HomeMy WebLinkAbout20040879.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephen Mokray, 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-1462
APPLICANT: Prima Oil and Gas
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Part of the SW4 of Section 34, 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 (four oil and gas wells) in the I-1 (Industrial) Zone
District.
LOCATION: East of and adjacent to Hwy 257; north of and adjacent to CR 62.
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. Conditions of Approval and Development Standards ensure that the
proposal will have little impact on the surrounding land uses.
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 Town of Windsor. The
Town of Windsor indicated in an e-mail dated February 19, 2004 that they tabled the case
until their March 4`" meeting and that any recommendation will be forwarded on the 5'" of
March.This will allow any comments to be addressed at the Board of County Commissioners
hearing.
E. Section 23-2-220.A.5 -- A portion of the site lies within the Flood Hazard Overlay District.
Conditions have been included to ensure the oil and gas wells are located outside of the
Floodway. Further, the applicant is required to obtain a Flood Hazard Development Permit
for any wells located within a Flood Plain.
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)
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 site is not zoned
Agricultural. However, the minimal area used to locate the four oil and gas wells will have a
very minimal impact to the current agricultural production on the site.
EXHIBIT
2004-0879 1 .
U t
Resolution USR-1462
Prima Oil & Gas
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 recommendation for approval is conditional upon the following:
1. Prior to the Board of County Commissioners hearing:
A. The applicant shall submit information regarding the status of their discussions with the Eastman
Kodak Company regarding the proposed wells to the Department of Planning Services. (Town
of Windsor)
2. Prior to recording the plat:
A. All pages of the plat shall be labeled USR-1462. (Department of Planning Services)
B. The applicant shall attempt to address the conditions(concerns)of the Windsor/Severance Fire
Protection District as indicated in a referral response dated February 4, 2004.Written evidence
of such shall be submitted to the Department of Planning Services. (Windsor/Severance Fire
Protection District)
C. The applicant shall attempt to address the conditions (concerns) of the Weld County Sheriffs
Office as indicated in a referral response dated February 9,2004.Written evidence of such shall
be submitted to the Department of Planning Services. (Sheriff's Office)
D. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to the
state highways.The applicant shall contact Gloria Hice-Idler or Tess Jones at the Greeley office
to verify the access permit or for any additional requirements that may be needed to obtain or
upgrade the permit. Evidence that all CDOT requirements have been met shall be submitted to
the Department of Planning Services. (Departments of Planning Services and Public Works)
E. Verification from the Windsor/Severance Fire Protection District that the roadway width and
access are adequate shall be submitted to the Department of Planning Services. (Department
of Public Works)
F. 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. 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)
G. According to the application materials submitted the site will temporarily store oil and water in
aboveground storage tanks. Therefore,the applicant shall submit evidence of an Aboveground
Storage Tank permit from the Colorado Department of Labor and Employment (CDL&E), Oil
Inspection Section for any aboveground storage tanks located on the site. Alternately, the
applicant can provide evidence from the(CDL&E),Oil Inspection Section that they are not subject
to these requirements. 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)
H. In the event that 1 or more acres are disturbed during the construction and development of this
site,the applicant shall inquire with the Water Quality Control Division (WQCD) of the Colorado
Department of Public Health and Environment if they are required to obtain a stormwater
discharge permit. Alternately,the applicant can provide evidence from WQCD that they are not
Resolution USR-1462
Prima Oil & Gas
Page 3
"""‘ subject to these requirements. Evidence that the Water Quality Control Divisions 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)
I. The applicant shall submit a waste handling plan, for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health & Environment. Evidence of
Health Department approval shall be submitted to the Department of Planning Services. The
plan shall include at a minimum, the following:
1. A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2. A list of the type and volume of chemicals expected to be stored on site.
3. The waste handler and facility where the waste will be disposed(including the facility
name,address,and phone number).(Department of Public Health and Environment)
J. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
2) The location of the Floodway and Flood Plain as delineated on FIRM Community Panel#
080266 0605 D and 080266 0001. The oil and gas wells shall be located outside of the
Floodway. (Department of Planning Services)
K. 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)
3. Prior to Construction:
A. Any wells located within a Flood Plain will require a Flood Hazard Development Permit.
(Department of Planning Services)
4. 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)
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 maps(o)co.weld.co.us. (Department of Planning Services)
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
Prima Oil &Gas
USR-1462
1. The Site Specific Development Plan and Special Use Permit is for an oil and gas production facility(four
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. (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 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)
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 applicant shall operate in accordance with the approved "waste handling plan". (Department of
Public Health and Environment)
7. If applicable, the applicant shall comply with all provisions of the Underground and Above Ground
Storage Tank Regulations (7 CCR 1101-14). (Department of Public Health and Environment)
8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public
Health and Environment)
9. 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)
10. Adequate toilet facilities (port-a-potty) shall be provided during the construction of the facility.
(Department of Public Health and Environment)
11. Bottled waters hall b e utilized for drinking and h and washing. (Department of Public H ealth and
Environment)
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 (HAP's) and
volatile organic compounds (VOC's). (Department of Public Health and Environment)
13. 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
14. The access road to the oil and gas production facility (for oil and gas wells) should be a graded and
drained road to provide an all-weather access to the facility. (Department of Public Works)
15. In the event that the applicant causes any damage to the Town of Windsor's sewage treatment plant
road, the applicant shall restore the road to its original condition. (Town of Windsor)
16. The property owner or operator shall be responsible for complying with the Design Standards of Section
23-2-240, Weld County Code.
Resolution USR-1462
Prima Oil & Gas
Page 2
' s, 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 property comply with the Development Standards
stated herein and all applicable Weld County regulations.
19. 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.
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.
Motion seconded by Bryant Gimlin
VOTE:
For Passage Against Passage Absent
i-. Michael Miller
John Folsom
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Tim Tracy
Doug Ochsner
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 March 2, 2004.
Dated the 2n°of March, 2004.
\ 01.12-Q f aC K (A.4--
Voneen Macklin
Secretary
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