HomeMy WebLinkAbout20060710.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1541 FOR OIL AND GAS PRODUCTION FACILITIES 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 29th day of
March,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, P.O. Box 336337, Greeley,Colorado 80633,
for a Site Specific Development Plan and Use by Special Review Permit#1541 for Oil and Gas
Production Facilities in the I-1 (Industrial)Zone District on the following described real estate, being
more particularly described as follows:
Part of the SE1/4 of Section 26, Township 6 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS,said applicant was represented by William G.Crews,CPL, 1610 29th Avenue
Place, Suite 100, Greeley, Colorado 80634, 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 23-2-230.6 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.
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.1ofthe Weld County Code
provides for Oil and Gas Production Facilities as a Use by Special Review
in the I-1 (Industrial) Zone District.
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SPECIAL REVIEW PERMIT#1541 - GREAT WESTERN OIL AND GAS COMPANY
PAGE 2
c. Section 23-2-230.B.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 one quarter of a mile
to the southeast and northeast of the site,respectively. The Kodak facility is
located approximately one-quarter of a mile to the west of the site. There are
already existing oil production facilities on the site(tank battery, separator
and meter house) utilized by Noble Energy.
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 is
not located within an Urban Growth Boundary area, nor Intergovernmental
Agreement Boundary. The site is located within the three-mile referral area
for the City of Greeley and Towns of Windsor and Severance. The Town of
Windsor,in its referral dated February 3,2006,did not indicate concerns with
the proposed permit; however, it is requesting that the applicant submit
information regarding potential future drilling sites. No referrals have been
received from the City of Greeley or the Town of Severance.
e. Section 23-2-230.B.5--The application complies with Chapter 23,Article V,
of the Weld County Code. The site does not lie within any Overlay Districts.
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. 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 23-2-230.6.7 -- 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#1541 for Oil and Gas Production Facilities
in the I-1 (Industrial)Zone District on the parcel of land described above be,and hereby is,granted
subject to the following conditions:
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SPECIAL REVIEW PERMIT#1541 - GREAT WESTERN OIL AND GAS COMPANY
PAGE 3
1. Prior to recording the plat:
A. All sheets of the plat shall be labeled USR-1541.
B. The plat shall be prepared in accordance with Section 23-2-260.D,and shall
be amended to delineate the following:
1. The attached Development Standards.
2. 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. A total of 30 feet from the centerline of Weld County
Road 23 shall be delineated right-of-way on the plat. This road shall
be maintained by Weld County.
C. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. 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.
3. 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.
4. Prior to operation:
A. The applicant or the applicant's representative shall obtain an overweight or
over-width Weld County Permit for the purpose of hauling equipment to drill
the proposed oil and gas wells. The applicant shall contact Ted Eyl, Weld
County Department of Public Works, at 970-356-4000, extension 3750, to
obtain the necessary transport permits prior to moving on the site.
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SPECIAL REVIEW PERMIT#1541 - GREAT WESTERN OIL AND GAS COMPANY
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5. 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.
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 of
the Board of County Commissioners Resolution, a $50.00 recording continuance
charge may be added for each additional three (3) month period.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 29th day of March, A.D., 2006.
BOARD OF OUNTY COMMISSIONERS
ELD C,/ TY, COLORADO
ATTEST: guil
. J. eile, Chair
Weld County Clerk to the �u r
( \ EXCUSED
BY: (tilt 9 Val/ David E. Long,L , Pro-Tem
De ty Cle to the BoarA
W H. Jerke
APP AS TO F _ itit\^0
Robe D. Mas en
ounty At orney
Glenn Va
Date of signature: 41/3/0(F'
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
GREAT WESTERN OIL AND GAS COMPANY
USR#1541
1. A Site Specific Development Plan and Use by Special Review Permit#1541 is 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.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
3. 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.
The applicant shall contact Ted Eyl, Weld County Department of Public Works, at
970-356-4000,extension 3750,to obtain the necessary transport permits prior to moving on
the site.
4. Access shall be gained from Weld County Road 23,as indicated on the Weld County Road
Access Information Sheet.
5. All liquid and solid wastes,as defined in the Solid Waste 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.
6. 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 Waste
Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
7. Waste materials shall be handled, stored and disposed in a manner that controls fugitive
dust, fugitive particulate emissions, blowing debris, and other nuisance conditions.
8. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
9. The 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.
10. Adequate portable toilet facilities shall be provided during the construction of the facility.
11. The applicant shall comply with all provisions of the Underground and Above Ground Storage
Tank Regulations.
12. 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.
13. Bottled water shall be utilized for drinking and hand washing during construction of the
project.
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DEVELOPMENT STANDARDS - GREAT WESTERN OIL AND GAS COMPANY (USR#1541)
PAGE 2
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.
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 propertycomplywith 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.
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