HomeMy WebLinkAbout20061116.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-1545
APPLICANT: Great Western Oil & Gas Company
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: NW4 of Section 26, T6N, R67W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for an oil and
gas production facility (seven oil wells and one tank battery) in the I-1
(Industrial)Zone District.
LOCATION: 1/2 mile west of CR 23 and south of and adjacent to 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 does have a Surface Use Agreement with Eastman
Kodak for the proposed use.
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 recommended approval of the
proposal. The City of Greeley indicated no conflicts with their interests. The Town of
Severance did not respond to the referral request.
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.
i 1. EXHIBIT
2006-1116
In5Q 41545
Resolution USR-1545
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 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-1545. (Department of Planning Services)
B. The attached Development Standards. (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)
B. Prior to Construction:
A. All required building permits shall be obtained from the Weld County Department of Building
Inspection. (Department of Building Inspection)
B. If interested,the applicant shall contact the Weld County Sheriffs Office to discuss development
of a security plan for the site free of charge. (Sheriffs Office)
3. 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)
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 3 month period.
(Department of Planning Services)
5. 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 mapsOco.weld.co.us. (Department of Planning Services)
Resolution USR-1545
Great Western Oil
Page 3
6. 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-1545
1. The Site Specific Development Plan and Special Use Permit is for an oil and gas production facility
(seven 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 access road through the Kodak property, if it is not paved, shall be a graded and drained road to
provide an all-weather access to the facilities. (Department of Planning Services)
14. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Colorado Oil and Gas Conservation
Commission)
15. 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)
Resolution USR-1545
Great Western Oil
Page 2
16. 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)
17. The property owner or operator shall be responsible for complying with the Design Standards of Section
23-2-240, Weld County Code.
18. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
19. 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.
20. 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.
21. 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 Tom Holton
VOTE:
For Passage Against Passage Absent
Michael Miller
Bruce Fitzgerald
Erich Ehrlich
Roy Spitzer
Chad Auer
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 April 4, 2006.
Dated the 4th of April, 2006.
Voneen Macklin
Secretary
-(-1 - C,G
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, April 4, 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 1:30 p.m.
ROLL CALL
Michael Miller
Erich Ehrlich
Roy Spitzer
James Welch
Bruce Fitzgerald
Chad Auer Absent
Doug Ochsner
Tom Holton
Paul Branham
Also Present: Chris Gathman, Kim Ogle, Sheri Lockman, Don Carroll, Char Davis, Jesse Hein, Peter Schei
The summary of the last regular meeting of the Weld County Planning Commission held on March 21, 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 35 h Ave.
Chris Gathman, Department of Planning Services, read a letter requesting a continuance to May 2, 2006
with the possibility that the case could be withdrawn.
The following items will be on the Consent Agenda:
CASE NUMBER: USR-1545
APPLICANT: Great Western Oil &Gas Company
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: NW4 of Section 26, T6N, R67W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for an oil and
gas production facility(seven oil wells and one tank battery) in the I-1
(Industrial)Zone District.
LOCATION: /% mile west of CR 23 and south of and adjacent to CR 66.
CASE NUMBER: PZ-1097
APPLICANT: Breakneck Weld Properties
PLANNER: Kim Ogle
LEGAL DESCRIPTION: N2NW4 of Section 6, T3N, R68W of the 6th P.M., Weld County,
Colorado.
REQUEST: Change of Zone from A(Agriculture)to PUD for 9 lots with E (Estate)
Zone Uses.
LOCATION: East of and adjacent to CR 1; south of and adjacent to CR 38 Section
Line.
EXHIBIT
�Z 4. 1595
Paul Branham asked about the open space requirement. Mr. Ogle indicated this was a non urban scale
so the open space is not considered a requirement.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy
Spitzer, yes; Erich Ehrlich, yes; James Welch, 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:
CASE NUMBER: USR-1546
APPLICANT: J&M Partnership
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Part of the SW4 of Section 20, T6N, R65W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for uses
permitted as a Use by Right, Accessory Use or Use by Special Review in
the Commercial or Industrial Zone District(Parking of trucks., trailers,
semi-trailers, recreational vehicles, construction equipment and farm
equipment. Warehousing and storage of equipment, machinery and
agricultural supplies. Minor assembling. Repairing manufacturing,
fabricating of agricultural supplies and equipment. All may be for
wholesale or retail for sale or lease to the general public.) In the A
(Agricultural)Zone District
LOCATION: East of and adjacent to CR 39 and north of and adjacent to CR 66.
Sheri Lockman, Department of Planning Services presented Case USR-1546, 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. J & M Partnership has
applied for a Site Specific Development Plan and a Special Review Permit for uses permitted as a Use by
Right,Accessory Use or Use by Special Review in the Commercial or Industrial Zone District in the
Agricultural Zone District. Specifically the parking of trucks, trailers, semi-trailers recreational vehicles,
construction equipment and farm equipment.Warehousing and storage of equipment, machinery and
agricultural supplies. Minor assembling. Repairing, manufacturing, fabricating of agricultural supplies and
equipment.All may be for wholesale or retail for sale or lease to the general public. The sign announcing
the Planning Commission hearing was posted March 21 by Planning Staff. The site is located East of
and adjacent to County Road 39 and north of and adjacent to County Road 66. Surrounding properties to
the north and east are agricultural with no homes in close proximity. South of the site is zoned Industrial,
however, no improvements have been placed on the property and it remains a producing farm. County
Road 39, railroad right-of-way and State Highway 85 lie to the west.A strip of property along the east side
of State Highway 85 is zoned Commercial. Big R Manufacturing is using this area to store their products
to the southwest of the site. Conditions of Approval and Development Standards will ensure compatibility
with these surrounding uses. 10 referral agencies reviewed this case, 9 responded favorably or included
conditions that have been addressed through development standards and conditions of approval and
there has been no correspondence from surrounding property owners.
The Weld County Department of Planning Services Staff is recommending approval of USR-1546. The
applicants request is unusual in that they do not have a specific business in mind for this location but wish
to keep their options open. The USR is intended to be site and use specific. Therefore staff has included
requirements that Prior to locating any additional uses on the site, information must be submitted to the
Department of Planning Services, the Eaton Fire Protection District and the Department of Building
Inspection to determine if the proposed use would constitute a substantial change to the approved Use by
Special Review Permit or if additional infrastructure will be required. The fire code and building code for a
warehouse and a retail shop could be completely different. This condition will allow the applicant his
flexibility and at the same time ensure that the original intent of the USR is maintained and that
health/safety issues can be addressed. Changes to staff comments include a typographical error in the
date of today's hearing and the inclusion of a late referral from the Colorado Department of
Transportation. These changes will not affect the conditions of approval and development standards.
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