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HomeMy WebLinkAbout951769.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Ron Sommer that the following resolution be introduced for passage, with the changes to Condition of Approval #3 and Development Standard #6, by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-1089 NAME: Prima Oil and Gas ADDRESS: 1801 Broadway, Suite 500, Denver, CO 80202 REQUEST: A Site Specific Development Plan and a Special Review Permit for oil and gas production facilities in the R-1 (Low Density Residential) and 1-2 (Industrial) Zone Districts. LEGAL DESCRIPTION: The W2 of the NW4 of Section 4, T5N, R65W of the 6th P.M., Weld County, Colorado. LOCATION: East of and adjacent to 1st Avenue; north of and south of and adjacent to Bliss Road 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 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: The proposal is consistent with the Weld County Comprehensive Plan Urban Growth Boundary Area Goals and Policies. The City of Greeley has reviewed this proposal and has recommended conditional approval of this request. The proposal is consistent with the R-1 (Low Density Residential) and 1-2 (Industrial) Zone Districts and is provided for as a Use by Special Review. The property is located in the Airport Overlay District and Flood Hazard Overlay District. The Development Standards address these concerns. Special Review Permit development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County to the greatest extent possible. 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. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. RESOLUTION, USR-1089 Prima Oil and Gas Page 2 2. 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. 3. a. Well sites and tank batteries shall be located in a legal location as far as practical from occupiable structures. b. Access shall be controlled by gates on the access roads unless and until a subdivision is platted around the production site at which time the well sites and tank batteries shall be fenced to prevent access. The Special Review plat shall be amended to show the location of the gates. and the future fencing. c. Any valves that control piping that vent to the atmosphere shall be protected by removing handles from valves and the load line shall be designed so that it terminates inside the berm. 4. Prior to recording the plat the applicant shall submit to the Department of Planning Services a Hazard Determination from the Federal Aviation Administration. 5. Any topsoil disturbed during drilling operations shall be restored according to the recommendation from the Soil Conservation District. Motion seconded by Shirley Camenisch. VOTE: For Passage Against Passage Ron Sommer Curt Moore Jack Epple Marie Koolstra Shirley Camenisch Richard Kimmel The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Sharyn Frazer, 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 August 1, 1995. ated the 1st of August, 1995 haryn Fr e d Secretary 951769 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Prima Oil and Gas USR-1089 1. The Site Specific Development Plan and Special Review permit is for an oil and gas production facilities in the R-1 (Low Density Residential) and 1-2 (Industrial) Zone Districts as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. The Property shall be maintained in compliance with the Rules and Regulations of the Oil and Gas Conservation Commission including rules that pertain to oil and gas production in high density residential areas. 4. The property shall be maintained in compliance with the Weld County Airport Overlay District and Flood Hazard Overlay District Requirements. 5. All liquid and solid wastes shall be stored and removed for final disposal in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 6. During drilling and recompletion activities, the maximum permissible noise level shall not exceed the noise level for construction pursuant to C.R.S. 25-12-103(5). At all other times it shall not exceed the residential noise standards of C.R.S. 25-12-103(1), all as measured in accordance with C.R.S. 25-12- 102(2) and (3) and C.R.S. 25-12-103(8) and 9. 7. Port -a -potty facilities shall be provided during drilling and construction of the well. 8. Any constructed production pits as the result of these two (2) wells shall be considered to be in sensitive areas and constructed and maintained in compliance with the sensitive area rules (Section 904), of the Rules and Regulations of the Oil and Gas Conservation Commission. 9. A spillage retention berm shall be installed and maintained around the tank battery. The volume retained by the spillage berm should be greater than the volume of the largest tank located inside the berm. 10. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 11. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 12. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 13. Personnel from the Weld County Health Department, Weld County Department of Planning Services and Western Hills Fire Protection District 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 hereon and all applicable Weld County Regulations. 951769 DEVELOPMENT STANDARDS, USR-1089 Prima Oil and Gas Page 2 14. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Any other changes shall be filed in the office of the Department of Planning Services. 13. 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. 251769 Hello