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Home My WebLink About20062930.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Paul Branham, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-1571 APPLICANT: Great Western Oil & Gas Company PLANNER: Brad Mueller LEGAL DESCRIPTION: E2 of Section 27, T6N, R67W of the 6th P.M., Weld County, Colorado REQUEST: A Site Specific Development Plan and Special Use Permit for an Oil & Gas Production Facility(10 oil and gas wells & 2 tank batteries) in the I- 1 (Industrial)Zone District LOCATION: South of and adjacent to CR 66; 1/2 mile east of Hwy 257 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 — That 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, but it will allow for the extraction of needed materials and resources. B. Section 23-2-220.A.2 — That the proposed use is consistent with the intent of the district in which the use is located. The site lies within 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 — That 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 and Broe Land Acquisitions II, LLC. Surrounding uses are industrial in character, or are open fields. Existing facilities similar to those proposed by this application are found throughout the area and the larger Kodak property. State requirements for setbacks and other regulatory requirements can be accommodated at the proposed locations. D. Section 23-2-220.A.4 — That 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 Town of Windsor and the City of Greeley; neither jurisdiction responded to the referral requests. E. Section 23-2-220.A.5 -- A portion of the site lies within the Flood Hazard Overlay District. Structures within these areas will require a Flood Hazard Development Permit and will be required to mitigate any impacts due to potential flooding or downstream impacts. EXHIBIT 2006-2930 I SR *CV Resolution USR-1571 Great Western Oil &Gas Page 2 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 that a diligent effort has been made to conserve prime agricultural land in the locational decision for the proposed use. This criterion is not applicable, as the site is zoned Industrial. Agricultural uses, such as open pasture and some crop production are currently on the site, although the footprint and impacts of the proposed facilities will have negligible impacts to the area. 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. County Road 66 is a major arterial road, which requires a 140-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by the City of Windsor. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (23-1-90), the required setback is measured from the future right-of-way line. The applicant shall contact the City of Windsor prior to recordation to determine any access or other requirements. Written evidence of such shall be provided to the Department of Planning Services. (Department of Public Works) B. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to state highways. The applicant shall contact CDOT to verify the access permit or for any additional requirements that may be needed to obtain or upgrade the permit for State Highway 257. Written evidence of such shall be provided to the Department of Planning Services. (Department of Public Works) C. The applicant shall submit a dust abatement plan for review and approval to the Environmental Health Services, Weld County Department of Public Health & Environment. Written evidence of such shall be provided to the Department of Planning Services. (Department of Public Health and Environment) D. The applicant shall attempt to address the conditions (concerns) of the Windsor-Severance Fire Protection District as indicated in a referral response dated August 8, 2006. Written evidence of such shall be submitted to the Department of Planning Services. (Windsor- Severance Fire Protection District) E. The Special Review Permit Plan Map shall be amended to delineate the following: 1) All sheets shall be labeled USR-1571. (Department of Planning Services) Resolution USR-1571 Great Western Oil & Gas Page 3 2) An additional 40' of right-of-way shall be shown and indicated as"future right-of-way." 3) The attached Development Standards shall be added. (Department of Planning Services) 4) All formatting and elements indicated in Section 23-2-260.D of the Weld County Code shall be incorporated into the Special Review Permit Plan Map. (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. Prior to Construction: A. A Flood Hazard Permit shall be submitted in conformance with Section 23-2-450 of the Weld County Code prior to construction of any facilities within the floodplain, including no- rise certifications as required. (Department of Planning Services) B. An Oil and Gas Permit shall be obtained prior to placing tank batteries and related equipment on the site. (Department of Building Inspection) C. All required building permits, as described on the Department of Building Inspection referral response dated July 14, 2006, shall be obtained. (Department of Building Inspection) D. A letter of approval from the Windsor-Severance Fire Protection District shall be submitted to the Department of Building Inspection prior to release of building permits. (Department of Planning Services) 3. Within 45 days after first production: 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. (Department of Public Health and Environment) 4. A stormwater discharge permit may be required for a development/redevelopment /construction site where a contiguous or non-contiguous land disturbance is greater than or equal to one acre in area. Contact the Water Quality Control Division of the Colorado Department of Public Health and the Environment at www.cdphe.state.co.us/wq/PermitsUnit 5. Upon completion of #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 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) 6. 