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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. 2006-0710 cc Pc. , Pc,�;, f IL_(en) R-PPL_ /C-p L182�q l7 O(o 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: 2006-0710 PL1828 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. 2006-0710 PL1828 • SPECIAL REVIEW PERMIT#1541 - GREAT WESTERN OIL AND GAS COMPANY PAGE 4 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' 2006-0710 PL1828 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. 2006-0710 PL1828 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. 2006-0710 PL1828 Hello