building permits shall be obtained from the Weld County Department of Building
Inspection. (Department of Building Inspection)
B. The applicant shall contact Ted Eyl at the Weld County Public Works Department to obtain the
necessary moving permits associated with oil and gas drilling. (Department of Public Works)
4. 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-1551
Great Western Oil
Page 3
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 3 month period.
(Department of Planning Services)
6. The Department of Planning Services respectively 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(a�co.weld.co.us. (Department of Planning Services)
7. 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)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Great Western Oil &Gas Company, LLC
USR-1551
1. The Site Specific Development Plan and Special Use Permit is 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. (Department of
Planning Services)
2. 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)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
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, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment)
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. (Department of Public
Health and Environment)
6. The operation shall comply with all applicable rules and regulations of the Colorado Oil and Gas
Conservation Commission. (Department of Public Health and Environment)
7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public
Health and Environment)
8. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
9. Adequate toilet facilities(port-a-potty)shall be provided during the drilling/construction. (Department of
Public Health and Environment)
10. Bottled water shall be utilized for drinking and hand washing. (Department of Public Health and
Environment)
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 (HAP's)and
volatile organic compounds (VOC's). (Department of Public Health and Environment)
12. The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code. (Department of Public Health and Environment)
13. The applicant shall utilize the existing access from County Road 66(Eastman Park Drive).(Department
of Planning Services)
14. 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) (Department of Planning
Services)
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.
(Ordinance 2005-8 Section 5-8-40)
Resolution USR-1551
Great Western Oil
Page 2
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 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.
Motion seconded by Michael Miller
r
VOTE:
For Passage Against Passage Absent
Michael Miller
Bruce Fitzgerald
Erich Ehrlich
Roy Spitzer
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 May 2, 2006.
Dated the 2nd of May, 2006.
\uUQ-cr( Ae 1)
Voneen Macklin
Secretary
r SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, May/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 p.m.
ROLL CALL
Michael Miller
Erich Ehrlich Absent
Roy Spitzer
James Welch Absent
Bruce Fitzgerald -
Chad Auer -
Doug Ochsner
Tom Holton • a
Paul Branham
Also Present: Kim Ogle, Sheri Lockman, Monica Mika, Brad Mueller, Pam Smith, Peter Schei, Don Carroll,
Jesse Hein,
The summary of the last regular meeting of the Weld County Planning Commission held on,April 18, 2006,
was approved as read.
The following case will be continued:
CASE NUMBER: USR-1544
APPLICANT: Veterinary Properties LLC
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot A of RE-2948; Pt SE4 of Section 26, T6N, R66W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review for a Major
Facility of a Public Utility(70 foot monopole cellular tower).
LOCATION: North of and adjacent to O Street and 1/4 mile west of 3e Ave.
Chris Gathman, Department of Planning Services read a letter requesting a continuance to June 6, 2006.
The applicant is attempting to collocate on an existing facility. If the collocation works this application will
be withdrawn.
The following cases are on the Consent Agenda:
CASE NUMBER: AmPF-354
APPLICANT: James & Cheri Scott
PLANNER: Brad Mueller
LEGAL DESCRIPTION: Part of Section 4, T6N, R67W of the 6th P.M., Weld County, Colorado.
REQUEST: Replat and subdivision of Lot 7, Shiloh Estates into four lots, three
additional lots, located in the Shiloh Estates PUD Zone District.
LOCATION: North of CR 72 off of Cornerstone Way within Shiloh Estates subdivision
which is located between the Towns of Windsor and Severance.
Chad Auer had to abstain from this vote due to not being present at the hearing of Case AmPF-354.
— CASE NUMBER: USR-1551
APPLICANT: Great Western Oil & Gas Company d
PLANNER: Sheri Lockman _ r
LEGAL DESCRIPTION: SW4 of Section 26, T6N, R67W of the 6th P.M., Weld County, Colorado. K v
cal
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REQUEST: A Site Specific Development Plan and a Special Review Permit for a oil
and gas production facility(eight oil and gas wells and one tank battery)
in the I-1 (Industrial)Zone District
LOCATION: 'A mile west of CR 23; '/3 mile south of CR 66.
Doug Ochsner moved to approve the Consent Agenda. Michael Miller seconded.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy
Spitzer,yes; Michael Miller,yes;Tom Holton,yes; Doug Ochsner,yes; Bruce Fitzgerald,yes; Paul Branham,
yes. Motion carried unanimously.
The following cases will be Heard:
PLANNER: Monica Mika/Wendi Inloes
PROPOSAL: Changes to Weld County Code Chapter 20, Road Impact Fees.
Wendi (noes, Department of Planning Services presented the proposed Code Changes. The Department
of Planning Services in conjunction with the Department of Public Works is proposing changes to Chapter
20 of the Weld County Code regarding road impact fees. These changes include new land use types,
along with corresponding fees and definitions. Additionally there have been changes added for
clarification.
Doug Ochsner asked for clarification on Table 21, the road impact fee schedule and what the background
to determine the fees was along with some of the new ones. Perry Eisenach, Department of Public
Works, indicated they used the same formulas that Duncan and Associates had used when the original
impact fees were done. Those formulas take into account traffic generated from the proposed
development and the estimated cost of the County's Strategic Roadway improvements. Data is used from
the ITE manual that contains traffic information for different kinds of uses. The same protocol was used.
Mr. Ochsner asked if the number of animals was taken into account or is it just specific to the use. Mr.
Eisenbach stated they would pay the amount based on the size of the facility. A larger facility would be
more since they would generate more traffic. This is a part of the formula that is used.
Michael Miller asked if the fees were per thousand square feet of the buildings. Mr. Miller added that the
light manufacturing versus the heavy manufacturing is significant and what was the reasoning behind this.
Mr. Eisenach stated the heavy manufacturing has larger bulk items in the facility. The traffic is not
greater on a daily basis in heavy manufacturing. The building to store the equipment in is larger.
Tom Holton asked about the difference between the single family and multi-family detached homes. Ms.
Mika, Department of Planning Services, stated the number of individuals residing in multi-family structures
vs. single family structures is different. The numbers will not be higher since multi-family typically has
senior citizens. The fee for multi-family structures is less because it is typical for senior citizens to reside
in multi-family structures and they typically have less traffic.
Paul Branham asked for clarification on the exemptions. Ms. Inloes stated the intent was to create a
mechanism to charge the impact fee. The intent is if a piece of property was to sit vacant for longer than
six month and then a structure was to be built on it this would invoke the impact fee. Opposite of this
would be if a piece of property has consistently contained a residence and they are expanding or replacing
this it would not invoke the impact fee. This fee will be based on building permits, and is triggered by the
permit process and not based on whether the land is vacant or occupied. Mr. Barker added this was
added and designed to create a window in which the fee could be assessed. Mr. Miller indicated the way
the language is written it could be interpreted as an exemption if the ground has been vacant for six
moths. This language seems to be opposite of the intent. Mr. Fitzgerald asked if deleting the"not"would
cover the interpretation. Ms. Mika added the intent of this provision is to correlate this with non
conforming uses.
Paul Branham added the heavy manufacturing definition is general as to high number of employees and
such. Mr. Eisenach stated this was the actual definition in the IT manual. Staff reviews each case
individually.
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