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) Resolution USR-1571 Great Western Oil & Gas Page 4 7. 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 maos(a�co.weld.co.us. (Department of Planning Services) 8. 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-1571 1. The Site Specific Development Plan and Special Use Permit is for an Oil & Gas Production Facility (10 oil and gas wells, 2 tank batteries, and associated production facilities) 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 construction or improvements occurring in the floodplain as delineated on Federal Emergency Management Agency FIRM Community Panel Map 080266 0605E & Map 080266 1503E, both dated June 10, 2005 ("Preliminary"), shall comply with the Flood Hazard Overlay District requirements of Chapter 23, Article V, Division 3 of the Weld County Code, which shall also include the submittal of a no-rise certificate. (Department of Planning Services) 4. 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) 5. 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., as amended. (Department of Public Health and Environment) 6. 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) 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 drilling/construction. (Department of Public Health and Environment) 10. Bottled water shall be utilized for drinking and hand washing during drilling/construction. (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. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) 13. The oil and gas service right-of-way or easement shall be graded and drained to provide an all- weather access. (Department of Public Works) Resolution USR-1571 Great Western Oil & Gas Page 2 14. Prior to construction on the site, including moving and drilling rigs, the applicant shall obtain all necessary County transportation permits for overweight and over-width vehicles. Please contact the Department of Public Works at 356-4000, extension 3750 to obtain such permits. (Department of Public Works) 15. The applicant shall conform to all State and Federal regulations concerning storm water drainage. As the sites are regulated by the Oil and Gas Commission, utilize the requirements of the Colorado Department of Public Health and the Environment. The applicant must take into consideration storm water capture/quantity and provide accordingly for best management practices. (Department of Public Works) 16. 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) 17. 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) 18. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Planning Services) 19. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240,Weld County Code. (Department of Planning Services) 20. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250,Weld County Code. (Department of Planning Services) 21. 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. (Department of Planning Services) 22. 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. (Department of Planning Services) 23. 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. (Department of Planning Services) Motion seconded by Tom Holton Resolution USR-1571 Great Western Oil & Gas Page 3 VOTE: For Passage Against Passage Absent Bruce Fitzgerald Chad Auer Tom Holton Doug Ochsner James Welch Erich Ehrlich Roy Spitzer Paul Branham Mark Lawley 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 September 5, 2006. Dated the 5th of September, 2006. Voneen Macklin Secretary q-5- Z;o(o of approval. Tom Holton seconded the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy Spitzer, yes; Chad Auer, yes; Tom Holton, yes; Doug Ochsner, yes; Paul Branham, yes; Mark Lawley, yes. Motion carried unanimously. Mr. Nelson indicated he had not read the Development Standards and Conditions of Approval and asked for a summary of them. Mr. Mueller stated they consist of changes to the plat document, notes added to the plat, new copies of deeds are submitted. The language is standard. Mr. Nelson indicated he was in agreement with them. — CASE NUMBER: USR-1571 APPLICANT: Great Western Oil & Gas Company PLANNER: Brad Mueller LEGAL DESCRIPTION: E2 of Section 27, T6N, R67W of the 6th P.M., Weld County, Colorado REQUEST: A Site Specific Development Plan and Special Use Permit for an Oil & Gas Production Facility(10 oil and gas wells &2 tank batteries) in the I-1 (Industrial)Zone District LOCATION: South of and adjacent to CR 66; % mile east of Hwy 257 Brad Mueller, Department of Planning Services presented Case USR-1571, reading the recommendation and comments into the record. The Department of Planning Services is recommending approval of the application along with the Conditions of Approval and Development Standards. Tom Holton asked if there was a lake located on the property. Mr. Mueller indicated it was a storage pond. Doug Ochsner asked if there was any effect on the trail system in the area. Mr. Mueller stated he did not examine the plan in conjunction with the trail system. There was none on the site other than the sidewalk system. It can be reviewed at closer detail if needed. Mr. Ochsner stated the bulk of the system is further to the south. William Crews, representative for the applicant, provided further clarification. The size of the parcel is 320 acres not the 951 acres indicated. It is not unlike the previous applications. This site is slightly further west with the series of oil and gas wells. Most will be drilled from one or two pads to keep the number of surface locations down. Doug Ochsner asked for clarification on the well heads. Mr. Crews stated there will be 10 well heads but the number of tanks and batteries will be limited. There are presently two locations for the tank, batteries and separators. Tom Holton asked if this would come under the State rules of high density. Mr.Crew stated it does not. That would be with a number of platted lots and/or public meeting requirements. It is still considered normal drilling. High density gives setbacks from various facilities. The setback is 150 feet or 1.5 times the height of the derrick, whichever is larger. Char Davis added she would like to correct Development Standards #9 to state "during drilling/construction." William Crews indicated he was questioning Condition of Approval 1 B. The access is off of Hwy 257 and is a CDOT permitted access for truck traffic. Does Condition of Approval 1A mean the need is to add this to the plat? Jesse Hein, Public Works,added it would need to be delineated on the plat. The reserved right-of-way needs to be there. Mr. Mueller added they want something from Windsor that the access as proposed i adequate and acceptable. Mr.Crews stated the access is exiting and approved by CDOT. Mr.Mueller state. that there needs to be something from Windsor that there are changes to the access and use of it. Tom Holton asked for clarification on the access. Mr. Crews indicated that the north access from CR 66 will not be used. All will be from Hwy 257. 3 �� Mr.Crews continued with questions regarding the timing. Ms.Davis indicated this was addressed in Condition of Approval 3. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Tom Holton asked Mr. Hein is mats will be required. Mr.Hein stated the access already existing and it would be a CDOT issue. Doug Ochsner moved to amend Development Standard#9 as suggested and correct the typo. Roy Spitzer seconded. Motion carried. Tom Holton asked if there needed to be a deletion of Condition of Approval 1A. Mr. Hein suggested leaving the condition in to delineate the 140 feet of right-of-way that is needed on the roadway. Paul Branham moved that Case USR-1571, be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval. Tom Holton seconded the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy Spitzer, yes; Chad Auer, yes; Tom Holton, yes; Doug Ochsner, yes; Paul Branham, yes; Mark Lawley, yes. Motion carried unanimously. CASE NUMBER: USR-1565 APPLICANT: TARH E&P Holdings LP .-. PLANNER: Chris Gathman LEGAL DESCRIPTION: W2SE4 of Section 23, T6N, R66W of the 6th P.M., Weld County, Colorado REQUEST: Site Specific Development Plan and Special Review Permit for oil &gas production facilities in the R-1 (Low Density Residential)Zone District LOCATION: North of and adjacent to CR 66; 1/4 mile west of CR 35 Chris Gathman, Department of Planning Services indicated that staff had received a letter of opposition. The attorney that wrote the letter is not present. Mr. Gathman passed out the letters. Cyndy Giauque added that if the letters were being considered it would need to come off the Consent Agenda. The case was reopened at the end of the hearing. Cyndy Giauque, County Attorney, indicated she has reviewed the letter and surface use agreement from the land owner's attorney opposition attorney. There is nothing in the agreement that shows the oil and gas entity would be limited to a certain area on the site. The Planning Commission is not restrained from hearing the USR. Chris Gathman, Department of Planning Services presented Case USR-1565, reading the recommendation and comments into the record. The Department of Planning Services is recommending approval of the application along with the Conditions of Approval and Development Standards. Planning staff recommends the following changes: 1)Town of Windsor(listed under referral responses received on page 1)shall be removed. 2)Condition of Approval 1.A(page 4)shall be revised to read: Prior to the Board of County Commissioners hearing: 4 Hello