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Home My WebLink About20061811.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1557 FOR AN OIL AND GAS PRODUCTION FACILITY IN A PLANNED UNIT DEVELOPMENT WITH C-3 AND I-1 (COMMERCIAL AND INDUSTRIAL) ZONE DISTRICTS - ZEEK PARTNERSHIP, LTD., C/O KERR-MCGEE OIL AND GAS ONSHORE, LP 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 26th day of July, 2006, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Zeek Partnership, Ltd.,do Kenneth Williamson, P.O. Box 10,Mead,Colorado 80542, do Kerr-McGee Oil and Gas OnShore, LP, 1999 Broadway,Suite 3700, Denver,Colorado 80202, for a Site Specific Development Plan and Use by Special Review Permit#1557 for an Oil and Gas Production Facility in a Planned Unit Development with C-3 and I-1 (Commercial and Industrial) Zone Districts on the following described real estate,being more particularly described as follows: Lot 5, Block 1, Rademacher Business Park; being part of the NW1/4 of Section 23, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS,said applicant was represented by Matt Miller 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.B.1 --The proposed use is consistent with Chapter22 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, and will meet all setback/offset requirements. 2006-1811 ao . Pt, Pw, /Acoo) iePP-A7 os-$is,o,d SPECIAL REVIEW PERMIT#1557 -ZEEK PARTNERSHIP,LTD., C/O KERR-MCGEE ROCKY OIL AND GAS ONSHORE, LP PAGE 2 b. Section 23-2-230.6.2--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 23-2-230.B.3--The uses which will be permitted will be compatible with the existing surrounding land uses. The five (5)wells and tank battery are being placed on property owned byZeek Partnership, LLC. The applicant and the surface land owner have an agreement in place dated February 1, 2006. 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 lies within the three-mile referral area for the Towns of Firestone and Mead and the City of Longmont. The Town of Mead indicated in its referral dated April 27,2006,that the Town Board wants the County to require the applicant to petition to the Town for annexation. The City of Longmont indicated no conflicts with its interests. No response was received from the Town of Firestone. e. Section 23-2-230.B.5 --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.B.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.B.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. 2006-1811 PL1849 SPECIAL REVIEW PERMIT#1557-ZEEK PARTNERSHIP,LTD., CIO KERR-MCGEE ROCKY OIL AND GAS ONSHORE, LP PAGE 3 NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Zeek Partnership, Ltd., c/o Kerr-McGee Oil and Gas OnShore, LP, for a Site Specific Development Plan and Use by Special Review Permit#1557 for an Oil and Gas Production Facility in a Planned Unit Development with C-3 and I-1 (Commercial and Industrial)Zone Districts,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 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)of the 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 Department of Public Health and Environment shall be submitted to the Department of Planning Services. B. The applicant shall address all conditions and concerns of the Mountain View Fire Protection District,as stated in the referral dated April 25,2006. Written evidence of such shall be submitted to the Department of Planning Services. C. The applicant shall address all conditions and concerns of the Weld County Department of Public Works, as stated in the referral dated May 9, 2006. Written evidence of such shall be submitted to the Department of Planning Services. D. The applicant shall attempt to address all conditions and concerns of the Town of Mead, as stated in the referral dated April 27, 2006. Written evidence of such shall be submitted to the Department of Planning Services. E. The applicant shall address all conditions and concerns of the Weld County Department of Building Inspection, as stated in the referral dated May 10, 2006. Written evidence of such shall be submitted to the Department of Planning Services. F. The plat shall be amended to delineate the following: 1) All pages of the plat shall be labeled USR-1557. 2) The attached Development Standards. 3) The plat shall comply with Section 23-2-260.D of the Weld County Code. 2006-1811 PL1849 SPECIAL REVIEW PERMIT#1557-ZEEK PARTNERSHIP, LTD., CIO KERR-MCGEE ROCKY OIL AND GAS ONSHORE, LP PAGE 4 4) Weld County Road 32 is designated on the Weld County Road Classification Plan as a local paved road, which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. This road is maintained by the Town of Mead. A total of 30 feet from the centerline of Weld County Road 32 shall be delineated on the plat. G. 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. The applicant shall contact the Weld County Department of Public Works to obtain the necessary moving permits associated with oil and gas drilling. 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. 2006-1811 PL1849 SPECIAL REVIEW PERMIT#1557-ZEEK PARTNERSHIP, LTD., C/O KERR-MCGEE ROCKY OIL AND GAS ONSHORE, LP PAGE 5 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 26th day of July, A.D., 2006. BOARD OF OUNTY COMMISSIONERS CO TY, COLORADO ATTEST. '"au1�D� �,.��•4� �'' Chair ' C-"�'• -\ Weld County 1861 Clerk to the Board , �� - Pro-Teml BY: pu�� • l �1. — 1 lid De u Jerk to the Board iam H. Jerke AP OV D AS TO F %8b Robert . asden unty Attorney dgetelC, Glenn Vaad Date of signature: /7/1& 2006-1811 PL1849 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS ZEEK PARTNERSHIP, LTD. C/O KERR-MCGEE OIL AND GAS ONSHORE, LP USR #1557 1. The Site Specific Development Plan and Use by Special Review Permit#1557 is for an Oil and Gas Production Facility(five oil and/or gas wells and associated production facilities) in a Planned Unit Development with C-3 and I-1 (Commercial and Industrial)Zone Districts, 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 site is limited to five (5) oil and/or natural gas wells. 4. 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 for final disposal in a mannerthat protects against surface and groundwater contamination. 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 solid waste in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S. 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. 7. The operation shall comply with all applicable rules and regulations of the Colorado Oil and Gas Conservation Commission. 8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. 9. 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. 10. Adequate portable toilet facilities shall be provided during the drilling/construction. 11. Bottled water shall be utilized for drinking and hand washing during drilling/construction. 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. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 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. 2006-1811 PL1849 DEVELOPMENT STANDARDS-ZEEK PARTNERSHIP, LTD.,C/O KERR-MCGEE OIL AND GAS ONSHORE, LP (USR#1557) PAGE 2 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 of the Weld County Code. 17. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the 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 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. 2006-1811 PL1849 Hello