HomeMy WebLinkAbout20040878.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1462 FOR AN OIL AND GAS PRODUCTION FACILITY(FOUR OIL AND GAS
WELLS)IN THE I-1 (INDUSTRIAL)ZONE DISTRICT-PRIMA OIL AND GAS COMPANY
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 7th day of
April, 2004, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Prima Oil and Gas Company, do Carol Myers, 1099 18th Street,Suite 400, Denver,
Colorado 80202,for a Site Specific Development Plan and Use by Special Review Permit#1462
for an Oil and Gas Production Facility(four oil and gas wells)in the I-1 (Industrial)Zone District on
the following described real estate, to-wit:
Part of the SW1/4 of Section 34, Township 6 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Mike Wozniak, Dorsey and Whitney,
370 17th Street, Suite 4700, Denver, Co 80202, 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.B of the Weld County Code as follows:
a. Section 23-2-230.6.1 --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 23-2-230.6.2--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.
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SPECIAL REVIEW PERMIT#1462 - PRIMA OIL AND GAS COMPANY
PAGE 2
c. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The Conditions of Approval and
Development Standards ensure that the proposal will have little impact on the
surrounding land uses.
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,orthe adopted Master Plans of affected municipalities. The site lies
within the three-mile referral area for the Town of Windsor.
e. Section 23-2-230.B.5 -- A portion of the site lies within the Flood Hazard
Overlay District.Conditions of Approval 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 anywells located
within a floodplain. 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 23-2-230.6.6--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 A(Agricultural); however,the small area used to
locate the four oil and gas wells will have a very minimal impact to the
current agricultural production on the site.
g. Section 23-2-230.6.7 -- 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 Prima Oil and Gas Company for a Site Specific
Development Plan and Use by Special Review Permit#1462 for an Oil and Gas Production Facility
(four 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. All pages of the plat shall be labeled USR-1462.
B. The applicant shall attempt to address the conditions and 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.
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SPECIAL REVIEW PERMIT#1462 - PRIMA OIL AND GAS COMPANY
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C. The applicant shall attempt to address the conditions and concerns of the
Weld County Sheriff's Office, as indicated in a referral response dated
February 9, 2004. Written evidence of such shall be submitted to the
Department of Planning Services.
D. The Colorado Department of Transportation(CDOT)has jurisdiction over all
accesses to state highways. The applicant shall contact Gloria Hice-Idleror
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.
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.
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) 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. 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.
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
Department of Public Health and Environment shall be submitted to the
Department of Planning Services.
H. In the event that one(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 subject to these requirements. Evidence that the
Water Quality Control Division's 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.
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SPECIAL REVIEW PERMIT#1462 - PRIMA OIL AND GAS COMPANY
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The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department of
Public Health and 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).
J. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The location of the floodway and floodplain as delineated on FIRM
Community Panels#080266 0605 D and#0802660001. The oil and
gas wells shall be located outside of the floodway.
K. 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. Any wells located within a floodplain will require a Flood Hazard Development
Permit.
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. 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
mapsaco.weld.co.us.
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SPECIAL REVIEW PERMIT#1462 - PRIMA OIL AND GAS COMPANY
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5. The Use by Special Review activity shall not occur, nor shall any Building or
Electrical Permits be issued, until the Use by Special Review plat is ready to be
recorded in the office of the Weld County Clerk and Recorder.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 7th day of April, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
���� COLORADO
ATTEST: /��►fd�a/��(/I/ - E �``' � Y �
teeitz)
obert D. Masden, Chair
Weld County Clerk to the t�
/Ai ) cLI-M-2/
� { W ,� illiam H. rke, Pro-Tem
BY: A44-Deputy Clerk to the Board' —r
M. J. ile
7Sj- ;:7
cjDavid E. Long
torney AAW
Glenn Vaad
Date of signature: 1/RP
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
PRIMA OIL AND GAS COMPANY
USR#1462
1. The Site Specific Development Plan and Use by Special Review Permit#1462 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.
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 for final 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 applicant shall operate in accordance with the approved Waste Handling Plan.
7. If applicable, the applicant shall comply with all provisions of the Underground and Above
Ground Storage Tank Regulations (7 CCR 1101-14).
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 toilet facilities(Port-A-Potty)shall be provided during the construction of the facility.
11. Bottled water shall be utilized for drinking and hand washing.
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. If applicable,the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
14. The access road to the oil and gas production facility (for oil and gas wells) should be
graded and drained to provide an all-weather access to the facility.
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DEVELOPMENT STANDARDS - PRIMA OIL AND GAS COMPANY (USR#1462)
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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.
16. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
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 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.
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