HomeMy WebLinkAbout20052645.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1514 FOR AN OIL AND GAS PRODUCTION FACILITY(TWO OIL AND GAS
WELLS) IN THE I-1 (INDUSTRIAL)ZONE DISTRICT-PETRO-CANADA RESOURCES
(USA) INC.
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 28th day of
September,2005,at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of hearing
the application of Petro-Canada Resources (USA) Inc., 1099 18th Street, Suite 400, Denver,
Colorado 80202, for a Site Specific Development Plan and Use by Special Review Permit#1514
for an Oil and Gas Production Facility(two oil and gas wells)in the I-1 (Industrial)Zone District on
the following described real estate, being more particularly described as follows:
Lot A of Recorded Exemption#1244;being part of the
N1/2 of the NE1/4 of Section 35, Township 6 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Michael Wozniak, 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 recommendations 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 23-2-230.8 of the Weld County Code as follows:
a. Section 23-2-230.8.1 --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.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.
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SPECIAL REVIEW PERMIT#1514 - PETRO-CANADA RESOURCES (USA) INC.
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c. Section 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The Conditions of Approval and
Development Standards ensure the proposal will have little impact on the
surrounding land uses.
d. Section 23-2-230.6.4--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 Town of Windsor and the City of
Greeley. Both municipalities listed items that the applicant should take into
consideration such as setbacks, future road rights-of-way, and directional
drilling.
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.
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 site is not zoned Agricultural.
g. Section 23-2-230.8.7 -- 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 Petro-Canada Resources (USA) Inc. for a Site Specific
Development Plan and Use by Special Review Permit#1514 for an Oil and Gas Production Facility
(two oil and gas wells)in the I-1 (Industrial)Zone District 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 Town of Windsor has indicated, in a referral response dated June 3,
2005,that the drilling of oil wells will likely have some impact to the required
setbacks from oil and gas facilities and that the site lies in close proximity to
the City of Greeley's proposed expansion of"O"Street. Written confirmation
that the applicant has taken these concerns into consideration shall be
submitted to the Department of Planning Services.
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B. The applicant shall attempt to address the conditions and concerns of the
City of Greeley, as indicated in a referral response dated March 25, 2004.
Written evidence of such shall be submitted to the Department of Planning
Services.
C. The applicant shall attempt to address the conditions and concerns of the
Windsor/Severance Fire Protection District as indicated in a referral
response dated May 2, 2005. Written evidence of such shall be submitted
to the Department of Planning Services.
D. 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 is maintained by Weld County.
E. 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.
F. The plat shall be amended to delineate the following:
1. All sheets shall be labeled USR-1514.
2. The attached Development Standards.
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. An overweight and over-width Weld County Permit for the purpose of hauling
equipment to drill the proposed oil and gas wells shall be obtained from the
Weld County Department of Public Works. To obtain the necessary
transport permits prior to moving on to the site,contact Ted Eyl at 970-356-
4000, Extension 3750.
B. 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.The applicant shall
inquire with the Water Quality Control Division (WQCD) of the Colorado
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Department of Public Health and Environment at www.cdphe.state.co.us/wq/
PermitsUnit if they are required to obtain a Stormwater Discharge Permit,or
the applicant can provide evidence from WQCD 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 of Public Health
and Environment shall be submitted to the Department of Planning Services.
C. All required building permits, as described on the Department of Building
Inspection referral response dated March 31, 2005, shall be obtained.
D. If interested, the applicant can contact the Weld County Sheriffs Office to
assist in a security plan for the site free of charge.
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
maos@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 Special Review plat is ready to be
recorded in the office of the Weld County Clerk and Recorder.
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 28th day of September, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
40 447
EL / / /Z, l
••'1 �`� William H erke, Chair
pest �•. '. tw�
a•,r,•„iss � lerk to the Board
® i13 � . ��� Geile, Pro-Tem
,\` uty CI rk to the Bo�d '��.u.,,^ CC 4
D o
APPROVED AS RM:
Robert D. as in
punt Attorney ,��y Glenn Vaad
Date of signature: 10I5/OS
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
PETRO-CANADA RESOURCES (USA) INC.
USR#1514
1. The Site Specific Development Plan and Use by Special Review Permit#1514 is for an Oil
and Gas Production Facility(two oil and gas wells) 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. 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 forfinal disposal in a manner that
protects against surface and groundwater contamination.
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 a solid waste in the Solid Wastes
Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
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.
6. The operation shall comply with all applicable rules and regulations of the Colorado Oil and
Gas Conservation Commission.
7. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
8. 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.
9. Adequate portable toilet facilities shall be provided during the construction of the facility.
10. Bottled water shall be utilized for drinking and hand washing.
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 and volatile organic compounds.
12. If applicable,the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
13. Access shall be gained from Weld County Road 23, as indicated on the Weld County
Access Information Sheet.
14. The access road to the Oil and Gas Production Facility(two oil and gas wells)should be a
graded and drained road to provide an all-weather access to the facility.
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15. 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.
16. The operation shall complywith all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
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 complywith the
Development Standards stated herein and all applicable Weld County regulations.
20. 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.
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.
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