HomeMy WebLinkAbout20193839.tiffRESOLUTION
RE: APPROVE VACATION OF USE BY SPECIAL REVIEW PERMIT, USR-1571 - GREAT
WESTERN OIL AND GAS COMPANY, LLC
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, by Resolution dated July 12, 2006, the Board approved Use by Special
Review Permit, USR-1551, for an Oil and Gas Production Facility (eight oil and gas wells and one
tank battery) in the I-1 (Industrial) Zone District, for Eastman Kodak Company/Broe Land
Acquisitions II, LLC, c/o Great Western Oil and Gas Company, LLC, on the following described
real estate, to -wit:
E1/2 of Section 27, Township 6 North, Range 67
West of the 6th P.M., Weld County, Colorado
WHEREAS, the Board has received a request from Great Western Oil and Gas Company,
LLC, 1001 17th Street, Suite 2000, Denver, CO 80202, to vacate said Use by Special Review
Permit, USR-1571, 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
Department of Planning Services staff and all of the exhibits and evidence presented in this matter
and, having been fully informed, deems it advisable to approve said vacation.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Use by Special Review Permit, USR-1571, be, and hereby is, vacated.
4522211 Pages: 1 of 2
09/11/2019 10:92 AM R Fee:$0.00
Carly KoPPes, Clerk and Recorder, Weld County, CO
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2019-3839
PL1859
VACATE USR-1571 - GREAT WESTERN OIL AND GAS COMPANY, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of August, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: 4A J�
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPROVED AS TO FORM
A4-(4. County Attorney
Date of signature: O9/lo/I
4522211 Pages: 2 of 2
09/11/2019 10:52 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
VIII I �s>r�4� Ply 4iQI�'Ic� Diu eiti l� ialy � ML��i 11111
Barbara Kirkmey r, Chairt1
EXCUSED
Mike Freeman, Pro_Tem
Sean Pnway
ott . James
Steve Moreno
2019-3839
PL1859
Great Western
OIL l GAS COMPANY
Great Western Operating
Company, LLC
1001 171h Street, Suite 2000
Denver, CO 80202
August 15, 2019
Angela Snyder
Weld County Planning Services
1555 North 17th Avenue
Greeley, CO 80634
asnyder@weldgov.com
Re: USR 1551 (Rec. 3418674) & USR 1571 (Rec. 3812160)
Dear Angela,
Great Western Operating Company, LLC would like to request that USR 1551 & USR 1571 be
vacated. Both of these USR's have existing facilities associated, but under current
requirements a USR would not be required to be approved for this type of facilities.
Please contact Miracle Pfister at 720-595-2250 if you have any questions.
Jeremy Conger
Senior Vice President of Operations
2019-3839
0 Ca
PL1259
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1571 FOR AN OIL AND GAS PRODUCTION FACILITY (TEN (10) OIL AND
GAS WELLS AND TWO (2) TANK BATTERIES) IN THE I-1 (INDUSTRIAL) ZONE
DISTRICT - EASTMAN KODAK COMPANY/BROE LAND ACQUISITIONS II, LLC, CIO
GREAT WESTERN OIL AND GAS COMPANY, LLC
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 8th day of
November, 2006, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Eastman Kodak Company/Broe Land Acquisitions II, LLC, c/o Great Western Oil
and Gas Company, LLC, 252 Clayton Street, Denver, Colorado 80206, for a Site Specific
Development Plan and Use by Special Review Permit#1571 for an Oil and Gas Production Facility
(ten (10) oil and gas wells and two (2) tank batteries) in the I-1 (Industrial) Zone District on the
following described real estate, being more particularly described as follows:
E1/2 of Section 27, Township 6 North, Range 67
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by William G. Crews, CPL, P.O. Box 336337,
Greeley, Colorado 80633, 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 recommendation 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 23-2-230.6 of the Weld County Code as follows:
a. Section 23-2-230. B.1 -The proposed use is consistent with Chapter 22 and
any other applicable code provisions or ordinance in effect.
Section 22-5-80.B.1 (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; however, it will allow
for the extraction of needed materials and resources.
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SPECIAL REVIEW PERMIT#1571- EASTMAN KODAKCOMPANY/BROE LAND ACQUISITIONS
II, LLC, C/O GREAT WESTERN OIL AND GAS COMPANY, LLC
PAGE 2
b. Section 23-2-230.6.2 - The proposed use is consistent with the intent of the
district in which the use is located. The site lies within 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 23-2-230.8.3 - 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 and Broe Land
Acquisitions II, LLC. Surrounding uses are industrial in character, or are
open fields. Existing facilities, similar to those proposed by this application,
are found throughout the area and the larger Kodak property. State
requirements for setbacks and other regulatory requirements can be
accommodated at the proposed locations.
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, 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. Neither jurisdiction responded to the referral requests.
e. Section 23-2-230.B.5 -- A portion of the site lies within the Flood Hazard
Overlay District. Structures within these areas will require a Flood Hazard
Development Permit and will be required to mitigate any impacts due to
potential flooding or downstream impacts. 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. 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.
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 criterion is not applicable, as the site is zoned I-1 (Industrial).
Agricultural uses, such as open pasture and some crop production are
currently on the site, although the footprint and impacts of the proposed
facilities will have negligible impacts to the area.
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.
2006-2929
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SPECIAL REVIEW PERMIT #1571 - EASTMAN KODAK COMPANY/BROE LAND ACQUISITIONS
II, LLC, CIO GREAT WESTERN OIL AND GAS COMPANY, LLC
PAGE 3
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Eastman Kodak Company/Broe Land Acquisitions II, LLC,
c/o Great Western Oil and Gas Company, LLC, for a Site Specific Development Plan and Use by
Special Review Permit#1571 for an Oil and Gas Production Facility (ten (10) oil and gas wells and
two (2) tank batteries) 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. Weld County Road 66 is a major arterial road, which requires a 140 -foot
right-of-way at full buildout. There is presently a 60 -foot right-of-way. This
road is maintained by the Town of Windsor. Pursuant to the definition of
"setback" in Section 23-1-90 of the Weld County Code, the required setback
is measured from the future right-of-way line. The applicant shall contact the
Town of Windsor prior to recordation to determine any access or other
requirements. Written evidence of such shall be provided to the Department
of Planning Services.
B. The Colorado Department of Transportation (CDOT) has jurisdiction over all
state highway accesses. The applicant shall contact CDOT to verify the
access permit, or for any additional requirements that may be needed to
obtain or upgrade the permit for State Highway 257. Written evidence of
such shall be provided to the Department of Planning Services.
C. The applicant shall submit a Dust Abatement Plan, for review and approval,
to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. Written evidence of such
shall be provided to the Department of Planning Services.
D. The applicant shall attempt to address the conditions and concerns of the
Windsor -Severance Fire Protection District, as indicated in a referral
response dated August 8, 2006. Written evidence of such shall be submitted
to the Department of Planning Services.
E. The Use by Special Review Permit Plan Map shall be amended to delineate
the following:
1) All sheets shall be labeled USR-1571.
2) An additional 40 feet of right-of-way shall be shown and indicated as
future right-of-way.
3) The attached Development Standards shall be added.
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SPECIAL REVIEW PERMIT#1571- EASTMAN KODAK COMPANY/BROE LAND ACQUISITIONS
II, LLC, CIO GREAT WESTERN OIL AND GAS COMPANY, LLC
PAGE 4
4) All formatting and elements indicated in Section 23-2-260.D of the
Weld County Code shall be incorporated into the Use by Special
Review Permit Plan Map.
F. 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. A Flood Hazard Permit shall be submitted, in conformance with
Section 23-2-450 of the Weld County Code, prior to construction of any
facilities within the floodplain, including no -rise certifications, as required.
B. An Oil and Gas Permit shall be obtained prior to placing tank batteries and
related equipment on the site.
C. All required building permits, as described on the Department of Building
Inspection referral response dated July 14, 2006, shall be obtained.
D. A letter of approval from the Windsor -Severance Fire Protection District shall
be submitted to the Department of Building Inspection prior to release of
building permits.
3. Within 45 days after first production:
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.
4. A Stormwater Discharge Permit may be required fora 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 contact the Water Quality
Control Division of the Colorado Department of Public Health and Environment at
www.cdphe.state. co. us/wq/PermitsUnit.
5. 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.
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SPECIAL REVIEW PERMIT#1571- EASTMAN KODAK COMPANY/BROE LAND ACQUISITIONS
II, LLC, C/O GREAT WESTERN OIL AND GAS COMPANY, LLC
PAGE 5
6. 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.
7. 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
maps@co.weld.co.us.
8. The Use by Special Review activity shall not occur, nor shall any building or electrical
permits be issued on the property, 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 8th day of November, A.D., 2006.
ATTEST:
Weld County Clerk to the Bb
BY: (-t-r
APP
D
ounty Attorney
Date of signature: tl / 2 - 1'(�
BOARD OF COUNTY COMMISSIONERS
WELD COU , , COLORADO
Wi
Robert D. Masd
Glenn Vaad
2006-2929
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
EASTMAN KODAK COMPANY/BROE LAND ACQUISITIONS II, LLC
C/O GREAT WESTERN OIL AND GAS COMPANY, LLC
USR #1571
1. The Site Specific Development Plan and Use by Special Review Permit #1571 is for an Oil
and Gas Production Facility (ten (10) oil and gas wells, two (2) tank batteries), 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 construction or improvements occurring in the floodplain, as delineated on Federal
Emergency Management Agency FIRM Community Panel Map #080266 0605E, and Map
#080266 1503E, both dated June 10, 2005, shall comply with the Flood Hazard Overlay
District requirements of Chapter 23, Article V, Division 3, of the Weld County Code, which
shall also include the submittal of a no -rise certificate.
4. 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 mannerthat
protects against surface and groundwater contamination.
5. 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.
6. 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.
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 drilling/construction.
10. Bottled water shall be utilized for drinking and hand washing during drilling/construction.
11. All potentially hazardous chemicals must be stored and handled in a safe manner in
accordance with product labeling, and in a mannerthat 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. The oil and gas service right-of-way or easement shall be graded and drained to provide an
all-weather access.
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DEVELOPMENT STANDARDS - EASTMAN KODAK COMPANY/BROE LAND ACQUISITIONS
II, LLC (USR #1571)
PAGE 2
14. Prior to construction on the site, including moving and drilling rigs, the applicant shall obtain
all necessary County transportation permits for overweight and overwidth vehicles. The
applicant shall contact the Department of Public Works at 970-356-4000, extension 3750,
to obtain such permits.
15. The applicant shall conform to all state and federal regulations concerning stormwater
drainage. As the sites are regulated by the Colorado Oil and Gas Conservation
Commission, the applicant shall utilize the requirements of the Colorado Department of
Public Health and Environment. The applicant must take into consideration stormwater
capture/quantity and provide accordingly for Best Management Practices.
16. 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.
17. 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.
18. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
19. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
20. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
21. 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.
22. 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.
23. 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.
2006-2929
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